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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- S 0348 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001531 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO CRIMINAL OFFENSES -- WEAPONS |
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| 16 | 16 | | Introduced By: Senators Rogers, de la Cruz, DeLuca, and Paolino |
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| 17 | 17 | | Date Introduced: February 16, 2023 |
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| 18 | 18 | | Referred To: Senate Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Sections 11-47-2, 11-47-9, 11-47-11, 11-47-12, 11-47-18 and 11-47-20 of 1 |
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| 23 | 23 | | the General Laws in Chapter 11-47 entitled "Weapons" are hereby amended to read as follows: 2 |
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| 24 | 24 | | 11-47-2. Definitions. 3 |
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| 25 | 25 | | When used in this chapter, the following words and phrases are construed as follows: 4 |
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| 26 | 26 | | (1) “3D printing process” means 3D printing or additive manufacturing which is a process 5 |
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| 27 | 27 | | of making three (3) dimensional solid objects from a computer file and shall include any of various 6 |
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| 28 | 28 | | processes in which material is joined or solidified under computer control to create a three (3) 7 |
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| 29 | 29 | | dimensional object, with material being added together including liquid molecules or powder 8 |
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| 30 | 30 | | grains. 9 |
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| 31 | 31 | | (2) “Antique firearm” is defined as that term is defined under the provisions of 18 U.S.C. 10 |
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| 32 | 32 | | § 921. 11 |
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| 33 | 33 | | (3) “Binary trigger” means a device that replaces a standard trigger on a semi-automatic 12 |
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| 34 | 34 | | weapon and is designed to fire one round on the pull of the trigger and another round upon release 13 |
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| 35 | 35 | | of the trigger. 14 |
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| 36 | 36 | | (4) “Bump-fire stock” means any device that replaces a semi-automatic weapon’s standard 15 |
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| 37 | 37 | | stock and is designed to slide back and forth rapidly, harnessing the weapon’s recoil to rapidly fire 16 |
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| 38 | 38 | | the weapon. 17 |
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| 39 | 39 | | (5) “Crime of violence” means and includes any of the following crimes or an attempt to 18 |
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| 40 | 40 | | commit any of them: murder, manslaughter, rape, first- or second-degree sexual assault, first- or 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC001531 - Page 2 of 21 |
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| 44 | 44 | | second-degree child molestation, kidnapping, first- and second-degree arson, mayhem, robbery, 1 |
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| 45 | 45 | | burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or 2 |
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| 46 | 46 | | delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a 3 |
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| 47 | 47 | | controlled substance classified in schedule I or schedule II of § 21-28-2.08, any violation of § 21-4 |
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| 48 | 48 | | 28-4.01.1 or § 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a 5 |
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| 49 | 49 | | dangerous weapon, assault or battery involving grave bodily injury, or assault with intent to commit 6 |
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| 50 | 50 | | any offense punishable as a felony; upon any conviction of an offense punishable as a felony 7 |
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| 51 | 51 | | offense under § 12-29-5. 8 |
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| 52 | 52 | | (6) “Firearm” includes any machine gun, pistol, rifle, air rifle, air pistol, “blank gun,” “BB 9 |
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| 53 | 53 | | gun,” or other instrument from which steel or metal projectiles are propelled, or that may readily 10 |
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| 54 | 54 | | be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except 11 |
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| 55 | 55 | | instruments propelling projectiles that are designed or normally used for a primary purpose other 12 |
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| 56 | 56 | | than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under the 13 |
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| 57 | 57 | | provisions of this section. 14 |
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| 58 | 58 | | (7) “Fugitive from justice” means any person who has fled from any state, territory, the 15 |
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| 59 | 59 | | District of Columbia, or possession of the United States to avoid prosecution for a crime of violence 16 |
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| 60 | 60 | | or to avoid giving testimony in any criminal proceeding. 17 |
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| 61 | 61 | | (8) “Ghost gun” means a firearm, including a frame or receiver, that lacks a unique serial 18 |
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| 62 | 62 | | number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, 19 |
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| 63 | 63 | | maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. It does 20 |
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| 64 | 64 | | not include a firearm that has been rendered permanently inoperable, or a firearm that is not 21 |
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| 65 | 65 | | required to have a serial number in accordance with the federal Gun Control Act of 1968. 22 |
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| 66 | 66 | | (9) “Licensing authorities” means the board of police commissioners of a city or town 23 |
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| 67 | 67 | | where the board has been instituted, the chief of police or superintendent of police of other cities 24 |
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| 68 | 68 | | and towns having a regular organized police force, and, in towns where there is no chief of police 25 |
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| 69 | 69 | | or superintendent of police, it means the town clerk who may issue licenses upon the 26 |
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| 70 | 70 | | recommendation of the town sergeant, and it also means any other person or body duly authorized 27 |
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| 71 | 71 | | by the city or town charter or by state law. 28 |
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| 72 | 72 | | (10) “Machine gun” means any weapon that shoots, is designed to shoot, or can be readily 29 |
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| 73 | 73 | | restored to shoot automatically more than one shot, without manual reloading, by a single function 30 |
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| 74 | 74 | | of the trigger. The term also includes the frame or receiver of the weapon, any combination of parts 31 |
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| 75 | 75 | | designed and intended for use in converting a weapon into a machine gun, and any combination of 32 |
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| 76 | 76 | | parts from which a machine gun can be assembled if the parts are in the possession or under the 33 |
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| 77 | 77 | | control of a person. 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC001531 - Page 3 of 21 |
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| 81 | 81 | | (11) “Major component” means, with respect to a firearm: 1 |
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| 82 | 82 | | (i) The slide or cylinder or the frame or receiver of the firearm; and 2 |
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| 83 | 83 | | (ii) In the case of a rifle or shotgun, includes the barrel of the firearm. 3 |
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| 84 | 84 | | (12) “Person” includes an individual, partnership, firm, association, or corporation. 4 |
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| 85 | 85 | | (13) “Pistol” includes any pistol or revolver, and any shotgun, rifle, or similar weapon with 5 |
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| 86 | 86 | | overall length less than twenty-six inches (26″), but does not include any pistol or revolver designed 6 |
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| 87 | 87 | | for the use of blank cartridges only. 7 |
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| 88 | 88 | | (14) “Rifle” shall have the same meaning as in 26 U.S.C. § 5845(c), and by barrel length 8 |
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| 89 | 89 | | and overall length not be subject to registration pursuant to the National Firearms Act, 26 U.S.C. 9 |
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| 90 | 90 | | ch. 53 (prior § 5801 et seq.). 10 |
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| 91 | 91 | | (15) “Sawed-off rifle” means any rifle with overall length of less than twenty-six inches 11 |
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| 92 | 92 | | (26″) or barrel length of less than sixteen inches (16″). 12 |
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| 93 | 93 | | (16) “Sawed-off shotgun” means any shotgun with overall length of less than twenty-six 13 |
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| 94 | 94 | | inches (26″) or barrel length of less than eighteen inches (18″). 14 |
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| 95 | 95 | | (17) “Sell” includes let or hire, give, lend, and transfer, and “purchase” includes hire, 15 |
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| 96 | 96 | | accept, and borrow, and “purchasing” shall be construed accordingly. 16 |
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| 97 | 97 | | (18) “Shotgun” shall have the same meaning as in 26 U.S.C. § 5845(d), and by barrel length 17 |
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| 98 | 98 | | and overall length not be subject to registration pursuant to the National Firearms Act, 26 U.S.C. 18 |
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| 99 | 99 | | ch. 53 (prior § 5801 et seq.). 19 |
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| 100 | 100 | | (19) “Suitable person” means any person who is not prohibited by state law from 20 |
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| 101 | 101 | | possessing a pistol or revolver. A person may be considered unsuitable if the licensing authority 21 |
