2025 -- S 1154 | |
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LC002944 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
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A N A C T | |
RELATING TO CRIMINAL OFFENSES -- WEAPONS | |
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Introduced By: Senators Thompson, Tikoian, Patalano, Raptakis, Burke, Ciccone, E | |
Date Introduced: June 13, 2025 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 11-47-2 and 11-47-42 of the General Laws in Chapter 11-47 entitled |
2 | "Weapons" are hereby amended to read as follows: |
3 | 11-47-2. Definitions. |
4 | When used in this chapter, the following words and phrases are construed as follows: |
5 | (1) “3D printing process” means 3D printing or additive manufacturing which is a process |
6 | of making three (3) dimensional solid objects from a computer file and shall include any of various |
7 | processes in which material is joined or solidified under computer control to create a three (3) |
8 | dimensional object, with material being added together including liquid molecules or powder |
9 | grains. |
10 | (2) “Antique firearm” is defined as that term is defined under the provisions of 18 U.S.C. |
11 | § 921. |
12 | (3) “Binary trigger” means a device that replaces a standard trigger on a semi-automatic |
13 | weapon and is designed to fire one round on the pull of the trigger and another round upon release |
14 | of the trigger. |
15 | (4) “Bump-fire stock” means any device that replaces a semi-automatic weapon’s standard |
16 | stock and is designed to slide back and forth rapidly, harnessing the weapon’s recoil to rapidly fire |
17 | the weapon. |
18 | (5) “Crime of violence” means and includes any of the following crimes or an attempt to |
19 | commit any of them: murder, manslaughter, rape, first- or second-degree sexual assault, first- or |
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1 | second-degree child molestation, kidnapping, first- and second-degree arson, mayhem, robbery, |
2 | burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or |
3 | delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a |
4 | controlled substance classified in schedule I or schedule II of § 21-28-2.08, any violation of § 21- |
5 | 28-4.01.1 or § 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a |
6 | dangerous weapon, assault or battery involving grave bodily injury, or assault with intent to commit |
7 | any offense punishable as a felony; upon any conviction of an offense punishable as a felony |
8 | offense under § 12-29-5. |
9 | (6) "Electronic dart gun" means any handheld device that transmits an electrical current |
10 | from the device to a person by expelling steel or metal prongs, darts or projectiles to make contact |
11 | with a person, and is activated by a trigger or button. |
12 | (6)(7) “Firearm” includes any machine gun, pistol, rifle, air rifle, air pistol, “blank gun,” |
13 | “BB gun,” or other instrument from which steel or metal projectiles are propelled, or that may |
14 | readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and |
15 | except instruments propelling projectiles that are designed or normally used for a primary purpose |
16 | other than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under |
17 | the provisions of this section. |
18 | (7)(8) “Fugitive from justice” means any person who has fled from any state, territory, the |
19 | District of Columbia, or possession of the United States to avoid prosecution for a crime of violence |
20 | or to avoid giving testimony in any criminal proceeding. |
21 | (8)(9) “Ghost gun” means a firearm, including a frame or receiver, that lacks a unique serial |
22 | number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, |
23 | maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. It does |
24 | not include a firearm that has been rendered permanently inoperable, or a firearm that is not |
25 | required to have a serial number in accordance with the federal Gun Control Act of 1968. |
26 | (9)(10) “Licensing authorities” means the board of police commissioners of a city or town |
27 | where the board has been instituted, the chief of police or superintendent of police of other cities |
28 | and towns having a regular organized police force, and, in towns where there is no chief of police |
29 | or superintendent of police, it means the town clerk who may issue licenses upon the |
30 | recommendation of the town sergeant, and it also means any other person or body duly authorized |
31 | by the city or town charter or by state law. |
