Rhode Island 2023 Regular Session

Rhode Island House Bill H5368 Compare Versions

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55 2023 -- H 5368
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77 LC000496
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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO CRIMINAL OFFENSES -- WEAPONS
1616 Introduced By: Representatives Place, Rea, Chippendale, Nardone, and Roberts
1717 Date Introduced: February 03, 2023
1818 Referred To: House Judiciary
1919
2020
2121 It is enacted by the General Assembly as follows:
2222 SECTION 1. Sections 11-47-2, 11-47-11, 11-47-12 and 11-47-18 of the General Laws in 1
2323 Chapter 11-47 entitled "Weapons" are hereby amended to read as follows: 2
2424 11-47-2. Definitions. 3
2525 When used in this chapter, the following words and phrases are construed as follows: 4
2626 (1) “3D printing process” means 3D printing or additive manufacturing which is a process 5
2727 of making three (3) dimensional solid objects from a computer file and shall include any of various 6
2828 processes in which material is joined or solidified under computer control to create a three (3) 7
2929 dimensional object, with material being added together including liquid molecules or powder 8
3030 grains. 9
3131 (2) “Antique firearm” is defined as that term is defined under the provisions of 18 U.S.C. 10
3232 § 921. 11
3333 (3) “Binary trigger” means a device that replaces a standard trigger on a semi-automatic 12
3434 weapon and is designed to fire one round on the pull of the trigger and another round upon release 13
3535 of the trigger. 14
3636 (4) “Bump-fire stock” means any device that replaces a semi-automatic weapon’s standard 15
3737 stock and is designed to slide back and forth rapidly, harnessing the weapon’s recoil to rapidly fire 16
3838 the weapon. 17
3939 (5) “Crime of violence” means and includes any of the following crimes or an attempt to 18
4040 commit any of them: murder, manslaughter, rape, first- or second-degree sexual assault, first- or 19
4141
4242
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4444 second-degree child molestation, kidnapping, first- and second-degree arson, mayhem, robbery, 1
4545 burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or 2
4646 delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a 3
4747 controlled substance classified in schedule I or schedule II of § 21-28-2.08, any violation of § 21-4
4848 28-4.01.1 or § 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a 5
4949 dangerous weapon, assault or battery involving grave bodily injury, or assault with intent to commit 6
5050 any offense punishable as a felony; upon any conviction of an offense punishable as a felony 7
5151 offense under § 12-29-5. 8
5252 (6) “Firearm” includes any machine gun, pistol, rifle, air rifle, air pistol, “blank gun,” “BB 9
5353 gun,” or other instrument from which steel or metal projectiles are propelled, or that may readily 10
5454 be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except 11
5555 instruments propelling projectiles that are designed or normally used for a primary purpose other 12
5656 than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under the 13
5757 provisions of this section. 14
5858 (7) “Fugitive from justice” means any person who has fled from any state, territory, the 15
5959 District of Columbia, or possession of the United States to avoid prosecution for a crime of violence 16
6060 or to avoid giving testimony in any criminal proceeding. 17
6161 (8) “Ghost gun” means a firearm, including a frame or receiver, that lacks a unique serial 18
6262 number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, 19
6363 maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. It does 20
6464 not include a firearm that has been rendered permanently inoperable, or a firearm that is not 21
6565 required to have a serial number in accordance with the federal Gun Control Act of 1968. 22
6666 (9) “Licensing authorities” means the board of police commissioners of a city or town 23
6767 where the board has been instituted, the chief of police or superintendent of police of other cities 24
6868 and towns having a regular organized police force, and, in towns where there is no chief of police 25
6969 or superintendent of police, it means the town clerk who may issue licenses upon the 26
7070 recommendation of the town sergeant, and it also means any other person or body duly authorized 27
7171 by the city or town charter or by state law. 28
7272 (10) “Machine gun” means any weapon that shoots, is designed to shoot, or can be readily 29
7373 restored to shoot automatically more than one shot, without manual reloading, by a single function 30
7474 of the trigger. The term also includes the frame or receiver of the weapon, any combination of parts 31
7575 designed and intended for use in converting a weapon into a machine gun, and any combination of 32
7676 parts from which a machine gun can be assembled if the parts are in the possession or under the 33
7777 control of a person. 34
7878
7979
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8181 (11) “Major component” means, with respect to a firearm: 1
8282 (i) The slide or cylinder or the frame or receiver of the firearm; and 2
8383 (ii) In the case of a rifle or shotgun, includes the barrel of the firearm. 3
8484 (12) “Person” includes an individual, partnership, firm, association, or corporation. 4
8585 (13) “Pistol” includes any pistol or revolver, and any shotgun, rifle, or similar weapon with 5
8686 overall length less than twenty-six inches (26″), but does not include any pistol or revolver designed 6
8787 for the use of blank cartridges only. 7
8888 (14) “Rifle” shall have the same meaning as in 26 U.S.C. § 5845(c), and by barrel length 8
8989 and overall length not be subject to registration pursuant to the National Firearms Act, 26 U.S.C. 9
9090 ch. 53 (prior § 5801 et seq.). 10
9191 (15) “Sawed-off rifle” means any rifle with overall length of less than twenty-six inches 11
9292 (26″) or barrel length of less than sixteen inches (16″). 12
9393 (16) “Sawed-off shotgun” means any shotgun with overall length of less than twenty-six 13
9494 inches (26″) or barrel length of less than eighteen inches (18″). 14
9595 (17) “Sell” includes let or hire, give, lend, and transfer, and “purchase” includes hire, 15
9696 accept, and borrow, and “purchasing” shall be construed accordingly. 16
9797 (18) “Shotgun” shall have the same meaning as in 26 U.S.C. § 5845(d), and by barrel length 17
9898 and overall length not be subject to registration pursuant to the National Firearms Act, 26 U.S.C. 18
