2023 -- S 0348
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LC001531
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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: Senators Rogers, de la Cruz, DeLuca, and Paolino
Date Introduced: February 16, 2023
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Sections 11-47-2, 11-47-9, 11-47-11, 11-47-12, 11-47-18 and 11-47-20 of 1
the General Laws in 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 20
possessing a pistol or revolver. A person may be considered unsuitable if the licensing authority 21
has clear and convincing evidence that the person is a clear and present danger to himself or herself, 22
or to another person. Any person may be considered unsuitable if the law enforcement agency doing 23
the background check or the department of attorney general has evidence which supports a good 24
faith 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
11-47-9. Persons exempt from restrictions. 5
(a) The provisions of § 11-47-8 shall not apply to sheriffs; deputy sheriffs; the 6
superintendent and members of the state police; members of the Rhode Island airport police 7
department; members of the Rhode Island state marshals; Rhode Island state fire marshal; chief 8
deputy state fire marshals; deputy state fire marshals assigned to the bomb squad, and those 9
assigned to the investigation unit; Providence fire department arson investigators, provided that the 10
investigator receiving the permit is a graduate of a police-training academy; correctional officers, 11
chief inspector and inspectors within the office of inspections, within the department of corrections; 12
members of the city or town police force; capitol police investigators of the department of attorney 13
general appointed pursuant to § 42-9-8.1; the witness protection coordinator for the witness 14
protection review board as set forth in chapter 30 of title 12 and subject to the minimum 15
qualifications of § 42-9-8.1; automobile theft investigators of the Rhode Island state police pursuant 16
to § 31-50-1; railroad police while traveling to and from official assignments or while on 17
assignments; conservation officers; or other duly appointed law enforcement officers; nor to 18
members of the Army, Navy, Air Force, and Marine Corps of the United States, the National Guard, 19
or organized reserves, when on duty; nor to members of organizations by law authorized to 20
purchase or receive firearms from the United States or this state, provided these members are at, or 21
going to or from, their places of assembly or target practice; nor to officers or employees of the 22
United States authorized by law to carry a concealed firearm; nor to any civilian guard or criminal 23
investigator carrying sidearms or a concealed firearm in the performance of his or her official duties 24
under the authority of the commanding officer of the military establishment in the state of Rhode 25
Island where he or she is employed by the United States; nor to any civilian guard carrying sidearms 26
or a concealed firearm in the performance of his or her official duties under the authority of the 27
adjutant general where he or she is employed guarding a national guard facility, provided, that the 28
commanding officer of the military establishment shall have on file with the attorney general of 29
this state a list of the names and addresses of all civilian guards and criminal investigators so 30
authorized; nor to duly authorized military organizations when on duty; nor to members when at, 31
or going to or from, their customary places of assembly; nor to any individual employed in the 32
capacity of warden, associate warden, major, captain, lieutenant, sergeant, correctional officer or 33
investigator at any project owned or operated by a municipal detention facility corporation, 34
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including the Donald W. Wyatt Detention Facility; nor to the regular and/or ordinary transportation 1
of pistols or revolvers as merchandise; nor to any person while transporting a pistol, or revolvers, 2
unloaded from the place of purchase to their residence, or place of business, from their residence 3
to their place of business or from their place of business to their residence, or to a federal firearms 4
licensee for the purpose of sale, to or from a bona fide gunsmith, or firearms repair facility, to any 5
police station or other location designated as a site of a bona fide “gun buy-back” program, but 6
only if said pistol or revolver is unloaded and any ammunition for said pistol or revolver is not 7
readily or directly accessible from the passenger compartment of such vehicle while transporting 8
same and further provided, that in the case of a vehicle without a compartment separate from the 9
passenger compartment, the firearm or the ammunition shall be stored in a locked container. 10
(b) Persons exempted by the provisions of this section from the provisions of § 11-47-8 11
shall have the right to carry concealed firearms everywhere within this state; provided, that this 12
shall not be construed as giving the right to carry concealed firearms to a person transporting 13
firearms as merchandise or as household or business goods. 14
(c) The attorney general shall have the authority to enter into agreements or otherwise 15
formally approve reciprocal recognition with other states that require an agreement to be in place 16
before that state will recognize a Rhode Island attorney general or a city or town police department 17
concealed handgun permit as valid. 18
(d) Rhode Island shall recognize and honor a concealed handgun or concealed weapon 19
permit or license issued by any other reciprocal state or county, provided: 20
(1) The permit or license holder is a non-resident who is twenty-one (21) years of age or 21
older; 22
(2) The reciprocal state and/or county provides the means of instantaneous verification of 23
the validity of all such permits or licenses issued within that state or county, accessible twenty-four 24
(24) hours a day; 25
