2023 -- H 5368
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LC000496
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO CRIMINAL OFFENSES -- WEAPONS
Introduced By: Representatives Place, Rea, Chippendale, Nardone, and Roberts
Date Introduced: February 03, 2023
Referred To: House Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Sections 11-47-2, 11-47-11, 11-47-12 and 11-47-18 of the General Laws in 1
Chapter 11-47 entitled "Weapons" are hereby amended to read as follows: 2
11-47-2. Definitions. 3
When used in this chapter, the following words and phrases are construed as follows: 4
(1) “3D printing process” means 3D printing or additive manufacturing which is a process 5
of making three (3) dimensional solid objects from a computer file and shall include any of various 6
processes in which material is joined or solidified under computer control to create a three (3) 7
dimensional object, with material being added together including liquid molecules or powder 8
grains. 9
(2) “Antique firearm” is defined as that term is defined under the provisions of 18 U.S.C. 10
§ 921. 11
(3) “Binary trigger” means a device that replaces a standard trigger on a semi-automatic 12
weapon and is designed to fire one round on the pull of the trigger and another round upon release 13
of the trigger. 14
(4) “Bump-fire stock” means any device that replaces a semi-automatic weapon’s standard 15
stock and is designed to slide back and forth rapidly, harnessing the weapon’s recoil to rapidly fire 16
the weapon. 17
(5) “Crime of violence” means and includes any of the following crimes or an attempt to 18
commit any of them: murder, manslaughter, rape, first- or second-degree sexual assault, first- or 19
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second-degree child molestation, kidnapping, first- and second-degree arson, mayhem, robbery, 1
burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or 2
delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a 3
controlled substance classified in schedule I or schedule II of § 21-28-2.08, any violation of § 21-4
28-4.01.1 or § 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a 5
dangerous weapon, assault or battery involving grave bodily injury, or assault with intent to commit 6
any offense punishable as a felony; upon any conviction of an offense punishable as a felony 7
offense under § 12-29-5. 8
(6) “Firearm” includes any machine gun, pistol, rifle, air rifle, air pistol, “blank gun,” “BB 9
gun,” or other instrument from which steel or metal projectiles are propelled, or that may readily 10
be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except 11
instruments propelling projectiles that are designed or normally used for a primary purpose other 12
than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under the 13
provisions of this section. 14
(7) “Fugitive from justice” means any person who has fled from any state, territory, the 15
District of Columbia, or possession of the United States to avoid prosecution for a crime of violence 16
or to avoid giving testimony in any criminal proceeding. 17
(8) “Ghost gun” means a firearm, including a frame or receiver, that lacks a unique serial 18
number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, 19
maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. It does 20
not include a firearm that has been rendered permanently inoperable, or a firearm that is not 21
required to have a serial number in accordance with the federal Gun Control Act of 1968. 22
(9) “Licensing authorities” means the board of police commissioners of a city or town 23
where the board has been instituted, the chief of police or superintendent of police of other cities 24
and towns having a regular organized police force, and, in towns where there is no chief of police 25
or superintendent of police, it means the town clerk who may issue licenses upon the 26
recommendation of the town sergeant, and it also means any other person or body duly authorized 27
by the city or town charter or by state law. 28
(10) “Machine gun” means any weapon that shoots, is designed to shoot, or can be readily 29
restored to shoot automatically more than one shot, without manual reloading, by a single function 30
of the trigger. The term also includes the frame or receiver of the weapon, any combination of parts 31
designed and intended for use in converting a weapon into a machine gun, and any combination of 32
parts from which a machine gun can be assembled if the parts are in the possession or under the 33
control of a person. 34
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(11) “Major component” means, with respect to a firearm: 1
(i) The slide or cylinder or the frame or receiver of the firearm; and 2
(ii) In the case of a rifle or shotgun, includes the barrel of the firearm. 3
(12) “Person” includes an individual, partnership, firm, association, or corporation. 4
(13) “Pistol” includes any pistol or revolver, and any shotgun, rifle, or similar weapon with 5
overall length less than twenty-six inches (26″), but does not include any pistol or revolver designed 6
for the use of blank cartridges only. 7
(14) “Rifle” shall have the same meaning as in 26 U.S.C. § 5845(c), and by barrel length 8
and overall length not be subject to registration pursuant to the National Firearms Act, 26 U.S.C. 9
ch. 53 (prior § 5801 et seq.). 10
(15) “Sawed-off rifle” means any rifle with overall length of less than twenty-six inches 11
(26″) or barrel length of less than sixteen inches (16″). 12
(16) “Sawed-off shotgun” means any shotgun with overall length of less than twenty-six 13
inches (26″) or barrel length of less than eighteen inches (18″). 14
(17) “Sell” includes let or hire, give, lend, and transfer, and “purchase” includes hire, 15
accept, and borrow, and “purchasing” shall be construed accordingly. 16
(18) “Shotgun” shall have the same meaning as in 26 U.S.C. § 5845(d), and by barrel length 17
and overall length not be subject to registration pursuant to the National Firearms Act, 26 U.S.C. 18
ch. 53 (prior § 5801 et seq.). 19
