2025 -- H 5436 | |
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LC001181 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
____________ | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- RHODE ISLAND ASSAULT WEAPONS BAN | |
ACT OF 2025 | |
| |
Introduced By: Representatives Knight, Caldwell, Boylan, Speakman, McEntee, Ajello, | |
Date Introduced: February 12, 2025 | |
Referred To: House Judiciary | |
(Governor/Secretary of State/General Treasurer/Attorney General/Lieutenant Governor) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 47.2 |
4 | RHODE ISLAND ASSAULT WEAPONS BAN ACT OF 2025 |
5 | 11-47.2-1. Short title. |
6 | This chapter shall be known and may be cited as the "Rhode Island Assault Weapons Ban |
7 | Act of 2025." |
8 | 11-47.2-2. Definitions. |
9 | When used in this chapter: |
10 | (1) "Ammunition feeding device" means a magazine, box, drum, tube, belt, feed strip, or |
11 | device which is capable of holding ammunition to be fed continuously and directly therefrom into |
12 | a semi-automatic firearm. The term shall not include an attached tubular device which is capable |
13 | of holding only .22 caliber rimfire ammunition. |
14 | (2) "Assault weapon" means: |
15 | (i) A semi-automatic shotgun that has at least one of the following: |
16 | (A) A fixed magazine capacity exceeding six (6) rounds; |
17 | (B) The ability to accept a detachable magazine, or that may be readily modified to accept |
18 | a detachable magazine and has either a folding, telescoping, or detachable stock, or a pistol grip, |
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1 | or a thumbhole stock, or any feature capable of functioning as a protruding grip that can be held by |
2 | the non-trigger hand. |
3 | (ii) Any shotgun with a revolving cylinder. |
4 | (iii) A semi-automatic rifle with a fixed magazine capacity exceeding ten (10) rounds. |
5 | (iv) A semi-automatic rifle that has the ability to accept a detachable magazine, or that may |
6 | be readily modified to accept a detachable magazine, and has at least one of the following features: |
7 | (A) A folding, telescoping, or detachable stock; |
8 | (B) A bayonet mount; |
9 | (C) A grenade launcher; |
10 | (D) A shroud attached to the barrel or that partially or completely encircles the barrel, |
11 | allowing the bearer to hold the firearm with the non-trigger hand without being burned, except an |
12 | extension of the stock along the bottom of the barrel, which does not encircle or substantially |
13 | encircle the barrel. |
14 | (E) A pistol grip or thumbhole stock; or |
15 | (F) A flash suppressor or threaded barrel designed to accommodate a flash suppressor; |
16 | (v) A semi-automatic pistol that has a fixed magazine capacity exceeding ten (10) rounds. |
17 | (vi) A semi-automatic pistol that has an ability to accept a detachable magazine, or that |
18 | may be readily modified to accept a detachable magazine, and has at least one of the following: |
19 | (A) The capacity to accept an ammunition magazine at a location outside of the pistol grip; |
20 | (B) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward |
21 | handgrip, or silencer; |
22 | (C) A shroud that is attached to, or partially or completely encircles, the barrel and that |
23 | permits the shooter to hold the firearm with the non-trigger hand without being burned but |
24 | excluding a slide that encloses the barrel; |
25 | (D) A manufactured weight of fifty ounces (50 oz.) or more when the pistol is unloaded; |
26 | or |
27 | (E) A buffer tube, arm brace, or other part that protrudes horizontally behind the pistol grip |
28 | and is designed or redesigned to allow or facilitate firing the weapon from the shoulder. |
29 | (vii) A semi-automatic firearm that has the capacity to accept belt ammunition feeding |
30 | device. |
31 | (viii) Any firearm that has been modified to be operable as an assault weapon as defined |
32 | in this section. |
33 | (ix) A combination of parts in the possession or under the control of the same person from |
34 | which an assault weapon as defined in this section may be readily assembled. |
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1 | (x) "Assault weapon" shall not include a semi-automatic rifle which has an attached tubular |
2 | device and which is capable of operating only with .22 caliber rimfire ammunition. |
3 | (3) "Detachable magazine" means an ammunition feeding device that attaches to a firearm |
4 | and which can be removed without disassembly of the firearm, including an ammunition feeding |
5 | device that may be readily removed from a firearm with the use of a bullet, cartridge, accessory, or |
6 | other tool, or any other object that functions as a tool. |
7 | (4) "Federally licensed firearm dealer" means a person who holds a valid federal firearm |
8 | dealers license issued pursuant to 18 U.S.C. § 923(a). |
9 | (6) "Fixed magazine" means an ammunition feeding device that is permanently fixed to the |
10 | firearm in such a manner that it cannot be removed without disassembly of the firearm, or contained |
11 | in and not removable from a firearm, or that is otherwise not a detachable magazine, but does not |
12 | include an attached tubular device designed to accept, and capable of operating only with, .22 |
13 | caliber rimfire ammunition. |
14 | (7) "Folding, telescoping, or detachable stock" means a stock that folds, telescopes, |
