Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0134 Compare Versions

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

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5	5	2023 -- S 0134
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7	7	LC000139
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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: Senators LaMountain, Quezada, McKenney, Euer, Burke, and Tikoian
17	17	Date Introduced: February 01, 2023
18	18	Referred To: Senate Judiciary
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Sections 11-47-11 and 11-47-18 of the General Laws in Chapter 11-47 1
23	23	entitled "Weapons" are hereby amended to read as follows: 2
24	24	11-47-11. License or permit to carry concealed pistol or revolver. 3
25	25	(a) The licensing authorities of any city or town shall, upon application of any person 4
26	26	twenty-one (21) years of age or over having a bona fide residence or place of business within the 5
27	27	city or town, or of any person twenty-one (21) years of age or over having a bona fide residence 6
28	28	within the United States and a license or permit to carry a pistol or revolver concealed upon his or 7
29	29	her person issued by the authorities of any other state or subdivision of the United States, issue a 8
30	30	license or permit to the person to carry concealed upon his or her person a pistol or revolver 9
31	31	everywhere within this state for four (4) years from date of issue, if it appears that the applicant has 10
32	32	good reason to fear an injury to his or her person or property or has any other proper reason for 11
33	33	carrying a pistol or revolver, and that he or she is a suitable person to be so licensed. The license 12
34	34	or permit shall be in triplicate in form to be prescribed by the attorney general and shall bear the 13
35	35	fingerprint, photograph, name, address, description, and signature of the licensee and the reason 14
36	36	given for desiring a license or permit and in no case shall it contain the serial number of any firearm. 15
37	37	The original shall be delivered to the licensee. Any member of the licensing authority, its agents, 16
38	38	servants, and employees shall be immune from suit in any action, civil or criminal, based upon any 17
39	39	official act or decision, performed or made in good faith in issuing a license or permit under this 18
40	40	chapter. 19
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44	44	(b) Notwithstanding any other chapter or section of the general laws of the state of Rhode 1
45	45	Island, the licensing authority of any city or town shall not provide or release to any individua l, 2
46	46	firm, association or corporation the name, address, or date of birth of any person who has held or 3
47	47	currently holds a license or permit to carry a concealed pistol or revolver. This section shall not be 4
48	48	construed to prohibit the release of any statistical data of a general nature relative to age, gender 5
49	49	and racial or ethnic background nor shall it be construed to prevent the release of information to 6
50	50	parties involved in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal 7
51	51	or civil action which the person is a party to that action. 8
52	52	11-47-18. License or permit issued by attorney general on showing of need — Issuance 9
53	53	to retired police officers. 10
54	54	(a) The attorney general may issue a license or permit to any person twenty-one (21) years 11
55	55	of age or over to carry a pistol or revolver, whether concealed or not, upon his or her person upon 12
56	56	a proper showing of need, subject to the provisions of §§ 11-47-12 and 11-47-15; that license or 13
57	57	permit may be issued notwithstanding the provisions of § 11-47-7. Any person who resides in 14
58	58	another state, whether the person has a license or permit to carry a pistol or revolver issued by that, 15
59	59	or any other state, shall be subject to all requirements in this section. 16
60	60	(b) All state police officers and permanent members of city and town police forces of this 17
61	61	state who have retired in good standing after at least twenty (20) years of service, or retired in good 18
62	62	standing due to a physical disability other than a psychological impairment, may be issued a license 19
63	63	or permit by the attorney general subject to the provisions of §§ 11-47-12 and 11-47-15. If any such 20
64	64	retired police officer resides outside the State of Rhode Island, the person shall be subject to the 21
65	65	requirements of subsection (a) of this section. The term “in good standing” means that at the time 22
66	66	of retirement, the police officer was not facing disciplinary action that could have resulted in his or 23
67	67	her termination for misconduct or unfitness for office. Any member of the licensing authority, and 24
68	68	its agents, servants, and employees shall be immune from suit in any action, civil or criminal, based 25
69	69	upon any official act or decision, performed or made in good faith in issuing a license or permit 26
70	70	under this chapter. 27
71	71	(c) Notwithstanding any other chapter or section of the general laws of the state of Rhode 28
72	72	Island, the attorney general shall not provide or release to any individual, firm, association or 29
73	73	corporation the name, address, or date of birth of any person who has held or currently holds a 30
74	74	license or permit to carry a concealed pistol or revolver. This section shall not be construed to 31
75	75	prohibit the release of any statistical data of a general nature relative to age, gender and racial or 32
76	76	ethnic background nor shall it be construed to prevent the release of information to parties involved 33
77	77	in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal or civil action 34
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81	81	which said person is a party to such action. 1
82	82	SECTION 2. This act shall take effect upon passage. 2
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89	89	EXPLANATION
90	90	BY THE LEGISLATIVE COUNCIL
91	91	OF
92	92	A N A C T
93	93	RELATING TO CRIMINAL OFFENSES -- WEAPONS
94	94	***
95	95	This act would prohibit any city or town from issuing a license or permit to carry a 1
96	96	concealed weapon to any individual on the basis that person has a license or permit from another 2
97	97	state. Cities and towns would be restricted to issuing licenses or permits to those individuals who 3
98	98	reside or who have a business within that city or town. This act would also require that any out-of-4
99	99	state applicant meet all the requirements of § 11-47-18 before being issued a license or permit to 5
100	100	carry a concealed weapon. 6
101	101	This act would take effect upon passage. 7
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103	103	LC000139
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