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2013 -- H 5687 | |
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LC01325 | |
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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 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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11-47-35. Sale of concealable weapons -- Safety courses and tests -- Review board -- |
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Issuance of permits to certain government officers. -- (a) (1) No person shall deliver a pistol |
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or revolver to a purchaser until seven (7) days shall have elapsed from twelve o'clock (12:00) |
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noon of the day following the day of application for the purchase, and when delivered, the pistol |
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or revolver shall be unloaded and securely wrapped, with the bill of sale to be enclosed within the |
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wrapper with the pistol or revolver. Any citizen of the United States and/or lawful resident of this |
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state who is twenty-one (21) years of age or older, and any nonresident member of the armed |
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forces of the United States who is stationed in this state and who is twenty-one (21) years of age |
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or older, may upon application purchase or acquire a pistol or revolver. At the time of applying |
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for the purchase of a concealable firearm, the purchaser shall: (i) complete and sign in triplicate |
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and deliver to the person selling the pistol or revolver the application form described in this |
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section, and in no case shall it contain the serial number of the pistol or revolver; and (ii) shall |
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present to the person selling the pistol or revolver a pistol/revolver safety certificate issued by the |
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department of environmental management. The certificate shall be retained in the possession of |
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the buyer. The pistol/revolver safety certificate shall certify that the purchaser has completed a |
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basic pistol/revolver safety course as shall be administered by the department of environmental |
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management. |
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(Face of application form) |
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Application to Purchase Pistol or Revolver |
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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 ............ |
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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) |
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Have you ever been adjudicated or under confinement as addicted to a controlled |
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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 pistol or revolver 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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11-47-55, 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. I further |
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certify that I have completed the required basic pistol/revolver safety course. |
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Signed ............ |
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(over) |
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County of ............ |
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State of Rhode Island |
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Subscribed and sworn before me this.... day of.... A.D. 20.. |
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Notary Public ............ |
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(2) The person selling the pistol or revolver shall on the date of application sign and |
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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 person has his or her residence or place of business. The superintendent of |
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the Rhode Island state police or the chief of police in the city or town in which the person has his |
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or 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 the time of receipt and return it by the most expeditious means to the person |
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who is selling the pistol or revolver. The triplicate copy duly signed by the person who is selling |
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the pistol or revolver shall within seven (7) days be sent by him or her by registered mail to the |
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attorney general. The person who is selling the pistol or revolver shall retain the original copy |
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duly receipted by the police authority to whom sent or delivered for a period of six (6) years with |
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other records of the sale. It shall be the duty of the police authority to whom the duplicate copy of |
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the application form is sent or delivered to make a background check of the applicant to ascertain |
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whether he or she falls under the provisions of section 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If, |
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after the lapse of seven (7) days from twelve o'clock (12:00) noon of the day following |
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application, no disqualifying information has been received from the investigating police |
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authority by the person who is selling the pistol or revolver, he or she will deliver the firearm |
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applied for to the applicant. Upon the finding of no disqualifying information under the |
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provisions of the above cited sections of this chapter, and in no case later than thirty (30) days |
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after the date of application, the |
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destroyed. Retention of the |
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any unauthorized use of the information contained in the copies by a person or agency shall be |
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punishable by a fine of not more than one thousand dollars ($1,000). The provisions of this |
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section shall not apply to bona fide sales at wholesale to duly licensed retail dealers, nor to |
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purchases by retail dealers duly licensed under the provisions of section 11-47-39. |
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(b) (1) The department of environmental management shall establish the basic |
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pistol/revolver safety course required by this section. The safety course shall consist of not less |
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than two (2) hours of instruction in the safe use and handling of pistols and revolvers and the |
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course shall be available to buyers continually throughout the year at convenient times and places |
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but at least monthly at locations throughout the state, or more frequently as required. Proficiency |
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in the use of pistols or revolvers shall not be prerequisite to the issuance of the safety certificate. |
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No person shall be required to complete the course more than once; provided, that any person |
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completing the course who is unable to produce the safety certificate issued by the department of |
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environmental management shall be required to take the course again unless the person provides |
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evidence to the department that he or she has successfully completed the course. |
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(2) The administration of the basic pistol/revolver safety course required by this section |
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shall not exceed the cost of thirty-five thousand dollars ($35,000) in any fiscal year. |
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(c) Proof of passage of the department of environmental management's basic hunter |
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safety course will be equivalent to the pistol/revolver safety certificate mandated by this section. |
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(d) Any person who has reason to believe that he or she does not need the required |
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handgun safety course may apply by any written means to the department of environmental |
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management to take an objective test on the subject of matter of the handgun safety course. The |
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test shall be prepared, as well as an instruction manual upon which the test shall be based, by the |
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department. The manual shall be made available by any means to the applicant who may, within |
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the time limits for application, take the objective test at the department or at any location where |
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the handgun safety course is being given. Any person receiving a passing grade on the test shall |
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be issued a pistol/revolver safety certificate by the department. |
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(e) [Deleted by P.L. 2005, ch. 20, section 11 and P.L. 2005, ch. 27, section 11_. |
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(f) The following persons shall be issued basic pistol/revolver permits by the department |
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of environmental management: sheriffs, deputy sheriffs, the superintendent and members of the |
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state police, prison or jail wardens or their deputies, members of the city or town police force, |
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members of the park police, conservation officers, members of the airport police and officers of |
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the United States government authorized by law to carry a concealed firearm and, at the |
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discretion of the department of environmental management, any person who can satisfactorily |
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establish that he or she formerly held one of these offices or were so authorized. |
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(g) Any person who is serving in the Army, Navy, Air Force, Marine Corps or Coast |
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Guard on active duty shall not be required to obtain a basic pistol/revolver safety certificate or |
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basic pistol/revolver permit under this section so long as he or she remains on active duty. |
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(h) Any person who is serving in the active reserve components of the Army, Navy, Air |
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Force, Marine Corps or Coast Guard, or any person in an active duty paid status in the Rhode |
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Island National Guard, shall not be required to obtain a basic pistol/revolver safety certificate |
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under this section so long as he or she remains in active status. |
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SECTION 2. This act shall take effect upon passage. |
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LC01325 | |
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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 would make changes to the records kept in association with applications to carry |
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firearms. |
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This act would take effect upon passage. |
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LC01325 | |
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