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2013 -- H 5686 | |
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LC01327 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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A N A C T | |
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RELATING TO CRIMINAL OFFENSES -- WEAPONS | |
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Introduced By: Representatives Chippendale, Costa, Nunes, Bennett, and Jacquard | |
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Date Introduced: February 27, 2013 | |
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Referred To: House Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 11-47-35.2 of the General Laws in Chapter 11-47 entitled |
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"Weapons" is hereby amended to read as follows: |
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11-47-35.2. Sale of rifles/shotguns. -- (a) No person shall deliver a rifle or shotgun to a |
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purchaser until seven (7) days shall have elapsed from twelve o'clock (12:00) noon of the day |
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following the day of application for the purchase, and when delivered, the rifle or shotgun shall |
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be unloaded and securely wrapped, with the bill of sale for it to be enclosed within the wrapper |
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with the rifle or shotgun. Any citizen of the United States and/or lawful resident of this state who |
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is eighteen (18) years of age or older, and any non-resident member of the armed forces of the |
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United States who is stationed in this state and who is eighteen (18) years of age or older, may, |
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upon application, purchase or acquire a rifle or shotgun. At the time of applying for the purchase |
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of a shotgun or rifle the purchaser shall complete and sign in triplicate and deliver to the seller the |
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application form described in this section, and in no case shall it contain the serial number of the |
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rifle or shotgun. |
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(Face of application form) |
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Application to Purchase Shotgun or Rifle |
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Date ............ Hour ............ A.M. P.M. |
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Name ............ |
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Address ............ |
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(Street and number) (City or town) (State) |
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Date of Birth ............ Place of Birth ............ |
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Height ............ Weight ............ Color hair ............ |
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Color eyes ............ |
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Scars ............ |
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Tattoos ............ |
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Other identifying marks ............ |
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Are you a citizen of the United States ............ |
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Are you a citizen of Rhode Island ............ How long ............ |
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Where stationed ............ |
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(Armed Forces only) ............ |
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Have you ever been convicted of a crime of violence ............ |
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(See section 11-47-2 General Laws of Rhode Island) |
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Have you ever been adjudicated or under confinement as addicted to a controlled substance…… |
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Have you ever been adjudicated or under confinement for alcoholism ............ |
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Have you ever been confined or treated for mental illness ............ |
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From whom is shotgun or rifle being purchased ............ |
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Seller's address ............ |
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Seller's signature ............ |
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Applicant's signature ............ |
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(See section 11-47-23 for penalty for false information on this application) |
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(Reverse side of application form) |
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AFFIDAVIT: I certify that I have read and am familiar with the provisions of sections 11-47-1 - |
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11-47-59, inclusive, of the general laws of the State of Rhode Island and Providence Plantations, |
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and that I am aware of the penalties for violation of the provisions of the cited sections. |
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Signed ............ |
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County of ............ |
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State of Rhode Island Subscribed and sworn before me this.... day of.... A.D. 20... |
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Notary Public ............ |
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(b) The person who is selling the rifle or shotgun shall, on the date of application, sign |
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and forward by registered mail or by delivery in person, the original and duplicate copies of the |
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application to the superintendent of the Rhode Island state police or the chief of police in the city |
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or town in which the seller has his or her residence or place of business. The superintendent of the |
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Rhode Island state police or the chief of police in the city or town in which the person has his or |
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her residence or place of business shall mark or stamp the original copy of the application form |
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with the date and time of receipt and return it by the most expeditious means to the seller. The |
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triplicate copy duly signed by the seller shall within seven (7) days be sent by him or her by |
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registered mail to the attorney general. The person shall retain the original copy duly receipted by |
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the police authority to whom sent or delivered for a period of six (6) years with other records of |
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the sale. It shall be the duty of the police authority to whom the duplicate copy of the application |
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form is sent or delivered to make a background check of the applicant to ascertain whether he or |
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she falls under the provisions of section 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If, after the lapse |
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of seven (7) days from twelve o'clock (12:00) noon of the day following application, no |
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disqualifying information has been received from the investigating police authority by the person |
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who is selling the rifle or shotgun, he or she will deliver the firearm applied for to the applicant. |
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Upon the finding of no disqualifying information under the provisions of the above cited sections |
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of this chapter, and in no case later than thirty (30) days after the date of application, the |
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contained in them by a person or agency shall be punishable by a fine of not more than one |
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thousand dollars ($1,000). The provisions of this section shall not apply to bona fide sales at |
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wholesale to duly licensed retail dealers, nor to purchases by retail dealers duly licensed under the |
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provisions of section 11-47-39. (c) The provisions of this section shall not apply to full-time |
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members of the state police, full-time members of city or town police departments, persons |
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licensed under sections 11-47-9 and 11-47-11, or to sales of air rifles or " BB guns" or to sales of |
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antique firearms as defined in section 11-47-2. |
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SECTION 2. This act shall take effect upon passage. |
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LC01327 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO CRIMINAL OFFENSES -- WEAPONS | |
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This act would provide for the destruction of the application records for the purchase of a |
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rifle or shotgun, if an applicant is disqualified under the applicable provisions of the general laws. |
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This act would take effect upon passage. |
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LC01327 | |
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