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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- H 5300 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000870 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO CRIMINAL OFFENSES -- ASSAULT WEAPONS |
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| 16 | 16 | | Introduced By: Representatives Knight, Caldwell, Batista, Felix, Craven, McEntee, |
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| 17 | 17 | | Kazarian, Ajello, Giraldo, and Boylan |
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| 18 | 18 | | Date Introduced: February 01, 2023 |
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| 19 | 19 | | Referred To: House Judiciary |
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| 20 | 20 | | (Governor/Lt. Governor/General Treasurer/ Secretary of State/Attorney General) |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby 1 |
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| 24 | 24 | | amended by adding thereto the following chapter: 2 |
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| 25 | 25 | | CHAPTER 47.2 3 |
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| 26 | 26 | | ASSAULT WEAPONS 4 |
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| 27 | 27 | | 11-47.2-1. Short title. 5 |
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| 28 | 28 | | This chapter shall be known and may be cited as the "Rhode Island Assault Weapons Bank 6 |
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| 29 | 29 | | of 2023". 7 |
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| 30 | 30 | | 11-47.2-2. Definitions. 8 |
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| 31 | 31 | | When used in this chapter: 9 |
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| 32 | 32 | | (1) "Ammunition feeding device" means a magazine, box, drum, tube, belt, feed strip, or 10 |
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| 33 | 33 | | device which is capable of holding ammunition to be fed continuously and directly therefrom into 11 |
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| 34 | 34 | | a semi-automatic firearm. The term shall not include an attached tubular device which is capable 12 |
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| 35 | 35 | | of holding only .22 caliber rimfire ammunition. 13 |
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| 36 | 36 | | (2) "Assault weapon" means: 14 |
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| 37 | 37 | | (i) A semi-automatic shotgun with a fixed magazine capacity exceeding six (6) rounds, or 15 |
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| 38 | 38 | | that has the ability to accept a detachable magazine and has either a pistol grip, or a folding or 16 |
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| 39 | 39 | | telescopic stock. 17 |
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| 40 | 40 | | (ii) A semi-automatic rifle with a fixed magazine capacity exceeding ten (10) rounds or 18 |
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| 41 | 41 | | that has the ability to accept a detachable magazine and has at least one of the following features: 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC000870 - Page 2 of 8 |
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| 45 | 45 | | (A) A folding or telescoping stock; 1 |
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| 46 | 46 | | (B) A pistol grip that protrudes conspicuously beneath the action of the weapon; 2 |
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| 47 | 47 | | (C) A bayonet mount; 3 |
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| 48 | 48 | | (D) A flash suppressor or threaded barrel designed to accommodate a flash suppressor; or 4 |
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| 49 | 49 | | (E) A grenade launcher. 5 |
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| 50 | 50 | | (iii) A semi-automatic pistol that has an ability to accept a detachable magazine and has at 6 |
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| 51 | 51 | | least one of the following features: 7 |
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| 52 | 52 | | "Assault weapon" shall not include a semi-automatic rifle which has an attached tubular 8 |
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| 53 | 53 | | device and which is capable of operating only with .22 caliber rimfire ammunition. 9 |
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| 54 | 54 | | (A) The capacity to accept an ammunition magazine at a location outside of the pistol grip; 10 |
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| 55 | 55 | | (B) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward 11 |
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| 56 | 56 | | handgrip, or silencer; 12 |
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| 57 | 57 | | (C) A shroud that is attached to, or partially or completely encircles, the barrel and that 13 |
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| 58 | 58 | | permits the shooter to hold the firearm with the non-trigger hand without being burned but 14 |
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| 59 | 59 | | excluding a slide that encloses the barrel; 15 |
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| 60 | 60 | | (D) A manufactured weight of fifty ounces (50 oz.) or more when the pistol is unloaded. 16 |
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| 61 | 61 | | (3) "Detachable magazine" means an ammunition feeding device that attaches to a firearm 17 |
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| 62 | 62 | | and which can be removed without disassembly of the firearm, including an ammunition feeding 18 |
