2021 -- S 0522

========

LC002259

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS -- ACCESS TO PUBLIC RECORDS

     Introduced By: Senators Rogers, de la Cruz, Paolino, Archambault, Ciccone, Lombardo,
and Raptakis

     Date Introduced: March 04, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-47-2, 11-47-9, 11-47-11, 11-47-12, 11-47-18 and 11-47-20 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) "Firearm" includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun," "BB

gun," 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) "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) "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) "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) "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 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.

LC002259 - Page 2 of 21

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

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

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

     (17) "Suitable person" means any person who is not prohibited by state law from possessing

a pistol or revolver. A person may be considered unsuitable if the licensing authority has clear and

convincing evidence that the person is a clear and present danger to him or herself, or to another

person. Any person may be considered unsuitable if the police department or the attorney general

has evidence which supports a good faith belief that they are a member of a criminal street gang as

defined by § 12-19-39(a).

     (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.

     11-47-9. Persons exempt from restrictions.

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

LC002259 - Page 3 of 21

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

LC002259 - Page 4 of 21

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) The attorney general shall have the authority to enter into agreements or otherwise

formally approve reciprocal recognition with other states that require an agreement to be in place

before that state will recognize a Rhode Island attorney general or a city or town police department

concealed handgun permit as valid.

     (d) Rhode Island shall recognize and honor a concealed handgun or concealed weapon

permit or license issued by any other reciprocal state or county, provided:

     (1) The permit or license holder is a non-resident who is twenty-one (21) years of age or

older;

     (2) The reciprocal state and or county provides the means for instantaneous verification of

the validity of all such permits or licenses issued within that state or county, accessible twenty-four

(24) hours a day;

     (3) The permit or license holder has in his or her immediate possession the concealed

handgun or concealed weapon permit or license along with a photo identification issued by a state

or government agency and presents for verification the permit or license and identification upon

demand by a law-enforcement officer;

     (4) The permit or license holder is subject to the same laws and restrictions with respect to

carrying a concealed weapon or concealed firearm as a resident of Rhode Island who is so licensed.

     (e) Rhode Island shall recognize 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 be exempted from the provisions of § 11-47-8 and shall have the right to

carry a concealed firearm everywhere within this state.

     11-47-11. License or permit to carry concealed pistol or revolver.

     (a) The licensing authorities of any city or town shall, upon application of any person

twenty-one (21) years of age or over having a bona fide residence or place of business within the

city or town, or of any person twenty-one (21) years of age or over having a bona fide residence

within the United States and a license or permit to carry a pistol or revolver concealed upon his or

LC002259 - Page 5 of 21

her person issued by the authorities of any other state or subdivision of the United States, issue a

license or permit to the person to carry concealed upon his or her person a pistol or revolver

everywhere within this state for four (4) years from date of issue, if it appears that the applicant has

good reason to fear an injury to his or her person or property or has any other proper any lawful

reason for carrying a pistol or revolver, and that he or she is a suitable person to be so licensed;

subject to the provisions of §§ 11-47-12 and 11-47-15. Self-defense shall be considered a proper

purpose.

     (1) The license or permit shall be in triplicate in form to be prescribed by the attorney

general and shall bear the fingerprint, photograph, name, address, description, and signature of the

licensee and the reason given for desiring a license or permit and in or the permit holder. In no case

shall it contain the serial number of any firearm. The original shall be delivered to the licensee.

     (2) The licensing authority shall retain a copy of the permit for its records and send a second

copy to the attorney general. All permits issued or renewed pursuant to this section shall be recorded

in the Rhode Island criminal history database, or its successor system.

     (3) Any member of the licensing authority, its agents, servants, and employees shall be

immune from suit in any action, civil or criminal, based upon any official act or decision, performed

or made in good faith in issuing a license or permit under this chapter.

     (b) Notwithstanding any other chapter or section of the general laws of the state of Rhode

Island, the licensing authority of any city or town shall not provide or release to any individual,

firm, association or corporation the name, address, or date of birth of any person who has held or

currently holds a license or permit to carry a concealed pistol or revolver. This section shall not be

construed to prohibit the release of any statistical data of a general nature relative to age, gender

and racial or ethnic background nor shall it be construed to prevent the release of information to

parties involved in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal

or civil action which the person is a party to that action.