15 | detaches or otherwise operates to reduce the length, size, or any other dimension, or otherwise |
16 | enhances the concealability, of a firearm. |
17 | (8) "Forward grip" means a grip or handle located forward of the trigger. |
18 | (9) "Grandfathered assault weapon" means any assault weapon for which a certificate of |
19 | possession has been issued pursuant to § 11-47.2-4. |
20 | (10) "Grenade launcher" means a device designed to fire, launch or propel a grenade. |
21 | (11) "Pistol grip" means a well-defined handle, similar to that found on a handgun, that |
22 | protrudes conspicuously beneath the action of the weapon, and which permits the firearm to be held |
23 | and fired with one hand. |
24 | (12) "Secure storage" means a firearm that is stored in a locked container or equipped with |
25 | a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such |
26 | weapon inoperable by any person other than the owner or other lawfully authorized user pursuant |
27 | to § 11-47- 60.1. |
28 | (13) "Semi-automatic" means a firearm which fires a single projectile for each single pull |
29 | of the trigger and is self-reloading or automatically chambers a round, cartridge, or bullet. |
30 | (14) "Threaded barrel" means threads on the muzzle end of a barrel and shall include, but |
31 | not be limited to, any barrel on which a flash suppressor, muzzle brake or silencer has been attached. |
32 | 11-47.2-3. Restrictions on manufacture, sale, purchase and possession of assault |
33 | weapons. |
34 | (a) No person shall manufacture, sell, offer to sell, transfer, purchase, possess, or have |
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1 | under his or her control an assault weapon, except as otherwise authorized under this section. Any |
2 | person convicted of violating this subsection shall be punished by imprisonment of not more than |
3 | ten (10) years, or by a fine up to ten thousand dollars ($10,000), and the assault weapon shall be |
4 | subject to forfeiture. |
5 | (b) Subsection (a) of this section shall not apply to: |
6 | (1) A person who, on the effective date of this chapter, lawfully possessed an assault |
7 | weapon and who, within one year of the effective date of this chapter: |
8 | (i) Registers the assault weapon with the police department in the city or town where the |
9 | person resides or, if there is no such police department or the person resides out of state, with the |
10 | Rhode Island state police in accordance with the provisions of this chapter; or |
11 | (ii) Renders the assault weapon permanently inoperable, as provided in subsection (f) of |
12 | this section; or |
13 | (iii) Surrenders the assault weapon to the police department in the city or town where the |
14 | person resides, or, if there is no such police department or the person resides out of state, to the |
15 | Rhode Island state police, in accordance with the procedures for surrender of weapons set forth by |
16 | the police department or the Rhode Island state police; |
17 | (iv) Surrenders the assault weapon to any police station or other location designated as a |
18 | site of a bona fide “gun buy-back” program, but only if said weapon is unloaded and any |
19 | ammunition for said weapon is not readily or directly accessible from the passenger compartment |
20 | of such vehicle while transporting same; and further, provided, that in the case of a vehicle without |
21 | a compartment separate from the passenger compartment, the weapon or the ammunition shall be |
22 | stored in a locked container; or |
23 | (v) Transfers or sells the assault weapon to a federally licensed firearm dealer or person or |
24 | firm lawfully entitled to own or possess such weapon. |
25 | (2) A federally licensed firearms dealer who manufactures, purchases, possesses or has |
26 | under his or her control an assault weapon, or who sells, offers to sell, or transfers an assault weapon |
27 | to another federally licensed firearms dealer, to an entity identified in subsection (b)(3) of this |
28 | section, or to an individual outside the state who may lawfully possess such weapon. |
29 | (3) A law enforcement agency, acting under authority of the United States, the state or any |
30 | of its political subdivisions, to import, possess, or transfer an assault weapon. |
31 | (4) A law enforcement officer to possess or have under his or her control an assault weapon |
32 | received through the authority of the United States or any department or agency thereof; a state or |
33 | a department, agency, or political subdivision thereof; a municipality or a department or agency |
34 | thereof or a federally recognized Indian tribe or a department or agency thereof for purposes of |
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1 | employment provided said officer is not otherwise prohibited from receiving such a weapon and |
2 | who is either: |
3 | (i) Exempt under §§ 11-47-9 and 11-47-9.1; or |
4 | (ii) A qualified law enforcement officer under 18 U.S.C. § 926B(c) and who is carrying the |
5 | identification required by 18 U.S.C. § 926B(d); |
6 | (d) Notwithstanding subsection (a) of this section, an active duty member of the armed |
7 | forces of the United States or the national guard, or a member of the United States military reserves, |
8 | may possess or have under his or her control an assault weapon when he or she is acting in the |
