Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0363 Compare Versions

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

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5	5	2023 -- S 0363
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7	7	LC001134
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
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14	14	A N A C T
15	15	RELATING TO CRIMINAL OFFENSES -- WEAPONS
16	16	Introduced By: Senators Zurier, Acosta, McKenney, Miller, Euer, Lauria, and Mack
17	17	Date Introduced: February 16, 2023
18	18	Referred To: Senate Judiciary
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 11-47-58 of the General Laws in Chapter 11-47 entitled "Weapons" 1
23	23	is hereby amended to read as follows: 2
24	24	11-47-58. Firearms — State preemption. 3
25	25	(a) The control of firearms, ammunition, or their component parts regarding their 4
26	26	ownership, possession, transportation, carrying, transfer, sale, purchase, purchase delay, licensing, 5
27	27	registration, and taxation shall rest solely with the state, except as otherwise provided in this 6
28	28	chapter, or subsections (b) and (c) of this section. 7
29	29	(b)(1) Unless otherwise expressly prohibited pursuant to state law or infringing upon rights 8
30	30	protected under the United States or Rhode Island Constitutions, a municipality may enact an 9
31	31	ordinance, regulation, or other law governing or prohibiting the sale, purchase, transfer, or 10
32	32	possession of a firearm, ammunition, or firearm component or accessory that a person may lawfully 11
33	33	sell, purchase, transfer, or possess under state or federal law. The municipal ordinance, regulation, 12
34	34	or other law may not impose a requirement on the sale, purchase, transfer, or possession of a 13
35	35	firearm, ammunition or firearm component or accessory that is less restrictive than state law, and 14
36	36	any less restrictive ordinance, regulation, or other law enacted by a municipal government before 15
37	37	the effective date of this section, is void and unenforceable. A municipal ordinance, regulation, or 16
38	38	other law governing the sale, purchase, transfer, or possession of a firearm, ammunition, or firearm 17
39	39	component or accessory may only impose a criminal penalty for a violation upon a person who 18
40	40	knew or reasonably should have known that the person's conduct was prohibited. 19
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44	44	(2) Nothing in this section requires the attorney general to consider anything other than 1
45	45	state or federal law in its background approval process and determinations. 2
46	46	(3) Nothing in this section authorizes a municipal government to restrict the manufacture 3
47	47	or sale of items pursuant to a United States military or law enforcement procurement contract. 4
48	48	(c) Notwithstanding the provisions of §§ 11-47-11 or 11-47-18, any municipality may enact 5
49	49	an ordinance prohibiting the carrying of a weapon in a municipal building. A violation of an 6
50	50	ordinance enacted pursuant to the provisions of this subsection shall be a civil violation punishable 7
51	51	by a maximum fine of fifty dollars ($50.00). 8
52	52	(d) Every municipality that prohibits the carrying of a weapon in a municipal building 9
53	53	pursuant to subsection (c) of this section shall prominently and conspicuously post notice of the 10
54	54	prohibition at all entrances to the building. 11
55	55	SECTION 2. This act shall take effect upon passage. 12
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62	62	EXPLANATION
63	63	BY THE LEGISLATIVE COUNCIL
64	64	OF
65	65	A N A C T
66	66	RELATING TO CRIMINAL OFFENSES -- WEAPONS
67	67	***
68	68	This act would authorize municipalities to enact ordinances regulating firearms. 1
69	69	This act would take effect upon passage. 2
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