32 | (10)(11) “Machine gun” means any weapon that shoots, is designed to shoot, or can be |
33 | readily restored to shoot automatically more than one shot, without manual reloading, by a single |
34 | function of the trigger. The term also includes the frame or receiver of the weapon, any combination |
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1 | of parts designed and intended for use in converting a weapon into a machine gun, and any |
2 | combination of parts from which a machine gun can be assembled if the parts are in the possession |
3 | or under the control of a person. |
4 | (11)(12) “Major component” means, with respect to a firearm: |
5 | (i) The slide or cylinder or the frame or receiver of the firearm; and |
6 | (ii) In the case of a rifle or shotgun, includes the barrel of the firearm. |
7 | (12)(13) “Person” includes an individual, partnership, firm, association, or corporation. |
8 | (13)(14) “Pistol” includes any pistol or revolver, and any shotgun, rifle, or similar weapon |
9 | with overall length less than twenty-six inches (26″), but does not include any pistol or revolver |
10 | designed for the use of blank cartridges only. |
11 | (14)(15) “Rifle” shall have the same meaning as in 26 U.S.C. § 5845(c), and by barrel |
12 | length and overall length not be subject to registration pursuant to the National Firearms Act, 26 |
13 | U.S.C. ch. 53 (prior § 5801 et seq.). |
14 | (15)(16) “Sawed-off rifle” means any rifle with overall length of less than twenty-six |
15 | inches (26″) or barrel length of less than sixteen inches (16″). |
16 | (16)(17) “Sawed-off shotgun” means any shotgun with overall length of less than twenty- |
17 | six inches (26″) or barrel length of less than eighteen inches (18″). |
18 | (17)(18) “Sell” includes let or hire, give, lend, and transfer, and “purchase” includes hire, |
19 | accept, and borrow, and “purchasing” shall be construed accordingly. |
20 | (18)(19) “Shotgun” shall have the same meaning as in 26 U.S.C. § 5845(d), and by barrel |
21 | length and overall length not be subject to registration pursuant to the National Firearms Act, 26 |
22 | U.S.C. ch. 53 (prior § 5801 et seq.). |
23 | (20) “Stun gun” means a battery powered handheld device that transmits an electric charge |
24 | from the device to a person, while touching or applying the device to a person, and is activated by |
25 | a trigger or button. |
26 | (19)(21) “Trigger crank” means a trigger actuator that attaches to the trigger of a semi- |
27 | automatic weapon and causes the weapon to fire by turning the crank handle. |
28 | (20)(22) “Undetectable firearm” means any firearm that: |
29 | (i) After removal of all parts, other than a major component, is not as detectable by walk- |
30 | through metal detectors commonly used at airports or other public buildings; or |
31 | (ii) Any major component of which, if subjected to inspection by the types of detection |
32 | devices commonly used at airports or other public buildings for security screening, would not |
33 | generate an image that accurately depicts the shape of the component; or |
34 | (iii) Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or |
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1 | (iv) Upon which the frame or receiver lacks a unique serial number engraved or cased into |
2 | on the frame or receiver by a licensed manufacturer, maker, or importer under federal law, or |
3 | markings in accordance with 27 C.F.R. § 479.102. Provided, however, this subsection shall not |
4 | apply to any firearm rendered permanently inoperable or a firearm manufactured prior to 1968. |
5 | 11-47-42. Weapons other than firearms prohibited. |
6 | (a)(1) No person shall carry or possess or attempt to use against another any instrument or |
7 | weapon of the kind commonly known as a blackjack, slingshot, billy, sandclub, sandbag, metal |
8 | knuckles, slap glove, bludgeon, stun-gun, or the so called “Kung-Fu” weapons. |
9 | (2) No person shall with intent to use unlawfully against another, carry or possess a |
10 | crossbow, dagger, dirk, stiletto, sword-in-cane, bowie knife, or other similar weapon designed to |
11 | cut and stab another. |
12 | (3) No person shall wear or carry concealed upon his person, any of the above-mentioned |
13 | instruments or weapons, or any razor, or knife of any description having a blade of more than three |
14 | (3) inches in length measuring from the end of the handle where the blade is attached to the end of |
15 | the blade, or other weapon of like kind or description. |
16 | Any person violating the provisions of these subsections shall be punished by a fine of not |