9 | commission of the member’s official duty. |
10 | (e) If the holder of a certificate to possess an assault weapon dies, or if the owner of an |
11 | assault weapon which has been registered pursuant to this chapter dies, then the heir(s) or estate of |
12 | the deceased person shall have one hundred eighty (180) days from the date of death to transfer the |
13 | firearm to a federally licensed firearm dealer or person or firm lawfully entitled to own or possess |
14 | such firearm; voluntarily surrender the firearm to the police department in the city or town where |
15 | the deceased resided, or to the Rhode Island state police; remove the assault weapon from the state; |
16 | within ninety (90) days of obtaining title, register the assault weapon in accordance with the |
17 | provisions of § 11-47.2-4; or, render such weapon permanently inoperable. |
18 | (f) If the owner of an assault weapon elects to render such weapon permanently inoperable, |
19 | the owner shall file a certification under penalty of perjury on a form prescribed by the |
20 | superintendent of the state police indicating the date on which the assault weapon was rendered |
21 | permanently inoperable. This certification shall be filed with either the chief law enforcement |
22 | officer of the municipality in which the owner resides or, if there is no such police department or |
23 | in the case of an owner who resides outside this state but stores or possesses an assault weapon in |
24 | this state, with the superintendent of the state police. For purposes of this section, "permanently |
25 | inoperable" means that the assault weapon is altered in such a manner that it is incapable of |
26 | discharging a shot by means of an explosive and incapable of being readily restored to a firing |
27 | condition. |
28 | 11-47.2-4. Registration of assault weapons. |
29 | (a) Notwithstanding the provisions of § 11-47-41, the owner of an assault weapon lawfully |
30 | possessed on or before the effective date of this chapter shall have one year from the effective date |
31 | of this chapter to register that weapon. To register an assault weapon, the owner shall: |
32 | (1) Complete an assault weapon registration statement, in the form to be prescribed by the |
33 | superintendent of the state police; |
34 | (2) Submit to a fingerprint-supported criminal background check to ascertain whether the |
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1 | person is disqualified from the lawful possession of firearms; and, |
2 | (3) Pay a registration fee of twenty-five dollars ($25.00) per each person registering one or |
3 | more assault weapons. |
4 | (b) The information to be provided in the registration statement shall include: |
5 | (1) The full name, date of birth, address, motor vehicle operator’s license number or state |
6 | identification card number of the registrant; |
7 | (2) The make, model, caliber, and serial number of the assault weapon being registered; |
8 | and |
9 | (3) Each registration statement shall be signed by the registrant, and the signature shall |
10 | constitute a representation of the accuracy of the information contained in the registration |
11 | statement. |
12 | (c) For an applicant who resides in a municipality with an organized full-time police |
13 | department, the registration shall take place at the main office of the police department. For all |
14 | other applicants, the registration shall take place at a Rhode Island state police barracks. |
15 | (d) Within ninety (90) days of the effective date of this chapter, the superintendent of the |
16 | state police shall prepare the registration statement as described in subsection (a) of this section and |
17 | a certificate of inoperability as described in § 11-47.2-3(f), and shall provide a suitable supply of |
18 | such statements to each organized full-time municipal police department and each state police |
19 | barracks. |
20 | (e) One copy of the completed assault weapons registration statement shall be returned to |
21 | the registrant and shall constitute a certificate of possession of that assault weapon. A second copy |
22 | shall be sent to the superintendent and, if the registration takes place at a municipal police |
23 | department, a third copy shall be retained by that municipal police department. A fourth copy of |
24 | the registration statement shall be sent to the attorney general. |
25 | (f) A certificate of possession shall only authorize the possession of the assault weapon |
26 | specified in the certificate. Any person in possession of multiple assault weapons on the effective |
27 | date of this chapter must submit a separate registration statement to obtain a certificate of |
28 | possession for each of the assault weapons of which they wish to retain possession; provided, |
29 | however, that only one registration fee of twenty-five dollars ($25.00) shall be collected pursuant |
30 | to subsection (a)(3) of this section. |
31 | (g) The name and address of a person issued a certificate of possession shall be kept |
32 | confidential and shall not be disclosed without a lawful court order, except such records may be |
33 | disclosed to state or federal law enforcement officers and state and federal probation and parole |
34 | officers acting in the performance of their duties. |
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1 | 11-47.2-5. Use and possession of assault weapons with certificate of possession. |