(19) "Suitable person" means any person who is not prohibited by state law from possessing 20
a pistol or revolver. A person may be considered unsuitable if the licensing authority has clear and 21
convincing evidence that the person is a clear and present danger to him or herself, or to another 22
person. Any person shall be considered unsuitable if the law enforcement agency doing the 23
background check or the department of attorney general has evidence which supports a good faith 24
belief that the person is a member of a criminal street gang as defined in § 12-19-39(a). 25
(19)(20) “Trigger crank” means a trigger actuator that attaches to the trigger of a semi-26
automatic weapon and causes the weapon to fire by turning the crank handle. 27
(20)(21) “Undetectable firearm” means any firearm that: 28
(i) After removal of all parts, other than a major component, is not as detectable by walk-29
through metal detectors commonly used at airports or other public buildings; or 30
(ii) Any major component of which, if subjected to inspection by the types of detection 31
devices commonly used at airports or other public buildings for security screening, would not 32
generate an image that accurately depicts the shape of the component; or 33
(iii) Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or 34
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(iv) Upon which the frame or receiver lacks a unique serial number engraved or cased into 1
on the frame or receiver by a licensed manufacturer, maker, or importer under federal law, or 2
markings in accordance with 27 C.F.R. § 479.102. Provided, however, this subsection shall not 3
apply to any firearm rendered permanently inoperable or a firearm manufactured prior to 1968. 4
11-47-11. License or permit to carry concealed pistol or revolver. 5
(a) The licensing authorities of any city or town shall, upon application of any person 6
twenty-one (21) years of age or over having a bona fide residence or place of business within the 7
city or town, or of any person twenty-one (21) years of age or over having a bona fide residence 8
within the United States and a license or permit to carry a pistol or revolver concealed upon his or 9
her person issued by the authorities of any other state or subdivision of the United States, issue a 10
license or permit to the person to carry concealed upon his or her person a pistol or revolver 11
everywhere within this state for four (4) years from date of issue, if it appears that the applicant has 12
good reason to fear an injury to his or her person or property or has any other proper lawful reason 13
for carrying a pistol or revolver, and that he or she is a suitable person to be so licensed, subject to 14
the provisions of §§ 11-47-12 and 11-47-15. Self-defense shall be considered a proper purpose and 15
lawful reason. 16
(1) The license or permit shall be in triplicate in form to be prescribed by the attorney 17
general and shall bear the fingerprint, photograph, name, address, description, and signature of the 18
licensee and the reason given for desiring a license or permit and in no case shall it contain the 19
serial number of any firearm. The original shall be delivered to the licensee. 20
(2) The licensing authority shall retain a copy of the permit for its records and send a second 21
copy to the department of attorney general. All permits issued or renewed pursuant to this section 22
shall be recorded in the Rhode Island criminal history data base, or its successor system. 23
(3) Any member of the licensing authority, its agents, servants, and employees shall be 24
immune from suit in any action, civil or criminal, based upon any official act or decision, performed 25
or made in good faith in issuing a license or permit under this chapter. 26
(b) Notwithstanding any other chapter or section of the general laws of the state of Rhode 27
Island, the licensing authority of any city or town shall not provide or release to any individua l, 28
firm, association or corporation the name, address, or date of birth of any person who has held or 29
currently holds a license or permit to carry a concealed pistol or revolver. This section shall not be 30
construed to prohibit the release of any statistical data of a general nature relative to age, gender 31
and racial or ethnic background nor shall it be construed to prevent the release of information to 32
parties involved in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal 33
or civil action which the person is a party to that action. 34
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(c) The licensing authority shall, within fourteen (14) calendar days, return any incomplete 1
application to the applicant along with a written explanation, stating with specificity, why the 2
application is incomplete. 3
(d) The licensing authority shall approve or deny a complete application within ninety (90) 4
calendar days of receiving it. 5
(1) Within seven (7) business days after approval, the license shall be made available for 6
the applicant to pick up in person or, at the request and expense of the applicant, be delivered by 7
mail. 8
(2) Any denial shall be in writing and state with specificity the reason(s) and evidence upon 9
which the licensing authority based its decision on and the rationale for the denial. 10
(3) Failure by the licensing authority to approve or deny within the time allowed shall 11
constitute a denial for the sole purpose of permitting an appeal by the applicant and for no other 12
purpose, and shall create a presumption that no evidence exists indicating that the applicant is 13
unsuitable. 14
(e) Any permit issued pursuant to this section is eligible to be renewed if it is not expired, 15
or has been expired for less than six (6) months. Any person whose permit has been expired for six 16
(6) months or more shall apply for a new permit under this section. 17
(f) Each licensing authority shall make its application available to any person by: 18
(1) Posting it on its website, if it has one; and 19
(2) Making it immediately available, free of charge, to any person who requests it; and 20