(3) The permit or license holder has in his or her immediate possession the concealed 26
handgun or concealed weapon license along with a phot identification issued by a state or 27
government agency and present for verification the permit or license and identification upon 28
demand by a law enforcement officer; 29
(4) The permit of license holder is subject to the same laws and restrictions with respect to 30
carrying a concealed firearm as a resident of Rhode Island who is so licensed. 31
(e) Rhode Island shall recognize an official government-issued law enforcement 32
identification card issued to an active-duty law enforcement officer from any other state or county. 33
These individuals shall be exempted from the provisions of § 11-47-8 and shall have the right to 34
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carry a concealed firearm everywhere within this state. 1
11-47-11. License or permit to carry concealed pistol or revolver. 2
(a) The licensing authorities of any city or town shall, upon application of any person 3
twenty-one (21) years of age or over having a bona fide residence or place of business within the 4
city or town, or of any person twenty-one (21) years of age or over having a bona fide residence 5
within the United States and a license or permit to carry a pistol or revolver concealed upon his or 6
her person issued by the authorities of any other state or subdivision of the United States, issue a 7
license or permit to the person to carry concealed upon his or her person a pistol or revolver 8
everywhere within this state for four (4) years from date of issue, if it appears that the applicant has 9
good reason to fear an injury to his or her person or property or has any other proper lawful reason 10
for carrying a pistol or revolver, and that he or she is a suitable person to be so licensed, subject to 11
the provisions of §§ 11-47-12 and 11-47-15. Self-defense shall be considered a proper purpose and 12
lawful reason. 13
(1) The license or permit shall be in triplicate in form to be prescribed by the attorney 14
general and shall bear the fingerprint, photograph, name, address, description, and signature of the 15
licensee and the reason given for desiring a license or permit and in no case shall it contain the 16
serial number of any firearm. The original shall be delivered to the licensee. 17
(2) The licensing authority shall retain a copy of the permit for its records and send a second 18
copy to the department of attorney general. All permits issued or renewed pursuant to this section 19
shall be recorded in the Rhode Island criminal history database, or its successor system. 20
(3) Any member of the licensing authority, its agents, servants, and employees shall be 21
immune from suit in any action, civil or criminal, based upon any official act or decision, performed 22
or made in good faith in issuing a license or permit under this chapter. 23
(b) The licensing authority shall, within fourteen (14) calendar days, return any incomplete 24
application to the applicant along with a written explanation, stating with specificity, why the 25
application is incomplete. 26
(c) The licensing authority shall approve or deny a complete application within ninety (90) 27
calendar days of receiving it. 28
(1) Within seven (7) business days after approval, the license shall be made available for 29
the applicant to pick up in person or, at the request and expense of the applicant be delivered by 30
mail. 31
(2) Any denial shall be in writing and state with specificity the reason(s) and evidence upon 32
which the licensing authority based its decision on and the rationale for the denial. 33
(3) Failure by the licensing authority to approve or deny within the time allowed shall 34
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constitute a denial for the sole purpose of permitting an appeal by the applicant and for no other 1
purpose, and shall create a presumption that no evidence exists indicating that the applicant is 2
unsuitable. 3
(d) Any permit issued pursuant to this section is eligible to be renewed if it is not expired, 4
or has been expired for less than six (6) months. Any person whose permit has been expired for six 5
(6) months or more may apply for a new permit under this section. 6
(e) Each licensing authority shall make its application available to any person by: 7
(1) Posting it on its website, if it has one; and 8
(2) Making it immediately available, free of charge, to any person who requests it; and 9
(3) Upon request, providing a copy by regular mail using the United States postal service. 10
(f) All applications shall require two (2) forms of identification, such as a driver’s license, 11
state issued non-driver identification card, concealed carry permit issued by any state or political 12
subdivision of any state, passport, immigration documentation, military identification, student 13
identification, social security card or a birth certificate. At least one of these must be a government 14
issued photo identification. 15
(1) The licensing authority may only use the applicant’s social security number for the 16
background check. 17
(g) All applications shall include a federal bureau of investigation (FBI) fingerprint card 18
(FD-258), or successor version, or provide fingerprints by live-scan, with the application, except 19
that this shall not be a requirement for a renewal applicant. 20
(h) All applications shall include a copy of the instructor’s credentials for the instructor 21
who certified their qualification score on the applicant’s application. 22
(j) All licensing authorities of a city or town shall use the following application: 23
Application for a concealed carry license pursuant to RIGL § 11-47-11 24
Name: __________________________________________________________________ 25
Address: 26
__________________________________________________________________ 27
(Street and number) (City or town) (State) (ZIP) 28
Date of Birth: _________________ Place of Birth_____________________ 29
Height: __________ Weight: __________ Color hair: ___________ Color eyes: __ 30
Are you a citizen of the United States?_____________________ 31