17 | more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both, |
18 | and the weapon so found shall be confiscated. |
19 | Any person violating the provisions of these subsections while he or she is incarcerated |
20 | within the confines of the adult correctional institutions shall be punished by a fine of not less than |
21 | one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment |
22 | for not less than one year nor more than five (5) years, or both, and the weapon so found shall be |
23 | confiscated. |
24 | (b) No person shall sell to a person under eighteen (18) years of age, without the written |
25 | authorization of the minor’s parent or legal guardian, any stink bomb, blackjack, slingshot, bill, |
26 | sandclub, sandbag, metal knuckles, slap glove, bludgeon, stungun, paint ball gun, so called “kung- |
27 | fu” weapons, dagger, dirk, stiletto, sword-in-cane, bowie knife, razor, or knife of any description |
28 | having a blade of more than three inches (3″) in length as described in subsection (a) of this section, |
29 | or any multi-pronged star with sharpened edges designed to be used as a weapon and commonly |
30 | known as a Chinese throwing star, except that an individual who is actually engaged in the |
31 | instruction of martial arts and licensed under § 5-43-1 may carry and possess any multi-pronged |
32 | star with sharpened edges for the sole purpose of instructional use. Any person violating the |
33 | provisions of this subsection shall be punished by a fine of not less than one thousand dollars |
34 | ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment for not less than one |
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1 | year nor more than five (5) years, or both, and the weapons so found shall be confiscated. |
2 | SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended |
3 | by adding thereto the following section: |
4 | 11-47-8.2. Purchase, possession, sale or use of stun gun or electronic dart gun. |
5 | (a) Except as otherwise prohibited by law or the provisions of § 11-47-5, a person eighteen |
6 | (18) years of age or over may purchase a stun gun or electronic dart gun. |
7 | (b) No person shall sell or attempt to sell, transfer, deliver or furnish a stun gun or electronic |
8 | dart gun to a person who is less than eighteen (18) years of age. Any person convicted of violating |
9 | the provisions of this subsection shall be guilty of a felony and may be punished by imprisonment |
10 | for not more than five (5) years. |
11 | (c) No person shall use or attempt to use a stun gun or electronic dart gun in the commission |
12 | of a crime. Any person convicted of violating the provisions of this subsection shall be guilty of a |
13 | felony and may be punished by a fine of up to ten thousand dollars ($10,000), or by imprisonment |
14 | for not more than ten (10) years, or both. |
15 | (d) No person shall use or attempt to use a stun gun or electronic dart gun on a police officer |
16 | who is engaged in the performance of their duty. Any person convicted of violating the provisions |
17 | of this subsection shall be guilty of a felony and may be punished by a fine of up to ten thousand |
18 | dollars ($10,000), or by imprisonment for not more than ten (10) years, or both. Any sentence |
19 | imposed upon a person pursuant to this subsection shall be imposed consecutively to and not |
20 | concurrently with any sentence imposed for the underlying crime or attempted crime, and the |
21 | person shall not be afforded the benefits of suspension or deferment of sentence. |
22 | (e) No person shall purchase, own, carry, transport, or have in their possession any stun |
23 | gun or electronic dart gun if that person is prohibited from possessing a firearm pursuant to § 11- |
24 | 47-5, or has, in this state or elsewhere, entered a plea of nolo contendere to or been convicted of a |
25 | felony. |
26 | 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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1 | This act would provide that a person over the age of eighteen (18) years can purchase and |
2 | possess a stun gun or electronic dart gun and also prohibits the sale of a stun gun or electronic dart |
3 | gun to any person under the age of eighteen (18) years. It would also criminalize the use of a stun |
4 | gun or electronic dart gun in any criminal offense or the use of a stun gun or electronic dart gun |
5 | against any police officer engaged in the execution of their duty. |
6 | This act would take effect upon passage. |
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