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5 | 5 | | 2025 -- H 5436 |
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6 | 6 | | ======== |
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7 | 7 | | LC001181 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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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 -- RHODE ISLAND ASSAULT WEAPO NS BAN |
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16 | 16 | | ACT OF 2025 |
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17 | 17 | | Introduced By: Representatives Knight, Caldwell, Boylan, Speakman, McEntee, Ajello, |
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18 | 18 | | Kazarian, Craven, Dawson, and Felix |
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19 | 19 | | Date Introduced: February 12, 2025 |
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20 | 20 | | Referred To: House Judiciary |
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21 | 21 | | (Governor/Secretary of State/General Treasurer/Attorney General) |
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22 | 22 | | |
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23 | 23 | | It is enacted by the General Assembly as follows: |
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24 | 24 | | SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby 1 |
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25 | 25 | | amended by adding thereto the following chapter: 2 |
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26 | 26 | | CHAPTER 47.2 3 |
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27 | 27 | | RHODE ISLAND ASSAULT WEA PONS BAN ACT OF 2025 4 |
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28 | 28 | | 11-47.2-1. Short title. 5 |
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29 | 29 | | This chapter shall be known and may be cited as the "Rhode Island Assault Weapons Ban 6 |
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30 | 30 | | Act of 2025." 7 |
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31 | 31 | | 11-47.2-2. Definitions. 8 |
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32 | 32 | | When used in this chapter: 9 |
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33 | 33 | | (1) "Ammunition feeding device" means a magazine, box, drum, tube, belt, feed strip, or 10 |
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34 | 34 | | device which is capable of holding ammunition to be fed continuously and directly therefrom into 11 |
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35 | 35 | | a semi-automatic firearm. The term shall not include an attached tubular device which is capable 12 |
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36 | 36 | | of holding only .22 caliber rimfire ammunition. 13 |
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37 | 37 | | (2) "Assault weapon" means: 14 |
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38 | 38 | | (i) A semi-automatic shotgun that has at least one of the following: 15 |
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39 | 39 | | (A) A fixed magazine capacity exceeding six (6) rounds; 16 |
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40 | 40 | | (B) The ability to accept a detachable magazine, or that may be readily modified to accept 17 |
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41 | 41 | | a detachable magazine and has either a folding, telescoping, or detachable stock, or a pistol grip, 18 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC001181 - Page 2 of 9 |
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45 | 45 | | or a thumbhole stock, or any feature capable of functioning as a protruding grip that can be held by 1 |
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46 | 46 | | the non-trigger hand. 2 |
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47 | 47 | | (ii) Any shotgun with a revolving cylinder. 3 |
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48 | 48 | | (iii) A semi-automatic rifle with a fixed magazine capacity exceeding ten (10) rounds. 4 |
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49 | 49 | | (iv) A semi-automatic rifle that has the ability to accept a detachable magazine, or that may 5 |
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50 | 50 | | be readily modified to accept a detachable magazine, and has at least one of the following features: 6 |
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51 | 51 | | (A) A folding, telescoping, or detachable stock; 7 |
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52 | 52 | | (B) A bayonet mount; 8 |
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53 | 53 | | (C) A grenade launcher; 9 |
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54 | 54 | | (D) A shroud attached to the barrel or that partially or completely encircles the barrel, 10 |
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55 | 55 | | allowing the bearer to hold the firearm with the non-trigger hand without being burned, except an 11 |
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56 | 56 | | extension of the stock along the bottom of the barrel, which does not encircle or substantially 12 |
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57 | 57 | | encircle the barrel. 13 |
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58 | 58 | | (E) A pistol grip or thumbhole stock; or 14 |
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59 | 59 | | (F) A flash suppressor or threaded barrel designed to accommodate a flash suppressor; 15 |
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60 | 60 | | (v) A semi-automatic pistol that has a fixed magazine capacity exceeding ten (10) rounds. 16 |
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61 | 61 | | (vi) A semi-automatic pistol that has an ability to accept a detachable magazine, or that 17 |
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62 | 62 | | may be readily modified to accept a detachable magazine, and has at least one of the following: 18 |
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63 | 63 | | (A) The capacity to accept an ammunition magazine at a location outside of the pistol grip; 19 |
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64 | 64 | | (B) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward 20 |