(3) Upon request, providing a copy by regular mail using the United States postal service. 21
(g) All applications shall require two (2) forms of identification, such as a driver’s license, 22
state issued non-driver identification card, concealed carry permit issued by any state or political 23
subdivision of any state, passport, immigration documentation, military identification, student 24
identification, social security card or a birth certificate. At least one of these items shall be a 25
government issued photo identification. 26
(1) The licensing authority shall only use the applicant’s social security number for the 27
background check. 28
(h) All applications shall include a federal bureau of investigation (FBI) fingerprint card 29
{(FD-258) (Rev. 9-9-13 or successor version)}, or provide fingerprints by live-scan, with the 30
application, except that this subsection shall not be a requirement for a renewal applicant. 31
(i) All Applications shall include a copy of the instructor’s credentials for the instructor 32
who certified their firing score on their application. 33
(j) All licensing authorities of a city or town shall use the following application: 34
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Application for a concealed carry license pursuant to RIGL § 11-47-11 1
Name: __________________________________________________________________ 2
Address: 3
__________________________________________________________________ 4
(Street and number) (City or town) (State) (ZIP) 5
Date of Birth: _________________ Place of Birth_____________________ 6
Height: __________ Weight: __________ Color hair: ___________ Color eyes: __ 7
Are you a citizen of the United States?_____________________ 8
If you are not a US citizen, please list your admission/INS number: ____________ 9
ARMY L or RI COMBAT COURSE shooting score: ______________________ 10
Name and certification number of NRA or RI instructor: _____________________ 11
Signature of instructor: 12
__________________________________________________________ 13
Have you ever been convicted of a crime of violence (Pursuant to §11-47-2)? ____ 14
Are you a fugitive from justice (Pursuant to §11-47-2)?______________________ 15
Have you ever been adjudicated as being addicted to a controlled substance (Pursuant to 16
§11-47-6)? __________________________ 17
Have you ever been adjudicated as being mentally incompetent (Pursuant to §11-47-6)? 18
_______ 19
Have you been dishonorably discharged from the United States Military? _______ 20
To your knowledge, are you prohibited by federal or state law from possessing a firearm? 21
__________ 22
For what lawful purpose do you seek to carry a pistol or revolver? 23
______________________________________________________________ 24
Applicant's signature: 25
______________________________________________________________ 26
(See § 11-47-23 for penalty for false information provided on this application) 27
AFFIDAVIT: I certify that I have read and am familiar with the provisions of the Firearms 28
Act, chapter 47 of title 11, of the general laws of the State of Rhode Island and that I am aware of 29
the penalties for violation of the provisions of the cited sections. 30
Signed before me under penalties of perjury by____________________, known to me 31
personally or did present a valid photo identification card which 32
was_________________________ 33
County of _________________ 34
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State of Rhode 1
Subscribed and sworn before me this ____ of ________________, 20____ 2
Notary Public 3
Notary Public number:________________ 4
(k) No licensing authority shall require any additional forms, standards, information, 5
waivers or other additional requirements unless specifically requested by, or provided by, the 6
applicant. 7
(l) The licensing authority shall establish and maintain an emergency permit extension on 8
the renewal application for a license to carry a concealable weapon. 9
(1) The emergency permit extension is only available to renewal applicants who, at the 10
time of the application, have an unexpired four (4) year city or town issued license to carry a 11
concealable weapon and who shall maintain this license for work purposes. 12
(2) A complete renewal application shall be delivered to the licensing authority prior to the 13
license expiration date. 14
(3) The licensing authority shall, within three (3) business days of receipt of the renewal 15
application if there is no material change in the renewal application, no material change in need 16
and no change in applicant’s criminal history, automatically approve and make available the 17
emergency permit. 18
(4) A fee of fifty dollars ($50) shall be paid to the licensing authority for the emergency 19
permit extension upon the issuance of the emergency permit. 20
(5) An emergency license to carry a concealable weapon will be valid for ninety (90) days 21
only. 22
(6) Nothing in the emergency permit extension section shall be construed or interpreted to 23
stay or toll the time periods in the renewal process as outlined in subsection (e) of this section. 24
11-47-12. License or permit fee. 25
A fee of forty dollars ($40.00) shall be charged and shall be paid for each a license or 26
permit to the licensing authority issuing it or the department of attorney general upon issuance. No 27
additional fees or costs of any type shall be charged or assessed for any reason, except that the 28
applicant may be assessed the actual cost charged by the FBI to process their fingerprints. Every 29
license or permit shall be valid for four (4) years from the date when issued unless sooner revoked, 30
subject to the emergency permit provisions contained in § 11-47-11. The fee charged for issuing of 31
the license or permit shall be applied for the use and benefit of the city, town, or state of Rhode 32
Island the department of attorney general. 33
11-47-18. License or permit issued by attorney general on showing of need — Issuance 34
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to retired police officers. 1
