2021 -- H 5730

========

LC001881

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS

     Introduced By: Representatives Cardillo, Noret, Baginski, Corvese, Perez, Chippendale,
Solomon, C Lima, and Craven

     Date Introduced: February 24, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-47-9 of the General Laws in Chapter 11-47 entitled "Weapons" is

hereby amended to read as follows:

     11-47-9. Persons exempt from restrictions.

     (a) The provisions of § 11-47-8 shall not apply to sheriffs; deputy sheriffs; the

superintendent and members of the state police; members of the Rhode Island airport police

department; members of the Rhode Island state marshals; Rhode Island state fire marshal; chief

deputy state fire marshals; deputy state fire marshals assigned to the bomb squad, and those

assigned to the investigation unit; Providence fire department arson investigators, provided that the

investigator receiving the permit is a graduate of a police-training academy; correctional officers,

within the department of corrections; members of the city or town police force; capitol police

investigators of the department of attorney general appointed pursuant to § 42-9-8.1; the witness

protection coordinator for the witness protection review board as set forth in chapter 30 of title 12

and subject to the minimum qualifications of § 42-9-8.1; automobile theft investigators of the

Rhode Island state police pursuant to § 31-50-1; railroad police while traveling to and from official

assignments or while on assignments; conservation officers; or other duly appointed law

enforcement officers; nor to members of the Army, Navy, Air Force, and Marine Corps of the

United States, the National Guard, or organized reserves, when on duty; nor to members of

organizations by law authorized to purchase or receive firearms from the United States or this state,

provided these members are at, or going to or from, their places of assembly or target practice; nor

to officers or employees of the United States authorized by law to carry a concealed firearm; nor to

any civilian guard or criminal investigator carrying sidearms or a concealed firearm in the

performance of his or her official duties under the authority of the commanding officer of the

military establishment in the state of Rhode Island where he or she is employed by the United

States; nor to any civilian guard carrying sidearms or a concealed firearm in the performance of his

or her official duties under the authority of the adjutant general where he or she is employed

guarding a national guard facility, provided, that the commanding officer of the military

establishment shall have on file with the attorney general of this state a list of the names and

addresses of all civilian guards and criminal investigators so authorized; nor to duly authorized

military organizations when on duty; nor to members when at, or going to or from, their customary

places of assembly; nor to any individual employed in the capacity of warden, associate warden,

major, captain, lieutenant, sergeant, correctional officer or investigator at any project owned or

operated by a municipal detention facility corporation, including the Donald W. Wyatt Detention

Facility; nor to the regular and/or ordinary transportation of pistols or revolvers as merchandise;

nor to any person while transporting a pistol, or revolvers, unloaded from the place of purchase to

their residence; or place of business, from their residence to their place of business or from their

place of business to their residence, or to a federal firearms licensee for the purpose of sale, to or

from a bona fide gunsmith, or firearms repair facility, to any police station or other location

designated as a site of a bona fide "gun buy-back" program, but only if said pistol or revolver is

unloaded and any ammunition for said pistol or revolver is not readily or directly accessible from

the passenger compartment of such vehicle while transporting same and further provided, that in

the case of a vehicle without a compartment separate from the passenger compartment, the firearm

or the ammunition shall be stored in a locked container.

     (b) Persons exempted by the provisions of this section from the provisions of § 11-47-8

shall have the right to carry concealed firearms everywhere within this state; provided, that this

shall not be construed as giving the right to carry concealed firearms to a person transporting

firearms as merchandise or as household or business goods.

     (c) Except as provided in subsection (d) of this section, the attorney general shall have the

authority to enter into an agreement or to otherwise formally approve the reciprocal recognition of

concealed handgun permits issued in the state of Massachusetts and/or the state of Connecticut on

the same terms and conditions as Rhode Island concealed handgun permits are recognized and

honored in the state of Massachusetts and/or Connecticut.

     (d) Any agreement or formal approval by the attorney general pursuant to the provisions

of subsection (c) of this section shall include, but not be limited to, the following conditions:

LC001881 - Page 2 of 4

     (1) The Massachusetts or Connecticut permit or license holder must be a nonresident of

Rhode Island who is twenty-one (21) years of age or older;

     (2) Massachusetts and/or Connecticut shall provide upon request by state or local law

enforcement or authorities for instantaneous verification of the validity of all handgun permits or

licenses issued within their state. The verification to be accessible twenty-four (24) hours per day;

     (3) The Massachusetts or Connecticut permit or license holder must have in their

immediate possession the concealed handgun or weapon permit or license along with a photo

identification issued by a state or government agency, and present for verification the permit or

license and identification upon demand by a law enforcement officer; and

     (4) The Massachusetts or Connecticut permit or license holder shall be subject to the same

laws and restrictions with respect to carrying a concealed weapon or firearm as a resident of Rhode

Island who is so licensed.

     (e) The provisions of § 11-47-8 shall not apply to nonresident law enforcement personnel

in possession of an official government-issued law enforcement identification card issued to an

active duty law enforcement officer from any other state or county. These individuals shall have

the right to carry a concealed firearm everywhere within the state.

     SECTION 2. This act shall take effect upon passage.

========

LC001881

========

LC001881 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS

***

     This act would authorize the attorney general to enter into a reciprocal agreement with

Massachusetts and/or Connecticut to honor each other's issued concealed handgun permits. This

act would also exempt active law enforcement officers from other states from the prohibition to

carry concealed handguns without a permit.

     This act would take effect upon passage.

========

LC001881

========

LC001881 - Page 4 of 4