     (c) The licensing authority shall, within fourteen (14) calendar days, return any incomplete

application to the applicant along with a written explanation, stating with specificity, why the

application is incomplete.

     (d) The licensing authority shall approve or deny a completed application within ninety

(90) calendar days of receiving it.

     (1) Within seven (7) business days after approval, the license shall be made available for

the applicant to pick up in person or, at the request and expense of the applicant be delivered by

mail.

     (2) Any denial shall be in writing and state with specificity the reason(s) and evidence upon

LC002259 - Page 6 of 21

which the licensing authority based its decision on and the rationale for the denial.

     (3) Failure by the licensing authority to approve or deny within the time allowed shall

constitute a denial for the sole purpose of permitting an appeal by the applicant and for no other

purpose, and shall create a presumption that no evidence exists indicating that the applicant is

unsuitable.

     (e) Any permit issued pursuant to this section is eligible to be renewed if it is not expired,

or has been expired for less than six (6) months. Any person whose permit has been expired for six

(6) months or more may apply for a new permit under this section.

     (f) Each licensing authority shall make its application available to any person by:

     (1) Posting it on its website, if it has one;

     (2) Making it immediately available, free of charge, to any person who requests it; and

     (3) Upon request, providing a copy by US mail.

     (g) All applications shall include two (2) forms of identification, such as a driver’s license,

state issued non-driver ID card, concealed carry permit issued by any state or political subdivision

of any state, passport, immigration documentation, military ID, student ID, social security card or

a birth certificate. At least one of these must be a government issued photo ID.

     (1) The licensing authority may only use the applicant’s social security number for the

background check.

     (h) All applications shall include an FBI Fingerprint Card (FD-258), or successor version,

or provide fingerprints by livescan, with the application, except that this shall not be a requirement

for a renewal applicant.

     (i) All applications shall include a copy of the instructor’s credentials for the instructor who

certified their firing score on their application.

     (j) All licensing authorities of a city or town shall use the following application:

     Application for a concealed carry license pursuant to RIGL § 11-47-11

     Name:

     ________________________________________________________________________

     Address:

      ______________________________________________________________________

     (Street and number) (City or town) (State and Zip Code)

     Date of Birth: _________________

     Place of Birth:___________________________________

     Height: _________Weight: ________

     Hair color: ___________ Eye color: _____________

LC002259 - Page 7 of 21

     Are you a citizen of the United

      States?______________________________________________

     If you are not a United States citizen, please list your admission number:

      ____________________

     ARMY L or RI COMBAT COURSE shooting score:

      __________________________________

     Name and certification number of NRA or RI instructor:

      ________________________________

     Signature of instructor:

      __________________________________________________________

     Have you ever been convicted of a crime of violence (Pursuant to § 11-47-2):

      _______________

     Are you a fugitive from justice (Pursuant to § 11-47-2):

      _________________________________

     Have you ever been adjudicated as being addicted to a controlled substance (Pursuant to

     § 11-47-6): __________________________

     Have you ever been adjudicated as being mentally incompetent (Pursuant to § 11-47-6)

     : _______

     Have you been dishonorably discharged from the United States Military?

      __________________

     To your knowledge, are you prohibited by federal or state law from possessing a firearm?

      _____

     For what lawful purpose do you seek to carry a pistol or revolver?

      ________________________

     Applicant's signature:

      ____________________________________________________________

     (See § 11-47-23 for penalty for false information provided on this application)

     AFFIDAVIT: I certify that I have read and am familiar with the provisions of the Firearms

Act, RIGL 11-47, of the State of Rhode Island, and that I am aware of the penalties for

     violation of the provisions of the cited sections.

     Signed

     County of

     State of Rhode Island (or other jurisdiction)

     Subscribed and sworn before me this (month, date, year)

LC002259 - Page 8 of 21

     Notary Public

     (k) No licensing authority shall require any additional forms, standards, information,

waivers or other additional requirements unless specifically requested by, or provided by, the

applicant.

     (l) The licensing authority shall establish and maintain an emergency permit extension on

the renewal application for a license to carry a concealable weapon.