(a) The attorney general may shall issue a license or permit to any person twenty-one (21) 2
years of age or over to carry a pistol or revolver, whether concealed or not, upon his or her person 3
everywhere within this state for four (4) years from the date of issue upon a proper showing of 4
need, or the applicant has good reason to fear an injury to their person or property, or for 5
employment, and that they are a suitable person to be so licensed, subject to the provisions of §§ 6
11-47-12 and 11-47-15; that license or permit may be issued notwithstanding the provisions of § 7
11-47-7. 8
(1) No licensing authority shall issue a license to carry a concealed permit to any person in 9
violation of § 11-47-7 and any license or permit issued shall immediately be revoked. 10
(b) All state police officers and permanent members of city and town police forces of this 11
state who have retired in good standing after at least twenty (20) years of service, or retired in good 12
standing due to a physical disability other than a psychological impairment, may shall be issued a 13
license or permit by the attorney general subject to the provisions of §§ 11-47-12 and 11-47-15. 14
The term “in good standing” means that at the time of retirement, the police officer was not facing 15
disciplinary action that could have resulted in his or her termination for misconduct or unfitness for 16
office. Any member of the licensing authority, and its agents, servants, and employees shall be 17
immune from suit in any action, civil or criminal, based upon any official act or decision, performed 18
or made in good faith in issuing and/or denying a license or permit under this chapter. 19
(c) Notwithstanding any other chapter or section of the general laws of the state of Rhode 20
Island, the attorney general shall not provide or release to any individual, firm, association or 21
corporation the name, address, or date of birth of any person who has held or currently holds a 22
license or permit to carry a concealed pistol or revolver. This section shall not be construed to 23
prohibit the release of any statistical data of a general nature relative to age, gender and racial or 24
ethnic background nor shall it be construed to prevent the release of information to parties involved 25
in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal or civil action 26
which said person is a party to such action. 27
(d) Any permit issued pursuant to this section is eligible to be renewed if it is not expired, 28
or has been expired for less than six (6) months. Any person whose permit has been expired for six 29
(6) months or more shall apply for a new permit under this section. 30
(e) The attorney general’s application for a license to carry a pistol or revolver shall be 31
filled out completely by the applicant, dated and signed by the applicant and notarized. 32
(f) The attorney general shall request only the following information on the application: 33
(1) Applicant’s full name, prior name if legally changed, all nicknames and aliases, full 34
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residence address and mailing address if different from the applicant’s residence. No post office 1
box addresses shall be used for a mailing address. 2
(2) All applicant’s available phone numbers, including, but not limited to, business, 3
cellular, mobile and land line phone numbers. 4
(3) The applicant’s height, weight, color of eyes and hair, date and place of birth, and social 5
security number. 6
(4) If the permit is being sought as a condition of employment, the applicant’s occupation, 7
job description, years of employment and employer’s address and contact information. 8
(5) Applicant’s proof of citizenship, length of citizenship and if applicant is not a citizen 9
of the United States, a copy of both sides of a current and valid alien registration card or work 10
authorization card. 11
(6) A listing of all of the applicant’s addresses for the last three (3) years, including the full 12
address with dates of residence. 13
(7) Information relating to the applicant’s arrest record including, but not limited to, the 14
date applicant was arrested, the name of the city/town or arresting agency, the state the arrest 15
occurred in, the arresting charge and disposition. 16
(8) Information relating to the applicant’s plea of nolo contendere to any charge or violation 17
including, but not limited to, the date applicant was arrested, the name of the city/town or arresting 18
agency, the state the plea occurred in, the arresting charge and disposition. 19
(9) Information relating to the applicant’s conviction record, including, but not limited, to 20
the date applicant was arrested, the name of the city/town or arresting agency, the state the arrest 21
occurred in, the arresting charge and disposition. 22
(10) Information relating to the applicant’s indictment in any court for a crime punishable 23
for more than one year, including, but not limited to, the name of the city/town or indicting agency, 24
the state of the indictment, the indicting charge and disposition. 25
(11) Information relating to the applicant if he/she was ever under a guardianship or been 26
subject to confinement by virtue of being a mental incompetent, or who has been adjudicated or is 27
under treatment or confinement as a drug addict, including, but not limited to, the dates thereof. 28
(12) Information relating to the applicant’s current and prior applications for a permit to 29
carry a pistol or revolver from the Rhode Island attorney general, any local city or town, or any 30
other state, including, but not limited to, if any permit is active, denied or revoked, with the dates 31
and reasons thereof. The attorney general shall require notarized photocopies of the front and back 32
of all valid permits. 33
(13) All non-resident applicants shall include a copy of both the front and the back of their 34
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home state permit, if they have one. 1
(g) The attorney general shall require only the following with the application from an out-2