If you are not a US citizen, please list your admission/INS number: ____________ 32
ARMY L or RI COMBAT COURSE shooting score: ______________________ 33
Name and certification number of NRA or RI instructor: _____________________ 34
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Signature of instructor: 1
__________________________________________________________ 2
Have you ever been convicted of a crime of violence (Pursuant to §11-47-2)? ____ 3
Are you a fugitive from justice (Pursuant to §11-47-2)?______________________ 4
Have you ever been adjudicated as being addicted to a controlled substance (Pursuant to 5
§11-47-6)? __________________________ 6
Have you ever been adjudicated as being mentally incompetent (Pursuant to §11-47-6)? 7
_______ 8
Have you been dishonorably discharged from the United States Military? _______ 9
To your knowledge, are you prohibited by federal or state law from possessing a firearm? 10
__________ 11
For what lawful purpose do you seek to carry a pistol or rev olver? 12
______________________________________________________________ 13
Applicant's signature: 14
______________________________________________________________ 15
(See §11-47-23 for penalty for false information provided on this application) 16
AFFIDAVIT: I certify that I have read and am familiar with the provisions of chapter 47 17
of title 11, of the general laws of the State of Rhode Island and that I am aware of the penalties for 18
violation of the provisions of the cited sections. 19
Signed before me under penalties of perjury by____________________, known to me 20
____personally or did present a valid photo identification card which 21
was_________________________ 22
County of _________________ 23
State of Rhode 24
Subscribed and sworn before me this ____ of ________________, 20____ 25
Notary Public 26
Notary Public number:________________ 27
(j) No licensing authority shall require any additional forms, standards, information, 28
waivers or other additional requirements. An applicant may submit additional information 29
documentation at the applicant’s discretion. 30
(k) The licensing authority shall establish and maintain an emergency permit extension on 31
the renewal application for a license to carry a concealable weapon. 32
(1) The emergency permit extension is only available to renewal applicants who, at the 33
time of the application, have an unexpired four (4) year city or town issued license to carry a 34
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concealable weapon and who must maintain this license for work purposes. 1
(2) A complete renewal application must be delivered to the licensing authority prior to the 2
license expiration date. 3
(3) The licensing authority shall, within three (3) business days of receipt of the renewal 4
application if there is no material change in the renewal application, no material change in need 5
and no change in the applicant’s criminal history, automatically approve and make available the 6
emergency permit. 7
(4) A fee of fifty dollars ($50.00) shall be paid to the licensing authority for the emergency 8
permit extension upon the issuance of the emergency permit. 9
(5) An emergency license to carry a concealable weapon will be valid for ninety (90) days 10
only. 11
(6) Nothing in the emergency permit extension section shall be construed or interpreted to 12
stay or toll the time periods in the renewal process as outlined in subsection (e) of this section. 13
(b)(m) Notwithstanding any other chapter or section of the general laws of the state of 14
Rhode Island, the licensing authority of any city or town shall not provide or release to any 15
individual, firm, association or corporation the name, address, or date of birth of any person who 16
has held or currently holds a license or permit to carry a concealed pistol or revolver. This section 17
shall not be construed to prohibit the release of any statistical data of a general nature relative to 18
age, gender and racial or ethnic background nor shall it be construed to prevent the release of 19
information to parties involved in any prosecution of § 11-47-8 or in response to a lawful subpoena 20
in any criminal or civil action which the person is a party to that action. 21
11-47-12. License or permit fee. License to carry weapon fee. 22
A fee of forty dollars ($40.00) shall be charged and shall be paid for each a license or 23
permit to carry a weapon to the licensing authority issuing it and/or the attorney general upon 24
issuance issuing it. No additional fees or costs of any type shall be charged or assessed for any 25
reason, except, that the applicant may be assessed the actual cost charged by the FBI to process 26
their fingerprints. Every license or permit shall be valid for four (4) years from the date when issued 27
unless sooner revoked, subject only to the emergency permit provisions contained in this chapter. 28
The fee charged for issuing of the license or permit shall be applied for the use and benefit of the 29
city, town, or state of Rhode Island the department of attorney general. 30
11-47-18. License or permit issued by attorney general on showing of need — Issuance 31
to retired police officers. 32
(a) The attorney general may issue a license or permit to any person twenty-one (21) years 33
of age or over to carry a pistol or revolver, whether concealed or not, upon his or her person 34
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everywhere within this state for four (4) years from the date of issue upon a proper showing of 1
need, or employment and that he or she is a suitable person to be so licensed, subject to the 2
provisions of §§ 11-47-12 and 11-47-15; that license or permit may be issued notwithstanding the 3
provisions of § 11-47-7. 4
(1) A license to carry a pistol or revolver may not be issued to and is immediately revoked 5
for an individual who is in violation of § 11-47-7. 6
(b) All state police officers and permanent members of city and town police forces of this 7
state who have retired in good standing after at least twenty (20) years of service, or retired in good 8