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| 63 | 63 | | device that may be readily removed from a firearm with the use of a bullet, cartridge, accessory, or 19 |
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| 64 | 64 | | other tool, or any other object that functions as a tool. 20 |
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| 65 | 65 | | (4) "Federally licensed firearm dealer" means a person who holds a valid federal firearm 21 |
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| 66 | 66 | | dealers license issued pursuant to 18 U.S.C. § 923(a). 22 |
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| 67 | 67 | | (5) "Federally licensed gunsmith" means a person who holds a valid federal firearm 23 |
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| 68 | 68 | | gunsmiths license issued pursuant to 18 U.S.C. § 923(a). 24 |
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| 69 | 69 | | (6) "Fixed magazine" means an ammunition feeding device that is permanently fixed to the 25 |
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| 70 | 70 | | firearm in such a manner that it cannot be removed without disassembly of the firearm, or contained 26 |
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| 71 | 71 | | in and not removable from a firearm, or that is otherwise not a detachable magazine, but does not 27 |
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| 72 | 72 | | include an attached tubular device designed to accept, and capable of operating only with, .22 28 |
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| 73 | 73 | | caliber rimfire ammunition. 29 |
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| 74 | 74 | | (7) "Folding, telescoping, or detachable stock" means a stock that folds, telescopes, 30 |
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| 75 | 75 | | detaches or otherwise operates to reduce the length, size, or any other dimension, or otherwise 31 |
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| 76 | 76 | | enhances the concealability, of a firearm. 32 |
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| 77 | 77 | | (8) "Forward grip" means a grip or handle located forward of the trigger. 33 |
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| 78 | 78 | | (9) "Grandfathered assault weapon" means any assault weapon for which a certificate of 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC000870 - Page 3 of 8 |
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| 82 | 82 | | possession has been issued pursuant to § 11-47.2-4. 1 |
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| 83 | 83 | | (10) "Grenade launcher" means a device designed to fire, launch or propel a grenade. 2 |
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| 84 | 84 | | (11) "Pistol grip" means a well-defined handle, similar to that found on a handgun, that 3 |
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| 85 | 85 | | protrudes conspicuously beneath the action of the weapon, and which permits the firearm to be held 4 |
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| 86 | 86 | | and fired with one hand. 5 |
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| 87 | 87 | | (12) "Secure storage" means a firearm that is stored in a locked container or equipped with 6 |
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| 88 | 88 | | a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such 7 |
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| 89 | 89 | | weapon inoperable by any person other than the owner or other lawfully authorized user. 8 |
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| 90 | 90 | | (13) "Semi-automatic" means a firearm which fires a single projectile for each single pull 9 |
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| 91 | 91 | | of the trigger and is self-reloading or automatically chambers a round, cartridge, or bullet. 10 |
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| 92 | 92 | | (14) "Threaded barrel" means threads on the muzzle end of a barrel and shall include, but 11 |
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| 93 | 93 | | not be limited to, any barrel on which a flash suppressor, muzzle brake or silencer has been attached. 12 |
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| 94 | 94 | | 11-47.2-3. Restrictions on manufacture, sale, purchase and possession of assault 13 |
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| 95 | 95 | | weapons. 14 |
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| 96 | 96 | | (a) No person shall manufacture, sell, offer to sell, transfer, purchase, possess, or have 15 |
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| 97 | 97 | | under his or her control an assault weapon, except as otherwise authorized under this section. Any 16 |
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| 98 | 98 | | person convicted of violating this subsection shall be punished by imprisonment of not more than 17 |
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| 99 | 99 | | ten (10) years, or by a fine up to ten thousand dollars ($10,000), and the assault weapon shall be 18 |
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| 100 | 100 | | subject to forfeiture. 19 |
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| 101 | 101 | | (b) Subsection (a) of this section shall not apply to: 20 |
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| 102 | 102 | | (1) A person who, on the effective date of this chapter, lawfully possessed an assault 21 |
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| 103 | 103 | | weapon and who, within one year of the effective date of this chapter: 22 |
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| 104 | 104 | | (i) Registers the assault weapon with the police department in the city or town where the 23 |