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| 102 | 102 | | has clear and convincing evidence that the person is a clear and present danger to himself or herself, 22 |
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| 103 | 103 | | or to another person. Any person may be considered unsuitable if the law enforcement agency doing 23 |
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| 104 | 104 | | the background check or the department of attorney general has evidence which supports a good 24 |
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| 105 | 105 | | faith belief that the person is a member of a criminal street gang as defined in § 12-19-39(a). 25 |
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| 106 | 106 | | (19)(20) “Trigger crank” means a trigger actuator that attaches to the trigger of a semi-26 |
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| 107 | 107 | | automatic weapon and causes the weapon to fire by turning the crank handle. 27 |
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| 108 | 108 | | (20)(21) “Undetectable firearm” means any firearm that: 28 |
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| 109 | 109 | | (i) After removal of all parts, other than a major component, is not as detectable by walk-29 |
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| 110 | 110 | | through metal detectors commonly used at airports or other public buildings; or 30 |
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| 111 | 111 | | (ii) Any major component of which, if subjected to inspection by the types of detection 31 |
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| 112 | 112 | | devices commonly used at airports or other public buildings for security screening, would not 32 |
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| 113 | 113 | | generate an image that accurately depicts the shape of the component; or 33 |
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| 114 | 114 | | (iii) Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC001531 - Page 4 of 21 |
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| 118 | 118 | | (iv) Upon which the frame or receiver lacks a unique serial number engraved or cased into 1 |
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| 119 | 119 | | on the frame or receiver by a licensed manufacturer, maker, or importer under federal law, or 2 |
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| 120 | 120 | | markings in accordance with 27 C.F.R. § 479.102. Provided, however, this subsection shall not 3 |
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| 121 | 121 | | apply to any firearm rendered permanently inoperable or a firearm manufactured prior to 1968. 4 |
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| 122 | 122 | | 11-47-9. Persons exempt from restrictions. 5 |
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| 123 | 123 | | (a) The provisions of § 11-47-8 shall not apply to sheriffs; deputy sheriffs; the 6 |
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| 124 | 124 | | superintendent and members of the state police; members of the Rhode Island airport police 7 |
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| 125 | 125 | | department; members of the Rhode Island state marshals; Rhode Island state fire marshal; chief 8 |
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| 126 | 126 | | deputy state fire marshals; deputy state fire marshals assigned to the bomb squad, and those 9 |
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| 127 | 127 | | assigned to the investigation unit; Providence fire department arson investigators, provided that the 10 |
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| 128 | 128 | | investigator receiving the permit is a graduate of a police-training academy; correctional officers, 11 |
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| 129 | 129 | | chief inspector and inspectors within the office of inspections, within the department of corrections; 12 |
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| 130 | 130 | | members of the city or town police force; capitol police investigators of the department of attorney 13 |
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| 131 | 131 | | general appointed pursuant to § 42-9-8.1; the witness protection coordinator for the witness 14 |
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| 132 | 132 | | protection review board as set forth in chapter 30 of title 12 and subject to the minimum 15 |
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| 133 | 133 | | qualifications of § 42-9-8.1; automobile theft investigators of the Rhode Island state police pursuant 16 |
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| 134 | 134 | | to § 31-50-1; railroad police while traveling to and from official assignments or while on 17 |
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| 135 | 135 | | assignments; conservation officers; or other duly appointed law enforcement officers; nor to 18 |
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| 136 | 136 | | members of the Army, Navy, Air Force, and Marine Corps of the United States, the National Guard, 19 |
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| 137 | 137 | | or organized reserves, when on duty; nor to members of organizations by law authorized to 20 |
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| 138 | 138 | | purchase or receive firearms from the United States or this state, provided these members are at, or 21 |
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| 139 | 139 | | going to or from, their places of assembly or target practice; nor to officers or employees of the 22 |
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| 140 | 140 | | United States authorized by law to carry a concealed firearm; nor to any civilian guard or criminal 23 |
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| 141 | 141 | | investigator carrying sidearms or a concealed firearm in the performance of his or her official duties 24 |
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| 142 | 142 | | under the authority of the commanding officer of the military establishment in the state of Rhode 25 |
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| 143 | 143 | | Island where he or she is employed by the United States; nor to any civilian guard carrying sidearms 26 |
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| 144 | 144 | | or a concealed firearm in the performance of his or her official duties under the authority of the 27 |
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| 145 | 145 | | adjutant general where he or she is employed guarding a national guard facility, provided, that the 28 |
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| 146 | 146 | | commanding officer of the military establishment shall have on file with the attorney general of 29 |
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| 147 | 147 | | this state a list of the names and addresses of all civilian guards and criminal investigators so 30 |
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| 148 | 148 | | authorized; nor to duly authorized military organizations when on duty; nor to members when at, 31 |
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| 149 | 149 | | or going to or from, their customary places of assembly; nor to any individual employed in the 32 |
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| 150 | 150 | | capacity of warden, associate warden, major, captain, lieutenant, sergeant, correctional officer or 33 |
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| 151 | 151 | | investigator at any project owned or operated by a municipal detention facility corporation, 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC001531 - Page 5 of 21 |
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| 155 | 155 | | including the Donald W. Wyatt Detention Facility; nor to the regular and/or ordinary transportation 1 |
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| 156 | 156 | | of pistols or revolvers as merchandise; nor to any person while transporting a pistol, or revolvers, 2 |
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| 157 | 157 | | unloaded from the place of purchase to their residence, or place of business, from their residence 3 |
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| 158 | 158 | | to their place of business or from their place of business to their residence, or to a federal firearms 4 |
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| 159 | 159 | | licensee for the purpose of sale, to or from a bona fide gunsmith, or firearms repair facility, to any 5 |
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| 160 | 160 | | police station or other location designated as a site of a bona fide “gun buy-back” program, but 6 |
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| 161 | 161 | | only if said pistol or revolver is unloaded and any ammunition for said pistol or revolver is not 7 |
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| 162 | 162 | | readily or directly accessible from the passenger compartment of such vehicle while transporting 8 |
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| 163 | 163 | | same and further provided, that in the case of a vehicle without a compartment separate from the 9 |
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| 164 | 164 | | passenger compartment, the firearm or the ammunition shall be stored in a locked container. 10 |
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| 165 | 165 | | (b) Persons exempted by the provisions of this section from the provisions of § 11-47-8 11 |
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| 166 | 166 | | shall have the right to carry concealed firearms everywhere within this state; provided, that this 12 |
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| 167 | 167 | | shall not be construed as giving the right to carry concealed firearms to a person transporting 13 |
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| 168 | 168 | | firearms as merchandise or as household or business goods. 14 |
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| 169 | 169 | | (c) The attorney general shall have the authority to enter into agreements or otherwise 15 |
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| 170 | 170 | | formally approve reciprocal recognition with other states that require an agreement to be in place 16 |
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| 171 | 171 | | before that state will recognize a Rhode Island attorney general or a city or town police department 17 |
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| 172 | 172 | | concealed handgun permit as valid. 18 |
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| 173 | 173 | | (d) Rhode Island shall recognize and honor a concealed handgun or concealed weapon 19 |
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| 174 | 174 | | permit or license issued by any other reciprocal state or county, provided: 20 |
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| 175 | 175 | | (1) The permit or license holder is a non-resident who is twenty-one (21) years of age or 21 |
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| 176 | 176 | | older; 22 |
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| 177 | 177 | | (2) The reciprocal state and/or county provides the means of instantaneous verification of 23 |