     (1) The emergency permit extension is only available to renewal applicants who, at the

time of the application, have an unexpired four (4) year city or town issued license to carry a

concealable weapon and who must maintain this license for work purposes.

     (2) A complete renewal application must be delivered to the licensing authority prior to the

license expiration date.

     (3) The licensing authority shall, within three (3) business days of receipt of the renewal

application if there is no material change in the renewal application, no material change in need

and no change in applicant’s criminal history, automatically approve and make available the

emergency permit.

     (4) A fee of fifty ($50.00) dollars shall be charged and shall be paid to the licensing

authority for the emergency permit extension upon the issuance of the emergency permit.

     (5) An emergency license to carry a concealable weapon will be valid for ninety (90) days

only.

     (6) Nothing in the emergency permit extension section shall be construed or interpreted to

stay or toll the time periods in the renewal process as outlined in subsection (e) of this section.

     11-47-12. License or permit fee. License to carry weapon fee.

     A fee of forty dollars ($40.00) shall be charged and shall be paid for each license or permit

a license or permit to carry a weapon to the licensing authority issuing it and/or the attorney general

upon issuance. No additional fees or costs of any type shall be charged for any reason, except, that

the actual fee charged by the FBI to process fingerprints may be charged to the applicant. Every

license or permit shall be valid for four (4) years from the date when issued unless sooner revoked

subject only to the emergency provision contained in this chapter. The fee charged for issuing of

the license or permit shall be applied for the use and benefit of the city, town, or state of Rhode

Island the department of the attorney general.

     11-47-18. License or permit issued by attorney general on showing of need -- Issuance

to retired police officers.

     (a) The attorney general may issue a license or permit to any person twenty-one (21) years

of age or over to carry a pistol or revolver, whether concealed or not, upon his or her person

LC002259 - Page 9 of 21

everywhere within this state for four (4) years from date of issue upon a proper showing of need,

or employment and that he or she is a suitable person to be so licensed, subject to the provisions of

§§ 11-47-12 and 11-47-15; that license or permit may be issued notwithstanding the provisions of

§ 11-47-7.

     (1) A license to carry a pistol or revolver may not be issued to and is immediately revoked

for an individual who is in violation of § 11-47-7.

     (b) All state police officers and permanent members of city and town police forces of this

state who have retired in good standing after at least twenty (20) years of service, or retired in good

standing due to a physical disability other than a psychological impairment, may shall be issued a

license or permit by the attorney general subject to the provisions of §§ 11-47-12 and 11-47-15.

The term "in good standing" means that at the time of retirement, the police officer was not facing

disciplinary action that could have resulted in his or her termination for misconduct or unfitness for

office. Any member of the licensing authority, and its agents, servants, and employees shall be

immune from suit in any action, civil or criminal, based upon any official act or decision, performed

or made in good faith in issuing a license or permit under this chapter.

     (c) Notwithstanding any other chapter or section of the general laws of the state of Rhode

Island, the attorney general shall not provide or release to any individual, firm, association or

corporation the name, address, or date of birth of any person who has held or currently holds a

license or permit to carry a concealed pistol or revolver. This section shall not be construed to

prohibit the release of any statistical data of a general nature relative to age, gender and racial or

ethnic background nor shall it be construed to prevent the release of information to parties involved

in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal or civil action

which said person is a party to such action.

     (d) Any permit issued pursuant to this section is eligible to be renewed if it is not expired,

or has been expired for less than six (6) months. Any person whose permit has been expired for six

(6) months or more may apply for a new permit under this section.

     (e) The attorney general’s application for a license to carry a pistol or revolver shall be

filled out completely by the applicant, dated and signed by the applicant and notarized.

