Rhode Island 2023 Regular Session

Rhode Island House Bill H5574 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5574
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7	7	LC001913
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
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14	14	A N A C T
15	15	RELATING TO CRIMINAL OFFENSES -- WEAPONS
16	16	Introduced By: Representatives Place, Rea, Roberts, and Nardone
17	17	Date Introduced: February 15, 2023
18	18	Referred To: House Judiciary
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 11-47-9 of the General Laws in Chapter 11-47 entitled "Weapons" is 1
23	23	hereby amended to read as follows: 2
24	24	11-47-9. Persons exempt from restrictions. 3
25	25	(a) The provisions of § 11-47-8 shall not apply to sheriffs; deputy sheriffs; the 4
26	26	superintendent and members of the state police; members of the Rhode Island airport police 5
27	27	department; members of the Rhode Island state marshals; Rhode Island state fire marshal; chief 6
28	28	deputy state fire marshals; deputy state fire marshals assigned to the bomb squad, and those 7
29	29	assigned to the investigation unit; Providence fire department arson investigators, provided that the 8
30	30	investigator receiving the permit is a graduate of a police-training academy; correctional officers, 9
31	31	chief inspector and inspectors within the office of inspections, within the department of corrections; 10
32	32	members of the city or town police force; capitol police investigators of the department of attorney 11
33	33	general appointed pursuant to § 42-9-8.1; the witness protection coordinator for the witness 12
34	34	protection review board as set forth in chapter 30 of title 12 and subject to the minimum 13
35	35	qualifications of § 42-9-8.1; automobile theft investigators of the Rhode Island state police pursuant 14
36	36	to § 31-50-1; railroad police while traveling to and from official assignments or while on 15
37	37	assignments; conservation officers; or other duly appointed law enforcement officers; nor to 16
38	38	members of the Army, Navy, Air Force, and Marine Corps of the United States, the National Guard, 17
39	39	or organized reserves, when on duty; nor to members of organizations by law authorized to 18
40	40	purchase or receive firearms from the United States or this state, provided these members are at, or 19
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44	44	going to or from, their places of assembly or target practice; nor to officers or employees of the 1
45	45	United States authorized by law to carry a concealed firearm; nor to any civilian guard or criminal 2
46	46	investigator carrying sidearms or a concealed firearm in the performance of his or her official duties 3
47	47	under the authority of the commanding officer of the military establishment in the state of Rhode 4
48	48	Island where he or she is employed by the United States; nor to any civilian guard carrying sidearms 5
49	49	or a concealed firearm in the performance of his or her official duties under the authority of the 6
50	50	adjutant general where he or she is employed guarding a national guard facility, provided, that the 7
51	51	commanding officer of the military establishment shall have on file with the attorney general of 8
52	52	this state a list of the names and addresses of all civilian guards and criminal investigators so 9
53	53	authorized; nor to duly authorized military organizations when on duty; nor to members when at, 10
54	54	or going to or from, their customary places of assembly; nor to any individual employed in the 11
55	55	capacity of warden, associate warden, major, captain, lieutenant, sergeant, correctional officer or 12
56	56	investigator at any project owned or operated by a municipal detention facility corporation, 13
57	57	including the Donald W. Wyatt Detention Facility; nor to the regular and/or ordinary transportation 14
58	58	of pistols or revolvers as merchandise; nor to any person while transporting a pistol, or revolvers, 15
59	59	unloaded from the place of purchase to their residence, or place of business, from their residence 16
60	60	to their place of business or from their place of business to their residence, or to a federal firearms 17
61	61	licensee for the purpose of sale, to or from a bona fide gunsmith, or firearms repair facility, to any 18
62	62	police station or other location designated as a site of a bona fide “gun buy-back” program, but 19
63	63	only if said pistol or revolver is unloaded and any ammunition for said pistol or revolver is not 20
64	64	readily or directly accessible from the passenger compartment of such vehicle while transporting 21
65	65	same and further provided, that in the case of a vehicle without a compartment separate from the 22
66	66	passenger compartment, the firearm or the ammunition shall be stored in a locked container. 23
67	67	(b) Persons exempted by the provisions of this section from the provisions of § 11-47-8 24
68	68	shall have the right to carry concealed firearms everywhere within this state; provided, that this 25
69	69	shall not be construed as giving the right to carry concealed firearms to a person transporting 26
70	70	firearms as merchandise or as household or business goods. 27
71	71	(c) The attorney general shall have the authority to enter into agreements or otherwise 28
72	72	formally approve reciprocal recognition with other states that require an agreement to be in place 29
73	73	before that state will recognize a Rhode Island attorney general and a city or town police department 30
74	74	concealed handgun permit as valid. 31
75	75	(d) The State of Rhode Island shall recognize and honor a concealed handgun or concealed 32
76	76	weapon permit or license issued by any other state or county, provided: 33
77	77	(1) The permit or license holder is a non-resident who is twenty-one (21) years of age or 34
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81	81	older; 1
82	82	(2) The reciprocal state or county provides the means for instantaneous verification of the 2
83	83	validity of all such permits or licenses issued within that state or county, accessible twenty-four 3
84	84	(24) hours a day; 4
85	85	(3) The permit or license holder has in their possession the concealed handgun or concealed 5
86	86	weapon permit or license along with a photo identification issued by a state or government agency 6
87	87	and presents for verification the permit or license and identification upon demand by a law 7
88	88	enforcement officer; and 8
89	89	(4) The permit or license holder is subject to the same laws and restrictions with respect to 9
90	90	carrying a concealed weapon or concealed firearm as a resident of Rhode Island, who is so licensed. 10
91	91	(e) The State of Rhode Island shall recognize an official government issued law 11
92	92	enforcement identification card issued to an active-duty law enforcement officer from any other 12
93	93	state or county. These individuals shall be exempted from the provisions of § 11-47-8 and shall 13
94	94	have the right to carry a concealed firearm everywhere within the state. 14
95	95	SECTION 2. This act shall take effect upon passage. 15
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102	102	EXPLANATION
103	103	BY THE LEGISLATIVE COUNCIL
104	104	OF
105	105	A N A C T
106	106	RELATING TO CRIMINAL OFFENSES -- WEAPONS
107	107	***
108	108	This act would allow the attorney general to enter in agreements with other states to 1
109	109	recognize a concealed handgun permit as valid. This act would authorize the State of Rhode Island 2
110	110	to recognize and honor a concealed weapon permit from out of state provided the license holder is 3
111	111	twenty-one (21) years of age or older, the reciprocal state or county provides a means of twenty-4
112	112	four (24) hours instantaneous verification, the permit holder has in their immediate possession the 5
113	113	valid out of state permit along with a state issued photo identification and the individual is subject 6
114	114	to the same laws and restrictions with respect to carrying a weapon as a resident of Rhode Island. 7
115	115	Further, any active duty law enforcement officers having a government issued identification card 8
116	116	would have the right to carry a concealed firearm within the State of Rhode Island. 9
117	117	This act would take effect upon passage. 10
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