standing due to a physical disability other than a psychological impairment, may shall be issued a 9
license or permit by the attorney general subject to the provisions of §§ 11-47-12 and 11-47-15. 10
The term “in good standing” means that at the time of retirement, the police officer was not facing 11
disciplinary action that could have resulted in his or her termination for misconduct or unfitness for 12
office. Any member of the licensing authority, and its agents, servants, and employees shall be 13
immune from suit in any action, civil or criminal, based upon any official act or decision, performed 14
or made in good faith in issuing and/or denying a license or permit under this chapter. 15
(c) Notwithstanding any other chapter or section of the general laws of the state of Rhode 16
Island, the attorney general shall not provide or release to any individual, firm, association or 17
corporation the name, address, or date of birth of any person who has held or currently holds a 18
license or permit to carry a concealed pistol or revolver. This section shall not be construed to 19
prohibit the release of any statistical data of a general nature relative to age, gender and racial or 20
ethnic background nor shall it be construed to prevent the release of information to parties involved 21
in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal or civil action 22
which said person is a party to such action. 23
(d) Any permit issued pursuant to this section is eligible to be renewed if it is not expired, 24
or has been expired for less than six (6) months. Any person whose permit has been expired for six 25
(6) months or more may apply for a new permit under this section. 26
(e) The attorney general’s application for a license to carry a pistol or revolver shall be 27
filled out completely by the applicant, dated and signed by the applicant and notarized. 28
(f) The attorney general may request only the following information on the application: 29
(1) Applicant’s full name, prior name if legally changed, all nicknames and aliases, full 30
residence address and mailing address if different. No post office box addresses may be used; 31
(2) All of the applicant’s available phone numbers, including, but not limited to, business, 32
cellular, mobile and land line phone numbers; 33
(3) The applicant’s height, weight, color of eyes and hair, date and place of birth, and social 34
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security number; 1
(4) Applicant’s occupation, job description, years of employment and employer’s address 2
and contact information, except this information may only be required if the permit is being 3
requested as a condition of employment with a specific company; 4
(5) Applicant’s proof of citizenship, length of citizenship and if applicant is not a citizen 5
of the United States, a copy of both sides of a current and valid alien registration card or work 6
authorization card; 7
(6) A listing of all of the applicant’s address for the last three (3) years, including the full 8
address with dates of residence; 9
(7) Information relating to the applicant’s arrest record including, but not limited to, the 10
date the applicant was arrested, the name of the city/town or arresting agency, the state the arrest 11
occurred in, the arresting charge and disposition; 12
(8) Information relating to the applicant’s plea of nolo contendere to any charge or violation 13
including, but not limited to, the date applicant was arrested, the name of the city/town or arresting 14
agency, the state the plea occurred in, the arresting charge and disposition; 15
(9) Information relating to the applicant’s conviction record, including, but not limited to, 16
the date applicant was arrested, the name of the city/town or arresting agency, the state the arrest 17
occurred in, the arresting charge and disposition; 18
(10) Information relating to the applicant’s indictment in any court for a crime punishable 19
for more than one year, including, but not limited to, the name of the city/town or indicting agency, 20
the state of the indictment, the indicting charge and disposition; 21
(11) Information relating to whether the applicant was ever under a guardianship or been 22
subject confinement by virtue of being a mental incompetent, or who has been adjudicated or is 23
under treatment or confinement as a drug addict, including, but not limited to, the dates thereof; 24
and 25
(12) Information relating to the applicant’s current and prior applications for a permit to 26
carry a pistol or revolver from the Rhode Island attorney general, any local city or town, or any 27
other state, including, but not limited to, if any permit is active, denied or revoked, with the dates 28
and reasons thereof. The attorney general may require notarized photocopies of the front and back 29
of all valid permits. 30
(g) The attorney general may require only the following with the application from an out-31
of-state applicant: 32
(1) A dated, signed and notarized typed statement from the applicant outlining the 33
applicant’s specific reasons and details regarding the applicant's need for a Rhode Island permit. If 34
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the permit is to be used for employment, a typed and signed letter of explanation must be submitted 1
on the applicant’s employer’s letterhead and included with the application. In addition, the 2
applicant must submit a copy of the business license or other such evidence that the business exists. 3
(2) Two (2) 1” X 1” pictures of the applicant taken without headgear or glasses. This photo 4
must be a clear, colored picture of the head and face. The applicant must print their name on the 5
back of each picture. No laminated photos will be accepted. 6
(3) Copies of both the front and the back of two (2) types of positive identification for the 7
applicant, examples include, but are not limited to, birth certificate, United States Passport, a Rhode 8
Island or other state driver’s license or a Rhode Island identification card, concealed carry permit 9