9999 ch. 53 (prior § 5801 et seq.). 19
100100 (19) "Suitable person" means any person who is not prohibited by state law from possessing 20
101101 a pistol or revolver. A person may be considered unsuitable if the licensing authority has clear and 21
102102 convincing evidence that the person is a clear and present danger to him or herself, or to another 22
103103 person. Any person shall be considered unsuitable if the law enforcement agency doing the 23
104104 background check or the department of attorney general has evidence which supports a good faith 24
105105 belief that the person is a member of a criminal street gang as defined in § 12-19-39(a). 25
106106 (19)(20) “Trigger crank” means a trigger actuator that attaches to the trigger of a semi-26
107107 automatic weapon and causes the weapon to fire by turning the crank handle. 27
108108 (20)(21) “Undetectable firearm” means any firearm that: 28
109109 (i) After removal of all parts, other than a major component, is not as detectable by walk-29
110110 through metal detectors commonly used at airports or other public buildings; or 30
111111 (ii) Any major component of which, if subjected to inspection by the types of detection 31
112112 devices commonly used at airports or other public buildings for security screening, would not 32
113113 generate an image that accurately depicts the shape of the component; or 33
114114 (iii) Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or 34
115115
116116
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118118 (iv) Upon which the frame or receiver lacks a unique serial number engraved or cased into 1
119119 on the frame or receiver by a licensed manufacturer, maker, or importer under federal law, or 2
120120 markings in accordance with 27 C.F.R. § 479.102. Provided, however, this subsection shall not 3
121121 apply to any firearm rendered permanently inoperable or a firearm manufactured prior to 1968. 4
122122 11-47-11. License or permit to carry concealed pistol or revolver. 5
123123 (a) The licensing authorities of any city or town shall, upon application of any person 6
124124 twenty-one (21) years of age or over having a bona fide residence or place of business within the 7
125125 city or town, or of any person twenty-one (21) years of age or over having a bona fide residence 8
126126 within the United States and a license or permit to carry a pistol or revolver concealed upon his or 9
127127 her person issued by the authorities of any other state or subdivision of the United States, issue a 10
128128 license or permit to the person to carry concealed upon his or her person a pistol or revolver 11
129129 everywhere within this state for four (4) years from date of issue, if it appears that the applicant has 12
130130 good reason to fear an injury to his or her person or property or has any other proper lawful reason 13
131131 for carrying a pistol or revolver, and that he or she is a suitable person to be so licensed, subject to 14
132132 the provisions of §§ 11-47-12 and 11-47-15. Self-defense shall be considered a proper purpose and 15
133133 lawful reason. 16
134134 (1) The license or permit shall be in triplicate in form to be prescribed by the attorney 17
135135 general and shall bear the fingerprint, photograph, name, address, description, and signature of the 18
136136 licensee and the reason given for desiring a license or permit and in no case shall it contain the 19
137137 serial number of any firearm. The original shall be delivered to the licensee. 20
138138 (2) The licensing authority shall retain a copy of the permit for its records and send a second 21
139139 copy to the department of attorney general. All permits issued or renewed pursuant to this section 22
140140 shall be recorded in the Rhode Island criminal history data base, or its successor system. 23
141141 (3) Any member of the licensing authority, its agents, servants, and employees shall be 24
142142 immune from suit in any action, civil or criminal, based upon any official act or decision, performed 25
143143 or made in good faith in issuing a license or permit under this chapter. 26
144144 (b) Notwithstanding any other chapter or section of the general laws of the state of Rhode 27
145145 Island, the licensing authority of any city or town shall not provide or release to any individua l, 28
146146 firm, association or corporation the name, address, or date of birth of any person who has held or 29
147147 currently holds a license or permit to carry a concealed pistol or revolver. This section shall not be 30
148148 construed to prohibit the release of any statistical data of a general nature relative to age, gender 31
149149 and racial or ethnic background nor shall it be construed to prevent the release of information to 32
150150 parties involved in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal 33
151151 or civil action which the person is a party to that action. 34
152152
153153
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155155 (c) The licensing authority shall, within fourteen (14) calendar days, return any incomplete 1
156156 application to the applicant along with a written explanation, stating with specificity, why the 2
157157 application is incomplete. 3
158158 (d) The licensing authority shall approve or deny a complete application within ninety (90) 4
159159 calendar days of receiving it. 5
160160 (1) Within seven (7) business days after approval, the license shall be made available for 6
161161 the applicant to pick up in person or, at the request and expense of the applicant, be delivered by 7
162162 mail. 8
163163 (2) Any denial shall be in writing and state with specificity the reason(s) and evidence upon 9
164164 which the licensing authority based its decision on and the rationale for the denial. 10
165165 (3) Failure by the licensing authority to approve or deny within the time allowed shall 11
166166 constitute a denial for the sole purpose of permitting an appeal by the applicant and for no other 12
167167 purpose, and shall create a presumption that no evidence exists indicating that the applicant is 13
168168 unsuitable. 14
169169 (e) Any permit issued pursuant to this section is eligible to be renewed if it is not expired, 15
170170 or has been expired for less than six (6) months. Any person whose permit has been expired for six 16
171171 (6) months or more shall apply for a new permit under this section. 17
172172 (f) Each licensing authority shall make its application available to any person by: 18
173173 (1) Posting it on its website, if it has one; and 19
174174 (2) Making it immediately available, free of charge, to any person who requests it; and 20