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| 178 | 178 | | the validity of all such permits or licenses issued within that state or county, accessible twenty-four 24 |
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| 179 | 179 | | (24) hours a day; 25 |
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| 180 | 180 | | (3) The permit or license holder has in his or her immediate possession the concealed 26 |
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| 181 | 181 | | handgun or concealed weapon license along with a phot identification issued by a state or 27 |
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| 182 | 182 | | government agency and present for verification the permit or license and identification upon 28 |
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| 183 | 183 | | demand by a law enforcement officer; 29 |
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| 184 | 184 | | (4) The permit of license holder is subject to the same laws and restrictions with respect to 30 |
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| 185 | 185 | | carrying a concealed firearm as a resident of Rhode Island who is so licensed. 31 |
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| 186 | 186 | | (e) Rhode Island shall recognize an official government-issued law enforcement 32 |
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| 187 | 187 | | identification card issued to an active-duty law enforcement officer from any other state or county. 33 |
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| 188 | 188 | | These individuals shall be exempted from the provisions of § 11-47-8 and shall have the right to 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC001531 - Page 6 of 21 |
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| 192 | 192 | | carry a concealed firearm everywhere within this state. 1 |
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| 193 | 193 | | 11-47-11. License or permit to carry concealed pistol or revolver. 2 |
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| 194 | 194 | | (a) The licensing authorities of any city or town shall, upon application of any person 3 |
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| 195 | 195 | | twenty-one (21) years of age or over having a bona fide residence or place of business within the 4 |
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| 196 | 196 | | city or town, or of any person twenty-one (21) years of age or over having a bona fide residence 5 |
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| 197 | 197 | | within the United States and a license or permit to carry a pistol or revolver concealed upon his or 6 |
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| 198 | 198 | | her person issued by the authorities of any other state or subdivision of the United States, issue a 7 |
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| 199 | 199 | | license or permit to the person to carry concealed upon his or her person a pistol or revolver 8 |
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| 200 | 200 | | everywhere within this state for four (4) years from date of issue, if it appears that the applicant has 9 |
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| 201 | 201 | | good reason to fear an injury to his or her person or property or has any other proper lawful reason 10 |
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| 202 | 202 | | for carrying a pistol or revolver, and that he or she is a suitable person to be so licensed, subject to 11 |
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| 203 | 203 | | the provisions of §§ 11-47-12 and 11-47-15. Self-defense shall be considered a proper purpose and 12 |
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| 204 | 204 | | lawful reason. 13 |
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| 205 | 205 | | (1) The license or permit shall be in triplicate in form to be prescribed by the attorney 14 |
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| 206 | 206 | | general and shall bear the fingerprint, photograph, name, address, description, and signature of the 15 |
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| 207 | 207 | | licensee and the reason given for desiring a license or permit and in no case shall it contain the 16 |
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| 208 | 208 | | serial number of any firearm. The original shall be delivered to the licensee. 17 |
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| 209 | 209 | | (2) The licensing authority shall retain a copy of the permit for its records and send a second 18 |
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| 210 | 210 | | copy to the department of attorney general. All permits issued or renewed pursuant to this section 19 |
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| 211 | 211 | | shall be recorded in the Rhode Island criminal history database, or its successor system. 20 |
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| 212 | 212 | | (3) Any member of the licensing authority, its agents, servants, and employees shall be 21 |
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| 213 | 213 | | immune from suit in any action, civil or criminal, based upon any official act or decision, performed 22 |
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| 214 | 214 | | or made in good faith in issuing a license or permit under this chapter. 23 |
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| 215 | 215 | | (b) The licensing authority shall, within fourteen (14) calendar days, return any incomplete 24 |
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| 216 | 216 | | application to the applicant along with a written explanation, stating with specificity, why the 25 |
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| 217 | 217 | | application is incomplete. 26 |
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| 218 | 218 | | (c) The licensing authority shall approve or deny a complete application within ninety (90) 27 |
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| 219 | 219 | | calendar days of receiving it. 28 |
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| 220 | 220 | | (1) Within seven (7) business days after approval, the license shall be made available for 29 |
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| 221 | 221 | | the applicant to pick up in person or, at the request and expense of the applicant be delivered by 30 |
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| 222 | 222 | | mail. 31 |
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| 223 | 223 | | (2) Any denial shall be in writing and state with specificity the reason(s) and evidence upon 32 |
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| 224 | 224 | | which the licensing authority based its decision on and the rationale for the denial. 33 |
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| 225 | 225 | | (3) Failure by the licensing authority to approve or deny within the time allowed shall 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC001531 - Page 7 of 21 |
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| 229 | 229 | | constitute a denial for the sole purpose of permitting an appeal by the applicant and for no other 1 |
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| 230 | 230 | | purpose, and shall create a presumption that no evidence exists indicating that the applicant is 2 |
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| 231 | 231 | | unsuitable. 3 |
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| 232 | 232 | | (d) Any permit issued pursuant to this section is eligible to be renewed if it is not expired, 4 |
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| 233 | 233 | | or has been expired for less than six (6) months. Any person whose permit has been expired for six 5 |
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| 234 | 234 | | (6) months or more may apply for a new permit under this section. 6 |
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| 235 | 235 | | (e) Each licensing authority shall make its application available to any person by: 7 |
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| 236 | 236 | | (1) Posting it on its website, if it has one; and 8 |
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| 237 | 237 | | (2) Making it immediately available, free of charge, to any person who requests it; and 9 |
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| 238 | 238 | | (3) Upon request, providing a copy by regular mail using the United States postal service. 10 |
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| 239 | 239 | | (f) All applications shall require two (2) forms of identification, such as a driver’s license, 11 |
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| 240 | 240 | | state issued non-driver identification card, concealed carry permit issued by any state or political 12 |
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| 241 | 241 | | subdivision of any state, passport, immigration documentation, military identification, student 13 |
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| 242 | 242 | | identification, social security card or a birth certificate. At least one of these must be a government 14 |
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| 243 | 243 | | issued photo identification. 15 |
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| 244 | 244 | | (1) The licensing authority may only use the applicant’s social security number for the 16 |
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| 245 | 245 | | background check. 17 |
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| 246 | 246 | | (g) All applications shall include a federal bureau of investigation (FBI) fingerprint card 18 |
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| 247 | 247 | | (FD-258), or successor version, or provide fingerprints by live-scan, with the application, except 19 |
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| 248 | 248 | | that this shall not be a requirement for a renewal applicant. 20 |
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| 249 | 249 | | (h) All applications shall include a copy of the instructor’s credentials for the instructor 21 |
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| 250 | 250 | | who certified their qualification score on the applicant’s application. 22 |
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| 251 | 251 | | (j) All licensing authorities of a city or town shall use the following application: 23 |
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| 252 | 252 | | Application for a concealed carry license pursuant to RIGL § 11-47-11 24 |
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| 253 | 253 | | Name: __________________________________________________________________ 25 |
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| 254 | 254 | | Address: 26 |
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| 255 | 255 | | __________________________________________________________________ 27 |
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| 256 | 256 | | (Street and number) (City or town) (State) (ZIP) 28 |
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| 257 | 257 | | Date of Birth: _________________ Place of Birth_____________________ 29 |
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| 258 | 258 | | Height: __________ Weight: __________ Color hair: ___________ Color eyes: __ 30 |
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| 259 | 259 | | Are you a citizen of the United States?_____________________ 31 |