     (f) The attorney general may request only the following information on the application:

     (1) Applicant’s full name, prior name if legally changed, all nicknames and aliases, full

residence address and mailing address if different (no post office boxes accepted);

     (2) All applicant’s available phone numbers, including, but not limited to, business,

cellular, mobile and land line phone numbers;

     (3) The applicant’s height, weight, color of eyes and hair, date and place of birth, full Social

LC002259 - Page 10 of 21

Security number;

     (4) Applicant’s occupation, job description, years of employment and employer’s full

address and contact information, except that this information may only be required if the permit is

being requested as a condition of employment with a specific company;

     (5) Applicant’s proof of citizenship, length of citizenship and if applicant is not a citizen

of the United States, a copy of both sides of a current and valid alien registration card or work

authorization card;

     (6) A listing of all of the applicant’s full addresses for the last three (3) years, including

the dates of residence;

     (7) Information relating to the applicant’s arrest record including, but not limited to, the

date the applicant was arrested, the name of the city/town or arresting agency, the state the arrest

occurred in, the arresting charge and disposition;

     (8) Information relating to the applicants plea of nolo contendere to any charge or violation

including, but not limited to, the date the applicant was arrested, the name of the city/town or

arresting agency, the state the plea occurred in, the arresting charge and disposition;

     (9) Information relating to the applicant’s conviction record including, but not limited to,

the date the applicant was arrested, the name of the city/town or arresting agency, the state the arrest

occurred in, the arresting charge and disposition;

     (10) Information relating to the applicants indictment in any court for a crime punishable

for more than one year, including, but not limited to, the name of the city/town or indicting agency,

the state of the indictment, the indicting charge and disposition;

     (11) Information relating to the applicant if he or she was ever under a guardianship or has

been subject to confinement by virtue of being a mental incompetent, or who has been adjudicated

or is under treatment or confinement as a drug addict, including, but not limited to, the dates thereof;

and

     (12) Information relating to the applicant’s current and prior applications for a permit to

carry a pistol or revolver from the attorney general, any local city or town, or any other state,

including, but not limited to, if any permit is active, denied or revoked, with the dates and reasons

thereof. The attorney general may require notarized photocopies of the front and back of all valid

permits.

     (g) The attorney general may require only the following with the application:

     (1) A dated, signed and notarized typed statement from the applicant outlining the

applicant’s specific reasons and details regarding his or her need for a Rhode Island permit. If the

permit is to be used for employment, a typed and signed letter of explanation must be submitted on

LC002259 - Page 11 of 21

the employer's letterhead and included with the application. In addition, the applicant must submit

a copy of the business license or other evidence that the business exists.

     (2) Enclose two (2) 1” X 1” photographs of the applicant taken without headgear or glasses.

This photograph must be a clear, colored picture of the head and face. The applicant must print his

or her name on the back of each picture. No laminated photos will be accepted.

     (3) Copies of both the front and the back of two (2) types of positive identification for the

applicant, examples include, but are not limited to: birth certificate, United States Passport, a Rhode

Island or other state driver’s license or a Rhode Island identification card, concealed carry permit

issued by any state or political subdivision of any state, military ID, student ID or social security

card. At least one of these must be a government issued photo ID. The photocopies submitted must

be signed and dated by a notary public attesting to the photocopies as being true copies.

     (4) The application must include the applicant’s full set of fingerprints submitted on a FBI

FINGERPRINT APPLICANT CARD {FD-258 (Rev. 12-29-82 or successor version)} included

with the application. Fingerprint card must be signed by applicant. This requirement is not

necessary for a renewal application

     (5) Three (3) dated, signed and notarized typed reference letters from individuals who

personally know the applicant. The individuals used as references must include on the letters the

following information: their full names, residence address, phone number with area code and the

years they have known the applicant. An applicant’s reference letter dated more than one hundred

and twenty (120) days prior to the date of the permit application will be considered invalid.

Reference letters must be written by the reference, not the applicant, and cannot be identical. This

requirement is not necessary for a renewal application.

     (6) A certification that the applicant has qualified in accordance with § 11-47-15. (Law

enforcement personnel may submit a certification of the Rhode Island combat course). A N.R.A.

instructor or a police range officer must sign and complete the certification which shall include the

date of the qualification, the printed name, phone number of the instructor, instructor’s N.R.A.

number, the caliber of the weapon and the applicant’s score. An applicant’s qualification

certification dated more than one year prior to the date of the permit application will be considered

invalid.

     (7) A copy of the N.R.A. instructor certification or the police officer’s range certification

must be submitted with the application.

