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LC412
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It is enacted by the General Assembly as follows

SECTION 1. Sections 11-47-2, 11-47-35, 11-47-35.2, 11-47-36, 11-47-38, 11-47-38.1, and 11-47-39 of the General Laws in Chapter 11-47 entitled "Weapons" are hereby amended to read as follows:

11-47-2. Definition of terms. -- When used in this chapter, the following words and phrases shall be construed as follows:

(1) "Antique firearm" shall be defined as that term is defined under the provisions of title 18, United States code, subsection 921 (18 USC section 921).

(2) "Crime of violence" shall mean and include 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 possession with intent to manufacture, sell, or deliver a controlled substance classified in schedule I or schedule II of section 21-28-2.08, any violation of section 21-28-4.01.1 or section 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, and/or assault with intent to commit any offense punishable as a felony; upon any conviction of an offense punishable as a felony offense under section 12-29-5.

(3) "Firearm" shall include any machine gun, pistol, rifle, air rifle, air pistol, "blank gun," "BB gun," so-called, or other instrument from which steel or metal projectiles are propelled, or which may readily be converted to expel a projectile, except recurve, compound, or longbows and except such instruments propelling such projectiles which instruments are designed or normally used for a primary purpose other than as a weapon. The frame or receiver of any such weapon shall be construed as a firearm under the provisions of this section.

(4) "Fugitive from justice" shall mean 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.

(5) "Licensing authorities" shall mean the board of police commissioners of a city or town where such 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 shall mean the town clerk who may issue licenses upon the recommendation of the town sergeant, and it shall also mean any other person or body duly authorized by the city or town charter or by state law.

(6) "Machine gun" means any weapon which 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 shall also include the frame or receiver of any such 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.

(7) "Person" shall include individual, partnership, firm, association, or corporation.

(8) "Pistol" shall include any pistol or revolver, and any shotgun, rifle, or similar weapon with overall length less than twenty-six (26) inches, but shall not include any pistol or revolver designed for the use of blank cartridges only.

(9) "Sawed-off rifle" shall mean any rifle with overall length of less than twenty-six (26) inches and/or barrel length of less than sixteen (16) inches.

(10) "Sawed-off shotgun" shall mean any shotgun with overall length of less than twenty-six (26) inches and/or barrel length of less than eighteen (18) inches.

(11) "Sell" shall include let or hire, give, lend, and transfer, and the word "purchase" shall include hire, accept, and borrow, and the expression "purchasing" shall be construed accordingly.

{ADD (12) "Dealer" shall mean any individual, partnership, firm, association or corporation licensed to be a retail dealer pursuant to this chapter. ADD}

11-47-35. Sale of concealable weapons -- Safety courses and tests -- Review board -- Issuance of permits to certain government officers. -- (a)(1) No seller shall deliver a pistol or revolver to a purchaser until seven (7) days shall have elapsed from twelve o'clock (12:00) noon of the day following the day of application for the purchase, and when delivered, the pistol or revolver shall be unloaded and securely wrapped, with the bill of sale to be enclosed within the wrapper with the pistol or revolver. Any citizen of the United States and/or lawful resident of this state who is twenty-one (21) years of age or older, and any non-resident member of the armed forces of the United States who is stationed in this state and who is twenty-one (21) years of age or older, may upon application purchase or acquire a pistol or revolver. At the time of applying for the purchase of a concealable firearm, the purchaser shall: (A) complete and sign in triplicate and deliver to the seller the application form described below, and in no case shall it contain the serial number of the pistol or revolver; and (B) shall present to the seller a pistol/revolver safety certificate issued by the Department of Environmental Management. The certificate shall be retained in the possession of the buyer. The pistol/revolver safety certificate shall certify that the purchaser has completed a basic pistol/revolver safety course as shall be administered by the Department of Environmental Management.