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| 105 | 105 | | person resides or, if there is no such police department or the person resides out of state, with the 24 |
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| 106 | 106 | | Rhode Island state police in accordance with the provisions of this section; or 25 |
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| 107 | 107 | | (ii) Renders the assault weapon permanently inoperable, as provided in subsection (d) of 26 |
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| 108 | 108 | | this section; or 27 |
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| 109 | 109 | | (iii) Surrenders the assault weapon to the police department in the city or town where the 28 |
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| 110 | 110 | | person resides, or, if there is no such police department or the person resides out of state, to the 29 |
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| 111 | 111 | | Rhode Island state police, in accordance with the procedures for surrender of weapons set forth by 30 |
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| 112 | 112 | | the police department or the Rhode Island state police; or 31 |
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| 113 | 113 | | (iv) Transfers or sells the assault weapon to a federally licensed firearm dealer or person 32 |
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| 114 | 114 | | or firm lawfully entitled to own or possess such weapon. 33 |
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| 115 | 115 | | (2)(i) A law enforcement officer who is not otherwise prohibited from receiving such a 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC000870 - Page 4 of 8 |
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| 119 | 119 | | weapon and who is either: 1 |
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| 120 | 120 | | (A) Exempt under §§ 11-47-9 and 11-47-9.1; or 2 |
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| 121 | 121 | | (B) A qualified law enforcement officer under 18 U.S.C. 926B(c) and who is carrying the 3 |
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| 122 | 122 | | identification required by 18 U.S.C. 926B(d); or 4 |
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| 123 | 123 | | (ii) A retired law enforcement officer who is not otherwise prohibited from receiving such 5 |
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| 124 | 124 | | a weapon upon retirement and who is either: 6 |
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| 125 | 125 | | (A) Exempt under §§ 11-47-9 and 11-47-9.1 and has a permit to carry pursuant to § 11-47-7 |
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| 126 | 126 | | 18(b); or 8 |
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| 127 | 127 | | (B) A qualified retired law enforcement officer under 18 U.S.C. 926C(c) and who is 9 |
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| 128 | 128 | | carrying the identification required by 18 U.S.C. 926C(d). 10 |
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| 129 | 129 | | (3) An active duty member of the Armed Forces of the United States or the national guard 11 |
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| 130 | 130 | | who is authorized to possess and carry assault weapons. 12 |
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| 131 | 131 | | (4) A federally licensed firearms dealer who manufactures, purchases, possesses or has 13 |
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| 132 | 132 | | under his or her control an assault weapon, or who sells, offers to sell, or transfers an assault weapon 14 |
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| 133 | 133 | | to another federally licensed firearms dealer, to an individual who identified in subsections (b)(2) 15 |
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| 134 | 134 | | or (b)(3) of this section, or to an individual outside the state who may lawfully possess such weapon. 16 |
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| 135 | 135 | | (c) If the holder of a certificate to possess an assault weapon dies, or if the owner of an 17 |
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| 136 | 136 | | assault weapon which has been registered pursuant to this chapter dies, then the heirs or estate of 18 |
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| 137 | 137 | | the deceased person shall have one hundred eighty (180) days from the date of death to transfer the 19 |
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| 138 | 138 | | firearm to a federally licensed firearm dealer or person or firm lawfully entitled to own or possess 20 |
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| 139 | 139 | | such firearm; voluntarily surrender the firearm to the police department in the city or town where 21 |
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| 140 | 140 | | the deceased resided, or to the Rhode Island state police; remove the assault weapon from the state; 22 |
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| 141 | 141 | | within ninety (90) days of obtaining title, register the assault weapon in accordance with the 23 |
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| 142 | 142 | | provisions of § 11-47.2-4; or, render such weapon permanently inoperable. 24 |
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| 143 | 143 | | (d) If the owner of an assault weapon elects to render such weapon permanently inoperable, 25 |
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| 144 | 144 | | the owner shall file a certification under penalty of perjury on a form prescribed by the 26 |
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| 145 | 145 | | superintendent of the state police indicating the date on which the assault weapon was rendered 27 |
