2023 -- S 0647
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LC002326
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO CRIMINAL OFFENSES -- WEAPONS
Introduced By: Senators McKenney, Kallman, Lauria, Tikoian, LaMountain, DiMario,
and Euer
Date Introduced: March 07, 2023
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Section 11-47-35 of the General Laws in Chapter 11-47 entitled "Weapons" 1
is hereby amended to read as follows: 2
11-47-35. Sale of concealable weapons — Safety courses and tests — Issuance of 3
permits to certain government officers Sale of firearms -- Safety courses and tests -- Issuance 4
of permits to certain government officers. 5
(a)(1) No person shall deliver a pistol or revolver a firearm to a purchaser until seven (7) 6
days shall have elapsed from twelve o’clock (12:00) noon of the day following the day of 7
application for the purchase, and when delivered, the pistol or revolver firearm shall be unloaded 8
and securely wrapped, with the bill of sale to be enclosed within the wrapper with the pistol or 9
revolver firearm. As used in this section, "firearm" means a rifle, shotgun, pistol or revolver. Any 10
citizen of the United States and/or lawful resident of this state who is twenty-one (21) years of age 11
or older, not otherwise prohibited by federal or state law, and any nonresident member of the armed 12
forces of the United States who is stationed in this state and who is twenty-one (21) years of age or 13
older, may, upon application, purchase or acquire a pistol or revolver firearm. At the time of 14
applying for the purchase of a concealable firearm, the purchaser shall: (i) Complete and sign in 15
triplicate and deliver to the person selling the pistol or revolver firearm the application form 16
described in this section, and in no case shall it contain the serial number of the pistol or revolver 17
firearm; and (ii) Present to the person selling the pistol or revolver a pistol/revolver firearm, a 18
firearm safety certificate or basic hunter safety course certificate issued by the department of 19
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environmental management. The certificate shall be retained in the possession of the buyer. The 1
pistol/revolver firearm safety certificate, commonly referred to as a "blue card", shall certify that 2
the purchaser has completed a basic pistol/revolver firearm safety course test as shall be 3
administered by the department of environmental management. 4
(Face of application form) 5
Application to Purchase Pistol or Revolver Firearm 6
Date ………………………………………… Hour ………………………………… A.M. P.M. 7
Name ................................................................................................................................... 8
Address ................................................................................................................................ 9
(Street and number) (City or town) (State) 10
Date of Birth ................................................... Place of Birth .............................................. 11
Height ......................................... Weight ...................... Color hair ................................... 12
Color eyes ............................................................................................................................. 13
Scars .................................................................................................................................... 14
Tattoos ................................................................................................................................. 15
Other identifying marks ........................................................................................................ 16
Are you a citizen of the United States ..................................................................................... 17
Are you a citizen of Rhode Island .......................................................................................... 18
How long ............................................................................................................................. 19
Where stationed .................................................................................................................... 20
(Armed Forces only) 21
Number of pistols and/or revolvers firearms to be purchased ................................................... 22
Type of firearm(s) (e.g. rifle, shotgun, pistol or revolver)………………………………………… 23
Have you ever been convicted of a crime of violence .............................................................. 24
(See § 11-47-2) 25
Have you ever been adjudicated or under confinement as addicted to a controlled substance 26
............................................................................................................................................. 27
Have you ever been adjudicated or under confinement for alcoholism ...................................... 28
............................................................................................................................................. 29
Have you ever been confined or treated for mental illness ....................................................... 30
From whom is pistol or revolver firearm being purchased ........................................................ 31
Seller's address ..................................................................................................................... 32
Seller's signature ................................................................................................................... 33
Applicant's signature ............................................................................................................. 34
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(See § 11-47-23 for penalty for false information on this application) 1
