Introduced By: Representatives Carpenter, Lima, Almeida, Williams and Abdullah-Odiase
Date Introduced : February 2, 1999
Referred To: Committee on Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended by adding thereto the following section:
{ADD> 11-47-63. Liability for direct and consequential damages arising from firearms. -- ADD} {ADD (1) Any manufacturer, importer, dealer, or distributor of a firearm or assault weapon shall be liable in tort, without regard to fault or proof of defect, for all direct and consequential damages that arise from bodily injury or death if the bodily injury or death results from the discharge within the state of Rhode Island, of the firearm or assault weapon. Provided, that if such firearm or assault weapon employs a mechanism or device which is designed to prevent anyone except the registered owner from discharging the firearm or assault weapon, including but not limited to radio frequency tags, automated fingerprint identification systems, or mechanical locks, the manufacturer, importer, dealer, or distributor shall not be subject to the provisions of and/or liability under this section. ADD}
{ADD (2) For the purposes of this section, the term "firearm" shall mean a pistol, revolver, or other weapon of any description loaded or unloaded, from which a shot or bullet can be discharged and of which the length of the barrel or barrels is less than sixteen (16) inches, or eighteen (18) inches in the case of a shotgun, as originally manufactured. ADD}
{ADD (3) For the purposes of this section, the term "assault weapon" shall include all versions of the following, including all rifles, shotguns, or pistols sold under the designation provided in this section, and rifles, shotguns, or pistols which are substantially identical thereto sold under any designation: ADD}
{ADD (a) Avtomat Kalishnikov, also known as AK-47 semi automatic rifles; UZI semi automatic rifles, including UZI carbine, mini carbine and pistol, AR-15 semi automatic rifles; Fabrique Nationale, FN-FAL, FN-LAR, and FN-FNC semi automatic rifles; Steyr AUG semi automatic rifles; SKS semi automatic rifles; shotguns with revolving cylinders known as the Street Sweeper and the Striker 12; Algimec Agmi; Armallite AR-180; Australian automatic arms SAP pistol; Auto Ordinance Thompson type; Barrett Light-Fifty model 82A1; Berretta AR-70; Bushmaster auto rifle and auto pistol; Calico models M-900, M-950 and 100-P; Chartered Industries of Singapore SR-88; Daewoo K-1, K-2, Max 1 and Max 2; Encom MK-IV, MP-9 and MP45; FAMAS MAS 223; Feather AT-9 and Mini-AT; Federal XC-900 and XC450; Franchi SPAS-12 and LAW-12; Galil AR and ARM; Goncz high-tech carbine and high-tech long pistol; Heckler & Koch HK-91, HK-93, HK-94, and SP-89; Holmes MP-83; MAC-10 and MAC-11 carbine type; Intratec TEC-9, DC-9 and Scorpion; Iver Johnson Enforcer model 3000; Ruger Mini-14/SF folding stock model only; Scarab Skorpion; SIG 57 AMT and 500 series; Spectre auto carbine and auto pistol; Springfield Armory BM59, SAR-48 and G-3; Sterling MK-6 and MK-7; USAS-12 Weaver Arms Nighthawk; Wilkinson "Linda" pistol; ADD}
{ADD (b) any other semi automatic rifle with a fixed magazine capacity exceeding ten (10) rounds; ADD}
{ADD (c) any other shotgun with a fixed magazine, cylinder, drum or tube capacity exceeding six (6) rounds; and ADD}
{ADD (d) any semi automatic firearm which is a modification of a rifle or shotgun described in this subsection; that is, having the same make, caliber, and action design but a shorter barrel or no rear stock. ADD}
{ADD (4) For the purposes of this section, the term "assault weapon" shall not include: ADD}
{ADD (a) a rifle or shotgun which does not employ fixed ammunition; (b) a rifle, shotgun or pistol which was manufactured prior to the year eighteen hundred and ninety eight (1898); (c) a rifle or shotgun which operates by manual bolt action; (d) a rifle, shotgun, or pistol which operates by lever action; (e) a rifle, shotgun, or pistol which operates by side action; (f) a rifle, shotgun, or pistol which is a single shot weapon (g) a rifle, shotgun, or pistol which is a multiple barrel weapon; (h) a rifle which is a revolving cylinder weapon; (i) a rifle which employs a fixed magazine with a capacity of ten (10) rounds or less; (j) a shotgun which is a rimfire weapon that employs a tubular magazine with a magazine capacity of six rounds or less; (k) a rifle or shotgun which cannot employ a detachable magazine or ammunition belt with a capacity greater than ten (10) rounds; (l) a rifle, shotgun, or pistol which has been modified so as to render it permanently inoperable or so as to make it permanently a device which may not appropriately be designated as an assault weapon; or (m) a rifle, shotgun, or pistol which is an antique or relic firearm, movie prop or other weapon not capable of firing a projectile and not intended for use as a functional weapon and which cannot be readily converted through a combination of available parts into an operable assault weapon. ADD}
{ADD The term "large capacity ammunition belt" shall mean a belt or strip holding more than ten (10) rounds of ammunition to be fed continuously into a semi automatic rifle, shotgun or pistol. ADD}
{ADD The term "large capacity magazine belt" shall mean a box, drum or other magazine container which holds more than ten (10) rounds of ammunition to be fed continuously into a semi automatic rifle, shotgun or pistol. ADD}
{ADD The term "semi automatic" shall mean the capability of firing a shot with each depression of the trigger without additional slid, bolt or other manual action. ADD}
{ADD The term "high damage ammunition" shall mean any ammunition used in a firearm or assault weapon which is capable of piercing or penetrating armor or bullet proof vests ADD}
{ADD (5)This section shall not apply to firearms or assault weapons originally distributed to officers of law enforcement agencies, members of the armed forces of the United States, or the organized militia of the State of Rhode Island or of any other state, to the extent that any such person is authorized to acquire, possess, or carry a firearm or an assault weapon and is acting within the scope of his duties. ADD}
{ADD (6)This section shall not apply where the injury or death results from the intentional self-inflicted use of a firearm or assault weapon or where the person discharging a firearm or assault weapon is injured by such while committing a crime, or where the person discharges a firearm in self defense. ADD}
{ADD (7) This section shall not serve to limit any cause of action, other than that provided by this section, available to a person injured by a firearm or assault weapon. Any defense that is available in a strict liability shall be available as a defense under this section. ADD}
{ADD (8) This section shall only apply to the discharge of a firearm or assault weapon which is manufactured, imported, or distributed after the effective date of this act. ADD}
{ADD (9) For the purposes of this section, "direct and consequential damages" shall include but not be limited to reasonable and necessary medical expenses, diminution of earning capacity, pain and suffering including mental suffering and emotional distress, loss of consortium, and in the case of death those damages enumerated in chapter 10-7. ADD}
SECTION 2. This act shall take effect upon passage.
This act establishes liability and a cause of action against weapons manufacturers and dealers for direct and consequential damages arising from bodily injury or death resulting from the discharge of a firearms or assault weapons.
This act would take effect upon passage.