175175 (3) Upon request, providing a copy by regular mail using the United States postal service. 21
176176 (g) All applications shall require two (2) forms of identification, such as a driver’s license, 22
177177 state issued non-driver identification card, concealed carry permit issued by any state or political 23
178178 subdivision of any state, passport, immigration documentation, military identification, student 24
179179 identification, social security card or a birth certificate. At least one of these items shall be a 25
180180 government issued photo identification. 26
181181 (1) The licensing authority shall only use the applicant’s social security number for the 27
182182 background check. 28
183183 (h) All applications shall include a federal bureau of investigation (FBI) fingerprint card 29
184184 {(FD-258) (Rev. 9-9-13 or successor version)}, or provide fingerprints by live-scan, with the 30
185185 application, except that this subsection shall not be a requirement for a renewal applicant. 31
186186 (i) All Applications shall include a copy of the instructor’s credentials for the instructor 32
187187 who certified their firing score on their application. 33
188188 (j) All licensing authorities of a city or town shall use the following application: 34
189189
190190
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192192 Application for a concealed carry license pursuant to RIGL § 11-47-11 1
193193 Name: __________________________________________________________________ 2
194194 Address: 3
195195 __________________________________________________________________ 4
196196 (Street and number) (City or town) (State) (ZIP) 5
197197 Date of Birth: _________________ Place of Birth_____________________ 6
198198 Height: __________ Weight: __________ Color hair: ___________ Color eyes: __ 7
199199 Are you a citizen of the United States?_____________________ 8
200200 If you are not a US citizen, please list your admission/INS number: ____________ 9
201201 ARMY L or RI COMBAT COURSE shooting score: ______________________ 10
202202 Name and certification number of NRA or RI instructor: _____________________ 11
203203 Signature of instructor: 12
204204 __________________________________________________________ 13
205205 Have you ever been convicted of a crime of violence (Pursuant to §11-47-2)? ____ 14
206206 Are you a fugitive from justice (Pursuant to §11-47-2)?______________________ 15
207207 Have you ever been adjudicated as being addicted to a controlled substance (Pursuant to 16
208208 §11-47-6)? __________________________ 17
209209 Have you ever been adjudicated as being mentally incompetent (Pursuant to §11-47-6)? 18
210210 _______ 19
211211 Have you been dishonorably discharged from the United States Military? _______ 20
212212 To your knowledge, are you prohibited by federal or state law from possessing a firearm? 21
213213 __________ 22
214214 For what lawful purpose do you seek to carry a pistol or revolver? 23
215215 ______________________________________________________________ 24
216216 Applicant's signature: 25
217217 ______________________________________________________________ 26
218218 (See § 11-47-23 for penalty for false information provided on this application) 27
219219 AFFIDAVIT: I certify that I have read and am familiar with the provisions of the Firearms 28
220220 Act, chapter 47 of title 11, of the general laws of the State of Rhode Island and that I am aware of 29
221221 the penalties for violation of the provisions of the cited sections. 30
222222 Signed before me under penalties of perjury by____________________, known to me 31
223223 personally or did present a valid photo identification card which 32
224224 was_________________________ 33
225225 County of _________________ 34
226226
227227
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229229 State of Rhode 1
230230 Subscribed and sworn before me this ____ of ________________, 20____ 2
231231 Notary Public 3
232232 Notary Public number:________________ 4
233233 (k) No licensing authority shall require any additional forms, standards, information, 5
234234 waivers or other additional requirements unless specifically requested by, or provided by, the 6
235235 applicant. 7
236236 (l) The licensing authority shall establish and maintain an emergency permit extension on 8
237237 the renewal application for a license to carry a concealable weapon. 9
238238 (1) The emergency permit extension is only available to renewal applicants who, at the 10
239239 time of the application, have an unexpired four (4) year city or town issued license to carry a 11
240240 concealable weapon and who shall maintain this license for work purposes. 12
241241 (2) A complete renewal application shall be delivered to the licensing authority prior to the 13
242242 license expiration date. 14
243243 (3) The licensing authority shall, within three (3) business days of receipt of the renewal 15
244244 application if there is no material change in the renewal application, no material change in need 16
245245 and no change in applicant’s criminal history, automatically approve and make available the 17
246246 emergency permit. 18
247247 (4) A fee of fifty dollars ($50) shall be paid to the licensing authority for the emergency 19
248248 permit extension upon the issuance of the emergency permit. 20
249249 (5) An emergency license to carry a concealable weapon will be valid for ninety (90) days 21
250250 only. 22
251251 (6) Nothing in the emergency permit extension section shall be construed or interpreted to 23
252252 stay or toll the time periods in the renewal process as outlined in subsection (e) of this section. 24
253253 11-47-12. License or permit fee. 25
254254 A fee of forty dollars ($40.00) shall be charged and shall be paid for each a license or 26
255255 permit to the licensing authority issuing it or the department of attorney general upon issuance. No 27
256256 additional fees or costs of any type shall be charged or assessed for any reason, except that the 28
257257 applicant may be assessed the actual cost charged by the FBI to process their fingerprints. Every 29
258258 license or permit shall be valid for four (4) years from the date when issued unless sooner revoked, 30
259259 subject to the emergency permit provisions contained in § 11-47-11. The fee charged for issuing of 31
260260 the license or permit shall be applied for the use and benefit of the city, town, or state of Rhode 32
261261 Island the department of attorney general. 33
262262 11-47-18. License or permit issued by attorney general on showing of need — Issuance 34
263263