2 | (a) Any person who has been issued a certificate of possession for an assault weapon as |
3 | provided for in this chapter, may possess the assault weapon only under the following conditions: |
4 | (1) At that person's residence, or place of business or other property owned by that person, |
5 | except the grandfathered assault weapon shall be kept in secure storage when not in the immediate |
6 | possession and control and as required by § 11-47-60.1; |
7 | (2) While on a target range which holds a regulatory or business license for the purpose of |
8 | practicing shooting at that target range; |
9 | (3) While on the premises of a licensed shooting club; |
10 | (4) While attending any exhibition, display or educational project which is about firearms |
11 | and which is sponsored by, conducted under the auspices of, or approved by a law enforcement |
12 | agency or a nationally or state recognized entity that fosters proficiency in, or promotes education |
13 | about, firearms; |
14 | (5) While transporting the grandfathered assault weapon to any federally licensed firearm |
15 | dealer for servicing, repair or sale; or |
16 | (6) While transporting an assault weapon for lawful use between any of the places set forth |
17 | in subsections (a)(1) through (a)(5) of this section or for lawful use out-of-state; provided, the |
18 | assault weapon is placed in a secure storage. |
19 | (b) Any person who violates the provisions of subsection (a) of this section, shall be fined |
20 | not more than two thousand five hundred dollars ($2,500) or imprisoned not more than three (3) |
21 | years, or both, and shall be subject to forfeiture of the assault weapon pursuant to § 11-47-22. |
22 | 11-47.2-6. Licensed firearm dealers -- Certificate of transfer. |
23 | (a) If an owner of a grandfathered assault weapon sells or transfers the assault weapon to a |
24 | federally licensed firearm dealer, such dealer shall, at the time of delivery of the firearm, in addition |
25 | to any other reports required by law, execute a certificate of transfer and cause copies of the |
26 | certificate of transfer to be mailed or delivered to the superintendent of the state police and the |
27 | attorney general. |
28 | (b) The certificate of transfer shall contain: |
29 | (1) The date of sale or transfer; |
30 | (2) The full name, date of birth, address, motor vehicle operator’s license number or state |
31 | identification card number of the seller or transferor; |
32 | (3) The federally licensed firearm dealer's federal firearms license number and seller or |
33 | transferor's certificate of possession number; and |
34 | (4) A description of the grandfathered assault weapon, including the caliber of the assault |
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1 | weapon and its make, model and serial number. |
2 | (c) The federally licensed firearm dealer shall retain possession of the seller or transferor’s |
3 | certificate of possession and affix the certificate of possession to the certificate of transfer before |
4 | mailing or delivering copies of the certificate of transfer to the superintendent of the state police |
5 | and the attorney general. |
6 | (d) A federally licensed firearm dealer may receive and possess a lawfully grandfathered |
7 | assault weapon at their business premises, lawfully transport the grandfathered assault weapon |
8 | between dealers or out of the state, or lawfully sell or transfer the firearm outside the state. |
9 | (e) A federally licensed firearm dealer may take possession of a grandfathered assault |
10 | weapon for the purposes of servicing or repair from any person to whom certificate of possession |
11 | for such weapon has been issued pursuant this chapter. |
12 | (f) A federally licensed firearm dealer may temporarily transfer possession of a |
13 | grandfathered assault weapon received pursuant to subsection (a) of this section to another federally |
14 | licensed firearm dealer for the purpose of servicing or repairing the firearm. |
15 | 11-47.2-7. Severability. |
16 | If any provisions of the chapter or the application thereof to any person or circumstances |
17 | is held invalid, such invalidity shall not affect any other provisions or applications of this chapter, |
18 | which can be given effect without the invalid provision or application, and to this end the provisions |
19 | of this chapter are declared to be severable. |
20 | SECTION 2. This act shall take effect on January 1, 2026. |
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LC001181 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- RHODE ISLAND ASSAULT WEAPONS BAN | |
ACT OF 2025 | |
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1 | This act would establish the Rhode Island Assault Weapons Ban Act of 2025. The act |
2 | would define various assault weapons and would restrict the manufacture, sale, purchase, and |
3 | possession of these assault weapons. The act would allow the owner of an assault weapon lawfully |
4 | possessed on or before the effective date of this act to have one year from the effective date of this |
5 | act to register that weapon and obtain a certificate of possession. |
6 | This act would take effect on January 1, 2026. |
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LC001181 | |
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