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| 260 | 260 | | If you are not a US citizen, please list your admission/INS number: ____________ 32 |
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| 261 | 261 | | ARMY L or RI COMBAT COURSE shooting score: ______________________ 33 |
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| 262 | 262 | | Name and certification number of NRA or RI instructor: _____________________ 34 |
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| 263 | 263 | | |
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| 264 | 264 | | |
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| 265 | 265 | | LC001531 - Page 8 of 21 |
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| 266 | 266 | | Signature of instructor: 1 |
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| 267 | 267 | | __________________________________________________________ 2 |
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| 268 | 268 | | Have you ever been convicted of a crime of violence (Pursuant to §11-47-2)? ____ 3 |
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| 269 | 269 | | Are you a fugitive from justice (Pursuant to §11-47-2)?______________________ 4 |
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| 270 | 270 | | Have you ever been adjudicated as being addicted to a controlled substance (Pursuant to 5 |
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| 271 | 271 | | §11-47-6)? __________________________ 6 |
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| 272 | 272 | | Have you ever been adjudicated as being mentally incompetent (Pursuant to §11-47-6)? 7 |
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| 273 | 273 | | _______ 8 |
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| 274 | 274 | | Have you been dishonorably discharged from the United States Military? _______ 9 |
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| 275 | 275 | | To your knowledge, are you prohibited by federal or state law from possessing a firearm? 10 |
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| 276 | 276 | | __________ 11 |
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| 277 | 277 | | For what lawful purpose do you seek to carry a pistol or rev olver? 12 |
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| 278 | 278 | | ______________________________________________________________ 13 |
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| 279 | 279 | | Applicant's signature: 14 |
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| 280 | 280 | | ______________________________________________________________ 15 |
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| 281 | 281 | | (See §11-47-23 for penalty for false information provided on this application) 16 |
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| 282 | 282 | | AFFIDAVIT: I certify that I have read and am familiar with the provisions of chapter 47 17 |
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| 283 | 283 | | of title 11, of the general laws of the State of Rhode Island and that I am aware of the penalties for 18 |
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| 284 | 284 | | violation of the provisions of the cited sections. 19 |
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| 285 | 285 | | Signed before me under penalties of perjury by____________________, known to me 20 |
|---|
| 286 | 286 | | ____personally or did present a valid photo identification card which 21 |
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| 287 | 287 | | was_________________________ 22 |
|---|
| 288 | 288 | | County of _________________ 23 |
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| 289 | 289 | | State of Rhode 24 |
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| 290 | 290 | | Subscribed and sworn before me this ____ of ________________, 20____ 25 |
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| 291 | 291 | | Notary Public 26 |
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| 292 | 292 | | Notary Public number:________________ 27 |
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| 293 | 293 | | (j) No licensing authority shall require any additional forms, standards, information, 28 |
|---|
| 294 | 294 | | waivers or other additional requirements. An applicant may submit additional information 29 |
|---|
| 295 | 295 | | documentation at the applicant’s discretion. 30 |
|---|
| 296 | 296 | | (k) The licensing authority shall establish and maintain an emergency permit extension on 31 |
|---|
| 297 | 297 | | the renewal application for a license to carry a concealable weapon. 32 |
|---|
| 298 | 298 | | (1) The emergency permit extension is only available to renewal applicants who, at the 33 |
|---|
| 299 | 299 | | time of the application, have an unexpired four (4) year city or town issued license to carry a 34 |
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| 300 | 300 | | |
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| 301 | 301 | | |
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| 302 | 302 | | LC001531 - Page 9 of 21 |
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| 303 | 303 | | concealable weapon and who must maintain this license for work purposes. 1 |
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| 304 | 304 | | (2) A complete renewal application must be delivered to the licensing authority prior to the 2 |
|---|
| 305 | 305 | | license expiration date. 3 |
|---|
| 306 | 306 | | (3) The licensing authority shall, within three (3) business days of receipt of the renewal 4 |
|---|
| 307 | 307 | | application if there is no material change in the renewal application, no material change in need 5 |
|---|
| 308 | 308 | | and no change in the applicant’s criminal history, automatically approve and make available the 6 |
|---|
| 309 | 309 | | emergency permit. 7 |
|---|
| 310 | 310 | | (4) A fee of fifty dollars ($50.00) shall be paid to the licensing authority for the emergency 8 |
|---|
| 311 | 311 | | permit extension upon the issuance of the emergency permit. 9 |
|---|
| 312 | 312 | | (5) An emergency license to carry a concealable weapon will be valid for ninety (90) days 10 |
|---|
| 313 | 313 | | only. 11 |
|---|
| 314 | 314 | | (6) Nothing in the emergency permit extension section shall be construed or interpreted to 12 |
|---|
| 315 | 315 | | stay or toll the time periods in the renewal process as outlined in subsection (e) of this section. 13 |
|---|
| 316 | 316 | | (b)(m) Notwithstanding any other chapter or section of the general laws of the state of 14 |
|---|
| 317 | 317 | | Rhode Island, the licensing authority of any city or town shall not provide or release to any 15 |
|---|
| 318 | 318 | | individual, firm, association or corporation the name, address, or date of birth of any person who 16 |
|---|
| 319 | 319 | | has held or currently holds a license or permit to carry a concealed pistol or revolver. This section 17 |
|---|
| 320 | 320 | | shall not be construed to prohibit the release of any statistical data of a general nature relative to 18 |
|---|
| 321 | 321 | | age, gender and racial or ethnic background nor shall it be construed to prevent the release of 19 |
|---|
| 322 | 322 | | information to parties involved in any prosecution of § 11-47-8 or in response to a lawful subpoena 20 |
|---|
| 323 | 323 | | in any criminal or civil action which the person is a party to that action. 21 |
|---|
| 324 | 324 | | 11-47-12. License or permit fee. License to carry weapon fee. 22 |
|---|
| 325 | 325 | | A fee of forty dollars ($40.00) shall be charged and shall be paid for each a license or 23 |
|---|
| 326 | 326 | | permit to carry a weapon to the licensing authority issuing it and/or the attorney general upon 24 |
|---|
| 327 | 327 | | issuance issuing it. No additional fees or costs of any type shall be charged or assessed for any 25 |
|---|
| 328 | 328 | | reason, except, that the applicant may be assessed the actual cost charged by the FBI to process 26 |
|---|
| 329 | 329 | | their fingerprints. Every license or permit shall be valid for four (4) years from the date when issued 27 |
|---|
| 330 | 330 | | unless sooner revoked, subject only to the emergency permit provisions contained in this chapter. 28 |
|---|
| 331 | 331 | | The fee charged for issuing of the license or permit shall be applied for the use and benefit of the 29 |
|---|
| 332 | 332 | | city, town, or state of Rhode Island the department of attorney general. 30 |
|---|
| 333 | 333 | | 11-47-18. License or permit issued by attorney general on showing of need — Issuance 31 |
|---|
| 334 | 334 | | to retired police officers. 32 |
|---|
| 335 | 335 | | (a) The attorney general may issue a license or permit to any person twenty-one (21) years 33 |
|---|
| 336 | 336 | | of age or over to carry a pistol or revolver, whether concealed or not, upon his or her person 34 |
|---|
| 337 | 337 | | |
|---|
| 338 | 338 | | |
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| 339 | 339 | | LC001531 - Page 10 of 21 |
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| 340 | 340 | | everywhere within this state for four (4) years from the date of issue upon a proper showing of 1 |
|---|
| 341 | 341 | | need, or employment and that he or she is a suitable person to be so licensed, subject to the 2 |
|---|
| 342 | 342 | | provisions of §§ 11-47-12 and 11-47-15; that license or permit may be issued notwithstanding the 3 |
|---|
| 343 | 343 | | provisions of § 11-47-7. 4 |
|---|
| 344 | 344 | | (1) A license to carry a pistol or revolver may not be issued to and is immediately revoked 5 |
|---|
| 345 | 345 | | for an individual who is in violation of § 11-47-7. 6 |
|---|
| 346 | 346 | | (b) All state police officers and permanent members of city and town police forces of this 7 |
|---|
| 347 | 347 | | state who have retired in good standing after at least twenty (20) years of service, or retired in good 8 |
|---|
| 348 | 348 | | standing due to a physical disability other than a psychological impairment, may shall be issued a 9 |
|---|
| 349 | 349 | | license or permit by the attorney general subject to the provisions of §§ 11-47-12 and 11-47-15. 10 |
|---|
| 350 | 350 | | The term “in good standing” means that at the time of retirement, the police officer was not facing 11 |
|---|
| 351 | 351 | | disciplinary action that could have resulted in his or her termination for misconduct or unfitness for 12 |
|---|
| 352 | 352 | | office. Any member of the licensing authority, and its agents, servants, and employees shall be 13 |
|---|
| 353 | 353 | | immune from suit in any action, civil or criminal, based upon any official act or decision, performed 14 |
|---|
| 354 | 354 | | or made in good faith in issuing and/or denying a license or permit under this chapter. 15 |
|---|
| 355 | 355 | | (c) Notwithstanding any other chapter or section of the general laws of the state of Rhode 16 |
|---|
| 356 | 356 | | Island, the attorney general shall not provide or release to any individual, firm, association or 17 |
|---|
| 357 | 357 | | corporation the name, address, or date of birth of any person who has held or currently holds a 18 |
|---|
| 358 | 358 | | license or permit to carry a concealed pistol or revolver. This section shall not be construed to 19 |
|---|
| 359 | 359 | | prohibit the release of any statistical data of a general nature relative to age, gender and racial or 20 |
|---|
| 360 | 360 | | ethnic background nor shall it be construed to prevent the release of information to parties involved 21 |
