2023 -- S 0134 | |
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LC000139 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2023 | |
____________ | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- WEAPONS | |
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Introduced By: Senators LaMountain, Quezada, McKenney, Euer, Burke, and Tikoian | |
Date Introduced: February 01, 2023 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 11-47-11 and 11-47-18 of the General Laws in Chapter 11-47 |
2 | entitled "Weapons" are hereby amended to read as follows: |
3 | 11-47-11. License or permit to carry concealed pistol or revolver. |
4 | (a) The licensing authorities of any city or town shall, upon application of any person |
5 | twenty-one (21) years of age or over having a bona fide residence or place of business within the |
6 | city or town, or of any person twenty-one (21) years of age or over having a bona fide residence |
7 | within the United States and a license or permit to carry a pistol or revolver concealed upon his or |
8 | her person issued by the authorities of any other state or subdivision of the United States, issue a |
9 | license or permit to the person to carry concealed upon his or her person a pistol or revolver |
10 | everywhere within this state for four (4) years from date of issue, if it appears that the applicant has |
11 | good reason to fear an injury to his or her person or property or has any other proper reason for |
12 | carrying a pistol or revolver, and that he or she is a suitable person to be so licensed. The license |
13 | or permit shall be in triplicate in form to be prescribed by the attorney general and shall bear the |
14 | fingerprint, photograph, name, address, description, and signature of the licensee and the reason |
15 | given for desiring a license or permit and in no case shall it contain the serial number of any firearm. |
16 | The original shall be delivered to the licensee. Any member of the licensing authority, its agents, |
17 | servants, and employees shall be immune from suit in any action, civil or criminal, based upon any |
18 | official act or decision, performed or made in good faith in issuing a license or permit under this |
19 | chapter. |
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1 | (b) Notwithstanding any other chapter or section of the general laws of the state of Rhode |
2 | Island, the licensing authority of any city or town shall not provide or release to any individual, |
3 | firm, association or corporation the name, address, or date of birth of any person who has held or |
4 | currently holds a license or permit to carry a concealed pistol or revolver. This section shall not be |
5 | construed to prohibit the release of any statistical data of a general nature relative to age, gender |
6 | and racial or ethnic background nor shall it be construed to prevent the release of information to |
7 | parties involved in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal |
8 | or civil action which the person is a party to that action. |
9 | 11-47-18. License or permit issued by attorney general on showing of need — Issuance |
10 | to retired police officers. |
11 | (a) The attorney general may issue a license or permit to any person twenty-one (21) years |
12 | of age or over to carry a pistol or revolver, whether concealed or not, upon his or her person upon |
13 | a proper showing of need, subject to the provisions of §§ 11-47-12 and 11-47-15; that license or |
14 | permit may be issued notwithstanding the provisions of § 11-47-7. Any person who resides in |
15 | another state, whether the person has a license or permit to carry a pistol or revolver issued by that, |
16 | or any other state, shall be subject to all requirements in this section. |
17 | (b) All state police officers and permanent members of city and town police forces of this |
18 | state who have retired in good standing after at least twenty (20) years of service, or retired in good |
19 | standing due to a physical disability other than a psychological impairment, may be issued a license |
20 | or permit by the attorney general subject to the provisions of §§ 11-47-12 and 11-47-15. If any such |
21 | retired police officer resides outside the State of Rhode Island, the person shall be subject to the |
22 | requirements of subsection (a) of this section. The term “in good standing” means that at the time |
23 | of retirement, the police officer was not facing disciplinary action that could have resulted in his or |
24 | her termination for misconduct or unfitness for office. Any member of the licensing authority, and |
25 | its agents, servants, and employees shall be immune from suit in any action, civil or criminal, based |
26 | upon any official act or decision, performed or made in good faith in issuing a license or permit |
27 | under this chapter. |
28 | (c) Notwithstanding any other chapter or section of the general laws of the state of Rhode |
29 | Island, the attorney general shall not provide or release to any individual, firm, association or |
30 | corporation the name, address, or date of birth of any person who has held or currently holds a |
31 | license or permit to carry a concealed pistol or revolver. This section shall not be construed to |
32 | prohibit the release of any statistical data of a general nature relative to age, gender and racial or |
33 | ethnic background nor shall it be construed to prevent the release of information to parties involved |
34 | in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal or civil action |
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1 | which said person is a party to such action. |
2 | 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 | |
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1 | This act would prohibit any city or town from issuing a license or permit to carry a |
2 | concealed weapon to any individual on the basis that person has a license or permit from another |
3 | state. Cities and towns would be restricted to issuing licenses or permits to those individuals who |
4 | reside or who have a business within that city or town. This act would also require that any out-of- |
5 | state applicant meet all the requirements of § 11-47-18 before being issued a license or permit to |
6 | carry a concealed weapon. |
7 | This act would take effect upon passage. |
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