Chapter 428 |
2025 -- H 5130 SUBSTITUTE A Enacted 07/02/2025 |
A N A C T |
RELATING TO CRIMINAL OFFENSES -- WEAPONS |
Introduced By: Representatives Boylan, Knight, Tanzi, Craven, McEntee, Dawson, Cruz, Ajello, Caldwell, and Felix |
Date Introduced: January 22, 2025 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 11-47-2 of the General Laws in Chapter 11-47 entitled "Weapons" is |
hereby amended to read as follows: |
11-47-2. Definitions. |
When used in this chapter, the following words and phrases are construed as follows: |
(1) “3D printing process” means 3D printing or additive manufacturing which is a process |
of making three (3) dimensional solid objects from a computer file and shall include any of various |
processes in which material is joined or solidified under computer control to create a three (3) |
dimensional object, with material being added together including liquid molecules or powder |
grains. |
(2) “Antique firearm” is defined as that term is defined under the provisions of 18 U.S.C. |
§ 921. |
(3) “Binary trigger” means a device that replaces a standard trigger on a semi-automatic |
weapon and is designed to fire one round on the pull of the trigger and another round upon release |
of the trigger. |
(4) “Bump-fire stock” means any device that replaces a semi-automatic weapon’s standard |
stock and is designed to slide back and forth rapidly, harnessing the weapon’s recoil to rapidly fire |
the weapon. |
(5) “Crime gun” means any firearm used in a crime or identified by law enforcement as |
suspected of having been used in a criminal offense. |
(5)(6) “Crime of violence” means and includes any of the following crimes or an attempt |
to commit any of them: murder, manslaughter, rape, first- or second-degree sexual assault, first- or |
second-degree child molestation, kidnapping, first- and second-degree arson, mayhem, robbery, |
burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or |
delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a |
controlled substance classified in schedule I or schedule II of § 21-28-2.08, any violation of § 21- |
28-4.01.1 or § 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a |
dangerous weapon, assault or battery involving grave bodily injury, or assault with intent to commit |
any offense punishable as a felony; upon any conviction of an offense punishable as a felony |
offense under § 12-29-5. |
(6)(7) “Firearm” includes any machine gun, pistol, rifle, air rifle, air pistol, “blank gun,” |
“BB gun,” or other instrument from which steel or metal projectiles are propelled, or that may |
readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and |
except instruments propelling projectiles that are designed or normally used for a primary purpose |
other than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under |
the provisions of this section. |
(7)(8) “Fugitive from justice” means any person who has fled from any state, territory, the |
District of Columbia, or possession of the United States to avoid prosecution for a crime of violence |
or to avoid giving testimony in any criminal proceeding. |
(8)(9) “Ghost gun” means a firearm, including a frame or receiver, that lacks a unique serial |
number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, |
maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. It does |
not include a firearm that has been rendered permanently inoperable, or a firearm that is not |
required to have a serial number in accordance with the federal Gun Control Act of 1968. |
(9)(10) “Licensing authorities” means the board of police commissioners of a city or town |
where the board has been instituted, the chief of police or superintendent of police of other cities |
and towns having a regular organized police force, and, in towns where there is no chief of police |
or superintendent of police, it means the town clerk who may issue licenses upon the |
recommendation of the town sergeant, and it also means any other person or body duly authorized |
by the city or town charter or by state law. |
(10)(11) “Machine gun” means any weapon that shoots, is designed to shoot, or can be |
readily restored to shoot automatically more than one shot, without manual reloading, by a single |
function of the trigger. The term also includes the frame or receiver of the weapon, any combination |
of parts designed and intended for use in converting a weapon into a machine gun, and any |
combination of parts from which a machine gun can be assembled if the parts are in the possession |
or under the control of a person. |