Application to Purchase Pistol or Revolver {ADD , Rifle or Shotgun ADD}
Date .............................. Hour ...............A.M. P.M.
{ADD Permit Number ADD}
Name ............................................................
Address .........................................................
{DEL (Street and number) (City or town) (State) DEL} {ADD City/Town State Zip ADD} {ADD Home Telephone Number ADD}
Date of Birth .................... Place of Birth ............... {ADD Alien Registration Number ADD}
Height ............... Weight ............... Color hair ........
Color eyes ......................................................
Scars ...........................................................
Tattoos .........................................................
Other identifying marks .........................................
{ADD Rhode Island Driver's License/Identification Card Number ADD}
Are you a citizen of the United States ..........................
{ADD If not, citizen of what country? ADD}
{ADD How long have you resided in the United States ADD}
{ADD How long have you resided in Rhode Island ADD}
{DEL Are you a citizen of Rhode Island ............................ DEL} {DEL How Long ..................................................... DEL}
{DEL Where stationed .............................................. DEL}
{DEL ( DEL} Armed Forces only {DEL ) DEL} {ADD : Where stationed ADD} ................
Have you ever been convicted of a {DEL crime of violence DEL} {ADD felony ADD} ............
{DEL (See section 11-47-2 General Laws of Rhode Island)
Have you ever been adjudicated or under confinement as addicted to a controlled substance ........................................... DEL}
{ADD Are you presently under indictment or information in any court where ADD}
{ADD Are you an unlawful user of, addicted to marijuana, or any depressant, stimulant or narcotic drug, or any other controlled substance ADD}
Have you ever been adjudicated or under confinement for alcoholism .............................
Have you ever been confined or treated for mental illness .......
{ADD Are you now subject to a court order restraining you from harassing, stalking or threatening an intimate partner or child of such partner? ADD}
{ADD Have your ever been convicted of a misdemeanor involving domestic violence? ADD}
{ADD Total number of pistols and/or revolver, rifles and/or shotguns being purchased? ADD}
From whom is pistol {DEL or revolver DEL} {ADD , revolvers, rifles or shotguns ADD} being purchased {ADD at this time ADD} ......................
{ADD Seller: Name/Corporation FFL# ADD}
Seller's address ................................................
Seller's signature ..............................................
Applicant's signature ...........................................

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

AFFIDAVIT: I certify that I have read and am familiar with the provisions of sections 11-47-1 to 11-47-55, inclusive, of the general laws of the State of Rhode Island and Providence Plantations, and that I am aware of the penalties for violation of the provisions of the cited sections. I further certify that I have completed the required basic pistol/revolver safety course {DEL . DEL} {ADD , if I am purchasing a pistol or revolver. ADD}

Signed .....................................................

County of .......................................................
State of Rhode Island

Subscribed and sworn before me this .... day of .... A.D. 19..

Notary Public

.............

(2) The seller shall on the date of application, sign and forward by registered mail or by delivery in person, the original and duplicate copies of the application to the superintendent of the Rhode Island state police or the chief of police in the city or town in which the {DEL seller DEL} {ADD purchaser ADD} has his or her residence or place of business. The superintendent of the Rhode Island state police or the chief of police in the city or town in which the {DEL seller DEL} {ADD purchaser ADD} has his or her residence or place of business shall mark or stamp the original copy of the application form with the date and time of receipt and return it by the most expeditious means to the seller. The triplicate copy duly signed by the seller shall within seven (7) days, be sent by him or her by registered mail to the attorney general. The seller shall retain the original copy duly receipted by the police authority to whom sent or delivered for a period of six (6) years with other records of the sale. It shall be the duty of the police authority to whom the duplicate copy of the application form is sent or delivered to make a background check of the applicant to ascertain whether he or she falls under the provisions of sections 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If, after the lapse of seven (7) days from twelve o'clock (12:00) noon of the day following application, no disqualifying information has been received from the investigating police authority by the seller, he or she will deliver the firearm applied for to the applicant. Upon the finding of no disqualifying information under the provisions of the above cited sections of this chapter, and in no case later than thirty (30) days after the date of application, the duplicate and triplicate copies of the application will be destroyed. Retention of the duplicate and triplicate copies in violation of this act or any unauthorized use of the information contained therein by a person or agency shall be punishable by a fine of not more than one thousand dollars ($1,000). The provisions of this section shall not apply to bona fide sales at wholesale to duly licensed retail dealers, nor to purchases by retail dealers duly licensed under the provisions of section 11-47-39.

