2005 -- H 6305

=======

LC02625

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2005

____________

A N A C T

RELATING TO WEAPONS

     Introduced By: Representatives Diaz, Ajello, Almeida, Williams, and Moura

     Date Introduced: March 31, 2005

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 11-47-2 of the General Laws in Chapter 11-47 entitled "Weapons"

1-2

is hereby amended to read as follows:

1-3

     11-47-2. Definitions. -- When used in this chapter, the following words and phrases are

1-4

construed as follows:

1-5

      (1) "Antique firearm" is defined as that term is defined under the provisions of 18 U.S.C.

1-6

section 921.

1-7

      (2) "Crime of violence" means and includes any of the following crimes or an attempt to

1-8

commit any of them: murder, manslaughter, rape, first or second degree sexual assault, first or

1-9

second degree child molestation, kidnapping, first and second degree arson, mayhem, robbery,

1-10

burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or

1-11

delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a

1-12

controlled substance classified in schedule I or schedule II of section 21-28-2.08, any violation of

1-13

section 21-28-4.01.1 or 21-28-4.01.2 or conspiracy to commit any violation of these statutes,

1-14

assault with a dangerous weapon, assault or battery involving grave bodily injury, and/or assault

1-15

with intent to commit any offense punishable as a felony; upon any conviction of an offense

1-16

punishable as a felony offense under section 12-29-5.

1-17

      (3) "Firearm" includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun,"

1-18

"BB gun," or other instrument from which steel or metal projectiles are propelled, or which may

1-19

readily be converted to expel a projectile, except recurve, compound, or longbows, and except

2-1

instruments propelling projectiles which are designed or normally used for a primary purpose

2-2

other than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under

2-3

the provisions of this section.

2-4

      (4) "Fugitive from justice" means any person who has fled from any state, territory, the

2-5

District of Columbia, or possession of the United States to avoid prosecution for a crime of

2-6

violence or to avoid giving testimony in any criminal proceeding.

2-7

      (5) "Licensing authorities" means the board of police commissioners of a city or town

2-8

where the board has been instituted, the chief of police or superintendent of police of other cities

2-9

and towns having a regular organized police force, and, in towns where there is no chief of police

2-10

or superintendent of police, it means the town clerk who may issue licenses upon the

2-11

recommendation of the town sergeant, and it also means any other person or body duly authorized

2-12

by the city or town charter or by state law.

2-13

      (6) "Machine gun" means any weapon which shoots, is designed to shoot, or can be

2-14

readily restored to shoot automatically more than one shot, without manual reloading, by a single

2-15

function of the trigger. The term also includes the frame or receiver of the weapon, any

2-16

combination of parts designed and intended for use in converting a weapon into a machine gun,

2-17

and any combination of parts from which a machine gun can be assembled if the parts are in the

2-18

possession or under the control of a person.

2-19

      (7) "Person" includes an individual, partnership, firm, association, or corporation.

2-20

      (8) "Pistol" includes any pistol or revolver, and any shotgun, rifle, or similar weapon

2-21

with overall length less than twenty-six inches (26"), but does not include any pistol or revolver

2-22

designed for the use of blank cartridges only.

2-23

      (9) "Sawed-off rifle" means any rifle with overall length of less than twenty-six inches

2-24

(26") and/or barrel length of less than sixteen inches (16").

2-25

      (10) "Sawed-off shotgun" means any shotgun with overall length of less than twenty-six

2-26

inches (26") and/or barrel length of less than eighteen inches (18").

2-27

      (11) "Sell" includes let or hire, give, lend, and transfer, and "purchase" includes hire,

2-28

accept, and borrow, and "purchasing" shall be construed accordingly.

2-29

     (12) "Ammunition," means cartridges or cartridge cases, primers (igniter), bullets or

2-30

propellant powder designed for use in any firearm, rifle or shotgun. The term "ammunition" shall

2-31

also mean tear gas cartridges, chemical mace or any device or instrument which contains or emits

2-32

a liquid, gas, powder or any other substance designated to incapacitate.

2-33

     (13) "Assault weapon, " shall have the same meaning as a semiautomatic assault weapon

2-34

as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C.