(11)(12) “Major component” means, with respect to a firearm: |
(i) The slide or cylinder or the frame or receiver of the firearm; and |
(ii) In the case of a rifle or shotgun, includes the barrel of the firearm. |
(12)(13) “Person” includes an individual, partnership, firm, association, or corporation. |
(13)(14) “Pistol” includes any pistol or revolver, and any shotgun, rifle, or similar weapon |
with overall length less than twenty-six inches (26″), but does not include any pistol or revolver |
designed for the use of blank cartridges only. |
(14)(15) “Rifle” shall have the same meaning as in 26 U.S.C. § 5845(c), and by barrel |
length and overall length not be subject to registration pursuant to the National Firearms Act, 26 |
U.S.C. ch. 53 (prior § 5801 et seq.). |
(15)(16) “Sawed-off rifle” means any rifle with overall length of less than twenty-six |
inches (26″) or barrel length of less than sixteen inches (16″). |
(16)(17) “Sawed-off shotgun” means any shotgun with overall length of less than twenty- |
six inches (26″) or barrel length of less than eighteen inches (18″). |
(17)(18) “Sell” includes let or hire, give, lend, and transfer, and “purchase” includes hire, |
accept, and borrow, and “purchasing” shall be construed accordingly. |
(18)(19) “Shotgun” shall have the same meaning as in 26 U.S.C. § 5845(d), and by barrel |
length and overall length not be subject to registration pursuant to the National Firearms Act, 26 |
U.S.C. ch. 53 (prior § 5801 et seq.). |
(19)(20) “Trigger crank” means a trigger actuator that attaches to the trigger of a semi- |
automatic weapon and causes the weapon to fire by turning the crank handle. |
(20)(21) “Undetectable firearm” means any firearm that: |
(i) After removal of all parts, other than a major component, is not as detectable by walk- |
through metal detectors commonly used at airports or other public buildings; or |
(ii) Any major component of which, if subjected to inspection by the types of detection |
devices commonly used at airports or other public buildings for security screening, would not |
generate an image that accurately depicts the shape of the component; or |
(iii) Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or |
(iv) Upon which the frame or receiver lacks a unique serial number engraved or cased into |
on the frame or receiver by a licensed manufacturer, maker, or importer under federal law, or |
markings in accordance with 27 C.F.R. § 479.102. Provided, however, this subsection shall not |
apply to any firearm rendered permanently inoperable or a firearm manufactured prior to 1968. |
SECTION 2. Chapter 12-1 of the General Laws entitled "Identification and Apprehension |
of Criminals" is hereby amended by adding thereto the following section: |
12-1-10.2. Firearm’s examination. |
(a) In the case of every offense in which a crime gun, as defined in § 11-47-2, is seized: |
(1) The arresting/investigating police department shall submit the firearm or at least two |
(2) test-fired cartridge cases to the state crime laboratory, the Federal Bureau of Alcohol, Tobacco, |
Firearms and explosives (BATF) or any qualified law enforcement agency with personnel certified |
in forensic ballistics examinations for testing and entry of test fired casings(s) into the national |
integrated ballistic information network (NIBIN). Alternatively, the two (2) test-fired cartridge |
casings may be entered into the NIBIN system available at the attorney general’s office; and |
(2) The arresting/investigating police department shall submit any information relative to |
said firearm including, but not limited to, its make, model, and serial number to the BATF for |
tracing. |
(b) Whenever a law enforcement agency recovers any spent cartridge case(s) or shell |
casing(s) at a crime scene or has reason to believe that the recovered spent cartridge case(s) or shell |
casing(s) are related to or associated with the commission of a crime, the arresting/investigating |
law enforcement agency shall, as soon as practicable, submit the ballistics information to the |
NIBIN. |
(c) Notwithstanding the provisions of subsection (a) of this section, if a person is arrested |
for any offense and the investigating law enforcement agency seizes any firearm from that person, |
that is not a "crime gun" as defined in § 11-47-2 then no ballistic testing pursuant to this section |
shall occur. |
SECTION 3. This act shall take effect upon passage. |
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LC000134/SUB A/2 |
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