2021 -- S 0419

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LC001984

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS

     Introduced By: Senators Goodwin, McCaffrey, and Coyne

     Date Introduced: February 25, 2021

     Referred To: Senate Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-47-2 and 11-47-42 of the General Laws in Chapter 11-47 entitled

"Weapons" are hereby amended to read as follows:

     11-47-2. Definitions.

     When used in this chapter, the following words and phrases are construed as follows:

     (1) "3D printing process" means 3D printing or additive manufacturing which is a process

of making three (3) dimensional solid objects from a computer file and shall include any of various

processes in which material is joined or solidified under computer control to create a three (3)

dimensional object, with material being added together including liquid molecules, or powder

grains.

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

§ 921.

     (3) "Binary trigger" means a device that replaces a standard trigger on a semi-automatic

weapon and is designed to fire one round on the pull of the trigger and another round upon release

of the trigger.

     (4) "Bump-fire stock" means any device that replaces a semi-automatic weapon's standard

stock and is designed to slide back and forth rapidly, harnessing the weapon's recoil to rapidly fire

the weapon.

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

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

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

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

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

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

28-4.01.1 or § 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a

dangerous weapon, assault or battery involving grave bodily injury, or assault with intent to commit

any offense punishable as a felony; upon any conviction of an offense punishable as a felony

offense under § 12-29-5.

     (6) "Electric arm" means a handheld device that transmits an electric charge from the

device to a person, including a stun gun or a taser.

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

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

that may readily be converted to expel a projectile, except crossbows, recurve, compound, or

longbows, and except instruments propelling projectiles that are designed or normally used for a

primary purpose other than as a weapon. The frame or receiver of the weapon shall be construed

as a firearm under the provisions of this section.

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

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

or to avoid giving testimony in any criminal proceeding.

     (8)(9) "Ghost gun" means a firearm, including a frame or receiver, that lacks a unique serial

number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer,

maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. It does

not include a firearm that has been rendered permanently inoperable, or a firearm that is not

required to have a serial number in accordance with the federal Gun Control Act of 1968.

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

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

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

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

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

by the city or town charter or by state law.

     (10)(11) "Machine gun" means any weapon that shoots, is designed to shoot, or can be

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

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

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

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

or under the control of a person.

     (11)(12) "Major component" means, with respect to a firearm:

     (i) The slide or cylinder or the frame or receiver of the firearm; and

     (ii) In the case of a rifle or shotgun, includes the barrel of the firearm.

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

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

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

designed for the use of blank cartridges only.

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

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

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

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

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

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

     (17)(18) "Trigger crank" means a trigger actuator that attaches to the trigger of a semi-

automatic weapon and causes the weapon to fire by turning the crank handle.

     (18)(19) "Undetectable firearm" means any firearm that:

     (i) After removal of all parts, other than a major component, is not as detectable by walk-

through metal detectors commonly used at airports or other public buildings; or

     (ii) Any major component of which, if subjected to inspection by the types of detection

devices commonly used at airports or other public buildings for security screening, would not

generate an image that accurately depicts the shape of the component; or

     (iii) Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or

     (iv) Upon which the frame or receiver lacks a unique serial number engraved or cased into

on the frame or receiver by a licensed manufacturer, maker, or importer under federal law, or

markings in accordance with 27 C.F.R. § 479.102. Provided, however, this subsection shall not

apply to any firearm rendered permanently inoperable or a firearm manufactured prior to 1968.

     11-47-42. Weapons other than firearms prohibited.

     (a)(1) No person shall carry or possess or attempt to use against another any instrument or

weapon of the kind commonly known as a blackjack, slingshot, billy, sandclub, sandbag, metal

knuckles, slap glove, bludgeon, stun-gun, or the so called "Kung-Fu" weapons.

     (2) No person shall with intent to use unlawfully against another, carry or possess a

crossbow, dagger, dirk, stiletto, sword-in-cane, bowie knife, or other similar weapon designed to

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cut and stab another.

     (3) No person shall wear or carry concealed upon his person, any of the above-mentioned

instruments or weapons, or any razor, or knife of any description having a blade of more than three

(3) inches in length measuring from the end of the handle where the blade is attached to the end of

the blade, or other weapon of like kind or description.

     Any person violating the provisions of these subsections shall be punished by a fine of not

more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both,

and the weapon so found shall be confiscated.

     Any person violating the provisions of these subsections while he or she is incarcerated

within the confines of the adult correctional institutions shall be punished by a fine of not less than

one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment

for not less than one year nor more than five (5) years, or both, and the weapon so found shall be

confiscated.

     (b) No person shall sell to a person under eighteen (18) years of age, without the written

authorization of the minor's parent or legal guardian, any stink bomb, blackjack, slingshot, bill,

sandclub, sandbag, metal knuckles, slap glove, bludgeon, stungun, paint ball gun, so called "kung-

fu" weapons, dagger, dirk, stiletto, sword-in-cane, bowie knife, razor, or knife of any description

having a blade of more than three inches (3") in length as described in subsection (a) of this section,

or any multi-pronged star with sharpened edges designed to be used as a weapon and commonly

known as a Chinese throwing star, except that an individual who is actually engaged in the

instruction of martial arts and licensed under § 5-43-1 may carry and possess any multi-pronged

star with sharpened edges for the sole purpose of instructional use. Any person violating the

provisions of this subsection shall be punished by a fine of not less than one thousand dollars

($1,000) nor more than three thousand dollars ($3,000), or by imprisonment for not less than one

year nor more than five (5) years, or both, and the weapons so found shall be confiscated.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS

***

     This act would define "electric arm" as a handheld device that transmits an electric charge

from the device to a person, including a stungun or a taser, subject to the various protections of

firearms and remove stun gun from the list of prohibited weapons.

     This act would take effect upon passage.

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LC001984

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