(b)(1) The department of environmental management shall establish the basic pistol/revolver safety course required hereunder. Said safety course shall consist of not less than two (2) hours of instruction in the safe use and handling of pistols and revolvers and the course shall be available to buyers continually throughout the year at convenient times and places but at least monthly at locations throughout the state, or more frequently as required. Proficiency in the use of pistols or revolvers shall not be prerequisite to the issuance of the safety certificate. No person shall be required to complete the course more than once, provided however, that any person completing the course who is unable to produce the safety certificate issued by the department of environmental management shall be required to take the course again unless such person provides evidence to said department that he or she has successfully completed the course.

(2) The administration of the basic pistol/revolver safety course required by this section shall not exceed the cost of thirty-five thousand ($35,000.00) dollars in any fiscal year.

(c) After January 1, 1980, proof of passage of the department of environmental management's basic hunter safety course will be equivalent to the pistol/revolver safety certificate mandated by this section.

(d) Any person who has reason to believe that he or she does not need the required handgun safety course may, at any time after May 8, 1980, apply by any written means to the department of environmental management to take an objective test on the subject of matter of the handgun safety course. The test shall be prepared, as well as an instruction manual upon which the test shall be based, by the department. The manual shall be made available by any means to the applicant who may, within the time limits for application, take the objective test at the department or at any location where the handgun safety course is being given. Any person receiving a passing grade on the test shall be issued a pistol/revolver safety certificate by the department.

(e)(1) There is hereby established within the department of environmental management a review board which shall consist of five (5) members as follows: one member from the Rhode Island house of representatives to be appointed by the speaker, one member from the Rhode Island senate to be appointed by the majority leader, two (2) members who are residents of the state representing the public, to be appointed by the governor, one of whom shall be from the Rhode Island rifle and revolver association, and the director of the department of environmental management or his or her designee. The legislative members of the review board shall serve so long as they shall remain members of the house from which they were appointed and until their successors are duly appointed and qualified. The board members representing the public shall serve at the pleasure of the governor. Vacancies shall be filled in like manner as the original appointments.

(2) It shall be the duty of the review board to monitor and evaluate the development of the basic pistol/revolver safety course required by this section, to ensure compliance with the provisions of subsection (b) of this section, and to periodically make or recommend such changes in the safety course as the review board deems advisable, not inconsistent with the provisions of this section. It shall further be the duty of the review board to decide all appeals from any decisions of the department of environmental management rendered pursuant to its responsibilities as set forth in subsection (b) of this section.

(3) There shall be no civil liability incurred and no cause of action of any nature shall arise against any member of the review board or its agents, servants, or employees as a result of any decisions made by the board or for any action taken by the board or its members, agents, servants, or employees.

(f) The following persons shall be issued basic pistol/revolver permits by the department of environmental management: sheriffs, deputy sheriffs, the superintendent and members of the state police, prison or jail wardens or their deputies, members of the city or town police force, members of the park police, conservation officers, and officers of the United States government authorized by law to carry a concealed firearm and, at the discretion of the department of environmental management, any person who can satisfactorily establish that he or she formerly held, such office or were so authorized.

(g) Any person who is serving in, the army, navy, air force, marine corps or coast guard, on active duty, shall not be required to obtain a basic pistol/revolver safety certificate or basic pistol/revolver permit under this section so long as he or she remains on such active duty.

(h) Any person who is serving in the active reserve components of the army, navy, air force, marine corps or coast guard, or any person in an active duty paid status in the Rhode Island National Guard, shall not be required to obtain a basic pistol/revolver safety certificate under this section so long as he or she remains in active status.