     (8) The applicant’s legal residence may be required. The residency requirement may be

satisfied by any one of the following methods: the application may be signed by the applicant’s

local licensing authority, the application may be signed by the city or town chief of police, the

LC002259 - Page 12 of 21

application may be signed by the city or town clerk or the applicant may submit a certified or

notarized copy the applicant’s voter registration card.

     (9) The applicant shall sign an affidavit certifying that he or she has read and is familiar

with all the provisions of chapter 47 of title 11, relating to weapons and acknowledges the penalties

for violations of the provisions of the cited sections. He or she shall further attest that any alteration

of the permit is just cause for revocation. The affidavit shall be dated and notarized and shall

indicate the date it was submitted to the licensing authority or the police department.

     (10) All non-resident applicants must include a copy of both the front and the back of their

home state permit, if they have one.

     (h) The licensing authority may only use the applicant’s social security number for the

background check.

     (i) The attorney general shall, within ninety (90) days for an in-state applicant or one

hundred and twenty (120) days for an out-of-state applicant from the receipt of a complete

application either approve or deny the application.

     (1) If the application is approved, the attorney general may require the applicant to be

present in the offices of the attorney general to sign and submit a fingerprint for the permit.

     (2) If the attorney general denies the application, the applicant shall be notified, either by

mail or by phone, that the entire application is available for pick-up by the applicant. Any denial

shall be in writing and state with specificity the reason(s) and evidence upon which the denial was

based and the rationale for the denial.

     (3) If the attorney general deems the application incomplete, then the applicant shall be

notified, either by mail or by phone, within five (5) business days from submitting the application,

that the entire application is available for pick-up by the applicant along with a written response

stating the reason(s) why the application was deemed incomplete.

     (j) The provisions of §§ 11-47-35 and 11-47-35.2 shall not apply to persons licensed under

§11-47-18.

     (k) The attorney general’s renewal application for a license to carry a pistol or revolver

shall be as follows:

     (1) The applicant must submit a fully complete, signed, dated and notarized renewal

application to the attorney general prior to the expiration date of the permit.

     (2) The renewal application shall include only the information included in subsection (f)

(1) of this section and shall only contain the requirements included in subsection (f)(2) of this

section, with the following exceptions:

     (i) The three (3) dated, signed and notarized typed reference letters from individuals who

LC002259 - Page 13 of 21

personally know the applicant are not required upon renewal.

     (ii) The fingerprint card requirement is not required for renewal.

     (3) The attorney general shall, within sixty (60) days of receipt of the renewal application,

if there is no material change in the applicant’s renewal application, no material change in need and

no change in the applicant’s criminal history, automatically approve the renewal application.

     (l) The attorney general shall establish and maintain an emergency permit extension on the

renewal application for a license to carry a pistol or revolver.

     (1) The emergency permit extension is only available to renewal applicants who, at the

time of the application, have an unexpired four (4) year attorney general license to carry a pistol or

revolver and who must maintain this license for work purposes.

     (2) A complete renewal application must be delivered to the department of the attorney

general prior to the license expiration date.

     (3) The attorney general shall, within three (3) business days of receipt of the renewal

application, if there is no material change in the applicant’s renewal application, no material change

in need and no change in applicant’s criminal history, automatically approve and make available

the emergency permit.

     (4) A fee of fifty dollars ($50.00) shall be charged and shall be paid to the attorney general

for the emergency permit extension upon the issuance of the emergency permit.

     (5) An emergency license to carry a pistol or revolver will be valid for ninety (90) days

only.

     (6) Nothing in the emergency permit extension section shall be construed or interpreted to

stay or toll the time periods in the renewal process as outlined in § 11-47-11(e).

     11-47-20. Sale or possession of silencers. Sale and possession of silencers.

     (a) It shall be unlawful within this state to manufacture, sell, purchase, or possess or use a

firearm, with an overall length of less than seventeen inches (17") that has attached any muffler,

silencer, or device for deadening or muffling the sound of a the firearm when discharged.

     (b) Violations of this section shall be punished by imprisonment for not less than one year

and one day.

     SECTION 2. Section 38-2-2 of the General Laws in Chapter 38-2 entitled "Access to Public

Records" is hereby amended to read as follows:

     38-2-2. Definitions.