264264
265265 LC000496 - Page 8 of 19
266266 to retired police officers. 1
267267 (a) The attorney general may shall issue a license or permit to any person twenty-one (21) 2
268268 years of age or over to carry a pistol or revolver, whether concealed or not, upon his or her person 3
269269 everywhere within this state for four (4) years from the date of issue upon a proper showing of 4
270270 need, or the applicant has good reason to fear an injury to their person or property, or for 5
271271 employment, and that they are a suitable person to be so licensed, subject to the provisions of §§ 6
272272 11-47-12 and 11-47-15; that license or permit may be issued notwithstanding the provisions of § 7
273273 11-47-7. 8
274274 (1) No licensing authority shall issue a license to carry a concealed permit to any person in 9
275275 violation of § 11-47-7 and any license or permit issued shall immediately be revoked. 10
276276 (b) All state police officers and permanent members of city and town police forces of this 11
277277 state who have retired in good standing after at least twenty (20) years of service, or retired in good 12
278278 standing due to a physical disability other than a psychological impairment, may shall be issued a 13
279279 license or permit by the attorney general subject to the provisions of §§ 11-47-12 and 11-47-15. 14
280280 The term “in good standing” means that at the time of retirement, the police officer was not facing 15
281281 disciplinary action that could have resulted in his or her termination for misconduct or unfitness for 16
282282 office. Any member of the licensing authority, and its agents, servants, and employees shall be 17
283283 immune from suit in any action, civil or criminal, based upon any official act or decision, performed 18
284284 or made in good faith in issuing and/or denying a license or permit under this chapter. 19
285285 (c) Notwithstanding any other chapter or section of the general laws of the state of Rhode 20
286286 Island, the attorney general shall not provide or release to any individual, firm, association or 21
287287 corporation the name, address, or date of birth of any person who has held or currently holds a 22
288288 license or permit to carry a concealed pistol or revolver. This section shall not be construed to 23
289289 prohibit the release of any statistical data of a general nature relative to age, gender and racial or 24
290290 ethnic background nor shall it be construed to prevent the release of information to parties involved 25
291291 in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal or civil action 26
292292 which said person is a party to such action. 27
293293 (d) Any permit issued pursuant to this section is eligible to be renewed if it is not expired, 28
294294 or has been expired for less than six (6) months. Any person whose permit has been expired for six 29
295295 (6) months or more shall apply for a new permit under this section. 30
296296 (e) The attorney general’s application for a license to carry a pistol or revolver shall be 31
297297 filled out completely by the applicant, dated and signed by the applicant and notarized. 32
298298 (f) The attorney general shall request only the following information on the application: 33
299299 (1) Applicant’s full name, prior name if legally changed, all nicknames and aliases, full 34
300300
301301
302302 LC000496 - Page 9 of 19
303303 residence address and mailing address if different from the applicant’s residence. No post office 1
304304 box addresses shall be used for a mailing address. 2
305305 (2) All applicant’s available phone numbers, including, but not limited to, business, 3
306306 cellular, mobile and land line phone numbers. 4
307307 (3) The applicant’s height, weight, color of eyes and hair, date and place of birth, and social 5
308308 security number. 6
309309 (4) If the permit is being sought as a condition of employment, the applicant’s occupation, 7
310310 job description, years of employment and employer’s address and contact information. 8
311311 (5) Applicant’s proof of citizenship, length of citizenship and if applicant is not a citizen 9
312312 of the United States, a copy of both sides of a current and valid alien registration card or work 10
313313 authorization card. 11
314314 (6) A listing of all of the applicant’s addresses for the last three (3) years, including the full 12
315315 address with dates of residence. 13
316316 (7) Information relating to the applicant’s arrest record including, but not limited to, the 14
317317 date applicant was arrested, the name of the city/town or arresting agency, the state the arrest 15
318318 occurred in, the arresting charge and disposition. 16
319319 (8) Information relating to the applicant’s plea of nolo contendere to any charge or violation 17
320320 including, but not limited to, the date applicant was arrested, the name of the city/town or arresting 18
321321 agency, the state the plea occurred in, the arresting charge and disposition. 19
322322 (9) Information relating to the applicant’s conviction record, including, but not limited, to 20
323323 the date applicant was arrested, the name of the city/town or arresting agency, the state the arrest 21
324324 occurred in, the arresting charge and disposition. 22
325325 (10) Information relating to the applicant’s indictment in any court for a crime punishable 23
326326 for more than one year, including, but not limited to, the name of the city/town or indicting agency, 24
327327 the state of the indictment, the indicting charge and disposition. 25
328328 (11) Information relating to the applicant if he/she was ever under a guardianship or been 26
329329 subject to confinement by virtue of being a mental incompetent, or who has been adjudicated or is 27
330330 under treatment or confinement as a drug addict, including, but not limited to, the dates thereof. 28
331331 (12) Information relating to the applicant’s current and prior applications for a permit to 29
332332 carry a pistol or revolver from the Rhode Island attorney general, any local city or town, or any 30
333333 other state, including, but not limited to, if any permit is active, denied or revoked, with the dates 31
334334 and reasons thereof. The attorney general shall require notarized photocopies of the front and back 32
335335 of all valid permits. 33
336336 (13) All non-resident applicants shall include a copy of both the front and the back of their 34
337337
338338
339339 LC000496 - Page 10 of 19
340340 home state permit, if they have one. 1
341341 (g) The attorney general shall require only the following with the application from an out-2