|---|
| 361 | 361 | | in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal or civil action 22 |
|---|
| 362 | 362 | | which said person is a party to such action. 23 |
|---|
| 363 | 363 | | (d) Any permit issued pursuant to this section is eligible to be renewed if it is not expired, 24 |
|---|
| 364 | 364 | | or has been expired for less than six (6) months. Any person whose permit has been expired for six 25 |
|---|
| 365 | 365 | | (6) months or more may apply for a new permit under this section. 26 |
|---|
| 366 | 366 | | (e) The attorney general’s application for a license to carry a pistol or revolver shall be 27 |
|---|
| 367 | 367 | | filled out completely by the applicant, dated and signed by the applicant and notarized. 28 |
|---|
| 368 | 368 | | (f) The attorney general may request only the following information on the application: 29 |
|---|
| 369 | 369 | | (1) Applicant’s full name, prior name if legally changed, all nicknames and aliases, full 30 |
|---|
| 370 | 370 | | residence address and mailing address if different. No post office box addresses may be used; 31 |
|---|
| 371 | 371 | | (2) All of the applicant’s available phone numbers, including, but not limited to, business, 32 |
|---|
| 372 | 372 | | cellular, mobile and land line phone numbers; 33 |
|---|
| 373 | 373 | | (3) The applicant’s height, weight, color of eyes and hair, date and place of birth, and social 34 |
|---|
| 374 | 374 | | |
|---|
| 375 | 375 | | |
|---|
| 376 | 376 | | LC001531 - Page 11 of 21 |
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| 377 | 377 | | security number; 1 |
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| 378 | 378 | | (4) Applicant’s occupation, job description, years of employment and employer’s address 2 |
|---|
| 379 | 379 | | and contact information, except this information may only be required if the permit is being 3 |
|---|
| 380 | 380 | | requested as a condition of employment with a specific company; 4 |
|---|
| 381 | 381 | | (5) Applicant’s proof of citizenship, length of citizenship and if applicant is not a citizen 5 |
|---|
| 382 | 382 | | of the United States, a copy of both sides of a current and valid alien registration card or work 6 |
|---|
| 383 | 383 | | authorization card; 7 |
|---|
| 384 | 384 | | (6) A listing of all of the applicant’s address for the last three (3) years, including the full 8 |
|---|
| 385 | 385 | | address with dates of residence; 9 |
|---|
| 386 | 386 | | (7) Information relating to the applicant’s arrest record including, but not limited to, the 10 |
|---|
| 387 | 387 | | date the applicant was arrested, the name of the city/town or arresting agency, the state the arrest 11 |
|---|
| 388 | 388 | | occurred in, the arresting charge and disposition; 12 |
|---|
| 389 | 389 | | (8) Information relating to the applicant’s plea of nolo contendere to any charge or violation 13 |
|---|
| 390 | 390 | | including, but not limited to, the date applicant was arrested, the name of the city/town or arresting 14 |
|---|
| 391 | 391 | | agency, the state the plea occurred in, the arresting charge and disposition; 15 |
|---|
| 392 | 392 | | (9) Information relating to the applicant’s conviction record, including, but not limited to, 16 |
|---|
| 393 | 393 | | the date applicant was arrested, the name of the city/town or arresting agency, the state the arrest 17 |
|---|
| 394 | 394 | | occurred in, the arresting charge and disposition; 18 |
|---|
| 395 | 395 | | (10) Information relating to the applicant’s indictment in any court for a crime punishable 19 |
|---|
| 396 | 396 | | for more than one year, including, but not limited to, the name of the city/town or indicting agency, 20 |
|---|
| 397 | 397 | | the state of the indictment, the indicting charge and disposition; 21 |
|---|
| 398 | 398 | | (11) Information relating to whether the applicant was ever under a guardianship or been 22 |
|---|
| 399 | 399 | | subject confinement by virtue of being a mental incompetent, or who has been adjudicated or is 23 |
|---|
| 400 | 400 | | under treatment or confinement as a drug addict, including, but not limited to, the dates thereof; 24 |
|---|
| 401 | 401 | | and 25 |
|---|
| 402 | 402 | | (12) Information relating to the applicant’s current and prior applications for a permit to 26 |
|---|
| 403 | 403 | | carry a pistol or revolver from the Rhode Island attorney general, any local city or town, or any 27 |
|---|
| 404 | 404 | | other state, including, but not limited to, if any permit is active, denied or revoked, with the dates 28 |
|---|
| 405 | 405 | | and reasons thereof. The attorney general may require notarized photocopies of the front and back 29 |
|---|
| 406 | 406 | | of all valid permits. 30 |
|---|
| 407 | 407 | | (g) The attorney general may require only the following with the application from an out-31 |
|---|
| 408 | 408 | | of-state applicant: 32 |
|---|
| 409 | 409 | | (1) A dated, signed and notarized typed statement from the applicant outlining the 33 |
|---|
| 410 | 410 | | applicant’s specific reasons and details regarding the applicant's need for a Rhode Island permit. If 34 |
|---|
| 411 | 411 | | |
|---|
| 412 | 412 | | |
|---|
| 413 | 413 | | LC001531 - Page 12 of 21 |
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| 414 | 414 | | the permit is to be used for employment, a typed and signed letter of explanation must be submitted 1 |
|---|
| 415 | 415 | | on the applicant’s employer’s letterhead and included with the application. In addition, the 2 |
|---|
| 416 | 416 | | applicant must submit a copy of the business license or other such evidence that the business exists. 3 |
|---|
| 417 | 417 | | (2) Two (2) 1” X 1” pictures of the applicant taken without headgear or glasses. This photo 4 |
|---|
| 418 | 418 | | must be a clear, colored picture of the head and face. The applicant must print their name on the 5 |
|---|
| 419 | 419 | | back of each picture. No laminated photos will be accepted. 6 |
|---|
| 420 | 420 | | (3) Copies of both the front and the back of two (2) types of positive identification for the 7 |
|---|
| 421 | 421 | | applicant, examples include, but are not limited to, birth certificate, United States Passport, a Rhode 8 |
|---|
| 422 | 422 | | Island or other state driver’s license or a Rhode Island identification card, concealed carry permit 9 |
|---|
| 423 | 423 | | issued by any state or political subdivision of any state, military identification, student identification 10 |
|---|
| 424 | 424 | | or social security card. At least one of these shall be a government issued photo identification. The 11 |
|---|
| 425 | 425 | | photocopies submitted shall be signed and dated by a notary public attesting to the photocopies as 12 |
|---|
| 426 | 426 | | being true copies. 13 |
|---|
| 427 | 427 | | (4) The application shall include the applicant’s full set of fingerprints submitted on a FBI 14 |
|---|
| 428 | 428 | | fingerprint identification card {FD-258 (Rev. 12-29-82 or successor version)} included with the 15 |
|---|
| 429 | 429 | | application. The fingerprint card shall be signed by the applicant. Submission of fingerprints shall 16 |
|---|
| 430 | 430 | | not necessary for a renewal application. 17 |
|---|
| 431 | 431 | | (5) Three (3) dated, signed and notarized typed reference letters from individuals who 18 |
|---|
| 432 | 432 | | personally know the applicant. The individuals used as references shall include on the letters the 19 |
|---|
| 433 | 433 | | following information: their full names, residence address, phone number with area code and the 20 |
|---|
| 434 | 434 | | years they have known the applicant. An applicant’s reference letter dated more than one hundred 21 |
|---|
| 435 | 435 | | and twenty days (120) prior to the date of the permit application will be considered invalid. 22 |
|---|
| 436 | 436 | | Reference letters shall be written by the reference, not the applicant, and cannot be identical. 23 |
|---|
| 437 | 437 | | Submission of letters of reference shall not be necessary for a renewal application. 24 |
|---|
| 438 | 438 | | (6) A certification that the applicant has qualified in accordance with § 11-47-15. (law 25 |
|---|
| 439 | 439 | | enforcement personnel may submit a certification of the Rhode Island combat course). An N.R.A. 26 |
|---|
| 440 | 440 | | instructor or a police range officer shall sign and complete the certification which shall include the 27 |
|---|
| 441 | 441 | | date of the qualification, the printed name, phone number of the instructor, instructor N.R.A. 28 |
|---|
| 442 | 442 | | number, the caliber of the weapon and the applicant’s score. An applicant’s qualification 29 |
|---|
| 443 | 443 | | certification dated more than one year prior to the date of the permit application will be considered 30 |
|---|
| 444 | 444 | | invalid. 31 |
|---|
| 445 | 445 | | (7) A copy of the N.R.A. instructor certification and/or the police officer’s range 32 |
|---|
| 446 | 446 | | certification shall be submitted with the application. 33 |
|---|
| 447 | 447 | | (8) The applicant’s legal residence may be required. The residency requirement may be 34 |
|---|
| 448 | 448 | | |
|---|
| 449 | 449 | | |
|---|
| 450 | 450 | | LC001531 - Page 13 of 21 |
|---|
| 451 | 451 | | satisfied by any one of the following methods: the application may be signed by the applicant’s 1 |
|---|
| 452 | 452 | | local licensing authority; the application may be signed by the city or town chief of police; the 2 |
|---|
| 453 | 453 | | application may be signed by the city or town clerk; or the applicant may submit a certified or 3 |
|---|
| 454 | 454 | | notarized copy the applicant’s voter registration card. 4 |
|---|
| 455 | 455 | | (9) The applicant shall sign an affidavit certifying that he or she has read and is familiar 5 |
|---|
| 456 | 456 | | with the provision of the firearms act, §§ 11-47-1 through 11-47-65, inclusive, as amended, and 6 |
|---|
| 457 | 457 | | acknowledges the penalties for violations of the provisions of the cited sections. The applicant shall 7 |
|---|
| 458 | 458 | | further attest that any alteration of the permit is just cause for revocation. The affidavit shall be 8 |
|---|
| 459 | 459 | | dated and notarized and shall indicate the date it was submitted to the licensing authority or the 9 |
|---|
| 460 | 460 | | police department. 10 |
|---|
| 461 | 461 | | (10) All non-resident applicants shall include a copy of both the front and the back of their 11 |
|---|
| 462 | 462 | | home state permit, if they have one. 12 |
|---|
| 463 | 463 | | (h) The licensing authority may only use the applicant’s social security number for the 13 |
|---|
| 464 | 464 | | background check. 14 |
|---|
| 465 | 465 | | (i) The attorney general shall, within ninety (90) days for an in-state applicant or one 15 |
|---|
| 466 | 466 | | hundred twenty (120) days for an out-of-state applicant from the receipt of a complete application 16 |
|---|
| 467 | 467 | | either approve or deny the application. 17 |
|---|
| 468 | 468 | | (1) If the application is approved, the attorney general may require the applicant to appear 18 |
|---|
| 469 | 469 | | at the department of attorney general to sign and submit a fingerprint card for the permit. 19 |
|---|
| 470 | 470 | | (2) If the attorney general denies the application, the applicant shall be notified, either by 20 |
|---|
| 471 | 471 | | mail or by phone, that the entire application is available for pick-up by the applicant. Any denial 21 |
|---|
| 472 | 472 | | shall be in writing and state with specificity the reason(s) and evidence upon which the denial was 22 |