     As used in this chapter:

     (1) "Agency" or "public body" means any executive, legislative, judicial, regulatory, or

administrative body of the state, or any political subdivision thereof; including, but not limited to:

LC002259 - Page 14 of 21

any department, division, agency, commission, board, office, bureau, authority; any school, fire, or

water district, or other agency of Rhode Island state or local government that exercises

governmental functions; any authority as defined in § 42-35-1(b); or any other public or private

agency, person, partnership, corporation, or business entity acting on behalf of and/or in place of

any public agency.

     (2) "Chief administrative officer" means the highest authority of the public body.

     (3) "Public business" means any matter over which the public body has supervision,

control, jurisdiction, or advisory power.

     (4) "Public record" or "public records" shall mean means all documents, papers, letters,

maps, books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data

processing records, computer stored data (including electronic mail messages, except specifically

for any electronic mail messages of or to elected officials with or relating to those they represent

and correspondence of or to elected officials in their official capacities), or other material regardless

of physical form or characteristics made or received pursuant to law or ordinance or in connection

with the transaction of official business by any agency. For the purposes of this chapter, the

following records shall not be deemed public:

     (A)(I)(a) All records relating to a client/attorney relationship and to a doctor/patient

relationship, including all medical information relating to an individual in any files.

     (b) Personnel and other personal individually identifiable records otherwise deemed

confidential by federal or state law or regulation, or the disclosure of which would constitute a

clearly unwarranted invasion of personal privacy pursuant to 5 U.S.C. § 552 et seq.; provided,

however, with respect to employees, and employees of contractors and subcontractors working on

public works projects that are required to be listed as certified payrolls, the name, gross salary,

salary range, total cost of paid fringe benefits, gross amount received in overtime, and any other

remuneration in addition to salary, job title, job description, dates of employment and positions

held with the state, municipality, or public works contractor or subcontractor on public works

projects, employment contract, work location, and/or project, business telephone number, the city

or town of residence, and date of termination shall be public. For the purposes of this section

"remuneration" shall include any payments received by an employee as a result of termination, or

otherwise leaving employment, including, but not limited to, payments for accrued sick and/or

vacation time, severance pay, or compensation paid pursuant to a contract buy-out provision.

     (II) Notwithstanding the provisions of this section, or any other provision of the general

laws to the contrary, the pension records of all persons who are either current or retired members

of any public retirement systems, as well as all persons who become members of those retirement

LC002259 - Page 15 of 21

systems after June 17, 1991, shall be open for public inspection. "Pension records" as used in this

section, shall include all records containing information concerning pension and retirement benefits

of current and retired members of the retirement systems and future members of said systems,

including all records concerning retirement credits purchased and the ability of any member of the

retirement system to purchase retirement credits, but excluding all information regarding the

medical condition of any person and all information identifying the member's designated

beneficiary or beneficiaries unless and until the member's designated beneficiary or beneficiaries

have received or are receiving pension and/or retirement benefits through the retirement system.

     (B) Trade secrets and commercial or financial information obtained from a person, firm,

or corporation that is of a privileged or confidential nature.

     (C) Child custody and adoption records, records of illegitimate births, and records of

juvenile proceedings before the family court.

     (D) All records maintained by law enforcement agencies for criminal law enforcement and

all records relating to the detection and investigation of crime, including those maintained on any

individual or compiled in the course of a criminal investigation by any law enforcement agency.

Provided, however, such records shall not be deemed public only to the extent that the disclosure

of the records or information (a) Could reasonably be expected to interfere with investigations of

criminal activity or with enforcement proceedings; (b) Would deprive a person of a right to a fair

trial or an impartial adjudication; (c) Could reasonably be expected to constitute an unwarranted

invasion of personal privacy; (d) Could reasonably be expected to disclose the identity of a

confidential source, including a state, local, or foreign agency or authority, or any private institution

that furnished information on a confidential basis, or the information furnished by a confidential

source; (e) Would disclose techniques and procedures for law enforcement investigations or

prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions; or

(f) Could reasonably be expected to endanger the life or physical safety of any individual. Records

relating to management and direction of a law enforcement agency and records or reports reflecting

the initial arrest of an adult and the charge or charges brought against an adult shall be public.