issued by any state or political subdivision of any state, military identification, student identification 10
or social security card. At least one of these shall be a government issued photo identification. The 11
photocopies submitted shall be signed and dated by a notary public attesting to the photocopies as 12
being true copies. 13
(4) The application shall include the applicant’s full set of fingerprints submitted on a FBI 14
fingerprint identification card {FD-258 (Rev. 12-29-82 or successor version)} included with the 15
application. The fingerprint card shall be signed by the applicant. Submission of fingerprints shall 16
not necessary for a renewal application. 17
(5) Three (3) dated, signed and notarized typed reference letters from individuals who 18
personally know the applicant. The individuals used as references shall include on the letters the 19
following information: their full names, residence address, phone number with area code and the 20
years they have known the applicant. An applicant’s reference letter dated more than one hundred 21
and twenty days (120) prior to the date of the permit application will be considered invalid. 22
Reference letters shall be written by the reference, not the applicant, and cannot be identical. 23
Submission of letters of reference shall not be necessary for a renewal application. 24
(6) A certification that the applicant has qualified in accordance with § 11-47-15. (law 25
enforcement personnel may submit a certification of the Rhode Island combat course). An N.R.A. 26
instructor or a police range officer shall sign and complete the certification which shall include the 27
date of the qualification, the printed name, phone number of the instructor, instructor N.R.A. 28
number, the caliber of the weapon and the applicant’s score. An applicant’s qualification 29
certification dated more than one year prior to the date of the permit application will be considered 30
invalid. 31
(7) A copy of the N.R.A. instructor certification and/or the police officer’s range 32
certification shall be submitted with the application. 33
(8) The applicant’s legal residence may be required. The residency requirement may be 34
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satisfied by any one of the following methods: the application may be signed by the applicant’s 1
local licensing authority; the application may be signed by the city or town chief of police; the 2
application may be signed by the city or town clerk; or the applicant may submit a certified or 3
notarized copy the applicant’s voter registration card. 4
(9) The applicant shall sign an affidavit certifying that he or she has read and is familiar 5
with the provision of the firearms act, §§ 11-47-1 through 11-47-65, inclusive, as amended, and 6
acknowledges the penalties for violations of the provisions of the cited sections. The applicant shall 7
further attest that any alteration of the permit is just cause for revocation. The affidavit shall be 8
dated and notarized and shall indicate the date it was submitted to the licensing authority or the 9
police department. 10
(10) All non-resident applicants shall include a copy of both the front and the back of their 11
home state permit, if they have one. 12
(h) The licensing authority may only use the applicant’s social security number for the 13
background check. 14
(i) The attorney general shall, within ninety (90) days for an in-state applicant or one 15
hundred twenty (120) days for an out-of-state applicant from the receipt of a complete application 16
either approve or deny the application. 17
(1) If the application is approved, the attorney general may require the applicant to appear 18
at the department of attorney general to sign and submit a fingerprint card for the permit. 19
(2) If the attorney general denies the application, the applicant shall be notified, either by 20
mail or by phone, that the entire application is available for pick-up by the applicant. Any denial 21
shall be in writing and state with specificity the reason(s) and evidence upon which the denial was 22
based and the rationale for the denial. 23
(3) If the attorney general deems the application incomplete, then the applicant shall be 24
notified, either by mail or by phone, within five (5) business days from submitting the application, 25
that the entire application is available for pick-up by the applicant along with a written response 26
stating the reason(s) why the application was deemed incomplete. 27
(j) The provisions of §§ 11-47-35 and 11-47-35.2 shall not apply to persons licensed 28
pursuant to this section. 29
(k) The attorney general’s renewal application for a license to carry a pistol or revolver 30
shall require the following: 31
(1) The applicant shall submit a fully complete, signed, dated and notarized renewal 32
application to the attorney general prior to the expiration date of the permit. 33
(2) The renewal application shall include the information included in subsection (f) of this 34
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section with the following exceptions: 1
(i) The three (3) dated, signed and notarized typed reference letters from individuals who 2
personally know the applicant are not required upon renewal. 3
(ii) The fingerprint card requirement is not required upon renewal. 4
(3) The attorney general shall, within sixty (60) days of receipt of the renewal application, 5
if there is no material change in the applicant’s renewal application, no material change in need and 6
no change in the applicant’s criminal history, automatically approve the renewal application. 7
(l) The attorney general shall establish and maintain an emergency permit extension on the 8
renewal application for a license to carry a pistol or revolver. 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 attorney general license to carry a pistol or 11
revolver and who must maintain this license for work purposes. 12
(2) A complete renewal application must be delivered to the department of attorney general 13
prior to the license expiration date. 14
(3) The attorney general shall, within three (3) business days of receipt of the renewal 15