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| 146 | 146 | | permanently inoperable. This certification shall be filed with either the chief law enforcement 28 |
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| 147 | 147 | | officer of the municipality in which the owner resides or, if there is no such police department or 29 |
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| 148 | 148 | | in the case of an owner who resides outside this state but stores or possesses an assault weapon in 30 |
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| 149 | 149 | | this state, with the superintendent of the state police. For purposes of this section, "permanently 31 |
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| 150 | 150 | | inoperable" shall mean that the assault weapon is altered in such a manner that it is incapable of 32 |
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| 151 | 151 | | discharging a shot by means of an explosive and incapable of being readily restored to a firing 33 |
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| 152 | 152 | | condition. 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC000870 - Page 5 of 8 |
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| 156 | 156 | | 11-47.2-4. Registration of assault weapons. 1 |
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| 157 | 157 | | (a) Notwithstanding the provisions of § 11-47-41, the owner of an assault weapon lawfully 2 |
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| 158 | 158 | | possessed on or before the effective date of this statute shall have one year from the effective date 3 |
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| 159 | 159 | | of this statute to register that weapon. In order to register an assault weapon, the owner shall: 4 |
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| 160 | 160 | | (1) Complete an assault weapon registration statement, in the form to be prescribed by the 5 |
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| 161 | 161 | | superintendent of the state police; 6 |
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| 162 | 162 | | (2) Submit to a fingerprint-supported criminal background check to ascertain whether the 7 |
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| 163 | 163 | | person is disqualified from the possession of firearms under this chapter; and, 8 |
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| 164 | 164 | | (3) Pay a registration fee of twenty-five dollars ($25.00) per each person registering one or 9 |
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| 165 | 165 | | more assault weapons; 10 |
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| 166 | 166 | | (b) The information to be provided in the registration statement shall include: 11 |
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| 167 | 167 | | (1) The full name, date of birth, address, motor vehicle operator’s license number or state 12 |
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| 168 | 168 | | identification card number of the registrant; 13 |
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| 169 | 169 | | (2) The make, model, caliber, and serial number of the assault weapon being registered; 14 |
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| 170 | 170 | | and 15 |
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| 171 | 171 | | (3) Each registration statement shall be signed by the registrant, and the signature shall 16 |
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| 172 | 172 | | constitute a representation of the accuracy of the information contained in the registration 17 |
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| 173 | 173 | | statement. 18 |
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| 174 | 174 | | (c) For an applicant who resides in a municipality with an organized full-time police 19 |
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| 175 | 175 | | department, the registration shall take place at the main office of the police department. For all 20 |
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| 176 | 176 | | other applicants, the registration shall take place at a Rhode Island state police barracks. 21 |
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| 177 | 177 | | (d) Within ninety (90) days of the effective date of this chapter, the superintendent of the 22 |
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| 178 | 178 | | state police shall prepare the registration statement as described in subsection (a) of this section and 23 |
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| 179 | 179 | | a certificate of inoperability as described in § 11-47.2-3(d), and shall provide a suitable supply of 24 |
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| 180 | 180 | | such statements to each organized full-time municipal police department and each state police 25 |
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| 181 | 181 | | barracks. 26 |
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| 182 | 182 | | (e) One copy of the completed assault weapons registration statement shall be returned to 27 |
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| 183 | 183 | | the registrant and shall constitute a certificate of possession of that assault weapon. A second copy 28 |
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| 184 | 184 | | shall be sent to the superintendent, and, if the registration takes place at a municipal police 29 |
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| 185 | 185 | | department, a third copy shall be retained by that municipal police department. A fourth copy of 30 |
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| 186 | 186 | | the registration statement shall be sent to the attorney general. 31 |