(Reverse side of application form) 2
AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1 — 11-3
47-55, inclusive, of the general laws of the State of Rhode Island, and that I am aware of the 4
penalties for violation of the provisions of the cited sections. I further certify that I have 5
completed the required basic pistol/revolver firearm safety course. 6
Signed .................................................................................................................................. 7
(over) 8
County of ............................................................................................................................. 9
State of Rhode Island 10
Subscribed and sworn before me this ……… day of ……. A.D. 20..... 11
Notary Public 12
...................................... 13
(2) The person selling the pistol or revolver firearm shall on the date of application sign 14
and forward by registered mail, by delivery in person, or by electronic mail if approved by the 15
applicable police department, the original and duplicate copies of the application to the chief of 16
police in the city or town in which the purchaser has his or her residence or to the superintendent 17
of the Rhode Island state police in the instance where the purchaser either resides in the town of 18
Exeter or resides out of state. The superintendent of the Rhode Island state police or the chief of 19
police in the city or town in which the purchaser has his or her residence shall mark or stamp the 20
original copy of the application form with the date and the time of receipt and return it by the most 21
expeditious means to the person who is selling the pistol or revolver firearm. The triplicate copy 22
duly signed by the person who is selling the pistol or revolver firearm shall within seven (7) days 23
be sent by him or her the seller by registered mail, by delivery in person, or by electronic mail to 24
the attorney general. The person who is selling the pistol or revolver firearm shall retain the original 25
copy duly receipted by the police authority to whom sent or delivered for a period of six (6) years 26
with other records of the sale. It shall be the duty of the police authority to whom the duplicate 27
copy of the application form is sent or delivered to make a background check of the applicant to 28
ascertain whether he or she the applicant falls under the provisions of §§ 8-8.3-4, 8-8.3-6, 11-47-5, 29
11-47-5.4, § 11-47-6, § 11-47-7, or § 11-47-23, or 11-47-37. If, after the lapse of seven (7) days 30
from twelve o’clock (12:00) noon of the day following application, no disqualifying information 31
has been received from the investigating police authority by the person who is selling the pistol or 32
revolver firearm, he or she the seller will deliver the firearm applied for to the purchaser. Upon the 33
finding of no disqualifying information under the provisions of the above cited sections of this 34
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chapter, and in no case later than thirty (30) days after the date of application, the duplicate and 1
triplicate copies of the application will be destroyed. Retention of the duplicate and triplicate copies 2
in violation of this section or any unauthorized use of the information contained in the copies by a 3
person or agency shall be punishable by a fine of not more than one thousand dollars ($1,000). The 4
provisions of this section shall not apply to bona fide sales at wholesale to duly licensed retail 5
dealers, nor to purchases by retail dealers duly licensed under the provisions of § 11-47-39. 6
(b)(1) The department of environmental management shall establish the basic 7
pistol/revolver safety course required by this section. The safety course shall consist of not less 8
than two (2) hours of instruction in the safe use and handling of pistols and revolvers and the course 9
shall be available to buyers continually throughout the year at convenient times and places but at 10
least monthly at locations throughout the state, or more frequently as required. Proficiency in the 11
use of pistols or revolvers shall not be prerequisite to the issuance of the safety certificate. No 12
person shall be required to complete the course more than once; provided, that any person 13
completing the course who is unable to produce the safety certificate issued by the department of 14
environmental management shall be required to take the course again unless the person provides 15
evidence to the department that he or she has successfully completed the course. 16
(2) The administration of the basic pistol/revolver safety course required by this section 17
shall not exceed the cost of thirty-five thousand dollars ($35,000) in any fiscal year. 18
(c) Proof of passage of the department of environmental management’s basic hunter safety 19
course will be equivalent to the pistol/revolver firearm safety certificate mandated by this section. 20
(d) Any person who has reason to believe that he or she does not need the required handgun 21
safety course may apply by any written means to the department of environmental management to 22
applies to buy a firearm shall take an objective test, administered by the department of 23
environmental management, or alternatively, the basic hunter safety course, on the subject matter 24
of the handgun firearm safety course. The test shall be prepared, as well as an instruction manual 25
upon which the test shall be based, by the department. The manual shall be made available by any 26
means to the applicant who may, within the time limits for application, take the objective test at the 27
department or at any location where the handgun firearm safety course is being given. Any person 28
receiving a passing grade on the test shall be issued a pistol/revolver firearm safety certificate, 29
