2021 -- S 0414

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LC001668

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- LARGE CAPACITY FEEDING DEVICE BAN OF

2021

     Introduced By: Senators Goldin, Miller, Seveney, Cano, Calkin, DiPalma, DiMario,
Coyne, Quezada, and Mendes

     Date Introduced: February 25, 2021

     Referred To: Senate Judiciary

     (Attorney General/General Treasurer/Secretary of State/Lieutenant Governor)

It is enacted by the General Assembly as follows:

     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

amended by adding thereto the following chapter:

CHAPTER 47.1

LARGE CAPACITY FEEDING DEVICE BAN OF 2021

     11-47.1-1. Short title.

     This chapter shall be known and may be cited as the "Rhode Island Large Capacity Feeding

Device Ban Act of 2021."

     11-47.1-2. Definitions.

     As used in this chapter:

     (1) "Federally licensed firearm dealer" means a person who holds a valid federal firearm

dealers license issued pursuant to 18 U.S.C. § 923(a).

     (2) "Large capacity feeding device" means a magazine, box, drum, tube, belt, feed strip,

or other container which is capable of holding more than ten (10) rounds of ammunition to be fed

continuously and directly therefrom into a semi-automatic firearm. The term "large capacity

feeding device" shall include an ammunition feeding device with a removable floor plate or end

plate, if the device can readily be extended to accept more than ten (10) rounds of ammunition. The

term shall not include an attached tubular device which is capable of holding only .22 caliber rimfire

ammunition.

     11-47.1-3. Large capacity feeding devices prohibited.

     (a) No person, except for a federally licensed firearms dealer, shall manufacture, sell, offer

to sell, transfer, purchase, possess, or have under his or her control a large capacity feeding device,

except as otherwise authorized under this chapter. Any person convicted of violating the provisions

of this section shall be punished by imprisonment of not more than five (5) years, or by a fine of

up to five thousand dollars ($5,000), and the large capacity feeding device shall be subject to

forfeiture.

     (b) The provisions of subsection (a) of this section shall not apply to:

     (1) Any person who, on the effective date of this chapter, lawfully possessed a large

capacity feeding device; provided that, within one hundred eighty (180) days of the effective date

of this chapter the person:

     (i) Permanently modifies the large capacity feeding device such that it cannot hold more

than ten (10) rounds of ammunition;

     (ii) Surrenders the large capacity feeding device to the police department in the city or town

where the person resides in accordance with the procedures for surrender of weapons set forth by

the police department or the Rhode Island state police, or, if there is no such police department or

the person resides out of state, to the Rhode Island state police; or

     (iii) Transfers or sells the large capacity feeding device to a federally licensed firearm

dealer or person or firm outside the state of Rhode Island that is lawfully entitled to own or possess

such a feeding device.

     (2)(i) Any law enforcement officer exempt under §§ 11-47-9 and 11-47-9.1; or

     (ii) A retired law enforcement officer exempt under §§ 11-47-9 and 11-47-9.1 who is not

otherwise prohibited from receiving such a feeding device from such agency upon retirement, and

who has a permit to carry pursuant to § 11-47-18(b).

     (3) An active duty member of the Armed Forces of the United States or the National Guard

who is authorized to possess and carry such a feeding device.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- LARGE CAPACITY FEEDING DEVICE BAN OF

2021

***

     This act would make it a felony for an individual to possess any semi-automatic firearm

magazine which is capable of holding more than ten (10) rounds of ammunition. Violation is

punishable by up to five (5) years imprisonment or a fine of up to five thousand dollars ($5,000).

There are limited exceptions for firearms dealers, law enforcement and military.

     This act would take effect upon passage.

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