342342 of-state applicant: 3
343343 (1) A dated, signed and notarized typed statement from the applicant outlining the 4
344344 applicant’s specific reasons and details regarding his or her need for a Rhode Island permit. If the 5
345345 permit is to be used for employment, a typed and signed letter of explanation shall be submitted on 6
346346 the applicant’s employer’s letterhead and included with the application. In addition, the applicant 7
347347 shall submit a copy of the business license or other such evidence that the business exists. 8
348348 (2) The applicant shall enclose two (2) 1” X 1” pictures of the applicant taken without 9
349349 headgear or glasses. This photo shall be a clear, colored picture of the head and face. The applicant 10
350350 shall print their name on the back of each picture. No laminated photos will be accepted. 11
351351 (3) Copies of both the front and the back of two (2) types of positive identification for the 12
352352 applicant, examples include, but are not limited to, birth certificate, United States Passport, a Rhode 13
353353 Island or other state driver’s license or a Rhode Island identification card, concealed carry permit 14
354354 issued by any state or political subdivision of any state, military identification, student identification 15
355355 or social security card. At least one of these items shall be a government issued photo identification. 16
356356 The photocopies submitted shall be signed and dated by a notary public attesting to the photocopies 17
357357 as being true copies. 18
358358 (i) The licensing authority shall only use the applicant’s social security number for the 19
359359 background check. 20
360360 (4) The application shall include the applicant’s full set of fingerprints submitted on a FBI 21
361361 fingerprint identification card {FD-258 (Rev. 9-9-13 or successor version)} or provide fingerprints 22
362362 by live-scan included with the application. The fingerprint card shall be signed by the applicant. 23
363363 Submission of fingerprints shall not be necessary for a renewal application 24
364364 (5) Three (3) dated, signed and notarized typed reference letters from individuals who 25
365365 personally know the applicant. The individuals used as references shall include on the letters the 26
366366 following information: their full names, residence address, phone number with area code and the 27
367367 years they have known the applicant. An applicant’s reference letter dated more than one hundred 28
368368 and twenty (120) days prior to the date of the permit application will be considered invalid. 29
369369 Reference letters shall be written by the reference, not the applicant, and cannot be identical. 30
370370 Submission of letters of reference shall not be necessary for a renewal application. 31
371371 (6) A certification that the applicant has qualified in accordance with § 11-47-15. (Law 32
372372 enforcement personnel may submit a certification of the Rhode Island Combat Course). An NRA 33
373373 instructor or a police range officer shall sign and complete the certification which shall include the 34
374374
375375
376376 LC000496 - Page 11 of 19
377377 date of the qualification, the printed name, phone number of the instructor, instructor NRA number, 1
378378 the caliber of the weapon and the applicant’s score. An applicant’s qualification certification dated 2
379379 more than one year prior to the date of the permit application will be considered invalid. 3
380380 (7) A copy of the NRA instructor certification and/or the police officer’s range certification 4
381381 shall be submitted with the application. 5
382382 (8) The applicant’s legal residence may be required. The residency requirement may be 6
383383 satisfied by any one of the following methods: the application may be signed by the applicant’s 7
384384 local licensing authority; the application may be signed by the city or town chief of police; the 8
385385 application may be signed by the city or town clerk; or the applicant may submit a certified or 9
386386 notarized copy the applicant’s voter registration card. 10
387387 (9) The applicant shall sign an affidavit certifying that he or she has read and is familiar 11
388388 with the provision of the firearms act, chapter 47 of title 11, inclusive, as amended, and 12
389389 acknowledges the penalties for violations of the provisions of the cited sections. The applicant shall 13
390390 further attest that any alteration of the permit is just cause for revocation. The affidavit shall be 14
391391 dated and notarized and shall indicate the date it was submitted to the licensing authority or the 15
392392 police department. 16
393393 (h) The attorney general shall, within ninety (90) days for an in-state applicant or one 17
394394 hundred and twenty (120) days for an out-of-state applicant from the receipt of a complete 18
395395 application either approve or deny the application. 19
396396 (1) If the application is approved, the attorney general may require the applicant to appear 20
397397 at the department of attorney general to sign and submit a fingerprint card for the permit. 21
398398 (2) If the attorney general denies the application, the applicant shall be notified, either by 22
399399 mail or by phone, that the entire application is available for pick-up by the applicant. Any denial 23
400400 shall be in writing and state with specificity the reason(s) and evidence upon which the denial was 24
401401 based and the rationale for the denial. 25
402402 (3) If the attorney general deems the application incomplete, then the applicant shall be 26
403403 notified, either by mail or by phone, within five (5) business days from submitting the application, 27
404404 that the entire application is available for pick-up by the applicant along with a written response 28
405405 stating the reason(s) why the application was deemed incomplete. 29
406406 (i) The provisions of §§ 11-47-35 and 11-47-35.2 shall not apply to persons licensed under 30
407407 §11-47-18. 31
408408 (j) The attorney general’s renewal application for a license to carry a carry a pistol or 32
409409 revolver shall require the following: 33
410410 (1) The applicant shall submit a fully complete, signed, dated and notarized renewal 34
411411
412412
413413 LC000496 - Page 12 of 19
414414 application to the attorney general prior to the expiration date of the permit. 1
415415 (2) The renewal application shall include only the information included in subsection (d)(1) 2
416416 of this section and shall only contain the requirements included in subsection (d)(2) of this section, 3
417417 with the following exceptions: 4