application, if there is no material change in the applicant’s renewal application, no material change 16
in need and no change in the applicant’s criminal history, automatically approve and make available 17
the emergency permit. 18
(4) A fee of fifty dollars ($50.00) shall be paid to the attorney general for the emergency 19
permit extension upon the issuance of the emergency permit. 20
(5) An emergency license to carry a pistol or revolver 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 § 11-47-11(e). 24
11-47-20. Sale or possession of silencers. Sale and possession of silencers. 25
(a) It shall be unlawful within this state to manufacture, sell, purchase, or possess or use a 26
firearm, with an overall length of less than seventeen inches (17”) that has attached any muffler, 27
silencer, or device for deadening or muffling the sound of a the firearm when discharged. 28
(b) Violations of this section shall be punished by imprisonment for not less than one year 29
and one day. 30
SECTION 2. Section 38-2-2 of the General Laws in Chapter 38-2 entitled "Access to Public 31
Records" is hereby amended to read as follows: 32
38-2-2. Definitions. 33
As used in this chapter: 34
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(1) “Agency” or “public body” means any executive, legislative, judicial, regulatory, or 1
administrative body of the state, or any political subdivision thereof; including, but not limited to: 2
any department, division, agency, commission, board, office, bureau, authority; any school, fire, or 3
water district, or other agency of Rhode Island state or local government that exercises 4
governmental functions; any authority as defined in § 42-35-1(b); or any other public or private 5
agency, person, partnership, corporation, or business entity acting on behalf of and/or in place of 6
any public agency. 7
(2) “Chief administrative officer” means the highest authority of the public body. 8
(3) “Public business” means any matter over which the public body has supervision, 9
control, jurisdiction, or advisory power. 10
(4) “Public record” or “public records” shall mean all documents, papers, letters, maps, 11
books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data 12
processing records, computer stored data (including electronic mail messages, except specifically 13
for any electronic mail messages of or to elected officials with or relating to those they represent 14
and correspondence of or to elected officials in their official capacities), or other material regardless 15
of physical form or characteristics made or received pursuant to law or ordinance or in connection 16
with the transaction of official business by any agency. For the purposes of this chapter, the 17
following records shall not be deemed public: 18
(A)(I)(a) All records relating to a client/attorney relationship and to a doctor/patient 19
relationship, including all medical information relating to an individual in any files. 20
(b) Personnel and other personal individually identifiable records otherwise deemed 21
confidential by federal or state law or regulation, or the disclosure of which would constitute a 22
clearly unwarranted invasion of personal privacy pursuant to 5 U.S.C. § 552 et seq.; provided, 23
however, with respect to employees, and employees of contractors and subcontractors working on 24
public works projects that are required to be listed as certified payrolls, the name, gross salary, 25
salary range, total cost of paid fringe benefits, gross amount received in overtime, and any other 26
remuneration in addition to salary, job title, job description, dates of employment and positions 27
held with the state, municipality, or public works contractor or subcontractor on public works 28
projects, employment contract, work location, and/or project, business telephone number, the city 29
or town of residence, and date of termination shall be public. For the purposes of this section 30
“remuneration” shall include any payments received by an employee as a result of termination, or 31
otherwise leaving employment, including, but not limited to, payments for accrued sick and/or 32
vacation time, severance pay, or compensation paid pursuant to a contract buy-out provision. For 33
purposes of this section, the city or town residence shall not be deemed public for peace officers, 34
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as defined in § 12-7-21, and shall not be released. 1
(II) Notwithstanding the provisions of this section, or any other provision of the general 2
laws to the contrary, the pension records of all persons who are either current or retired members 3
of any public retirement systems, as well as all persons who become members of those retirement 4
systems after June 17, 1991, shall be open for public inspection. “Pension records” as used in this 5
section, shall include all records containing information concerning pension and retirement benefits 6
of current and retired members of the retirement systems and future members of said systems, 7
including all records concerning retirement credits purchased and the ability of any member of the 8
retirement system to purchase retirement credits, but excluding all information regarding the 9
medical condition of any person and all information identifying the member’s designated 10
beneficiary or beneficiaries unless and until the member’s designated beneficiary or beneficiaries 11
have received or are receiving pension and/or retirement benefits through the retirement system. 12
(B) Trade secrets and commercial or financial information obtained from a person, firm, 13
or corporation that is of a privileged or confidential nature. 14
(C) Child custody and adoption records, records of illegitimate births, and records of 15
juvenile proceedings before the family court. 16
(D) All records maintained by law enforcement agencies for criminal law enforcement and 17
all records relating to the detection and investigation of crime, including those maintained on any 18
individual or compiled in the course of a criminal investigation by any law enforcement agency. 19
