Rhode Island 2025 Regular Session

Rhode Island House Bill H5436 Compare Versions

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55 2025 -- H 5436
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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO CRIMINAL OFFENSES -- RHODE ISLAND ASSAULT WEAPO NS BAN
1616 ACT OF 2025
1717 Introduced By: Representatives Knight, Caldwell, Boylan, Speakman, McEntee, Ajello,
1818 Kazarian, Craven, Dawson, and Felix
1919 Date Introduced: February 12, 2025
2020 Referred To: House Judiciary
2121 (Governor/Secretary of State/General Treasurer/Attorney General)
2222
2323 It is enacted by the General Assembly as follows:
2424 SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby 1
2525 amended by adding thereto the following chapter: 2
2626 CHAPTER 47.2 3
2727 RHODE ISLAND ASSAULT WEA PONS BAN ACT OF 2025 4
2828 11-47.2-1. Short title. 5
2929 This chapter shall be known and may be cited as the "Rhode Island Assault Weapons Ban 6
3030 Act of 2025." 7
3131 11-47.2-2. Definitions. 8
3232 When used in this chapter: 9
3333 (1) "Ammunition feeding device" means a magazine, box, drum, tube, belt, feed strip, or 10
3434 device which is capable of holding ammunition to be fed continuously and directly therefrom into 11
3535 a semi-automatic firearm. The term shall not include an attached tubular device which is capable 12
3636 of holding only .22 caliber rimfire ammunition. 13
3737 (2) "Assault weapon" means: 14
3838 (i) A semi-automatic shotgun that has at least one of the following: 15
3939 (A) A fixed magazine capacity exceeding six (6) rounds; 16
4040 (B) The ability to accept a detachable magazine, or that may be readily modified to accept 17
4141 a detachable magazine and has either a folding, telescoping, or detachable stock, or a pistol grip, 18
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4545 or a thumbhole stock, or any feature capable of functioning as a protruding grip that can be held by 1
4646 the non-trigger hand. 2
4747 (ii) Any shotgun with a revolving cylinder. 3
4848 (iii) A semi-automatic rifle with a fixed magazine capacity exceeding ten (10) rounds. 4
4949 (iv) A semi-automatic rifle that has the ability to accept a detachable magazine, or that may 5
5050 be readily modified to accept a detachable magazine, and has at least one of the following features: 6
5151 (A) A folding, telescoping, or detachable stock; 7
5252 (B) A bayonet mount; 8
5353 (C) A grenade launcher; 9
5454 (D) A shroud attached to the barrel or that partially or completely encircles the barrel, 10
5555 allowing the bearer to hold the firearm with the non-trigger hand without being burned, except an 11
5656 extension of the stock along the bottom of the barrel, which does not encircle or substantially 12
5757 encircle the barrel. 13
5858 (E) A pistol grip or thumbhole stock; or 14
5959 (F) A flash suppressor or threaded barrel designed to accommodate a flash suppressor; 15
6060 (v) A semi-automatic pistol that has a fixed magazine capacity exceeding ten (10) rounds. 16
6161 (vi) A semi-automatic pistol that has an ability to accept a detachable magazine, or that 17
6262 may be readily modified to accept a detachable magazine, and has at least one of the following: 18
6363 (A) The capacity to accept an ammunition magazine at a location outside of the pistol grip; 19
6464 (B) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward 20
6565 handgrip, or silencer; 21
6666 (C) A shroud that is attached to, or partially or completely encircles, the barrel and that 22
6767 permits the shooter to hold the firearm with the non-trigger hand without being burned but 23
6868 excluding a slide that encloses the barrel; 24
6969 (D) A manufactured weight of fifty ounces (50 oz.) or more when the pistol is unloaded; 25
7070 or 26
7171 (E) A buffer tube, arm brace, or other part that protrudes horizontally behind the pistol grip 27
7272 and is designed or redesigned to allow or facilitate firing the weapon from the shoulder. 28
7373 (vii) A semi-automatic firearm that has the capacity to accept belt ammunition feeding 29
7474 device. 30
7575 (viii) Any firearm that has been modified to be operable as an assault weapon as defined 31
7676 in this section. 32
7777 (ix) A combination of parts in the possession or under the control of the same person from 33
7878 which an assault weapon as defined in this section may be readily assembled. 34