(“blue card”), by the department. No person who passes the blue card safety test shall be required 30
to complete the test more than once; provided, that any person completing the test who is unable to 31
produce the safety certificate issued by the department of environmental management shall be 32
required to take and pass the test again unless the person provides evidence to the department that 33
they have previously successfully passed the test. The safety test manual and test questions shall 34
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be reviewed and amended every two (2) years, as appropriate, by the department of environmental 1
management, to reflect current laws and changes in firearm safety. 2
(e) [Deleted by P.L. 2005, ch. 20, § 11 and P.L. 2005, ch. 27, § 11.] 3
(f) The following persons shall be issued basic pistol/revolver permits firearm safety 4
certificates ("blue cards") by the department of environmental management: sheriffs, deputy 5
sheriffs, the superintendent and members of the state police, prison or jail wardens or their deputies, 6
members of the city or town police force, members of the park police, conservation officers, 7
members of the airport police and officers of the United States government authorized by law to 8
carry a concealed firearm and, at the discretion of the department of environmental management, 9
any person who can satisfactorily establish that he or she formerly held one of these offices or were 10
so authorized. 11
(g) Any person who is serving in the Army, Navy, Air Force, Marine Corps, or Coast Guard 12
on active duty shall not be required to obtain a basic pistol/revolver firearm safety certificate/blue 13
card or basic pistol/revolver permit under this section so long as he or she remains on active duty. 14
(h) Any person who is serving in the active reserve components of the Army, Navy, Air 15
Force, Marine Corps, or Coast Guard, or any person in an active duty paid status in the Rhode 16
Island National Guard, shall not be required to obtain a basic pistol/revolver firearm safety 17
certificate/blue card under this section so long as he or she remains in active status. 18
(i) The provisions of this section shall not apply to full-time members of the state police, 19
full-time members of city or town police departments, persons licensed under §§ 11-47-9 and 11-20
47-11, or to sales of air rifles or “BB guns” or to sales of antique firearms as defined in § 11-47-2. 21
SECTION 2. Section 11-47-35.2 of the General Laws in Chapter 11-47 entitled "Weapons" 22
is hereby repealed. 23
11-47-35.2. Sale of rifles/shotguns. 24
(a) No person shall deliver a rifle or shotgun to a purchaser until seven (7) days shall have 25
elapsed from twelve o’clock (12:00) noon of the day following the day of application for the 26
purchase, and when delivered, the rifle or shotgun shall be unloaded and securely wrapped, with 27
the bill of sale for it to be enclosed within the wrapper with the rifle or shotgun. Any citizen of the 28
United States and/or lawful resident of this state who is twenty-one (21) years of age or older, and 29
any nonresident member of the armed forces of the United States who is stationed in this state and 30
who is twenty-one (21) years of age or older, may, upon application, purchase or acquire a rifle or 31
shotgun. At the time of applying for the purchase of a shotgun or rifle the purchaser shall complete 32
and sign in triplicate and deliver to the seller the application form described in this section, and in 33
no case shall it contain the serial number of the rifle or shotgun. 34
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(Face of application form) 1
Application to Purchase Shotgun or Rifle 2
Date ………………………………………… Hour ………………………………… A.M. P.M. 3
Name ................................................................................................................................... 4
Address ................................................................................................................................ 5
(Street and number) (City or town) (State) 6
Date of Birth ................................................... Place of Birth .............................................. 7
Height ......................................... Weight ...................... Color hair ................................... 8
Color eyes ............................................................................................................................ 9
Scars .................................................................................................................................... 10
Tattoos ................................................................................................................................. 11
Other identifying marks ........................................................................................................ 12
Are you a citizen of the United States ..................................................................................... 13
Are you a citizen of Rhode Island .......................................................................................... 14
How long ............................................................................................................................. 15
Where stationed .................................................................................................................... 16
(Armed Forces only) 17
Number of rifles and/or shotguns to be purchased ................................................................... 18
Have you ever been convicted of a crime of violence .............................................................. 19
(See § 11-47-2 General Laws of Rhode Island) 20
Have you ever been adjudicated or under confinement as addicted to a controlled substance 21
