Rhode Island 2023 2023 Regular Session

Rhode Island House Bill H5574 Introduced / Bill

Filed 02/15/2023

                     
 
 
 
2023 -- H 5574 
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S TATE  OF RHODE IS LAND 
IN GENERAL ASSEMBLY 
JANUARY SESSION, A.D. 2023 
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A N   A C T 
RELATING TO CRIMINAL OFFENSES -- WEAPONS 
Introduced By: Representatives Place, Rea, Roberts, and Nardone 
Date Introduced: February 15, 2023 
Referred To: House Judiciary 
 
 
It is enacted by the General Assembly as follows: 
SECTION 1. Section 11-47-9 of the General Laws in Chapter 11-47 entitled "Weapons" is 1 
hereby amended to read as follows: 2 
11-47-9. Persons exempt from restrictions. 3 
(a) The provisions of § 11-47-8 shall not apply to sheriffs; deputy sheriffs; the 4 
superintendent and members of the state police; members of the Rhode Island airport police 5 
department; members of the Rhode Island state marshals; Rhode Island state fire marshal; chief 6 
deputy state fire marshals; deputy state fire marshals assigned to the bomb squad, and those 7 
assigned to the investigation unit; Providence fire department arson investigators, provided that the 8 
investigator receiving the permit is a graduate of a police-training academy; correctional officers, 9 
chief inspector and inspectors within the office of inspections, within the department of corrections; 10 
members of the city or town police force; capitol police investigators of the department of attorney 11 
general appointed pursuant to § 42-9-8.1; the witness protection coordinator for the witness 12 
protection review board as set forth in chapter 30 of title 12 and subject to the minimum 13 
qualifications of § 42-9-8.1; automobile theft investigators of the Rhode Island state police pursuant 14 
to § 31-50-1; railroad police while traveling to and from official assignments or while on 15 
assignments; conservation officers; or other duly appointed law enforcement officers; nor to 16 
members of the Army, Navy, Air Force, and Marine Corps of the United States, the National Guard, 17 
or organized reserves, when on duty; nor to members of organizations by law authorized to 18 
purchase or receive firearms from the United States or this state, provided these members are at, or 19   
 
 
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going to or from, their places of assembly or target practice; nor to officers or employees of the 1 
United States authorized by law to carry a concealed firearm; nor to any civilian guard or criminal 2 
investigator carrying sidearms or a concealed firearm in the performance of his or her official duties 3 
under the authority of the commanding officer of the military establishment in the state of Rhode 4 
Island where he or she is employed by the United States; nor to any civilian guard carrying sidearms 5 
or a concealed firearm in the performance of his or her official duties under the authority of the 6 
adjutant general where he or she is employed guarding a national guard facility, provided, that the 7 
commanding officer of the military establishment shall have on file with the attorney general of 8 
this state a list of the names and addresses of all civilian guards and criminal investigators so 9 
authorized; nor to duly authorized military organizations when on duty; nor to members when at, 10 
or going to or from, their customary places of assembly; nor to any individual employed in the 11 
capacity of warden, associate warden, major, captain, lieutenant, sergeant, correctional officer or 12 
investigator at any project owned or operated by a municipal detention facility corporation, 13 
including the Donald W. Wyatt Detention Facility; nor to the regular and/or ordinary transportation 14 
of pistols or revolvers as merchandise; nor to any person while transporting a pistol, or revolvers, 15 
unloaded from the place of purchase to their residence, or place of business, from their residence 16 
to their place of business or from their place of business to their residence, or to a federal firearms 17 
licensee for the purpose of sale, to or from a bona fide gunsmith, or firearms repair facility, to any 18 
police station or other location designated as a site of a bona fide “gun buy-back” program, but 19 
only if said pistol or revolver is unloaded and any ammunition for said pistol or revolver is not 20 
readily or directly accessible from the passenger compartment of such vehicle while transporting 21 
same and further provided, that in the case of a vehicle without a compartment separate from the 22 
passenger compartment, the firearm or the ammunition shall be stored in a locked container. 23 
(b) Persons exempted by the provisions of this section from the provisions of § 11-47-8 24 
shall have the right to carry concealed firearms everywhere within this state; provided, that this 25 
shall not be construed as giving the right to carry concealed firearms to a person transporting 26 
firearms as merchandise or as household or business goods. 27 
(c) The attorney general shall have the authority to enter into agreements or otherwise 28 
formally approve reciprocal recognition with other states that require an agreement to be in place 29 
before that state will recognize a Rhode Island attorney general and a city or town police department 30 
concealed handgun permit as valid. 31 
(d) The State of Rhode Island shall recognize and honor a concealed handgun or concealed 32 
weapon permit or license issued by any other state or county, provided: 33 
(1) The permit or license holder is a non-resident who is twenty-one (21) years of age or 34   
 
 
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older; 1 
(2) The reciprocal state or county provides the means for instantaneous verification of the 2 
validity of all such permits or licenses issued within that state or county, accessible twenty-four 3 
(24) hours a day; 4 
(3) The permit or license holder has in their possession the concealed handgun or concealed 5 
weapon permit or license along with a photo identification issued by a state or government agency 6 
and presents for verification the permit or license and identification upon demand by a law 7 
enforcement officer; and 8 
(4) The permit or license holder is subject to the same laws and restrictions with respect to 9 
carrying a concealed weapon or concealed firearm as a resident of Rhode Island, who is so licensed. 10 
(e) The State of Rhode Island shall recognize an official government issued law 11 
enforcement identification card issued to an active-duty law enforcement officer from any other 12 
state or county.  These individuals shall be exempted from the provisions of § 11-47-8 and shall 13 
have the right to carry a concealed firearm everywhere within the state. 14 
SECTION 2. This act shall take effect upon passage. 15 
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EXPLANATION 
BY THE LEGISLATIVE COUNCIL 
OF 
A N   A C T 
RELATING TO CRIMINAL OFFENSES -- WEAPONS 
***
This act would allow the attorney general to enter in agreements with other states to 1 
recognize a concealed handgun permit as valid.  This act would authorize the State of Rhode Island 2 
to recognize and honor a concealed weapon permit from out of state provided the license holder is 3 
twenty-one (21) years of age or older, the reciprocal state or county provides a means of twenty-4 
four (24) hours instantaneous verification, the permit holder has in their immediate possession the 5 
valid out of state permit along with a state issued photo identification and the individual is subject 6 
to the same laws and restrictions with respect to carrying a weapon as a resident of Rhode Island. 7 
Further, any active duty law enforcement officers having a government issued identification card 8 
would have the right to carry a concealed firearm within the State of Rhode Island. 9 
This act would take effect upon passage. 10 
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