3-1

section 921 (a)(30), and shall include, but not be limited to, any of the weapons or copies or

3-2

duplicates of the weapons, of any caliber, known as : (i) Avtomat Kalashnikov (AK) (all models);

3-3

(ii) Action Arms Israeli Military Industries UZI and Galil; (iii) Beretta Ar70 (SC-70); (iv) Colt

3-4

AR-15; (v) Fabrique National FN/FAL, FN/LAR and FNC; (vi) SWD M-10, M-11, M-11/9 and

3-5

M-12; (vii) Steyr AUG; (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and (ix) revolving

3-6

cylinder shotguns, such as, or similar to, the Street Sweeper and Striker 12; provided, however,

3-7

that the term assault weapon shall not include: (i) any of the weapons, or replicas or duplicates of

3-8

such weapons, specified in appendix A to 18 U.S.C. section 922, as such weapons were

3-9

manufactured on October 1, 1993; (ii) any weapon that is operated by manual bolt, pump, lever or

3-10

slide action; (iii) any weapon that has been rendered permanently inoperable or otherwise

3-11

rendered permanently unable to be designated a semiautomatic assault weapon; (iv) any weapon

3-12

that was manufactured prior to the year 1899; (v) any weapon that is an antique or relic, theatrical

3-13

prop or other weapon that is not capable of firing a projectile and which is not intended for use as

3-14

a functional weapon and cannot be readily modified through a combination of available parts into

3-15

an operable assault weapon; (vi) any semiautomatic rifle that cannot accept a detachable

3-16

magazine that holds more than five (5) rounds of ammunition; or (vii) any semiautomatic

3-17

shotgun that cannot hold more than five (5) rounds of ammunition in a fixed or detachable

3-18

magazine.

3-19

     (14) "Large capacity feeding device" means: (i) a fixed or detachable magazine, box,

3-20

drum, feed strip or similar device capable of accepting, or that can be readily converted to accept

3-21

more than ten (10) rounds of ammunition or more than five (5) shotgun shells; or (ii) a large

3-22

capacity ammunition feeding device as defined in the federal Public Safety and Recreational

3-23

Firearms Use Protection Act, 18 U.S.C. section 921 (a)(31).

3-24

     The term "large capacity feeding device" shall not include an attached tubular device

3-25

designed to accept, and capable of operation only with, .22 caliber ammunition.

3-26

     (15) "Semiautomatic," means being: capable of utilizing a portion of the energy of a

3-27

firing cartridge to extract the fired cartridge case and chamber the next round, and requiring a

3-28

separate pull of the trigger to fire each cartridge.

3-29

     (16) "Shotgun," means a weapon having a smooth bore with a barrel length equal to or

3-30

greater than eighteen (18) inches with an overall length equal to or greater than twenty-six (26)

3-31

inches, and capable of discharging a shot or bullet for each pull of the trigger.

3-32

     SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended

3-33

by adding thereto the following section:

3-34

     11-47-63. New assault weapons banned. – (a) No person shall sell, offer for sale,

4-1

transfer or possess an assault weapon or large capacity feeding device that was not otherwise

4-2

lawfully possessed on September 13, 1994. Whoever not being authorized violates the provisions

4-3

of this section shall be punished, for a first offense, by a fine of not less than one thousand dollars

4-4

($1,000) nor more than ten thousand dollars ($10,000) and by imprisonment for not less than one

4-5

year not more than ten (10) years, and for a second offense, by a fine of not less than five

4-6

thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000) and by imprisonment

4-7

for not less than five (5) years nor more than fifteen (15) years.

4-8

     (b) The provisions of this section shall not apply to: (1) the possession by a law

4-9

enforcement officer for purposes of law enforcement; or (2) the possession by an individual who

4-10

is retired from service with a law enforcement agency and is not otherwise prohibited from

4-11

receiving such a weapon or feeding device from such agency upon retirement.

4-12

     SECTION 3. This act shall take effect upon passage.

=======

LC02625

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO WEAPONS

***

5-1

     This act would add definitions of "ammunition", "assault weapon", "large capacity

5-2

feeding device", semiautomatic" and "shotgun" to the chapter on weapons and would make it

5-3

unlawful to sell, transfer or possess any assault weapons or a large capacity feeding device.

5-4

     This act would take effect upon passage.

=======

LC02625

=======