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| 187 | 187 | | (f) A certificate of possession shall only authorize the possession of the assault weapon 32 |
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| 188 | 188 | | specified in the certificate. Any person in possession of multiple assault weapons on the effective 33 |
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| 189 | 189 | | date of this chapter must submit a separate registration statement in order to obtain a certificate of 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC000870 - Page 6 of 8 |
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| 193 | 193 | | possession for each of the assault weapons of which they wish to retain possession. 1 |
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| 194 | 194 | | (g) The name and address of a person issued a certificate of possession shall be kept 2 |
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| 195 | 195 | | confidential and shall not be disclosed without a lawful court order, except such records may be 3 |
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| 196 | 196 | | disclosed to state or federal law enforcement officers and state and federal probation and parole 4 |
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| 197 | 197 | | officers acting in the performance of their duties. 5 |
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| 198 | 198 | | 11-47.2-5. Use and possession of assault weapons with certificate of possession. 6 |
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| 199 | 199 | | (a) Any person who has been issued a certificate of possession for an assault weapon as 7 |
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| 200 | 200 | | provided for in this section, may possess the assault weapon only under the following conditions: 8 |
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| 201 | 201 | | (1) At that person's residence, place of business or other property owned by that person, or 9 |
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| 202 | 202 | | on property owned by another person with the property owner's express permission, except the 10 |
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| 203 | 203 | | grandfathered assault weapon shall be kept in secure storage when not in the immediate possession 11 |
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| 204 | 204 | | and control of the grandfathered assault weapon owner; 12 |
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| 205 | 205 | | (2) While on a target range which holds a regulatory or business license for the purpose of 13 |
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| 206 | 206 | | practicing shooting at that target range; 14 |
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| 207 | 207 | | (3) While on the premises of a licensed shooting club; 15 |
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| 208 | 208 | | (4) While attending any exhibition, display or educational project which is about firearms 16 |
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| 209 | 209 | | and which is sponsored by, conducted under the auspices of, or approved by a law enforcement 17 |
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| 210 | 210 | | agency or a nationally or state recognized entity that fosters proficiency in, or promotes education 18 |
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| 211 | 211 | | about, firearms; 19 |
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| 212 | 212 | | (5) While transporting the grandfathered assault weapon to any licensed gun dealer for 20 |
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| 213 | 213 | | servicing or repair; or 21 |
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| 214 | 214 | | (6) While transporting an assault weapon between any of the places set forth in subsections 22 |
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| 215 | 215 | | (a)(1) through (a)(5) of this section provided the assault weapon is placed in a secure storage. 23 |
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| 216 | 216 | | (b) Any person who violates the provisions of subsection (a) of this section, shall be fined 24 |
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| 217 | 217 | | not more than two thousand five hundred dollars ($2,500) or imprisoned not more than three (3) 25 |
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| 218 | 218 | | years, or both, and shall be subject to forfeiture of the assault weapon pursuant to § 11-47-22. 26 |
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| 219 | 219 | | 11-47.2-6. Licensed firearm dealers -- Certificate of transfer. 27 |
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| 220 | 220 | | (a) If an owner of a grandfathered assault weapon sells or transfers the assault weapon to a 28 |
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| 221 | 221 | | federally licensed firearm dealer, such dealer shall, at the time of delivery of the firearm, in addition 29 |
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| 222 | 222 | | to any other reports required by law, execute a certificate of transfer and cause copies of the 30 |
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| 223 | 223 | | certificate of transfer to be mailed or delivered to the superintendent of the state police and the 31 |
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| 224 | 224 | | attorney general. 32 |
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| 225 | 225 | | (b) The certificate of transfer shall contain: 33 |
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| 226 | 226 | | (1) The date of sale or transfer; 34 |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LC000870 - Page 7 of 8 |