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8282 (x) "Assault weapon" shall not include a semi-automatic rifle which has an attached tubular 1
8383 device and which is capable of operating only with .22 caliber rimfire ammunition. 2
8484 (3) "Detachable magazine" means an ammunition feeding device that attaches to a firearm 3
8585 and which can be removed without disassembly of the firearm, including an ammunition feeding 4
8686 device that may be readily removed from a firearm with the use of a bullet, cartridge, accessory, or 5
8787 other tool, or any other object that functions as a tool. 6
8888 (4) "Federally licensed firearm dealer" means a person who holds a valid federal firearm 7
8989 dealers license issued pursuant to 18 U.S.C. § 923(a). 8
9090 (6) "Fixed magazine" means an ammunition feeding device that is permanently fixed to the 9
9191 firearm in such a manner that it cannot be removed without disassembly of the firearm, or contained 10
9292 in and not removable from a firearm, or that is otherwise not a detachable magazine, but does not 11
9393 include an attached tubular device designed to accept, and capable of operating only with, .22 12
9494 caliber rimfire ammunition. 13
9595 (7) "Folding, telescoping, or detachable stock" means a stock that folds, telescopes, 14
9696 detaches or otherwise operates to reduce the length, size, or any other dimension, or otherwise 15
9797 enhances the concealability, of a firearm. 16
9898 (8) "Forward grip" means a grip or handle located forward of the trigger. 17
9999 (9) "Grandfathered assault weapon" means any assault weapon for which a certificate of 18
100100 possession has been issued pursuant to § 11-47.2-4. 19
101101 (10) "Grenade launcher" means a device designed to fire, launch or propel a grenade. 20
102102 (11) "Pistol grip" means a well-defined handle, similar to that found on a handgun, that 21
103103 protrudes conspicuously beneath the action of the weapon, and which permits the firearm to be held 22
104104 and fired with one hand. 23
105105 (12) "Secure storage" means a firearm that is stored in a locked container or equipped with 24
106106 a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such 25
107107 weapon inoperable by any person other than the owner or other lawfully authorized user pursuant 26
108108 to § 11-47- 60.1. 27
109109 (13) "Semi-automatic" means a firearm which fires a single projectile for each single pull 28
110110 of the trigger and is self-reloading or automatically chambers a round, cartridge, or bullet. 29
111111 (14) "Threaded barrel" means threads on the muzzle end of a barrel and shall include, but 30
112112 not be limited to, any barrel on which a flash suppressor, muzzle brake or silencer has been attached. 31
113113 11-47.2-3. Restrictions on manufacture, sale, purchase and possession of assault 32
114114 weapons. 33
115115 (a) No person shall manufacture, sell, offer to sell, transfer, purchase, possess, or have 34
116116
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119119 under his or her control an assault weapon, except as otherwise authorized under this section. Any 1
120120 person convicted of violating this subsection shall be punished by imprisonment of not more than 2
121121 ten (10) years, or by a fine up to ten thousand dollars ($10,000), and the assault weapon shall be 3
122122 subject to forfeiture. 4
123123 (b) Subsection (a) of this section shall not apply to: 5
124124 (1) A person who, on the effective date of this chapter, lawfully possessed an assault 6
125125 weapon and who, within one year of the effective date of this chapter: 7
126126 (i) Registers the assault weapon with the police department in the city or town where the 8
127127 person resides or, if there is no such police department or the person resides out of state, with the 9
128128 Rhode Island state police in accordance with the provisions of this chapter; or 10
129129 (ii) Renders the assault weapon permanently inoperable, as provided in subsection (f) of 11
130130 this section; or 12
131131 (iii) Surrenders the assault weapon to the police department in the city or town where the 13
132132 person resides, or, if there is no such police department or the person resides out of state, to the 14
133133 Rhode Island state police, in accordance with the procedures for surrender of weapons set forth by 15
134134 the police department or the Rhode Island state police; 16
135135 (iv) Surrenders the assault weapon to any police station or other location designated as a 17