|---|
| 473 | 473 | | based and the rationale for the denial. 23 |
|---|
| 474 | 474 | | (3) If the attorney general deems the application incomplete, then the applicant shall be 24 |
|---|
| 475 | 475 | | notified, either by mail or by phone, within five (5) business days from submitting the application, 25 |
|---|
| 476 | 476 | | that the entire application is available for pick-up by the applicant along with a written response 26 |
|---|
| 477 | 477 | | stating the reason(s) why the application was deemed incomplete. 27 |
|---|
| 478 | 478 | | (j) The provisions of §§ 11-47-35 and 11-47-35.2 shall not apply to persons licensed 28 |
|---|
| 479 | 479 | | pursuant to this section. 29 |
|---|
| 480 | 480 | | (k) The attorney general’s renewal application for a license to carry a pistol or revolver 30 |
|---|
| 481 | 481 | | shall require the following: 31 |
|---|
| 482 | 482 | | (1) The applicant shall submit a fully complete, signed, dated and notarized renewal 32 |
|---|
| 483 | 483 | | application to the attorney general prior to the expiration date of the permit. 33 |
|---|
| 484 | 484 | | (2) The renewal application shall include the information included in subsection (f) of this 34 |
|---|
| 485 | 485 | | |
|---|
| 486 | 486 | | |
|---|
| 487 | 487 | | LC001531 - Page 14 of 21 |
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| 488 | 488 | | section with the following exceptions: 1 |
|---|
| 489 | 489 | | (i) The three (3) dated, signed and notarized typed reference letters from individuals who 2 |
|---|
| 490 | 490 | | personally know the applicant are not required upon renewal. 3 |
|---|
| 491 | 491 | | (ii) The fingerprint card requirement is not required upon renewal. 4 |
|---|
| 492 | 492 | | (3) The attorney general shall, within sixty (60) days of receipt of the renewal application, 5 |
|---|
| 493 | 493 | | if there is no material change in the applicant’s renewal application, no material change in need and 6 |
|---|
| 494 | 494 | | no change in the applicant’s criminal history, automatically approve the renewal application. 7 |
|---|
| 495 | 495 | | (l) The attorney general shall establish and maintain an emergency permit extension on the 8 |
|---|
| 496 | 496 | | renewal application for a license to carry a pistol or revolver. 9 |
|---|
| 497 | 497 | | (1) The emergency permit extension is only available to renewal applicants who, at the 10 |
|---|
| 498 | 498 | | time of the application, have an unexpired four (4) year attorney general license to carry a pistol or 11 |
|---|
| 499 | 499 | | revolver and who must maintain this license for work purposes. 12 |
|---|
| 500 | 500 | | (2) A complete renewal application must be delivered to the department of attorney general 13 |
|---|
| 501 | 501 | | prior to the license expiration date. 14 |
|---|
| 502 | 502 | | (3) The attorney general shall, within three (3) business days of receipt of the renewal 15 |
|---|
| 503 | 503 | | application, if there is no material change in the applicant’s renewal application, no material change 16 |
|---|
| 504 | 504 | | in need and no change in the applicant’s criminal history, automatically approve and make available 17 |
|---|
| 505 | 505 | | the emergency permit. 18 |
|---|
| 506 | 506 | | (4) A fee of fifty dollars ($50.00) shall be paid to the attorney general for the emergency 19 |
|---|
| 507 | 507 | | permit extension upon the issuance of the emergency permit. 20 |
|---|
| 508 | 508 | | (5) An emergency license to carry a pistol or revolver will be valid for ninety (90) days 21 |
|---|
| 509 | 509 | | only. 22 |
|---|
| 510 | 510 | | (6) Nothing in the emergency permit extension section shall be construed or interpreted to 23 |
|---|
| 511 | 511 | | stay or toll the time periods in the renewal process as outlined in § 11-47-11(e). 24 |
|---|
| 512 | 512 | | 11-47-20. Sale or possession of silencers. Sale and possession of silencers. 25 |
|---|
| 513 | 513 | | (a) It shall be unlawful within this state to manufacture, sell, purchase, or possess or use a 26 |
|---|
| 514 | 514 | | firearm, with an overall length of less than seventeen inches (17”) that has attached any muffler, 27 |
|---|
| 515 | 515 | | silencer, or device for deadening or muffling the sound of a the firearm when discharged. 28 |
|---|
| 516 | 516 | | (b) Violations of this section shall be punished by imprisonment for not less than one year 29 |
|---|
| 517 | 517 | | and one day. 30 |
|---|
| 518 | 518 | | SECTION 2. Section 38-2-2 of the General Laws in Chapter 38-2 entitled "Access to Public 31 |
|---|
| 519 | 519 | | Records" is hereby amended to read as follows: 32 |
|---|
| 520 | 520 | | 38-2-2. Definitions. 33 |
|---|
| 521 | 521 | | As used in this chapter: 34 |
|---|
| 522 | 522 | | |
|---|
| 523 | 523 | | |
|---|
| 524 | 524 | | LC001531 - Page 15 of 21 |
|---|
| 525 | 525 | | (1) “Agency” or “public body” means any executive, legislative, judicial, regulatory, or 1 |
|---|
| 526 | 526 | | administrative body of the state, or any political subdivision thereof; including, but not limited to: 2 |
|---|
| 527 | 527 | | any department, division, agency, commission, board, office, bureau, authority; any school, fire, or 3 |
|---|
| 528 | 528 | | water district, or other agency of Rhode Island state or local government that exercises 4 |
|---|
| 529 | 529 | | governmental functions; any authority as defined in § 42-35-1(b); or any other public or private 5 |
|---|
| 530 | 530 | | agency, person, partnership, corporation, or business entity acting on behalf of and/or in place of 6 |
|---|
| 531 | 531 | | any public agency. 7 |
|---|
| 532 | 532 | | (2) “Chief administrative officer” means the highest authority of the public body. 8 |
|---|
| 533 | 533 | | (3) “Public business” means any matter over which the public body has supervision, 9 |
|---|
| 534 | 534 | | control, jurisdiction, or advisory power. 10 |
|---|
| 535 | 535 | | (4) “Public record” or “public records” shall mean all documents, papers, letters, maps, 11 |
|---|
| 536 | 536 | | books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data 12 |
|---|
| 537 | 537 | | processing records, computer stored data (including electronic mail messages, except specifically 13 |
|---|
| 538 | 538 | | for any electronic mail messages of or to elected officials with or relating to those they represent 14 |
|---|
| 539 | 539 | | and correspondence of or to elected officials in their official capacities), or other material regardless 15 |
|---|
| 540 | 540 | | of physical form or characteristics made or received pursuant to law or ordinance or in connection 16 |
|---|
| 541 | 541 | | with the transaction of official business by any agency. For the purposes of this chapter, the 17 |
|---|
| 542 | 542 | | following records shall not be deemed public: 18 |
|---|
| 543 | 543 | | (A)(I)(a) All records relating to a client/attorney relationship and to a doctor/patient 19 |
|---|
| 544 | 544 | | relationship, including all medical information relating to an individual in any files. 20 |
|---|
| 545 | 545 | | (b) Personnel and other personal individually identifiable records otherwise deemed 21 |
|---|
| 546 | 546 | | confidential by federal or state law or regulation, or the disclosure of which would constitute a 22 |
|---|
| 547 | 547 | | clearly unwarranted invasion of personal privacy pursuant to 5 U.S.C. § 552 et seq.; provided, 23 |
|---|
| 548 | 548 | | however, with respect to employees, and employees of contractors and subcontractors working on 24 |
|---|
| 549 | 549 | | public works projects that are required to be listed as certified payrolls, the name, gross salary, 25 |
|---|
| 550 | 550 | | salary range, total cost of paid fringe benefits, gross amount received in overtime, and any other 26 |
|---|
| 551 | 551 | | remuneration in addition to salary, job title, job description, dates of employment and positions 27 |
|---|
| 552 | 552 | | held with the state, municipality, or public works contractor or subcontractor on public works 28 |
|---|
| 553 | 553 | | projects, employment contract, work location, and/or project, business telephone number, the city 29 |
|---|
| 554 | 554 | | or town of residence, and date of termination shall be public. For the purposes of this section 30 |
|---|
| 555 | 555 | | “remuneration” shall include any payments received by an employee as a result of termination, or 31 |
|---|
| 556 | 556 | | otherwise leaving employment, including, but not limited to, payments for accrued sick and/or 32 |
|---|
| 557 | 557 | | vacation time, severance pay, or compensation paid pursuant to a contract buy-out provision. For 33 |
|---|
| 558 | 558 | | purposes of this section, the city or town residence shall not be deemed public for peace officers, 34 |
|---|
| 559 | 559 | | |
|---|
| 560 | 560 | | |
|---|
| 561 | 561 | | LC001531 - Page 16 of 21 |
|---|
| 562 | 562 | | as defined in § 12-7-21, and shall not be released. 1 |
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| 563 | 563 | | (II) Notwithstanding the provisions of this section, or any other provision of the general 2 |
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| 564 | 564 | | laws to the contrary, the pension records of all persons who are either current or retired members 3 |
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| 565 | 565 | | of any public retirement systems, as well as all persons who become members of those retirement 4 |
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| 566 | 566 | | systems after June 17, 1991, shall be open for public inspection. “Pension records” as used in this 5 |
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| 567 | 567 | | section, shall include all records containing information concerning pension and retirement benefits 6 |
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| 568 | 568 | | of current and retired members of the retirement systems and future members of said systems, 7 |
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| 569 | 569 | | including all records concerning retirement credits purchased and the ability of any member of the 8 |
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| 570 | 570 | | retirement system to purchase retirement credits, but excluding all information regarding the 9 |
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| 571 | 571 | | medical condition of any person and all information identifying the member’s designated 10 |
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| 572 | 572 | | beneficiary or beneficiaries unless and until the member’s designated beneficiary or beneficiaries 11 |
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| 573 | 573 | | have received or are receiving pension and/or retirement benefits through the retirement system. 12 |
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| 574 | 574 | | (B) Trade secrets and commercial or financial information obtained from a person, firm, 13 |
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| 575 | 575 | | or corporation that is of a privileged or confidential nature. 14 |
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| 576 | 576 | | (C) Child custody and adoption records, records of illegitimate births, and records of 15 |
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| 577 | 577 | | juvenile proceedings before the family court. 16 |
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| 578 | 578 | | (D) All records maintained by law enforcement agencies for criminal law enforcement and 17 |