418418 (i) The three (3) dated, signed and notarized typed reference letters from individuals who 5
419419 personally know the applicant are not required upon renewal. 6
420420 (ii) The fingerprint card requirement is not required upon renewal. 7
421421 (3) The attorney general shall, within sixty (60) days of receipt of the renewal application, 8
422422 if there is no material change in the applicant’s renewal application, no material change in need and 9
423423 no change in the applicant’s criminal history, automatically approve the renewal application. 10
424424 (k) The attorney general shall establish and maintain an emergency permit extension on the 11
425425 renewal application for a license to carry a pistol or revolver. 12
426426 (1) The emergency permit extension is only available to renewal applicants who, at the 13
427427 time of the application, have an unexpired four (4) year attorney general license to carry a pistol or 14
428428 revolver and who must maintain this license for work purposes. 15
429429 (2) A complete renewal application shall be delivered to the department of attorney general 16
430430 prior to the license expiration date. 17
431431 (3) The attorney general shall, within three (3) business days of receipt of the renewal 18
432432 application, if there is no material change in the applicant’s renewal application, no material change 19
433433 in need and no change in applicant’s criminal history, automatically approve and make available 20
434434 the emergency permit. 21
435435 (4) A fee of fifty dollars ($50.00) shall be paid to the attorney general for the emergency 22
436436 permit extension upon the issuance of the emergency permit. 23
437437 (5) An emergency license to carry a pistol or revolver will be valid for ninety (90) days 24
438438 only. 25
439439 (6) Nothing in the emergency permit extension section shall be construed or interpreted to 26
440440 stay or toll the time periods in the renewal process as outlined in section (e) contained herein. 27
441441 SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended 28
442442 by adding thereto the following section: 29
443443 11-47-65. Review and appeal of the decision of the licensing authority or attorney 30
444444 general. 31
445445 (a) A decision denying a firearms permit pursuant to either §11-47-11 or §11-47-18 shall 32
446446 be final unless further review and/or appeal is initiated in writing within fifteen (15) days after the 33
447447 decision has been mailed to the applicant at the address listed on the application. 34
448448
449449
450450 LC000496 - Page 13 of 19
451451 (b) An aggrieved individual may submit a written request to reconsider the denial to the 1
452452 licensing authority or the department of attorney general. Any request for reconsideration shall be 2
453453 submitted within fifteen (15) days after the decision has been mailed to the address provided by the 3
454454 applicant. 4
455455 (1) The licensing authority or the department of attorney general shall schedule and conduct 5
456456 an in-person meeting within thirty (30) days of the request to review and discuss the decision. Said 6
457457 meeting shall only be scheduled or rescheduled beyond the initial thirty (30) day period by 7
458458 agreement of the parties and/or for good cause, but in no event exceed sixty (60) days. 8
459459 (2) The applicant shall submit any supplemental documentation or written evidence relative 9
460460 to the application, which shall become part of the application. 10
461461 (3) The meeting shall be conducted as an informal meeting, not as an administrative 11
462462 hearing. The licensing authority or the department of attorney general shall receive and consider 12
463463 documents and other evidence without regard to statutory and common law rules. No stenographic 13
464464 record, transcription, video, audio or other recording shall be allowed. 14
465465 (4) The applicant shall be represented by an attorney during the appeal process. 15
466466 (5) The licensing authority or the department of attorney general shall, within fourteen (14) 16
467467 days after the meeting, mail a decision to the applicant granting or denying the application. Any 17
468468 denial shall be in writing and state with specificity the reason(s) and evidence upon which the denial 18
469469 was based and the rationale for the denial. 19
470470 (c) An aggrieved individual shall submit an appeal of the decision denying a firearms 20
471471 permit pursuant to the decision of the request to reconsider to the superior court for the county in 21
472472 which the licensing authority or attorney general is located, in the form of a miscellaneous petition, 22
473473 within fifteen (15) days after the decision has been mailed to the applicant at the address listed on 23
474474 the application. 24
475475 (1) The petition for review shall state the grounds upon which review is sought but need 25
476476 not be verified. 26
477477 (2) Upon appeal, the petitioner is entitled to a trial de novo before a justice of the superior 27
478478 court without a jury. 28
479479 (3) Within thirty (30) days of the filing of the notice of appeal, the licensing authority or 29
480480 attorney general shall provide a full, complete and certified copy of the application and all 30
481481 submitted documents to both the petitioner and the superior court. 31
482482 (d) Pursuant to chapter 2 of title 38, the request to reconsider and the appeal to superior 32
483483 court shall not be deemed public. All documents, records and proceedings before the licensing 33
484484 authority, the department of attorney general and the superior court are not open to the public but 34
485485
486486
487487 LC000496 - Page 14 of 19
488488 may be accessed by law enforcement personnel to be used for law enforcement purposes related to 1
489489 the appeal only and shall otherwise remain confidential. 2
490490 (e) An applicant shall have their hearing open to the public upon written request to the 3
491491 superior court. 4
492492 (f) The superior court shall award reasonable attorney fees, costs and filing fees to the 5
493493 prevailing applicant if the court finds that there is no justiciable issue of either law or fact or to the 6
494494 prevailing applicant if the licensing authority or the department of attorney general did not have a 7
495495 good faith basis in the denial of the license or permit. 8
496496 SECTION 3. Section 38-2-2 of the General Laws in Chapter 38-2 entitled "Access to Public 9
497497 Records" is hereby amended to read as follows: 10
498498 38-2-2. Definitions. 11
499499 As used in this chapter: 12
