2012 -- S 2133

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

     Introduced By: Senator Roger Picard

     Date Introduced: January 18, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-47-8 of the General Laws in Chapter 11-47 entitled "Weapons"

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is hereby amended to read as follows:

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     11-47-8. License or permit required for carrying pistol -- Possession of machine gun.

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-- (a) No person shall, without a license or permit issued as provided in sections 11-47-11, 11-47-

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12 and 11-47-18, carry a pistol or revolver in any vehicle or conveyance or on or about his or her

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person whether visible or concealed, except in his or her dwelling house or place of business or

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on land possessed by him or her or as provided in sections 11-47-9 and 11-47-10, unless said

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person otherwise meets the licensing requirements specified in section 11-47-11. The provisions

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of these sections shall not apply to any person who is the holder of a valid license or permit

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issued by the licensing authority of another state, or territory of the United States, or political

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subdivision of the state or territory, allowing him or her to carry a pistol or revolver in any

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vehicle or conveyance or on or about his or her person whether visible or concealed, provided the

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person is merely transporting the firearm through the state in a vehicle or other conveyance

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without any intent on the part of the person to detain him or herself or remain within the state of

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Rhode Island. No person shall manufacture, sell, purchase, or possess a machine gun except as

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otherwise provided in this chapter. Every person violating the provision of this section shall, upon

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conviction, be punished by imprisonment for not less than one nor more than ten (10) years, or by

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a fine up to ten thousand dollars ($10,000), or both, and except for a first conviction under this

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section shall not be afforded the provisions of suspension or deferment of sentence, nor a

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probation.

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      (b) No person shall have in his or her possession or under his or her control any sawed-

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off shotgun or sawed-off rifle as defined in section 11-47-2. Any person convicted of violating

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this subsection shall be punished by imprisonment for up to ten (10) years, or by a fine of up to

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five thousand dollars ($5,000), or both.

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      (c) No person shall have in his or her possession or under his or her control any firearm

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while the person delivers, possesses with intent to deliver, or manufactures a controlled

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substance. Any person convicted of violating this subsection shall be punished by imprisonment

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for not less than two (2) years nor more than twenty (20) years, and the sentence shall be

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consecutive to any sentence the person may receive for the delivery, possession with intent to

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deliver, or the manufacture of the controlled substance. It shall not be a defense to a violation of

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this subsection that a person has a license or permit to carry or possess a firearm.

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     SECTION 2. This act shall take effect on January 1, 2013.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

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     This act would make certain changes to the eligibility for carrying a concealed weapon by

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incorporating a reference to section 11-47-11.

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     This act would take effect on January 1, 2013.

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