Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0626 Compare Versions

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

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5	5	2023 -- S 0626
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7	7	LC001527
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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	____________
13	13
14	14	A N A C T
15	15	RELATING TO CRIMINAL OFFENSES -- WEAPONS
16	16	Introduced By: Senators DeLuca, Ciccone, de la Cruz, E Morgan, Rogers, and Lombardo
17	17	Date Introduced: March 07, 2023
18	18	Referred To: Senate Judiciary
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Sections 11-47-10 and 11-47-8 of the General Laws in Chapter 11-47 entitled 1
23	23	"Weapons" are hereby amended to read as follows: 2
24	24	11-47-10. License or permit not required to carry to target range Exceptions to license 3
25	25	requirement. 4
26	26	(a) A lawful resident of this state, who is twenty-one (21) years of age or older, who is not 5
27	27	otherwise prohibited from owning or possessing a firearm, shall be allowed to carry a concealed 6
28	28	handgun without a permit, subject to the following conditions: 7
29	29	(1) The individual shall have a certificate of qualification issued in accordance with § 11-8
30	30	47-15 (law enforcement personnel may possess a Certification of the RI Combat Course) from an 9
31	31	N.R.A. instructor or a police range office. The certificate shall include the date of the qualification, 10
32	32	the printed name, phone number of the instructor, instructor N.R.A. number, the caliber of the 11
33	33	weapon and a passing score. The qualification certification may not be more than four (4) years 12
34	34	old. 13
35	35	(2) The individual shall have a pistol/revolver safety certificate or hunter safety certificate, 14
36	36	issued and/or recognized by the Rhode Island department of environmental management. 15
37	37	(3) The individual shall have in their possession, a valid photo identification issued by a 16
38	38	state or governmental agency and present the identification immediately, upon demand by a law 17
39	39	enforcement officer. 18
40	40	(b) Notwithstanding the provisions of subsection (a) of this section, no No license or permit 19
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44	44	shall be required for the purpose of carrying or transporting any pistol or revolver from one’s home 1
45	45	or place of business to a bona fide target practice range, nor from a bona fide target practice range 2
46	46	to one’s home or place of business, to engage in any shoot meet, or practice, provided that the pistol 3
47	47	or revolver is broken down, unloaded and carried as openly as circumstances will permit, or 4
48	48	provided that the pistols or revolvers are unloaded and secured in a separate container suitable for 5
49	49	the purpose. 6
50	50	11-47-8. License or permit required for carrying pistol — Other weapons prohibited 7
51	51	Firearm prohibitions. 8
52	52	(a) Except as provided in § 11-47-10, no No person shall, without a license or permit issued 9
53	53	as provided in §§ 11-47-11, 11-47-12, and 11-47-18, carry a pistol or revolver in any vehicle or 10
54	54	conveyance or on or about his or her person whether visible or concealed, except in his or her 11
55	55	dwelling house or place of business or on land possessed by him or her or as provided in §§ 11-47-12
56	56	9 and 11-47-10. The provisions of these sections shall not apply to any person who is the holder of 13
57	57	a valid license or permit issued by the licensing authority of another state, or territory of the United 14
58	58	States, or political subdivision of the state or territory, allowing him or her to carry a pistol or 15
59	59	revolver in any vehicle or conveyance or on or about his or her person whether visible or concealed, 16
60	60	provided the person is merely transporting the firearm through the state in a vehicle or other 17
61	61	conveyance without any intent on the part of the person to detain him or herself or remain within 18
62	62	the state of Rhode Island. No person shall manufacture, sell, purchase, or possess a machine gun 19
63	63	except as otherwise provided in this chapter. Every person violating the provision of this section 20
64	64	shall, upon conviction, be punished by imprisonment for not less than one nor more than ten (10) 21
65	65	years, or by a fine up to ten thousand dollars ($10,000), or both, and except for a first conviction 22
66	66	under this section, shall not be afforded the provisions of suspension or deferment of sentence, nor 23
67	67	a probation. 24
68	68	(b) No person shall have in his or her possession or under his or her control any sawed-off 25
69	69	shotgun or sawed-off rifle as defined in § 11-47-2. Any person convicted of violating this 26
70	70	subsection shall be punished by imprisonment for up to ten (10) years, or by a fine of up to five 27
71	71	thousand dollars ($5,000), or both. 28
72	72	(c) No person shall have in his or her possession or under his or her control any firearm 29
73	73	while the person delivers, possesses with intent to deliver, or manufactures a controlled substance. 30
74	74	Any person convicted of violating this subsection shall be punished by imprisonment for not less 31
75	75	than two (2) years nor more than twenty (20) years, and the sentence shall be consecutive to any 32
76	76	sentence the person may receive for the delivery, possession with intent to deliver, or the 33
77	77	manufacture of the controlled substance. It shall not be a defense to a violation of this subsection 34
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81	81	that a person has a license or permit to carry or possess a firearm. 1
82	82	(d) It shall be unlawful for any person to possess a bump-fire device, binary trigger, trigger 2
83	83	crank, or any other device that when attached to a semi-automatic weapon allows full-automatic 3
84	84	fire. Individuals who possess these items shall have ninety (90) days from the enactment of this 4
85	85	section to either sell, destroy, or otherwise remove these items from the state of Rhode Island. Every 5
86	86	person violating the provisions of this section shall, upon conviction, be punished by imprisonment 6
87	87	for not less than one nor more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), 7
88	88	or both, and, except for a first conviction under this section, shall not be afforded the provisions of 8
89	89	suspension or deferment of sentence, nor a probation. 9
90	90	(e) No person shall manufacture, sell, offer to sell, transfer, purchase, possess, or have 10
91	91	under his or her control a ghost gun or an undetectable firearm or any firearm produced by a 3D 11
92	92	printing process. Any person convicted of violating this subsection shall be punished by 12
93	93	imprisonment of not more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), or 13
94	94	both and except for a first conviction under this section shall not be afforded the provisions of 14
95	95	suspension or deferment of sentence, probation, nor fine. These provisions shall not apply to 15
96	96	federally licensed manufacturers (FLN) pursuant to Alcohol, Tobacco, Firearms, and Explosives 16
97	97	(ATF) regulations. 17
98	98	SECTION 2. This act shall take effect upon passage. 18
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105	105	EXPLANATION
106	106	BY THE LEGISLATIVE COUNCIL
107	107	OF
108	108	A N A C T
109	109	RELATING TO CRIMINAL OFFENSES -- WEAPONS
110	110	***
111	111	This act would permit Rhode Island residents, twenty-one (21) years of age or older, to 1
112	112	carry a concealed handgun, without a permit, subject to meeting four (4) conditions: (1) That the 2
113	113	person is not prohibited by law from possessing a firearm; (2) That the handgun carrier must possess 3
114	114	a certificate of qualification of shooting proficiency; (3) That the carrier has a safety certificate 4
115	115	recognized by the Rhode Island department of environmental management; and (4) That the carrier 5
116	116	has, in their possession, a governmental issued photo identification. 6
117	117	This act would take effect upon passage. 7
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