500500 (1) “Agency” or “public body” means any executive, legislative, judicial, regulatory, or 13
501501 administrative body of the state, or any political subdivision thereof; including, but not limited to: 14
502502 any department, division, agency, commission, board, office, bureau, authority; any school, fire, or 15
503503 water district, or other agency of Rhode Island state or local government that exercises 16
504504 governmental functions; any authority as defined in § 42-35-1(b); or any other public or private 17
505505 agency, person, partnership, corporation, or business entity acting on behalf of and/or in place of 18
506506 any public agency. 19
507507 (2) “Chief administrative officer” means the highest authority of the public body. 20
508508 (3) “Public business” means any matter over which the public body has supervision, 21
509509 control, jurisdiction, or advisory power. 22
510510 (4) “Public record” or “public records” shall mean all documents, papers, letters, maps, 23
511511 books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data 24
512512 processing records, computer stored data (including electronic mail messages, except specifically 25
513513 for any electronic mail messages of or to elected officials with or relating to those they represent 26
514514 and correspondence of or to elected officials in their official capacities), or other material regardless 27
515515 of physical form or characteristics made or received pursuant to law or ordinance or in connection 28
516516 with the transaction of official business by any agency. For the purposes of this chapter, the 29
517517 following records shall not be deemed public: 30
518518 (A)(I)(a) All records relating to a client/attorney relationship and to a doctor/patient 31
519519 relationship, including all medical information relating to an individual in any files. 32
520520 (b) Personnel and other personal individually identifiable records otherwise deemed 33
521521 confidential by federal or state law or regulation, or the disclosure of which would constitute a 34
522522
523523
524524 LC000496 - Page 15 of 19
525525 clearly unwarranted invasion of personal privacy pursuant to 5 U.S.C. § 552 et seq.; provided, 1
526526 however, with respect to employees, and employees of contractors and subcontractors working on 2
527527 public works projects that are required to be listed as certified payrolls, the name, gross salary, 3
528528 salary range, total cost of paid fringe benefits, gross amount received in overtime, and any other 4
529529 remuneration in addition to salary, job title, job description, dates of employment and positions 5
530530 held with the state, municipality, or public works contractor or subcontractor on public works 6
531531 projects, employment contract, work location, and/or project, business telephone number, the city 7
532532 or town of residence, and date of termination shall be public. For the purposes of this section 8
533533 “remuneration” shall include any payments received by an employee as a result of termination, or 9
534534 otherwise leaving employment, including, but not limited to, payments for accrued sick and/or 10
535535 vacation time, severance pay, or compensation paid pursuant to a contract buy-out provision. For 11
536536 purposes of this section, the city or town residence shall not be deemed public for peace officers, 12
537537 as defined in § 12-7-21, and shall not be released. 13
538538 (II) Notwithstanding the provisions of this section, or any other provision of the general 14
539539 laws to the contrary, the pension records of all persons who are either current or retired members 15
540540 of any public retirement systems, as well as all persons who become members of those retirement 16
541541 systems after June 17, 1991, shall be open for public inspection. “Pension records” as used in this 17
542542 section, shall include all records containing information concerning pension and retirement benefits 18
543543 of current and retired members of the retirement systems and future members of said systems, 19
544544 including all records concerning retirement credits purchased and the ability of any member of the 20
545545 retirement system to purchase retirement credits, but excluding all information regarding the 21
546546 medical condition of any person and all information identifying the member’s designated 22
547547 beneficiary or beneficiaries unless and until the member’s designated beneficiary or beneficiaries 23
548548 have received or are receiving pension and/or retirement benefits through the retirement system. 24
549549 (B) Trade secrets and commercial or financial information obtained from a person, firm, 25
550550 or corporation that is of a privileged or confidential nature. 26
551551 (C) Child custody and adoption records, records of illegitimate births, and records of 27
552552 juvenile proceedings before the family court. 28
553553 (D) All records maintained by law enforcement agencies for criminal law enforcement and 29
554554 all records relating to the detection and investigation of crime, including those maintained on any 30
555555 individual or compiled in the course of a criminal investigation by any law enforcement agency. 31
556556 Provided, however, such records shall not be deemed public only to the extent that the disclosure 32
557557 of the records or information (a) Could reasonably be expected to interfere with investigations of 33
558558 criminal activity or with enforcement proceedings; (b) Would deprive a person of a right to a fair 34
559559
560560
561561 LC000496 - Page 16 of 19
562562 trial or an impartial adjudication; (c) Could reasonably be expected to constitute an unwarranted 1
563563 invasion of personal privacy; (d) Could reasonably be expected to disclose the identity of a 2
564564 confidential source, including a state, local, or foreign agency or authority, or any private institution 3
565565 that furnished information on a confidential basis, or the information furnished by a confidential 4
566566 source; (e) Would disclose techniques and procedures for law enforcement investigations or 5
567567 prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions; or 6
568568 (f) Could reasonably be expected to endanger the life or physical safety of any individual. Records 7
569569 relating to management and direction of a law enforcement agency and records or reports reflecting 8
570570 the initial arrest of an adult and the charge or charges brought against an adult shall be public. 9
571571 (E) Any records that would not be available by law or rule of court to an opposing party in 10