Provided, however, such records shall not be deemed public only to the extent that the disclosure 20
of the records or information (a) Could reasonably be expected to interfere with investigations of 21
criminal activity or with enforcement proceedings; (b) Would deprive a person of a right to a fair 22
trial or an impartial adjudication; (c) Could reasonably be expected to constitute an unwarranted 23
invasion of personal privacy; (d) Could reasonably be expected to disclose the identity of a 24
confidential source, including a state, local, or foreign agency or authority, or any private institution 25
that furnished information on a confidential basis, or the information furnished by a confidential 26
source; (e) Would disclose techniques and procedures for law enforcement investigations or 27
prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions; or 28
(f) Could reasonably be expected to endanger the life or physical safety of any individual. Records 29
relating to management and direction of a law enforcement agency and records or reports reflecting 30
the initial arrest of an adult and the charge or charges brought against an adult shall be public. 31
(E) Any records that would not be available by law or rule of court to an opposing party in 32
litigation. 33
(F) Scientific and technological secrets and the security plans of military and law 34
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enforcement agencies, the disclosure of which would endanger the public welfare and security. 1
(G) Any records that disclose the identity of the contributor of a bona fide and lawful 2
charitable contribution to the public body whenever public anonymity has been requested of the 3
public body with respect to the contribution by the contributor. 4
(H) Reports and statements of strategy or negotiation involving labor negotiations or 5
collective bargaining. 6
(I) Reports and statements of strategy or negotiation with respect to the investment or 7
borrowing of public funds, until such time as those transactions are entered into. 8
(J) Any minutes of a meeting of a public body that are not required to be disclosed pursuant 9
to chapter 46 of title 42. 10
(K) Preliminary drafts, notes, impressions, memoranda, working papers, and work 11
products, including those involving research at state institutions of higher education on commercial, 12
scientific, artistic, technical, or scholarly issues, whether in electronic or other format; provided, 13
however, any documents submitted at a public meeting of a public body shall be deemed public. 14
(L) Test questions, scoring keys, and other examination data used to administer a licensing 15
examination, examination for employment or promotion, or academic examinations; provided, 16
however, that a person shall have the right to review the results of his or her examination. 17
(M) Correspondence of or to elected officials with or relating to those they represent and 18
correspondence of or to elected officials in their official capacities. 19
(N) The contents of real estate appraisals, engineering, or feasibility estimates and 20
evaluations made for or by an agency relative to the acquisition of property or to prospective public 21
supply and construction contracts, until such time as all of the property has been acquired or all 22
proceedings or transactions have been terminated or abandoned; provided the law of eminent 23
domain shall not be affected by this provision. 24
(O) All tax returns. 25
(P) All investigatory records of public bodies, with the exception of law enforcement 26
agencies, pertaining to possible violations of statute, rule, or regulation other than records of final 27
actions taken, provided that all records prior to formal notification of violations or noncompliance 28
shall not be deemed to be public. 29
(Q) Records of individual test scores on professional certification and licensing 30
examinations; provided, however, that a person shall have the right to review the results of his or 31
her examination. 32
(R) Requests for advisory opinions until such time as the public body issues its opinion. 33
(S) Records, reports, opinions, information, and statements required to be kept confidential 34
LC001531 - Page 18 of 21
by federal law or regulation or state law or rule of court. 1
(T) Judicial bodies are included in the definition only in respect to their administrative 2
function provided that records kept pursuant to the provisions of chapter 16 of title 8 are exempt 3
from the operation of this chapter. 4
(U) Library records that, by themselves or when examined with other public records, would 5
reveal the identity of the library user requesting, checking out, or using any library materials. 6
(V) Printouts from TELE — TEXT devices used by people who are deaf or hard of hearing 7
or speech impaired. 8
(W) All records received by the insurance division of the department of business regulation 9
from other states, either directly or through the National Association of Insurance Commissioners, 10
if those records are accorded confidential treatment in that state. Nothing contained in this title or 11
any other provision of law shall prevent or be construed as prohibiting the commissioner of 12
insurance from disclosing otherwise confidential information to the insurance department of this 13
or any other state or country, at any time, so long as the agency or office receiving the records 14
agrees in writing to hold it confidential in a manner consistent with the laws of this state. 15
(X) Credit card account numbers in the possession of state or local government are 16
confidential and shall not be deemed public records. 17
(Y) Any documentary material, answers to written interrogatories, or oral testimony 18
provided under any subpoena issued under § 9-1.1-6. 19
(Z) Any individually identifiable evaluations of public school employees made pursuant to 20
state or federal law or regulation. 21
(AA) All documents prepared by school districts intended to be used by school districts in 22