of-state applicant: 3
(1) A dated, signed and notarized typed statement from the applicant outlining the 4
applicant’s specific reasons and details regarding his or her need for a Rhode Island permit. If the 5
permit is to be used for employment, a typed and signed letter of explanation shall be submitted on 6
the applicant’s employer’s letterhead and included with the application. In addition, the applicant 7
shall submit a copy of the business license or other such evidence that the business exists. 8
(2) The applicant shall enclose two (2) 1” X 1” pictures of the applicant taken without 9
headgear or glasses. This photo shall be a clear, colored picture of the head and face. The applicant 10
shall print their name on the back of each picture. No laminated photos will be accepted. 11
(3) Copies of both the front and the back of two (2) types of positive identification for the 12
applicant, examples include, but are not limited to, birth certificate, United States Passport, a Rhode 13
Island or other state driver’s license or a Rhode Island identification card, concealed carry permit 14
issued by any state or political subdivision of any state, military identification, student identification 15
or social security card. At least one of these items shall be a government issued photo identification. 16
The photocopies submitted shall be signed and dated by a notary public attesting to the photocopies 17
as being true copies. 18
(i) The licensing authority shall only use the applicant’s social security number for the 19
background check. 20
(4) The application shall include the applicant’s full set of fingerprints submitted on a FBI 21
fingerprint identification card {FD-258 (Rev. 9-9-13 or successor version)} or provide fingerprints 22
by live-scan included with the application. The fingerprint card shall be signed by the applicant. 23
Submission of fingerprints shall not be necessary for a renewal application 24
(5) Three (3) dated, signed and notarized typed reference letters from individuals who 25
personally know the applicant. The individuals used as references shall include on the letters the 26
following information: their full names, residence address, phone number with area code and the 27
years they have known the applicant. An applicant’s reference letter dated more than one hundred 28
and twenty (120) days prior to the date of the permit application will be considered invalid. 29
Reference letters shall be written by the reference, not the applicant, and cannot be identical. 30
Submission of letters of reference shall not be necessary for a renewal application. 31
(6) A certification that the applicant has qualified in accordance with § 11-47-15. (Law 32
enforcement personnel may submit a certification of the Rhode Island Combat Course). An NRA 33
instructor or a police range officer shall sign and complete the certification which shall include the 34
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date of the qualification, the printed name, phone number of the instructor, instructor NRA number, 1
the caliber of the weapon and the applicant’s score. An applicant’s qualification certification dated 2
more than one year prior to the date of the permit application will be considered invalid. 3
(7) A copy of the NRA instructor certification and/or the police officer’s range certification 4
shall be submitted with the application. 5
(8) The applicant’s legal residence may be required. The residency requirement may be 6
satisfied by any one of the following methods: the application may be signed by the applicant’s 7
local licensing authority; the application may be signed by the city or town chief of police; the 8
application may be signed by the city or town clerk; or the applicant may submit a certified or 9
notarized copy the applicant’s voter registration card. 10
(9) The applicant shall sign an affidavit certifying that he or she has read and is familiar 11
with the provision of the firearms act, chapter 47 of title 11, inclusive, as amended, and 12
acknowledges the penalties for violations of the provisions of the cited sections. The applicant shall 13
further attest that any alteration of the permit is just cause for revocation. The affidavit shall be 14
dated and notarized and shall indicate the date it was submitted to the licensing authority or the 15
police department. 16
(h) The attorney general shall, within ninety (90) days for an in-state applicant or one 17
hundred and twenty (120) days for an out-of-state applicant from the receipt of a complete 18
application either approve or deny the application. 19
(1) If the application is approved, the attorney general may require the applicant to appear 20
at the department of attorney general to sign and submit a fingerprint card for the permit. 21
(2) If the attorney general denies the application, the applicant shall be notified, either by 22
mail or by phone, that the entire application is available for pick-up by the applicant. Any denial 23
shall be in writing and state with specificity the reason(s) and evidence upon which the denial was 24
based and the rationale for the denial. 25
(3) If the attorney general deems the application incomplete, then the applicant shall be 26
notified, either by mail or by phone, within five (5) business days from submitting the application, 27
that the entire application is available for pick-up by the applicant along with a written response 28
stating the reason(s) why the application was deemed incomplete. 29
(i) The provisions of §§ 11-47-35 and 11-47-35.2 shall not apply to persons licensed under 30
§11-47-18. 31
(j) The attorney general’s renewal application for a license to carry a carry a pistol or 32
revolver shall require the following: 33
(1) The applicant shall submit a fully complete, signed, dated and notarized renewal 34
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application to the attorney general prior to the expiration date of the permit. 1
(2) The renewal application shall include only the information included in subsection (d)(1) 2