572572 litigation. 11
573573 (F) Scientific and technological secrets and the security plans of military and law 12
574574 enforcement agencies, the disclosure of which would endanger the public welfare and security. 13
575575 (G) Any records that disclose the identity of the contributor of a bona fide and lawful 14
576576 charitable contribution to the public body whenever public anonymity has been requested of the 15
577577 public body with respect to the contribution by the contributor. 16
578578 (H) Reports and statements of strategy or negotiation involving labor negotiations or 17
579579 collective bargaining. 18
580580 (I) Reports and statements of strategy or negotiation with respect to the investment or 19
581581 borrowing of public funds, until such time as those transactions are entered into. 20
582582 (J) Any minutes of a meeting of a public body that are not required to be disclosed pursuant 21
583583 to chapter 46 of title 42. 22
584584 (K) Preliminary drafts, notes, impressions, memoranda, working papers, and work 23
585585 products, including those involving research at state institutions of higher education on commercial, 24
586586 scientific, artistic, technical, or scholarly issues, whether in electronic or other format; provided, 25
587587 however, any documents submitted at a public meeting of a public body shall be deemed public. 26
588588 (L) Test questions, scoring keys, and other examination data used to administer a licensing 27
589589 examination, examination for employment or promotion, or academic examinations; provided, 28
590590 however, that a person shall have the right to review the results of his or her examination. 29
591591 (M) Correspondence of or to elected officials with or relating to those they represent and 30
592592 correspondence of or to elected officials in their official capacities. 31
593593 (N) The contents of real estate appraisals, engineering, or feasibility estimates and 32
594594 evaluations made for or by an agency relative to the acquisition of property or to prospective public 33
595595 supply and construction contracts, until such time as all of the property has been acquired or all 34
596596
597597
598598 LC000496 - Page 17 of 19
599599 proceedings or transactions have been terminated or abandoned; provided the law of eminent 1
600600 domain shall not be affected by this provision. 2
601601 (O) All tax returns. 3
602602 (P) All investigatory records of public bodies, with the exception of law enforcement 4
603603 agencies, pertaining to possible violations of statute, rule, or regulation other than records of final 5
604604 actions taken, provided that all records prior to formal notification of violations or noncompliance 6
605605 shall not be deemed to be public. 7
606606 (Q) Records of individual test scores on professional certification and licensing 8
607607 examinations; provided, however, that a person shall have the right to review the results of his or 9
608608 her examination. 10
609609 (R) Requests for advisory opinions until such time as the public body issues its opinion. 11
610610 (S) Records, reports, opinions, information, and statements required to be kept confidential 12
611611 by federal law or regulation or state law or rule of court. 13
612612 (T) Judicial bodies are included in the definition only in respect to their administrative 14
613613 function provided that records kept pursuant to the provisions of chapter 16 of title 8 are exempt 15
614614 from the operation of this chapter. 16
615615 (U) Library records that, by themselves or when examined with other public records, would 17
616616 reveal the identity of the library user requesting, checking out, or using any library materials. 18
617617 (V) Printouts from TELE — TEXT devices used by people who are deaf or hard of hearing 19
618618 or speech impaired. 20
619619 (W) All records received by the insurance division of the department of business regulation 21
620620 from other states, either directly or through the National Association of Insurance Commissioners, 22
621621 if those records are accorded confidential treatment in that state. Nothing contained in this title or 23
622622 any other provision of law shall prevent or be construed as prohibiting the commissioner of 24
623623 insurance from disclosing otherwise confidential information to the insurance department of this 25
624624 or any other state or country, at any time, so long as the agency or office receiving the records 26
625625 agrees in writing to hold it confidential in a manner consistent with the laws of this state. 27
626626 (X) Credit card account numbers in the possession of state or local government are 28
627627 confidential and shall not be deemed public records. 29
628628 (Y) Any documentary material, answers to written interrogatories, or oral testimony 30
629629 provided under any subpoena issued under § 9-1.1-6. 31
630630 (Z) Any individually identifiable evaluations of public school employees made pursuant to 32
631631 state or federal law or regulation. 33
632632 (AA) All documents prepared by school districts intended to be used by school districts in 34
633633
634634
635635 LC000496 - Page 18 of 19
636636 protecting the safety of their students from potential and actual threats. 1
637637 (BB) The list of teachers terminated for good and just cause maintained by the department 2
638638 of education pursuant to § 16-13-9. 3
639639 (CC) All documents, records and any records of proceedings generated pursuant to any 4
640640 appeal brought under § 11-47-65, before a licensing authority, the department of attorney general 5
641641 or the superior court. 6
642642 SECTION 4. This act shall take effect upon passage. 7
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644644 LC000496
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646646
647647
648648 LC000496 - Page 19 of 19
649649 EXPLANATION
650650 BY THE LEGISLATIVE COUNCIL
651651 OF
652652 A N A C T
653653 RELATING TO CRIMINAL OFFENSES -- WEAPONS
654654 ***
655655 This act would define "suitable person" for purposes of possessing and having a concealed 1
656656 carry pistol permit and would establish reasons for applying for a carry permit for both in-state and 2
657657 out-of-state residents. This act would also set forth what information is required on applications for 3
658658 carry permits, establish an appeal process when an application is denied and provide that records 4
659659 relating to carry permits and appeals would not be a public record. 5
660660 This act would take effect upon passage. 6
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662662 LC000496
663663 ========