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| 230 | 230 | | (2) The full name, date of birth, address, motor vehicle operator’s license number or state 1 |
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| 231 | 231 | | identification card number of the seller or transferor; 2 |
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| 232 | 232 | | (3) The federally licensed firearm dealer's federal firearms license number and seller or 3 |
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| 233 | 233 | | transferor's certificate of possession number; and 4 |
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| 234 | 234 | | (4) A description of the grandfathered assault weapon, including the caliber of the assault 5 |
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| 235 | 235 | | weapon and its make, model and serial number. 6 |
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| 236 | 236 | | (c) The federally licensed firearm dealer shall retain possession of the seller or transferor’s 7 |
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| 237 | 237 | | certificate of possession and affix the certificate of possession to the certificate of transfer before 8 |
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| 238 | 238 | | mailing or delivering copies of the certificate of transfer to the superintendent of the state police 9 |
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| 239 | 239 | | and the attorney general. 10 |
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| 240 | 240 | | (d) A federally licensed firearm dealer may receive and possess a lawfully grandfathered 11 |
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| 241 | 241 | | assault weapon at their business premises, lawfully transport the grandfathered assault weapon 12 |
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| 242 | 242 | | between dealers or out of the state, or lawfully sell or transfer the firearm outside the state. 13 |
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| 243 | 243 | | (e) A federally licensed firearm dealer may take possession of a grandfathered assault 14 |
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| 244 | 244 | | weapon for the purposes of servicing or repair from any person to whom certificate of possession 15 |
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| 245 | 245 | | for such weapon has been issued pursuant this chapter. 16 |
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| 246 | 246 | | (f) A federally licensed firearm dealer may temporarily transfer possession of a 17 |
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| 247 | 247 | | grandfathered assault weapon received pursuant to subsection (a) of this section to a federally 18 |
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| 248 | 248 | | licensed gunsmith for the purpose of servicing or repairing the firearm. 19 |
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| 249 | 249 | | 11-47.2-7. Severability. 20 |
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| 250 | 250 | | If any provisions of the act or the application thereof to any person or circumstances is held 21 |
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| 251 | 251 | | invalid, such invalidity shall not affect any other provisions or applications of this act, which can 22 |
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| 252 | 252 | | be given effect without the invalid provision or application, and to this end the provisions of this 23 |
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| 253 | 253 | | act are declared to be severable. 24 |
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| 254 | 254 | | SECTION 2. This act shall take effect upon passage. 25 |
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| 255 | 255 | | ======== |
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| 256 | 256 | | LC000870 |
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| 257 | 257 | | ======== |
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| 258 | 258 | | |
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| 259 | 259 | | |
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| 260 | 260 | | LC000870 - Page 8 of 8 |
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| 261 | 261 | | EXPLANATION |
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| 262 | 262 | | BY THE LEGISLATIVE COUNCIL |
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| 263 | 263 | | OF |
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| 264 | 264 | | A N A C T |
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| 265 | 265 | | RELATING TO CRIMINAL OFFENSES -- ASSAULT WEAPONS |
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| 266 | 266 | | *** |
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| 267 | 267 | | This act would ban the possession, sale, and transfer of assault weapons. Possession of 1 |
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| 268 | 268 | | assault weapons owned on the effective date of this act would be "grandfathered" subject to certain 2 |
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| 269 | 269 | | registration provisions. Violations are punishable by a fine of up to ten thousand dollars ($10,000), 3 |
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| 270 | 270 | | or up to ten (10) years imprisonment. 4 |
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| 271 | 271 | | This act would take effect upon passage. 5 |
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| 272 | 272 | | ======== |
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| 273 | 273 | | LC000870 |
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| 274 | 274 | | ======== |
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