of this section and shall only contain the requirements included in subsection (d)(2) of this section, 3
with the following exceptions: 4
(i) The three (3) dated, signed and notarized typed reference letters from individuals who 5
personally know the applicant are not required upon renewal. 6
(ii) The fingerprint card requirement is not required upon renewal. 7
(3) The attorney general shall, within sixty (60) days of receipt of the renewal application, 8
if there is no material change in the applicant’s renewal application, no material change in need and 9
no change in the applicant’s criminal history, automatically approve the renewal application. 10
(k) The attorney general shall establish and maintain an emergency permit extension on the 11
renewal application for a license to carry a pistol or revolver. 12
(1) The emergency permit extension is only available to renewal applicants who, at the 13
time of the application, have an unexpired four (4) year attorney general license to carry a pistol or 14
revolver and who must maintain this license for work purposes. 15
(2) A complete renewal application shall be delivered to the department of attorney general 16
prior to the license expiration date. 17
(3) The attorney general shall, within three (3) business days of receipt of the renewal 18
application, if there is no material change in the applicant’s renewal application, no material change 19
in need and no change in applicant’s criminal history, automatically approve and make available 20
the emergency permit. 21
(4) A fee of fifty dollars ($50.00) shall be paid to the attorney general for the emergency 22
permit extension upon the issuance of the emergency permit. 23
(5) An emergency license to carry a pistol or revolver will be valid for ninety (90) days 24
only. 25
(6) Nothing in the emergency permit extension section shall be construed or interpreted to 26
stay or toll the time periods in the renewal process as outlined in section (e) contained herein. 27
SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended 28
by adding thereto the following section: 29
11-47-65. Review and appeal of the decision of the licensing authority or attorney 30
general. 31
(a) A decision denying a firearms permit pursuant to either §11-47-11 or §11-47-18 shall 32
be final unless further review and/or appeal is initiated in writing within fifteen (15) days after the 33
decision has been mailed to the applicant at the address listed on the application. 34
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(b) An aggrieved individual may submit a written request to reconsider the denial to the 1
licensing authority or the department of attorney general. Any request for reconsideration shall be 2
submitted within fifteen (15) days after the decision has been mailed to the address provided by the 3
applicant. 4
(1) The licensing authority or the department of attorney general shall schedule and conduct 5
an in-person meeting within thirty (30) days of the request to review and discuss the decision. Said 6
meeting shall only be scheduled or rescheduled beyond the initial thirty (30) day period by 7
agreement of the parties and/or for good cause, but in no event exceed sixty (60) days. 8
(2) The applicant shall submit any supplemental documentation or written evidence relative 9
to the application, which shall become part of the application. 10
(3) The meeting shall be conducted as an informal meeting, not as an administrative 11
hearing. The licensing authority or the department of attorney general shall receive and consider 12
documents and other evidence without regard to statutory and common law rules. No stenographic 13
record, transcription, video, audio or other recording shall be allowed. 14
(4) The applicant shall be represented by an attorney during the appeal process. 15
(5) The licensing authority or the department of attorney general shall, within fourteen (14) 16
days after the meeting, mail a decision to the applicant granting or denying the application. Any 17
denial shall be in writing and state with specificity the reason(s) and evidence upon which the denial 18
was based and the rationale for the denial. 19
(c) An aggrieved individual shall submit an appeal of the decision denying a firearms 20
permit pursuant to the decision of the request to reconsider to the superior court for the county in 21
which the licensing authority or attorney general is located, in the form of a miscellaneous petition, 22
within fifteen (15) days after the decision has been mailed to the applicant at the address listed on 23
the application. 24
(1) The petition for review shall state the grounds upon which review is sought but need 25
not be verified. 26
(2) Upon appeal, the petitioner is entitled to a trial de novo before a justice of the superior 27
court without a jury. 28
(3) Within thirty (30) days of the filing of the notice of appeal, the licensing authority or 29
attorney general shall provide a full, complete and certified copy of the application and all 30
submitted documents to both the petitioner and the superior court. 31
(d) Pursuant to chapter 2 of title 38, the request to reconsider and the appeal to superior 32
court shall not be deemed public. All documents, records and proceedings before the licensing 33
authority, the department of attorney general and the superior court are not open to the public but 34
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may be accessed by law enforcement personnel to be used for law enforcement purposes related to 1
the appeal only and shall otherwise remain confidential. 2
(e) An applicant shall have their hearing open to the public upon written request to the 3
superior court. 4
(f) The superior court shall award reasonable attorney fees, costs and filing fees to the 5
prevailing applicant if the court finds that there is no justiciable issue of either law or fact or to the 6
prevailing applicant if the licensing authority or the department of attorney general did not have a 7
good faith basis in the denial of the license or permit. 8