136136 site of a bona fide “gun buy-back” program, but only if said weapon is unloaded and any 18
137137 ammunition for said weapon is not readily or directly accessible from the passenger compartment 19
138138 of such vehicle while transporting same; and further, provided, that in the case of a vehicle without 20
139139 a compartment separate from the passenger compartment, the weapon or the ammunition shall be 21
140140 stored in a locked container; or 22
141141 (v) Transfers or sells the assault weapon to a federally licensed firearm dealer or person or 23
142142 firm lawfully entitled to own or possess such weapon. 24
143143 (2) A federally licensed firearms dealer who manufactures, purchases, possesses or has 25
144144 under his or her control an assault weapon, or who sells, offers to sell, or transfers an assault weapon 26
145145 to another federally licensed firearms dealer, to an entity identified in subsection (b)(3) of this 27
146146 section, or to an individual outside the state who may lawfully possess such weapon. 28
147147 (3) A law enforcement agency, acting under authority of the United States, the state or any 29
148148 of its political subdivisions, to import, possess, or transfer an assault weapon. 30
149149 (4) A law enforcement officer to possess or have under his or her control an assault weapon 31
150150 received through the authority of the United States or any department or agency thereof; a state or 32
151151 a department, agency, or political subdivision thereof; a municipality or a department or agency 33
152152 thereof or a federally recognized Indian tribe or a department or agency thereof for purposes of 34
153153
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156156 employment provided said officer is not otherwise prohibited from receiving such a weapon and 1
157157 who is either: 2
158158 (i) Exempt under §§ 11-47-9 and 11-47-9.1; or 3
159159 (ii) A qualified law enforcement officer under 18 U.S.C. § 926B(c) and who is carrying the 4
160160 identification required by 18 U.S.C. § 926B(d); 5
161161 (d) Notwithstanding subsection (a) of this section, an active duty member of the armed 6
162162 forces of the United States or the national guard, or a member of the United States military reserves, 7
163163 may possess or have under his or her control an assault weapon when he or she is acting in the 8
164164 commission of the member’s official duty. 9
165165 (e) If the holder of a certificate to possess an assault weapon dies, or if the owner of an 10
166166 assault weapon which has been registered pursuant to this chapter dies, then the heir(s) or estate of 11
167167 the deceased person shall have one hundred eighty (180) days from the date of death to transfer the 12
168168 firearm to a federally licensed firearm dealer or person or firm lawfully entitled to own or possess 13
169169 such firearm; voluntarily surrender the firearm to the police department in the city or town where 14
170170 the deceased resided, or to the Rhode Island state police; remove the assault weapon from the state; 15
171171 within ninety (90) days of obtaining title, register the assault weapon in accordance with the 16
172172 provisions of § 11-47.2-4; or, render such weapon permanently inoperable. 17
173173 (f) If the owner of an assault weapon elects to render such weapon permanently inoperable, 18
174174 the owner shall file a certification under penalty of perjury on a form prescribed by the 19
175175 superintendent of the state police indicating the date on which the assault weapon was rendered 20
176176 permanently inoperable. This certification shall be filed with either the chief law enforcement 21
177177 officer of the municipality in which the owner resides or, if there is no such police department or 22
178178 in the case of an owner who resides outside this state but stores or possesses an assault weapon in 23
179179 this state, with the superintendent of the state police. For purposes of this section, "permanently 24
180180 inoperable" means that the assault weapon is altered in such a manner that it is incapable of 25
181181 discharging a shot by means of an explosive and incapable of being readily restored to a firing 26
182182 condition. 27
183183 11-47.2-4. Registration of assault weapons. 28
184184 (a) Notwithstanding the provisions of § 11-47-41, the owner of an assault weapon lawfully 29
185185 possessed on or before the effective date of this chapter shall have one year from the effective date 30