{ADD (i) The provisions of this section that pertains to the application to purchase pistols, revolvers, rifles or shotguns shall not apply to full-time members of the state police or full-time member of the city or town police departments, or state marshals or correctional officers, or to the sale of air pistols, air rifles, blank guns or "BB guns" or to the sale of antique firearms as defined in section 11-47-2. ADD}

11-47-35.2. Sale of rifles/shotguns. -- (a) No seller shall deliver a rifle or shotgun to a purchaser thereof until seven (7) days shall have elapsed from twelve o'clock (12:00) noon of the day following the day of application for the purchase, and when delivered, the rifle or shotgun shall be unloaded and securely wrapped, with the bill of sale therefor to be enclosed within the wrapper with the rifle or shotgun. Any citizen of the United States and/or lawful resident of this state who is eighteen (18) years of age or older, and any non-resident member of the armed forces of the United States who is stationed in this state and who is eighteen (18) years of age or older, may, upon application, purchase or acquire a rifle or shotgun. At the time of applying for the purchase of a shotgun or rifle the purchaser shall complete and sign in triplicate and deliver to the seller the application form described below, and in no case shall it contain the serial number of the rifle or shotgun.

Name ............................................................

Address .........................................................

{DEL (Street and number) (City or town) (State) DEL}

{ADD City/Town State Zip Code ADD}

{ADD Home Telephone Number ADD}

Date of Birth .................... Place of Birth ...............

{ADD Alien Registration Number ADD}

Height ............... Weight ............... Color hair ........

Color eyes ......................................................

Scars ...........................................................

Tattoos .........................................................

Other identifying marks .........................................

{ADD Rhode Island Driver's License/Identification Card Number ADD}

Are you a citizen of the United States ..........................

{ADD If not, citizen of what country ADD}

{ADD How long have you resided in the United States ADD}

{DEL Are you a citizen of Rhode Island ............................ DEL}

{DEL How Long ..................................................... DEL} {ADD How long have you resided in Rhode Island ADD}

{DEL Where stationed .............................................. DEL}

{DEL ( DEL} Armed Forces only {DEL ) DEL} {ADD : where stationed ADD} ................

Have you ever been convicted of a {DEL crime of violence DEL} {ADD felony ADD} .

{DEL (See section 11-47-2 General Laws of Rhode Island)

Have you ever been adjudicated or under confinement as addicted to a controlled substance ........................................... DEL}

{ADD Are you presently under indictment or information in any court

where ADD}

{ADD Are you an unlawful user of, addicted to marijuana, or any depressant, stimulant or narcotic drug, or any other controlled substance ADD}

Have you ever been adjudicated or under confinement for alcoholism .............................

Have you ever been confined or treated for mental illness .......

{ADD Are you now subject to a court order restraining you from harassing, stalking or threatening an intimate partner or child of such partner? ADD}

{ADD Have your ever been convicted of a misdemeanor involving domestic violence? ADD}

{ADD Total number of pistols and/or revolver, rifles and/or shotguns being purchased? ADD}

From whom is {ADD pistol, revolver, rifle or ADD} shotgun {DEL or rifle DEL} being purchased {ADD at this time ADD} ......................................

{ADD Seller: Name/Corporation FFL# ADD}

Seller's address ................................................

{ADD Seller's Telephone Number ADD}

Seller's signature ..............................................

Applicant's signature ...........................................

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

AFFIDAVIT: I certify that I have read and am familiar with the provisions of sections 11-47-1 -- 11-47-59, inclusive, of the general laws of the State of Rhode Island and Providence Plantations, and that I am aware of the penalties for violation of the provisions of the cited sections. {ADD I further certify that I have completed the required basic pistol/revolver safety course if I am purchasing a pistol or revolver. ADD}

Signed .....................................................

County of .......................................................

State of Rhode Island

Subscribed and sworn before me this .... day of .... A.D. 19..

Notary Public

.............

