2023 -- S 0394

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LC001526

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

     Introduced By: Senators Rogers, de la Cruz, DeLuca, and Paolino

     Date Introduced: February 16, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. The general assembly makes the following findings of fact:

     (1) Firearm silencers are currently regulated under 1934 National Firearms Act (NFA) and

the Gun Control Act of 1968 (GCA).

     (2) As part of the Internal Revenue Code, the NFA taxes all aspects of the manufacture and

distribution of silencers and compels disclosure of the production and distribution system from

manufacturer to buyer. To deal in silencers, an individual is required to be the holder of a federal

firearms license (FFL) under the GCA and a special occupational taxpayer (SOT) under the NFA.

The NFA imposes a two hundred dollar ($200) making tax on unlicensed persons and a two hundred

dollar ($200) transfer tax for transfers to unlicensed persons. ATF places a tax stamp on a transfer

document upon the transfer's approval, and the transferee may not take possession of the silencer

until he or she holds that document. Under the NFA, individuals must undergo a fingerprint-based

criminal history background check, which is arguably more thorough than a name-based check.

There is no deadline for the completion of such checks. It is a felony to receive, possess, or transfer

an unregistered NFA weapon to include silencers. Such offenses are punishable by up to ten (10)

years imprisonment.

     (3) Regulated and legal silencers are rarely used in criminal activity.

     (4) Use of silencers can assist in protecting the hearing of firearm shooters engaged in

lawful sporting and target shooting activities by reducing, but not eliminating gunshot noise.

     (5) Use of silencers benefit neighbors and public near lawful shooting clubs and ranges by

creating a quieter and more peaceful environment.

     (6) Forty-two (42) states currently allow private ownership of silencers.

     SECTION 2. Section 11-47-20 of the General Laws in Chapter 11-47 entitled "Weapons"

is hereby amended to read as follows:

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

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

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

defined by 18 U.S.C. § 921(a)(24) unless the person complies with the provisions of the National

Firearms Act (NFA), 26 U.S.C. § 5849, and the Gun Control Act (GCA) of 1968, as amended 18

U.S.C. chapter 44, § 921 et seq.

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

and one day.

     SECTION 3. 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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     This act would prohibit the sale or possession of firearm silencers unless the person

complies with federal law in the sale, possession and use.

     This act would take effect upon passage.

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LC001526

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