186186 of this chapter to register that weapon. To register an assault weapon, the owner shall: 31
187187 (1) Complete an assault weapon registration statement, in the form to be prescribed by the 32
188188 superintendent of the state police; 33
189189 (2) Submit to a fingerprint-supported criminal background check to ascertain whether the 34
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193193 person is disqualified from the lawful possession of firearms; and, 1
194194 (3) Pay a registration fee of twenty-five dollars ($25.00) per each person registering one or 2
195195 more assault weapons. 3
196196 (b) The information to be provided in the registration statement shall include: 4
197197 (1) The full name, date of birth, address, motor vehicle operator’s license number or state 5
198198 identification card number of the registrant; 6
199199 (2) The make, model, caliber, and serial number of the assault weapon being registered; 7
200200 and 8
201201 (3) Each registration statement shall be signed by the registrant, and the signature shall 9
202202 constitute a representation of the accuracy of the information contained in the registration 10
203203 statement. 11
204204 (c) For an applicant who resides in a municipality with an organized full-time police 12
205205 department, the registration shall take place at the main office of the police department. For all 13
206206 other applicants, the registration shall take place at a Rhode Island state police barracks. 14
207207 (d) Within ninety (90) days of the effective date of this chapter, the superintendent of the 15
208208 state police shall prepare the registration statement as described in subsection (a) of this section and 16
209209 a certificate of inoperability as described in § 11-47.2-3(f), and shall provide a suitable supply of 17
210210 such statements to each organized full-time municipal police department and each state police 18
211211 barracks. 19
212212 (e) One copy of the completed assault weapons registration statement shall be returned to 20
213213 the registrant and shall constitute a certificate of possession of that assault weapon. A second copy 21
214214 shall be sent to the superintendent and, if the registration takes place at a municipal police 22
215215 department, a third copy shall be retained by that municipal police department. A fourth copy of 23
216216 the registration statement shall be sent to the attorney general. 24
217217 (f) A certificate of possession shall only authorize the possession of the assault weapon 25
218218 specified in the certificate. Any person in possession of multiple assault weapons on the effective 26
219219 date of this chapter must submit a separate registration statement to obtain a certificate of 27
220220 possession for each of the assault weapons of which they wish to retain possession; provided, 28
221221 however, that only one registration fee of twenty-five dollars ($25.00) shall be collected pursuant 29
222222 to subsection (a)(3) of this section. 30
223223 (g) The name and address of a person issued a certificate of possession shall be kept 31
224224 confidential and shall not be disclosed without a lawful court order, except such records may be 32
225225 disclosed to state or federal law enforcement officers and state and federal probation and parole 33
226226 officers acting in the performance of their duties. 34
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230230 11-47.2-5. Use and possession of assault weapons with certificate of possession. 1
231231 (a) Any person who has been issued a certificate of possession for an assault weapon as 2
232232 provided for in this chapter, may possess the assault weapon only under the following conditions: 3
233233 (1) At that person's residence, or place of business or other property owned by that person, 4
234234 except the grandfathered assault weapon shall be kept in secure storage when not in the immediate 5
235235 possession and control and as required by § 11-47-60.1; 6
236236 (2) While on a target range which holds a regulatory or business license for the purpose of 7
237237 practicing shooting at that target range; 8
238238 (3) While on the premises of a licensed shooting club; 9
239239 (4) While attending any exhibition, display or educational project which is about firearms 10
240240 and which is sponsored by, conducted under the auspices of, or approved by a law enforcement 11
241241 agency or a nationally or state recognized entity that fosters proficiency in, or promotes education 12