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| 579 | 579 | | all records relating to the detection and investigation of crime, including those maintained on any 18 |
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| 580 | 580 | | individual or compiled in the course of a criminal investigation by any law enforcement agency. 19 |
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| 581 | 581 | | Provided, however, such records shall not be deemed public only to the extent that the disclosure 20 |
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| 582 | 582 | | of the records or information (a) Could reasonably be expected to interfere with investigations of 21 |
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| 583 | 583 | | criminal activity or with enforcement proceedings; (b) Would deprive a person of a right to a fair 22 |
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| 584 | 584 | | trial or an impartial adjudication; (c) Could reasonably be expected to constitute an unwarranted 23 |
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| 585 | 585 | | invasion of personal privacy; (d) Could reasonably be expected to disclose the identity of a 24 |
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| 586 | 586 | | confidential source, including a state, local, or foreign agency or authority, or any private institution 25 |
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| 587 | 587 | | that furnished information on a confidential basis, or the information furnished by a confidential 26 |
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| 588 | 588 | | source; (e) Would disclose techniques and procedures for law enforcement investigations or 27 |
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| 589 | 589 | | prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions; or 28 |
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| 590 | 590 | | (f) Could reasonably be expected to endanger the life or physical safety of any individual. Records 29 |
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| 591 | 591 | | relating to management and direction of a law enforcement agency and records or reports reflecting 30 |
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| 592 | 592 | | the initial arrest of an adult and the charge or charges brought against an adult shall be public. 31 |
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| 593 | 593 | | (E) Any records that would not be available by law or rule of court to an opposing party in 32 |
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| 594 | 594 | | litigation. 33 |
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| 595 | 595 | | (F) Scientific and technological secrets and the security plans of military and law 34 |
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| 596 | 596 | | |
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| 597 | 597 | | |
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| 598 | 598 | | LC001531 - Page 17 of 21 |
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| 599 | 599 | | enforcement agencies, the disclosure of which would endanger the public welfare and security. 1 |
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| 600 | 600 | | (G) Any records that disclose the identity of the contributor of a bona fide and lawful 2 |
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| 601 | 601 | | charitable contribution to the public body whenever public anonymity has been requested of the 3 |
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| 602 | 602 | | public body with respect to the contribution by the contributor. 4 |
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| 603 | 603 | | (H) Reports and statements of strategy or negotiation involving labor negotiations or 5 |
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| 604 | 604 | | collective bargaining. 6 |
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| 605 | 605 | | (I) Reports and statements of strategy or negotiation with respect to the investment or 7 |
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| 606 | 606 | | borrowing of public funds, until such time as those transactions are entered into. 8 |
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| 607 | 607 | | (J) Any minutes of a meeting of a public body that are not required to be disclosed pursuant 9 |
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| 608 | 608 | | to chapter 46 of title 42. 10 |
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| 609 | 609 | | (K) Preliminary drafts, notes, impressions, memoranda, working papers, and work 11 |
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| 610 | 610 | | products, including those involving research at state institutions of higher education on commercial, 12 |
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| 611 | 611 | | scientific, artistic, technical, or scholarly issues, whether in electronic or other format; provided, 13 |
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| 612 | 612 | | however, any documents submitted at a public meeting of a public body shall be deemed public. 14 |
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| 613 | 613 | | (L) Test questions, scoring keys, and other examination data used to administer a licensing 15 |
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| 614 | 614 | | examination, examination for employment or promotion, or academic examinations; provided, 16 |
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| 615 | 615 | | however, that a person shall have the right to review the results of his or her examination. 17 |
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| 616 | 616 | | (M) Correspondence of or to elected officials with or relating to those they represent and 18 |
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| 617 | 617 | | correspondence of or to elected officials in their official capacities. 19 |
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| 618 | 618 | | (N) The contents of real estate appraisals, engineering, or feasibility estimates and 20 |
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| 619 | 619 | | evaluations made for or by an agency relative to the acquisition of property or to prospective public 21 |
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| 620 | 620 | | supply and construction contracts, until such time as all of the property has been acquired or all 22 |
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| 621 | 621 | | proceedings or transactions have been terminated or abandoned; provided the law of eminent 23 |
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| 622 | 622 | | domain shall not be affected by this provision. 24 |
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| 623 | 623 | | (O) All tax returns. 25 |
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| 624 | 624 | | (P) All investigatory records of public bodies, with the exception of law enforcement 26 |
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| 625 | 625 | | agencies, pertaining to possible violations of statute, rule, or regulation other than records of final 27 |
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| 626 | 626 | | actions taken, provided that all records prior to formal notification of violations or noncompliance 28 |
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| 627 | 627 | | shall not be deemed to be public. 29 |
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| 628 | 628 | | (Q) Records of individual test scores on professional certification and licensing 30 |
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| 629 | 629 | | examinations; provided, however, that a person shall have the right to review the results of his or 31 |
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| 630 | 630 | | her examination. 32 |
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| 631 | 631 | | (R) Requests for advisory opinions until such time as the public body issues its opinion. 33 |
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| 632 | 632 | | (S) Records, reports, opinions, information, and statements required to be kept confidential 34 |
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| 633 | 633 | | |
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| 634 | 634 | | |
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| 635 | 635 | | LC001531 - Page 18 of 21 |
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| 636 | 636 | | by federal law or regulation or state law or rule of court. 1 |
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| 637 | 637 | | (T) Judicial bodies are included in the definition only in respect to their administrative 2 |
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| 638 | 638 | | function provided that records kept pursuant to the provisions of chapter 16 of title 8 are exempt 3 |
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| 639 | 639 | | from the operation of this chapter. 4 |
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| 640 | 640 | | (U) Library records that, by themselves or when examined with other public records, would 5 |
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| 641 | 641 | | reveal the identity of the library user requesting, checking out, or using any library materials. 6 |
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| 642 | 642 | | (V) Printouts from TELE — TEXT devices used by people who are deaf or hard of hearing 7 |
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| 643 | 643 | | or speech impaired. 8 |
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| 644 | 644 | | (W) All records received by the insurance division of the department of business regulation 9 |
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| 645 | 645 | | from other states, either directly or through the National Association of Insurance Commissioners, 10 |
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| 646 | 646 | | if those records are accorded confidential treatment in that state. Nothing contained in this title or 11 |
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| 647 | 647 | | any other provision of law shall prevent or be construed as prohibiting the commissioner of 12 |
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| 648 | 648 | | insurance from disclosing otherwise confidential information to the insurance department of this 13 |
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| 649 | 649 | | or any other state or country, at any time, so long as the agency or office receiving the records 14 |
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| 650 | 650 | | agrees in writing to hold it confidential in a manner consistent with the laws of this state. 15 |
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| 651 | 651 | | (X) Credit card account numbers in the possession of state or local government are 16 |
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| 652 | 652 | | confidential and shall not be deemed public records. 17 |
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| 653 | 653 | | (Y) Any documentary material, answers to written interrogatories, or oral testimony 18 |
|---|
| 654 | 654 | | provided under any subpoena issued under § 9-1.1-6. 19 |
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| 655 | 655 | | (Z) Any individually identifiable evaluations of public school employees made pursuant to 20 |
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| 656 | 656 | | state or federal law or regulation. 21 |
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| 657 | 657 | | (AA) All documents prepared by school districts intended to be used by school districts in 22 |