protecting the safety of their students from potential and actual threats. 23
(BB) The list of teachers terminated for good and just cause maintained by the department 24
of education pursuant to § 16-13-9. 25
(CC) All documents, records and any records of proceedings pursuant to the firearms act, 26
appeal § 11-47-65, before a licensing authority, the department of attorney general and the superior 27
court are not open to the public. 28
SECTION 3. Chapter 11-47 of the General Laws entitled “Weapons” is hereby amended 29
by adding thereto the following section: 30
11-47-64. Review and appeal of the decision of the licensing authority or attorney 31
general. 32
(a) A decision denying a firearms permit pursuant to either §§ 11-47-11 or 11-47-18 shall 33
be final unless further review and/or appeal is initiated in writing within fifteen (15) days after the 34
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decision has been mailed to the applicant at the address listed on the application. 1
(b) An aggrieved individual may submit a written request to reconsider the denial to the 2
licensing authority or the department of attorney general. Any request for reconsideration must be 3
submitted within fifteen (15) days after the decision has been mailed to the address provided by the 4
applicant. 5
(1) The licensing authority or the department of attorney general shall schedule and conduct 6
an in-person meeting within thirty (30) days of the request to review and discuss the decision. Said 7
meeting shall only be scheduled or rescheduled beyond the initial thirty (30) day period by 8
agreement of the parties and/or for good cause, but in no event exceed sixty (60) days. 9
(2) The applicant may submit any supplemental documentation or written evidence relative 10
to the application, which shall become part of the application. 11
(3) The meeting shall be conducted as an informal meeting, not as an administrative 12
hearing. The licensing authority or the department of attorney general shall receive and consider 13
documents and other evidence without regard to statutory and common law rules. No stenographic 14
record, transcription, video, audio or other recording shall be allowed. 15
(4) The applicant may be represented at this meeting by an attorney. 16
(5) The licensing authority or the department of attorney general shall within fourteen (14) 17
days after the meeting mail a decision to the applicant granting or denying the application. Any 18
denial shall be in writing and state with specificity the reason(s) and evidence upon which the denial 19
was based and the rationale for the denial. 20
(c) An aggrieved individual may submit an appeal of the decision denying a firearms permit 21
pursuant to the decision of the request to reconsider to the superior court of the State of Rhode 22
Island for the county in which the licensing authority or attorney general is located, in the form of 23
a miscellaneous petition, within fifteen (15) days after the decision has been mailed to the applicant 24
at the address listed on the application. 25
(1) The petition for review shall state the grounds upon which review is sought but need 26
not be verified. 27
(2) Upon appeal, the petitioner is entitled to a trial de novo before a justice of the superior 28
court without a jury. 29
(3) Within thirty (30) days of the filing of the notice of appeal the licensing authority or 30
attorney general shall provide a full, complete and certified copy of the application and all 31
submitted documents to both the petitioner and the superior court. 32
(d) Pursuant to chapter 2 of title 38, the request to reconsider and the appeal to superior 33
court, shall not be deemed public. All documents, records and proceedings before the licensing 34
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authority, the department of attorney general and the superior court are not open to the public but 1
may be accessed by law enforcement personnel to be used for law enforcement purposes only and 2
shall otherwise remain confidential. 3
(e) An applicant may have their hearing open to the public upon written request to the 4
superior court. 5
(f) The superior court shall award reasonable attorney fees, costs and filing fees to the 6
prevailing applicant if the court finds that there is no justiciable issue of either law of fact or to the 7
prevailing applicant if the licensing authority or the department of attorney general did not have a 8
good faith basis in the denial of the license or permit. 9
SECTION 4. Chapter 20-13 of the General Laws entitled “Hunting and Hunting Safety” is 10
hereby amended by adding thereto the following section: 11
20-13-18. Hunting with suppressor. 12
(a) An individual in lawful possession of a device that will silence, suppress, or muffle the 13
sound of natural report of a rifle or shotgun when the rifle or shotgun is discharged may, at his or 14
her sole discretion, use such device to hunt any game for which the individual is licensed; provided 15
the host rifle or shotgun to which the device is attached complies with the provisions of § 20-13-16
13. 17
(b) No city, town committee, board or state or local agency may enact rules, regulations or 18
ordinances requiring or in any other manner mandating the use of a device that will silence, 19
suppress, or muffle the sound of natural report of a rifle or shotgun. 20
SECTION 5. This act shall take effect upon passage. 21
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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, would establish reasons for applying for a concealed carry permit for both in-2
state and out-of-state residents, would recognize a concealed weapon permit or license by a 3
reciprocal state, would establish what information is required on applications for carry permits, 4
establish time limits and an appeal process when an application is denied, provides that records 5
relating to carry permits and appeals is not a public record and would permit the use of silence or 6
suppressor for use in hunting. 7
This act would take effect upon passage. 8
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