SECTION 3. Section 38-2-2 of the General Laws in Chapter 38-2 entitled "Access to Public 9
Records" is hereby amended to read as follows: 10
38-2-2. Definitions. 11
As used in this chapter: 12
(1) “Agency” or “public body” means any executive, legislative, judicial, regulatory, or 13
administrative body of the state, or any political subdivision thereof; including, but not limited to: 14
any department, division, agency, commission, board, office, bureau, authority; any school, fire, or 15
water district, or other agency of Rhode Island state or local government that exercises 16
governmental functions; any authority as defined in § 42-35-1(b); or any other public or private 17
agency, person, partnership, corporation, or business entity acting on behalf of and/or in place of 18
any public agency. 19
(2) “Chief administrative officer” means the highest authority of the public body. 20
(3) “Public business” means any matter over which the public body has supervision, 21
control, jurisdiction, or advisory power. 22
(4) “Public record” or “public records” shall mean all documents, papers, letters, maps, 23
books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data 24
processing records, computer stored data (including electronic mail messages, except specifically 25
for any electronic mail messages of or to elected officials with or relating to those they represent 26
and correspondence of or to elected officials in their official capacities), or other material regardless 27
of physical form or characteristics made or received pursuant to law or ordinance or in connection 28
with the transaction of official business by any agency. For the purposes of this chapter, the 29
following records shall not be deemed public: 30
(A)(I)(a) All records relating to a client/attorney relationship and to a doctor/patient 31
relationship, including all medical information relating to an individual in any files. 32
(b) Personnel and other personal individually identifiable records otherwise deemed 33
confidential by federal or state law or regulation, or the disclosure of which would constitute a 34
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clearly unwarranted invasion of personal privacy pursuant to 5 U.S.C. § 552 et seq.; provided, 1
however, with respect to employees, and employees of contractors and subcontractors working on 2
public works projects that are required to be listed as certified payrolls, the name, gross salary, 3
salary range, total cost of paid fringe benefits, gross amount received in overtime, and any other 4
remuneration in addition to salary, job title, job description, dates of employment and positions 5
held with the state, municipality, or public works contractor or subcontractor on public works 6
projects, employment contract, work location, and/or project, business telephone number, the city 7
or town of residence, and date of termination shall be public. For the purposes of this section 8
“remuneration” shall include any payments received by an employee as a result of termination, or 9
otherwise leaving employment, including, but not limited to, payments for accrued sick and/or 10
vacation time, severance pay, or compensation paid pursuant to a contract buy-out provision. For 11
purposes of this section, the city or town residence shall not be deemed public for peace officers, 12
as defined in § 12-7-21, and shall not be released. 13
(II) Notwithstanding the provisions of this section, or any other provision of the general 14
laws to the contrary, the pension records of all persons who are either current or retired members 15
of any public retirement systems, as well as all persons who become members of those retirement 16
systems after June 17, 1991, shall be open for public inspection. “Pension records” as used in this 17
section, shall include all records containing information concerning pension and retirement benefits 18
of current and retired members of the retirement systems and future members of said systems, 19
including all records concerning retirement credits purchased and the ability of any member of the 20
retirement system to purchase retirement credits, but excluding all information regarding the 21
medical condition of any person and all information identifying the member’s designated 22
beneficiary or beneficiaries unless and until the member’s designated beneficiary or beneficiaries 23
have received or are receiving pension and/or retirement benefits through the retirement system. 24
(B) Trade secrets and commercial or financial information obtained from a person, firm, 25
or corporation that is of a privileged or confidential nature. 26
(C) Child custody and adoption records, records of illegitimate births, and records of 27
juvenile proceedings before the family court. 28
(D) All records maintained by law enforcement agencies for criminal law enforcement and 29
all records relating to the detection and investigation of crime, including those maintained on any 30
individual or compiled in the course of a criminal investigation by any law enforcement agency. 31
Provided, however, such records shall not be deemed public only to the extent that the disclosure 32
of the records or information (a) Could reasonably be expected to interfere with investigations of 33
criminal activity or with enforcement proceedings; (b) Would deprive a person of a right to a fair 34
LC000496 - Page 16 of 19
trial or an impartial adjudication; (c) Could reasonably be expected to constitute an unwarranted 1
invasion of personal privacy; (d) Could reasonably be expected to disclose the identity of a 2
confidential source, including a state, local, or foreign agency or authority, or any private institution 3
that furnished information on a confidential basis, or the information furnished by a confidential 4
source; (e) Would disclose techniques and procedures for law enforcement investigations or 5
prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions; or 6
(f) Could reasonably be expected to endanger the life or physical safety of any individual. Records 7
relating to management and direction of a law enforcement agency and records or reports reflecting 8