(b) The seller shall, on the date of application, sign and forward by registered mail or by delivery in person, the original and duplicate copies of the application to the superintendent of the Rhode Island state police or the chief of police in the city or town in which the {DEL seller DEL} {ADD purchaser ADD} has his or her residence or place of business. The superintendent of the Rhode Island state police or the chief of police in the city or town in which the {DEL seller DEL} {ADD purchaser ADD} has his residence or place of business shall mark or stamp the original copy of the application form with the date and time of receipt and return it by the most expeditious means to the seller. The triplicate copy duly signed by the seller shall within seven (7) days be sent by him by registered mail to the attorney general. The seller shall retain the original copy duly receipted by the police authority to whom sent or delivered for a period of six (6) years with other records of the sale. It shall be the duty of the police authority to whom the duplicate copy of the application form is sent or delivered to make a background check of the applicant to ascertain whether he or she falls under the provisions of sections 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If after the lapse of seven (7) days from twelve o'clock (12:00) noon of the day following application, no disqualifying information has been received from the investigating police authority by the seller, he or she will deliver the firearm applied for to the applicant. Upon the finding of no disqualifying information under the provisions of the above cited sections of this chapter, and in no case later than thirty (30) days after the date of application, the duplicate and triplicate copies of the application will be destroyed. Retention of the duplicate and triplicate copies in violation of this act or any unauthorized use of the information contained therein by a person or agency shall be punishable by a fine of not more than one thousand dollars ($1,000). The provisions of this section shall not apply to bona fide sales at wholesale to duly licensed retail dealers, nor to purchases by retail dealers duly licensed under the provisions of section 11-47-39.

(c) The provisions of this section shall not apply to full time members of the state police or full time members of city or town police departments, {DEL or persons licensed under sections 11-47-9 and 11-47-11, DEL} or to sales of air rifles or "BB guns", or to sales of antique firearms as defined in section 11-47-2.

11-47-36. Purchase of concealable firearms from out of state dealers. -- No citizen of this state shall purchase any concealable firearm {ADD from any source ADD} outside of the state of Rhode Island{ADD . ADD} {ADD If any citizen of this state wishes to purchase a concealable firearm from outside the state of Rhode Island, that citizen will have a federally licensed firearms dealer in the other state transfer that firearm to a federally licensed firearms dealer within the state of Rhode Island. The intended purchaser shall then comply with all provisions of section 11-47-35 before he shall take possession of such firearm. The provisions of this section shall not apply to bona fide sales at wholesale to federally licensed firearms dealers who are duly licensed under provisions of 11-47-39. ADD} {DEL unless he or she has duly executed the application form prescribed in section 11-47-35, the application form to be obtained by the purchaser from the city or town clerk of the city or town in which he or she resides or has his place of business. The original and duplicate copies of the application shall be delivered in person, duly executed, by the purchaser to the superintendent of the Rhode Island state police or to the chief of police of the city or town in which the purchaser resides. The purchaser shall send the triplicate copy of said application by registered mail to the attorney general within twenty-four (24) hours of the time of filing with the appropriate police authority cited above. It shall be the duty of the police authority to whom the original and duplicate copies of the application are delivered to check the applicant's record to ascertain whether he or she falls under the provisions of sections 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If after the lapse of seventy-two (72) hours from twelve o'clock (12:00) noon of the day following the date of application, no disqualifying record has been found by the investigating police authority, the original and duplicate copies of the application marked or stamped "approved" and signed by the investigating police authority will be returned to the applicant by the most expeditious means. The approved duplicate copy of the application shall be sent by the purchaser to the out-of-state dealer as proof of lawful purchase, and the original shall be retained by the purchaser along with the bill of sale for the firearm purchased for a period of six (6) years as proof of lawful purchase. The triplicate copy of the application shall be retained by the attorney general for a period which shall in no case exceed ninety (90) days, provided that no evidence of such nature as would disqualify the applicant has been found. DEL}

11-47-38. Dealers to be licensed. -- No {DEL retail dealer DEL} {ADD person, firm or corporation who has obtained a federal firearms license under provisions of 18 U.S.C. 923, ADD} shall sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any pistol, revolver, {ADD rifle, shotgun ADD} or other firearm without being licensed as hereinafter provided.