     (E) Any records that would not be available by law or rule of court to an opposing party in

litigation.

     (F) Scientific and technological secrets and the security plans of military and law

enforcement agencies, the disclosure of which would endanger the public welfare and security.

     (G) Any records that disclose the identity of the contributor of a bona fide and lawful

charitable contribution to the public body whenever public anonymity has been requested of the

public body with respect to the contribution by the contributor.

LC002259 - Page 16 of 21

     (H) Reports and statements of strategy or negotiation involving labor negotiations or

collective bargaining.

     (I) Reports and statements of strategy or negotiation with respect to the investment or

borrowing of public funds, until such time as those transactions are entered into.

     (J) Any minutes of a meeting of a public body that are not required to be disclosed pursuant

to chapter 46 of title 42.

     (K) Preliminary drafts, notes, impressions, memoranda, working papers, and work

products, including those involving research at state institutions of higher education on commercial,

scientific, artistic, technical, or scholarly issues, whether in electronic or other format; provided,

however, any documents submitted at a public meeting of a public body shall be deemed public.

     (L) Test questions, scoring keys, and other examination data used to administer a licensing

examination, examination for employment or promotion, or academic examinations; provided,

however, that a person shall have the right to review the results of his or her examination.

     (M) Correspondence of or to elected officials with or relating to those they represent and

correspondence of or to elected officials in their official capacities.

     (N) The contents of real estate appraisals, engineering, or feasibility estimates and

evaluations made for or by an agency relative to the acquisition of property or to prospective public

supply and construction contracts, until such time as all of the property has been acquired or all

proceedings or transactions have been terminated or abandoned; provided the law of eminent

domain shall not be affected by this provision.

     (O) All tax returns.

     (P) All investigatory records of public bodies, with the exception of law enforcement

agencies, pertaining to possible violations of statute, rule, or regulation other than records of final

actions taken, provided that all records prior to formal notification of violations or noncompliance

shall not be deemed to be public.

     (Q) Records of individual test scores on professional certification and licensing

examinations; provided, however, that a person shall have the right to review the results of his or

her examination.

     (R) Requests for advisory opinions until such time as the public body issues its opinion.

     (S) Records, reports, opinions, information, and statements required to be kept confidential

by federal law or regulation or state law or rule of court.

     (T) Judicial bodies are included in the definition only in respect to their administrative

function provided that records kept pursuant to the provisions of chapter 16 of title 8 are exempt

from the operation of this chapter.

LC002259 - Page 17 of 21

     (U) Library records that, by themselves or when examined with other public records, would

reveal the identity of the library user requesting, checking out, or using any library materials.

     (V) Printouts from TELE -- TEXT devices used by people who are deaf or hard of hearing

or speech impaired.

     (W) All records received by the insurance division of the department of business regulation

from other states, either directly or through the National Association of Insurance Commissioners,

if those records are accorded confidential treatment in that state. Nothing contained in this title or

any other provision of law shall prevent or be construed as prohibiting the commissioner of

insurance from disclosing otherwise confidential information to the insurance department of this

or any other state or country, at any time, so long as the agency or office receiving the records

agrees in writing to hold it confidential in a manner consistent with the laws of this state.

     (X) Credit card account numbers in the possession of state or local government are

confidential and shall not be deemed public records.

     (Y) Any documentary material, answers to written interrogatories, or oral testimony

provided under any subpoena issued under Rhode Island general law § 9-1.1-6.

     (Z) Any individually identifiable evaluations of public school employees made pursuant to

state or federal law or regulation.

     (AA) All documents prepared by school districts intended to be used by school districts in

protecting the safety of their students from potential and actual threats.

     (BB) All documents, records and proceedings pursuant to the firearms act, appeal section

§ 11-47-64, before a licensing authority, the office of the attorney general and the superior court

are not open to the public.

     SECTION 3. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended

by adding thereto the following section:

     11-47-64. Review and appeal of the decision of the licensing authority or attorney

general.

     (a) A decision denying a firearms permit pursuant to either §§ 11-47-11 or 11-47-18 shall

be final unless further review and/or appeal is initiated in writing within fifteen (15) days after the

decision has been mailed to the applicant at the address listed on the application.