the initial arrest of an adult and the charge or charges brought against an adult shall be public. 9
(E) Any records that would not be available by law or rule of court to an opposing party in 10
litigation. 11
(F) Scientific and technological secrets and the security plans of military and law 12
enforcement agencies, the disclosure of which would endanger the public welfare and security. 13
(G) Any records that disclose the identity of the contributor of a bona fide and lawful 14
charitable contribution to the public body whenever public anonymity has been requested of the 15
public body with respect to the contribution by the contributor. 16
(H) Reports and statements of strategy or negotiation involving labor negotiations or 17
collective bargaining. 18
(I) Reports and statements of strategy or negotiation with respect to the investment or 19
borrowing of public funds, until such time as those transactions are entered into. 20
(J) Any minutes of a meeting of a public body that are not required to be disclosed pursuant 21
to chapter 46 of title 42. 22
(K) Preliminary drafts, notes, impressions, memoranda, working papers, and work 23
products, including those involving research at state institutions of higher education on commercial, 24
scientific, artistic, technical, or scholarly issues, whether in electronic or other format; provided, 25
however, any documents submitted at a public meeting of a public body shall be deemed public. 26
(L) Test questions, scoring keys, and other examination data used to administer a licensing 27
examination, examination for employment or promotion, or academic examinations; provided, 28
however, that a person shall have the right to review the results of his or her examination. 29
(M) Correspondence of or to elected officials with or relating to those they represent and 30
correspondence of or to elected officials in their official capacities. 31
(N) The contents of real estate appraisals, engineering, or feasibility estimates and 32
evaluations made for or by an agency relative to the acquisition of property or to prospective public 33
supply and construction contracts, until such time as all of the property has been acquired or all 34
LC000496 - Page 17 of 19
proceedings or transactions have been terminated or abandoned; provided the law of eminent 1
domain shall not be affected by this provision. 2
(O) All tax returns. 3
(P) All investigatory records of public bodies, with the exception of law enforcement 4
agencies, pertaining to possible violations of statute, rule, or regulation other than records of final 5
actions taken, provided that all records prior to formal notification of violations or noncompliance 6
shall not be deemed to be public. 7
(Q) Records of individual test scores on professional certification and licensing 8
examinations; provided, however, that a person shall have the right to review the results of his or 9
her examination. 10
(R) Requests for advisory opinions until such time as the public body issues its opinion. 11
(S) Records, reports, opinions, information, and statements required to be kept confidential 12
by federal law or regulation or state law or rule of court. 13
(T) Judicial bodies are included in the definition only in respect to their administrative 14
function provided that records kept pursuant to the provisions of chapter 16 of title 8 are exempt 15
from the operation of this chapter. 16
(U) Library records that, by themselves or when examined with other public records, would 17
reveal the identity of the library user requesting, checking out, or using any library materials. 18
(V) Printouts from TELE — TEXT devices used by people who are deaf or hard of hearing 19
or speech impaired. 20
(W) All records received by the insurance division of the department of business regulation 21
from other states, either directly or through the National Association of Insurance Commissioners, 22
if those records are accorded confidential treatment in that state. Nothing contained in this title or 23
any other provision of law shall prevent or be construed as prohibiting the commissioner of 24
insurance from disclosing otherwise confidential information to the insurance department of this 25
or any other state or country, at any time, so long as the agency or office receiving the records 26
agrees in writing to hold it confidential in a manner consistent with the laws of this state. 27
(X) Credit card account numbers in the possession of state or local government are 28
confidential and shall not be deemed public records. 29
(Y) Any documentary material, answers to written interrogatories, or oral testimony 30
provided under any subpoena issued under § 9-1.1-6. 31
(Z) Any individually identifiable evaluations of public school employees made pursuant to 32
state or federal law or regulation. 33
(AA) All documents prepared by school districts intended to be used by school districts in 34
LC000496 - Page 18 of 19
protecting the safety of their students from potential and actual threats. 1
(BB) The list of teachers terminated for good and just cause maintained by the department 2
of education pursuant to § 16-13-9. 3
(CC) All documents, records and any records of proceedings generated pursuant to any 4
appeal brought under § 11-47-65, before a licensing authority, the department of attorney general 5
or the superior court. 6
SECTION 4. This act shall take effect upon passage. 7
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL OFFENSES -- WEAPONS
***
This act would define "suitable person" for purposes of possessing and having a concealed 1
carry pistol permit and would establish reasons for applying for a carry permit for both in-state and 2
out-of-state residents. This act would also set forth what information is required on applications for 3
carry permits, establish an appeal process when an application is denied and provide that records 4
relating to carry permits and appeals would not be a public record. 5
This act would take effect upon passage. 6
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