............................................................................................................................................. 22
Have you ever been adjudicated or under confinement for alcoholism ...................................... 23
............................................................................................................................................. 24
Have you ever been confined or treated for mental illness ....................................................... 25
From whom is shotgun or rifle being purchased ...................................................................... 26
Seller's address ..................................................................................................................... 27
Seller's signature ................................................................................................................... 28
Applicant's signature ............................................................................................................. 29
(See § 11-47-23 for penalty for false information on this application) 30
(Reverse side of application form) 31
AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1 — 11-32
47-59, inclusive, of the general laws of the State of Rhode Island, and that I am aware of the 33
penalties for violation of the provisions of the cited sections. 34
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Signed .................................................................................................................................. 1
County of ............................................................................................................................. 2
State of Rhode Island 3
Subscribed and sworn before me this ……… day of ……. A.D. 20.... 4
Notary Public 5
...................................... 6
(b) The person who is selling the rifle or shotgun shall, on the date of application, sign and 7
forward by registered mail or by delivery in person, or by electronic mail if approved by the 8
applicable police department, the original and duplicate copies of the application to the chief of 9
police in the city or town in which the purchaser has his or her residence or to the superintendent 10
of the Rhode Island state police in the instance where the purchaser either resides in the town of 11
Exeter or resides out of state. The superintendent of the Rhode Island state police or the chief of 12
police in the city or town in which the purchaser has his or her residence shall mark or stamp the 13
original copy of the application form with the date and time of receipt and return it by the most 14
expeditious means to the seller. The triplicate copy duly signed by the seller shall within seven (7) 15
days be sent by him or her by registered mail, by delivery in person, or by electronic mail, to the 16
attorney general. The person who is selling the rifle or shotgun shall retain the original copy duly 17
receipted by the police authority to whom sent or delivered for a period of six (6) years with other 18
records of the sale. It shall be the duty of the police authority to whom the duplicate copy of the 19
application form is sent or delivered to make a background check of the applicant to ascertain 20
whether he or she falls under the provisions of § 11-47-5, § 11-47-6, § 11-47-7, or § 11-47-23. If, 21
after the lapse of seven (7) days from twelve o’clock (12:00) noon of the day following application, 22
no disqualifying information has been received from the investigating police authority by the 23
person who is selling the rifle or shotgun, he or she will deliver the firearm applied for to the 24
purchaser. Upon the finding of no disqualifying information under the provisions of the above cited 25
sections of this chapter, and in no case later than thirty (30) days after the date of application, the 26
duplicate and triplicate copies of the application will be destroyed. Retention of the duplicate and 27
triplicate copies in violation of this chapter or any unauthorized use of the information contained 28
in them by a person or agency shall be punishable by a fine of not more than one thousand dollars 29
($1,000). The provisions of this section shall not apply to bona fide sales at wholesale to duly 30
licensed retail dealers, nor to purchases by retail dealers duly licensed under the provisions of § 11-31
47-39. 32
(c) The provisions of this section shall not apply to full-time members of the state police, 33
full-time members of city or town police departments, persons licensed under §§ 11-47-9 and 11-34
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47-11, or to sales of air rifles or “BB guns” or to sales of antique firearms as defined in § 11-47-2. 1
SECTION 3. This act shall take effect upon passage. 2
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LC002326
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL OFFENSES -- WEAPONS
***
This act requires purchasers of any firearm including pistols, revolvers, rifles and shotguns, 1
to take and pass a basic firearm safety test as shall be administered by the department of 2
environmental management and provides that the safety course manual and test questions for 3
firearms be evaluated and updated every two (2) years so that they reflect current gun laws and 4
firearm safety. This act also repeals the option of taking a pistol/revolver safety course, which the 5
department of environmental management does not offer, and replaces it with a firearm safety test, 6
commonly known as the blue card test. It also incorporates the provisions of § 11-47-35.2 and 7
therefore, repeals that section. 8
This act would take effect upon passage. 9
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LC002326
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