{ADD 11-47-39. Dealers' licenses, by whom granted and conditions thereof. -- ADD} The duly constituted licensing authorities of any city, town, or political subdivision of this state may grant licenses in form prescribed by the attorney general effective for not more than one year from date of issue, permitting the licensee to sell pistols and revolvers{ADD , rifles, shotguns or other firearms ADD} at retail within this state subject to the following conditions in addition to those specified in sections 11-47-35 and {DEL 11-47-36 DEL} {ADD 11-47-35.2 ADD} , for breach of any of which the license shall be forfeited and the licensee subject to punishment as provided in this chapter.

(1) The business shall be carried on only in the building designated in the license.

(2) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be read.

(3) No pistol or revolver{ADD , rifle, shotgun or other firearms ADD} shall be sold in violation of any provision of this chapter, nor shall a pistol or revolver be sold under any circumstances unless the purchaser is personally known to the seller or shall present clear evidence of his or her identity.

(4) The fee for issuing the license shall be five dollars ($5.00). The fee charged for the issuing of the license shall be applied for the use and benefit of the city or town.

SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended by adding thereto the following section:

{ADD 11-47-38.1. Sales prohibited -- Sales by licensed dealer. -- ADD} {ADD No person shall sell, as defined in section 11-47-2, any firearm unless the sale is completed by a dealer licensed pursuant to section 11-47-39.

Every person, firm or corporation shall report the loss or theft of any firearm to local law enforcement agency or to the state police within twenty-four (24) hours of the discovery of the loss or theft. ADD}

{ADD 11-47-39.1. ADD} {ADD Except as provided, it shall be unlawful for any person who is not a licensed firearms dealer to purchase more than one (1) handgun within any thirty-day period.

No person shall knowingly remove or attempt to remove a firearm from a law enforcement officer engaged in the lawful performance of his/her duties. ADD}

SECTION 3. Sections 42-28-3 and 42-28-4 of the General Laws in Chapter 42-28 entitled "State Police" are hereby amended to read as follows:

42-28-3. Scope of responsibilities. -- The Rhode Island state police and the superintendent shall be charged with the responsibility of:

(a) Providing a uniformed force for law enforcement;

(b) Preparing rules and regulations for law enforcement;

(c) Maintaining facilities for crime detection and suppression; and

(d) Controlling traffic and maintaining safety on the highways. The superintendent shall be ex officio state fire marshal.

{ADD (e) To ensure the audit and compliance with statutes relating to the sale and/or exchange of firearms by licensed firearms dealers. ADD}

42-28-4. Composition of division. -- {ADD (a) ADD} There shall be a division of state police consisting of the following members: a superintendent who shall have the rank of full colonel; as many captains as the superintendent shall deem necessary, not to exceed three (3); one (1) adjutant captain; one (1) division staff inspector; as many lieutenants as the superintendent shall deem necessary; and such other personnel, the number and rank of whom shall be designated by the superintendent, and the general assembly shall annually appropriate such sum as it may deem necessary for the payment of the salaries of the members of the division. The member of the Rhode Island state police who shall be assigned by the superintendent to execute the duties of executive officer shall have the rank of major.

{ADD (b) There shall be within the Rhode Island state police an office of firearms sale compliance. ADD}

SECTION 4. This act shall take effect upon passage.

This act would amend the state application to purchase firearms to include information to ascertain if an applicant is qualified to purchase a firearm, as well as defines dealers to be licensed to sell firearms. This act would require that all sales or transfers of firearms be by a licensed retail dealer.

The act establishes that within the Rhode Island state police there shall be an office of firearms sale compliance. In addition, the act makes it unlawful for any person who is not a licensed firearms dealer to purchase more than one handgun within any thirty-day period, as well as prohibit either the straw purchase of firearms or soliciting straw purchases.

This act would take effect upon passage.