|---|
| 658 | 658 | | protecting the safety of their students from potential and actual threats. 23 |
|---|
| 659 | 659 | | (BB) The list of teachers terminated for good and just cause maintained by the department 24 |
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| 660 | 660 | | of education pursuant to § 16-13-9. 25 |
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| 661 | 661 | | (CC) All documents, records and any records of proceedings pursuant to the firearms act, 26 |
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| 662 | 662 | | appeal § 11-47-65, before a licensing authority, the department of attorney general and the superior 27 |
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| 663 | 663 | | court are not open to the public. 28 |
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| 664 | 664 | | SECTION 3. Chapter 11-47 of the General Laws entitled “Weapons” is hereby amended 29 |
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| 665 | 665 | | by adding thereto the following section: 30 |
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| 666 | 666 | | 11-47-64. Review and appeal of the decision of the licensing authority or attorney 31 |
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| 667 | 667 | | general. 32 |
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| 668 | 668 | | (a) A decision denying a firearms permit pursuant to either §§ 11-47-11 or 11-47-18 shall 33 |
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| 669 | 669 | | be final unless further review and/or appeal is initiated in writing within fifteen (15) days after the 34 |
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| 670 | 670 | | |
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| 671 | 671 | | |
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| 672 | 672 | | LC001531 - Page 19 of 21 |
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| 673 | 673 | | decision has been mailed to the applicant at the address listed on the application. 1 |
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| 674 | 674 | | (b) An aggrieved individual may submit a written request to reconsider the denial to the 2 |
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| 675 | 675 | | licensing authority or the department of attorney general. Any request for reconsideration must be 3 |
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| 676 | 676 | | submitted within fifteen (15) days after the decision has been mailed to the address provided by the 4 |
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| 677 | 677 | | applicant. 5 |
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| 678 | 678 | | (1) The licensing authority or the department of attorney general shall schedule and conduct 6 |
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| 679 | 679 | | an in-person meeting within thirty (30) days of the request to review and discuss the decision. Said 7 |
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| 680 | 680 | | meeting shall only be scheduled or rescheduled beyond the initial thirty (30) day period by 8 |
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| 681 | 681 | | agreement of the parties and/or for good cause, but in no event exceed sixty (60) days. 9 |
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| 682 | 682 | | (2) The applicant may submit any supplemental documentation or written evidence relative 10 |
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| 683 | 683 | | to the application, which shall become part of the application. 11 |
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| 684 | 684 | | (3) The meeting shall be conducted as an informal meeting, not as an administrative 12 |
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| 685 | 685 | | hearing. The licensing authority or the department of attorney general shall receive and consider 13 |
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| 686 | 686 | | documents and other evidence without regard to statutory and common law rules. No stenographic 14 |
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| 687 | 687 | | record, transcription, video, audio or other recording shall be allowed. 15 |
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| 688 | 688 | | (4) The applicant may be represented at this meeting by an attorney. 16 |
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| 689 | 689 | | (5) The licensing authority or the department of attorney general shall within fourteen (14) 17 |
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| 690 | 690 | | days after the meeting mail a decision to the applicant granting or denying the application. Any 18 |
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| 691 | 691 | | denial shall be in writing and state with specificity the reason(s) and evidence upon which the denial 19 |
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| 692 | 692 | | was based and the rationale for the denial. 20 |
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| 693 | 693 | | (c) An aggrieved individual may submit an appeal of the decision denying a firearms permit 21 |
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| 694 | 694 | | pursuant to the decision of the request to reconsider to the superior court of the State of Rhode 22 |
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| 695 | 695 | | Island for the county in which the licensing authority or attorney general is located, in the form of 23 |
|---|
| 696 | 696 | | a miscellaneous petition, within fifteen (15) days after the decision has been mailed to the applicant 24 |
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| 697 | 697 | | at the address listed on the application. 25 |
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| 698 | 698 | | (1) The petition for review shall state the grounds upon which review is sought but need 26 |
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| 699 | 699 | | not be verified. 27 |
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| 700 | 700 | | (2) Upon appeal, the petitioner is entitled to a trial de novo before a justice of the superior 28 |
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| 701 | 701 | | court without a jury. 29 |
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| 702 | 702 | | (3) Within thirty (30) days of the filing of the notice of appeal the licensing authority or 30 |
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| 703 | 703 | | attorney general shall provide a full, complete and certified copy of the application and all 31 |
|---|
| 704 | 704 | | submitted documents to both the petitioner and the superior court. 32 |
|---|
| 705 | 705 | | (d) Pursuant to chapter 2 of title 38, the request to reconsider and the appeal to superior 33 |
|---|
| 706 | 706 | | court, shall not be deemed public. All documents, records and proceedings before the licensing 34 |
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| 707 | 707 | | |
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| 708 | 708 | | |
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| 709 | 709 | | LC001531 - Page 20 of 21 |
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| 710 | 710 | | authority, the department of attorney general and the superior court are not open to the public but 1 |
|---|
| 711 | 711 | | may be accessed by law enforcement personnel to be used for law enforcement purposes only and 2 |
|---|
| 712 | 712 | | shall otherwise remain confidential. 3 |
|---|
| 713 | 713 | | (e) An applicant may have their hearing open to the public upon written request to the 4 |
|---|
| 714 | 714 | | superior court. 5 |
|---|
| 715 | 715 | | (f) The superior court shall award reasonable attorney fees, costs and filing fees to the 6 |
|---|
| 716 | 716 | | prevailing applicant if the court finds that there is no justiciable issue of either law of fact or to the 7 |
|---|
| 717 | 717 | | prevailing applicant if the licensing authority or the department of attorney general did not have a 8 |
|---|
| 718 | 718 | | good faith basis in the denial of the license or permit. 9 |
|---|
| 719 | 719 | | SECTION 4. Chapter 20-13 of the General Laws entitled “Hunting and Hunting Safety” is 10 |
|---|
| 720 | 720 | | hereby amended by adding thereto the following section: 11 |
|---|
| 721 | 721 | | 20-13-18. Hunting with suppressor. 12 |
|---|
| 722 | 722 | | (a) An individual in lawful possession of a device that will silence, suppress, or muffle the 13 |
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| 723 | 723 | | sound of natural report of a rifle or shotgun when the rifle or shotgun is discharged may, at his or 14 |
|---|
| 724 | 724 | | her sole discretion, use such device to hunt any game for which the individual is licensed; provided 15 |
|---|
| 725 | 725 | | the host rifle or shotgun to which the device is attached complies with the provisions of § 20-13-16 |
|---|
| 726 | 726 | | 13. 17 |
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| 727 | 727 | | (b) No city, town committee, board or state or local agency may enact rules, regulations or 18 |
|---|
| 728 | 728 | | ordinances requiring or in any other manner mandating the use of a device that will silence, 19 |
|---|
| 729 | 729 | | suppress, or muffle the sound of natural report of a rifle or shotgun. 20 |
|---|
| 730 | 730 | | SECTION 5. This act shall take effect upon passage. 21 |
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| 732 | 732 | | LC001531 |
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| 735 | 735 | | |
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| 736 | 736 | | LC001531 - Page 21 of 21 |
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| 737 | 737 | | EXPLANATION |
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| 738 | 738 | | BY THE LEGISLATIVE COUNCIL |
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| 739 | 739 | | OF |
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| 740 | 740 | | A N A C T |
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| 741 | 741 | | RELATING TO CRIMINAL OFFENSES -- WEAPONS |
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| 742 | 742 | | *** |
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| 743 | 743 | | This act would define suitable person for purposes of possessing and having a concealed 1 |
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| 744 | 744 | | carry pistol permit, would establish reasons for applying for a concealed carry permit for both in-2 |
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| 745 | 745 | | state and out-of-state residents, would recognize a concealed weapon permit or license by a 3 |
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| 746 | 746 | | reciprocal state, would establish what information is required on applications for carry permits, 4 |
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| 747 | 747 | | establish time limits and an appeal process when an application is denied, provides that records 5 |
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| 748 | 748 | | relating to carry permits and appeals is not a public record and would permit the use of silence or 6 |
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| 749 | 749 | | suppressor for use in hunting. 7 |
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| 750 | 750 | | This act would take effect upon passage. 8 |
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| 752 | 752 | | LC001531 |
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