242242 about, firearms; 13
243243 (5) While transporting the grandfathered assault weapon to any federally licensed firearm 14
244244 dealer for servicing, repair or sale; or 15
245245 (6) While transporting an assault weapon for lawful use between any of the places set forth 16
246246 in subsections (a)(1) through (a)(5) of this section or for lawful use out-of-state; provided, the 17
247247 assault weapon is placed in a secure storage. 18
248248 (b) Any person who violates the provisions of subsection (a) of this section, shall be fined 19
249249 not more than two thousand five hundred dollars ($2,500) or imprisoned not more than three (3) 20
250250 years, or both, and shall be subject to forfeiture of the assault weapon pursuant to § 11-47-22. 21
251251 11-47.2-6. Licensed firearm dealers -- Certificate of transfer. 22
252252 (a) If an owner of a grandfathered assault weapon sells or transfers the assault weapon to a 23
253253 federally licensed firearm dealer, such dealer shall, at the time of delivery of the firearm, in addition 24
254254 to any other reports required by law, execute a certificate of transfer and cause copies of the 25
255255 certificate of transfer to be mailed or delivered to the superintendent of the state police and the 26
256256 attorney general. 27
257257 (b) The certificate of transfer shall contain: 28
258258 (1) The date of sale or transfer; 29
259259 (2) The full name, date of birth, address, motor vehicle operator’s license number or state 30
260260 identification card number of the seller or transferor; 31
261261 (3) The federally licensed firearm dealer's federal firearms license number and seller or 32
262262 transferor's certificate of possession number; and 33
263263 (4) A description of the grandfathered assault weapon, including the caliber of the assault 34
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267267 weapon and its make, model and serial number. 1
268268 (c) The federally licensed firearm dealer shall retain possession of the seller or transferor’s 2
269269 certificate of possession and affix the certificate of possession to the certificate of transfer before 3
270270 mailing or delivering copies of the certificate of transfer to the superintendent of the state police 4
271271 and the attorney general. 5
272272 (d) A federally licensed firearm dealer may receive and possess a lawfully grandfathered 6
273273 assault weapon at their business premises, lawfully transport the grandfathered assault weapon 7
274274 between dealers or out of the state, or lawfully sell or transfer the firearm outside the state. 8
275275 (e) A federally licensed firearm dealer may take possession of a grandfathered assault 9
276276 weapon for the purposes of servicing or repair from any person to whom certificate of possession 10
277277 for such weapon has been issued pursuant this chapter. 11
278278 (f) A federally licensed firearm dealer may temporarily transfer possession of a 12
279279 grandfathered assault weapon received pursuant to subsection (a) of this section to another federally 13
280280 licensed firearm dealer for the purpose of servicing or repairing the firearm. 14
281281 11-47.2-7. Severability. 15
282282 If any provisions of the chapter or the application thereof to any person or circumstances 16
283283 is held invalid, such invalidity shall not affect any other provisions or applications of this chapter, 17
284284 which can be given effect without the invalid provision or application, and to this end the provisions 18
285285 of this chapter are declared to be severable. 19
286286 SECTION 2. This act shall take effect on January 1, 2026. 20
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293293 EXPLANATION
294294 BY THE LEGISLATIVE COUNCIL
295295 OF
296296 A N A C T
297297 RELATING TO CRIMINAL OFFENSES -- RHODE ISLAND ASSAULT WEAPON S BAN
298298 ACT OF 2025
299299 ***
300300 This act would establish the Rhode Island Assault Weapons Ban Act of 2025. The act 1
301301 would define various assault weapons and would restrict the manufacture, sale, purchase, and 2
302302 possession of these assault weapons. The act would allow the owner of an assault weapon lawfully 3
303303 possessed on or before the effective date of this act to have one year from the effective date of this 4
304304 act to register that weapon and obtain a certificate of possession. 5
305305 This act would take effect on January 1, 2026. 6
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