     (b) An aggrieved individual may submit a written request to reconsider the denial to the

licensing authority or the office of the attorney general. Said request must be submitted within

fifteen (15) days after the decision has been mailed to the address provided by the applicant.

     (1) The licensing authority or the office of the attorney general shall schedule and conduct

an in-person meeting within thirty (30) days of the request to review and discuss the decision. Said

LC002259 - Page 18 of 21

meeting shall only be scheduled or rescheduled beyond the initial thirty (30) day period by

agreement of the parties and/or for good cause, but in no event exceed sixty (60) days.

     (2) The applicant may submit any supplemental documentation or written evidence relative

to the application, which shall become part of the application.

     (3) The meeting shall be conducted as an informal meeting, not as an administrative

hearing. The licensing authority or the office of the attorney general shall receive and consider

documents and other evidence without regard to statutory and common law rules. No stenographic

record, transcription, video, audio or other recording is allowed.

     (4) The applicant may be represented at this meeting by an attorney.

     (5) The licensing authority or the department of the attorney general shall within fourteen

(14) days after the meeting mail a decision to the applicant granting or denying the application.

Any denial shall be in writing and state with specificity the reason(s) and evidence upon which the

denial was based and the rationale for the denial.

     (c) An aggrieved individual may submit an appeal of the decision denying a firearms permit

pursuant to the decision of the request to reconsider to the superior court of the state of Rhode

Island for the county in which the licensing authority or attorney general is located, in the form of

a miscellaneous petition, within fifteen (15) days after the decision has been mailed to the applicant

at the address listed on the application.

     (1) The petition for review shall state the grounds upon which review is sought but need

not be verified.

     (2) Upon appeal, the petitioner is entitled to a trial de novo before a justice of the superior

court without a jury.

     (3) Within thirty (30) days of the notice of appeal the licensing authority or attorney general

shall provide a full, complete and certified copy of the application and all submitted documents to

both the petitioner and the superior court.

     (d) Pursuant to chapter 2 of title 38, the request to reconsider and the appeal to superior

court, shall not be deemed public. All documents, records and proceedings before the licensing

authority, the office of the attorney general and the superior court are not open to the public but

may be accessed by law enforcement personnel to be used for law enforcement purposes only and

shall remain otherwise confidential.

     (e) An applicant may have their hearing open to the public upon written request to the

superior court.

     (f) The superior court shall award reasonable attorneys' fees, costs and filing fees to the

prevailing applicant if the court finds that there is no justiciable issue of either law of fact or to the

LC002259 - Page 19 of 21

prevailing applicant if the licensing authority or the department of the attorney general did not have

a good faith basis in the denial of the license or permit.

     SECTION 4. Chapter 20-13 of the General Laws entitled "Hunting and Hunting Safety" is

hereby amended by adding thereto the following section:

     20-13-18. Hunting with suppressor.

     (a) An individual in lawful possession of a device that will silence, suppress, or muffle the

sound or natural report of a rifle or shotgun when the rifle or shotgun is discharged may, at his or

her sole discretion, use such device to hunt any game for which the individual is licensed, provided

the host rifle or shotgun to which the device is attached is allowed.

     (b) No city, town, committee, board or state or local agency may enact rules, regulations

or ordinances requiring or in any other manner mandating the use of a device that will silence,

suppress, or muffle the sound or natural report of a rifle or shotgun.

     SECTION 5. This act shall take effect upon passage.

========

LC002259

========

LC002259 - Page 20 of 21

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS -- ACCESS TO PUBLIC RECORDS

***

     This act would, for firearms purposes, define a suitable person for purposes of authorization

to lawfully possess a pistol or revolver; would set forth conditions where Rhode Island may

recognize a concealed weapon permit or license issued by a reciprocal state; would create an

application form that must be completed and submitted by an individual seeking a weapon or permit

license; would establish a time frame within which an application must be approved or denied;

would detail the process of review or appeal for individuals whose application has been denied;

and would set forth a process for an emergency permit extension to an existing permit.

     This act would take effect upon passage.

========

LC002259

========

LC002259 - Page 21 of 21