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65 | 65 | | handgrip, or silencer; 21 |
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66 | 66 | | (C) A shroud that is attached to, or partially or completely encircles, the barrel and that 22 |
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67 | 67 | | permits the shooter to hold the firearm with the non-trigger hand without being burned but 23 |
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68 | 68 | | excluding a slide that encloses the barrel; 24 |
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69 | 69 | | (D) A manufactured weight of fifty ounces (50 oz.) or more when the pistol is unloaded; 25 |
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70 | 70 | | or 26 |
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71 | 71 | | (E) A buffer tube, arm brace, or other part that protrudes horizontally behind the pistol grip 27 |
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72 | 72 | | and is designed or redesigned to allow or facilitate firing the weapon from the shoulder. 28 |
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73 | 73 | | (vii) A semi-automatic firearm that has the capacity to accept belt ammunition feeding 29 |
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74 | 74 | | device. 30 |
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75 | 75 | | (viii) Any firearm that has been modified to be operable as an assault weapon as defined 31 |
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76 | 76 | | in this section. 32 |
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77 | 77 | | (ix) A combination of parts in the possession or under the control of the same person from 33 |
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78 | 78 | | which an assault weapon as defined in this section may be readily assembled. 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC001181 - Page 3 of 9 |
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82 | 82 | | (x) "Assault weapon" shall not include a semi-automatic rifle which has an attached tubular 1 |
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83 | 83 | | device and which is capable of operating only with .22 caliber rimfire ammunition. 2 |
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84 | 84 | | (3) "Detachable magazine" means an ammunition feeding device that attaches to a firearm 3 |
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85 | 85 | | and which can be removed without disassembly of the firearm, including an ammunition feeding 4 |
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86 | 86 | | device that may be readily removed from a firearm with the use of a bullet, cartridge, accessory, or 5 |
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87 | 87 | | other tool, or any other object that functions as a tool. 6 |
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88 | 88 | | (4) "Federally licensed firearm dealer" means a person who holds a valid federal firearm 7 |
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89 | 89 | | dealers license issued pursuant to 18 U.S.C. § 923(a). 8 |
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90 | 90 | | (6) "Fixed magazine" means an ammunition feeding device that is permanently fixed to the 9 |
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91 | 91 | | firearm in such a manner that it cannot be removed without disassembly of the firearm, or contained 10 |
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92 | 92 | | in and not removable from a firearm, or that is otherwise not a detachable magazine, but does not 11 |
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93 | 93 | | include an attached tubular device designed to accept, and capable of operating only with, .22 12 |
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94 | 94 | | caliber rimfire ammunition. 13 |
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95 | 95 | | (7) "Folding, telescoping, or detachable stock" means a stock that folds, telescopes, 14 |
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96 | 96 | | detaches or otherwise operates to reduce the length, size, or any other dimension, or otherwise 15 |
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97 | 97 | | enhances the concealability, of a firearm. 16 |
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98 | 98 | | (8) "Forward grip" means a grip or handle located forward of the trigger. 17 |
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99 | 99 | | (9) "Grandfathered assault weapon" means any assault weapon for which a certificate of 18 |
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100 | 100 | | possession has been issued pursuant to § 11-47.2-4. 19 |
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101 | 101 | | (10) "Grenade launcher" means a device designed to fire, launch or propel a grenade. 20 |
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102 | 102 | | (11) "Pistol grip" means a well-defined handle, similar to that found on a handgun, that 21 |
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103 | 103 | | protrudes conspicuously beneath the action of the weapon, and which permits the firearm to be held 22 |
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104 | 104 | | and fired with one hand. 23 |
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105 | 105 | | (12) "Secure storage" means a firearm that is stored in a locked container or equipped with 24 |
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106 | 106 | | a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such 25 |
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107 | 107 | | weapon inoperable by any person other than the owner or other lawfully authorized user pursuant 26 |
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108 | 108 | | to § 11-47- 60.1. 27 |
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109 | 109 | | (13) "Semi-automatic" means a firearm which fires a single projectile for each single pull 28 |
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110 | 110 | | of the trigger and is self-reloading or automatically chambers a round, cartridge, or bullet. 29 |
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111 | 111 | | (14) "Threaded barrel" means threads on the muzzle end of a barrel and shall include, but 30 |
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112 | 112 | | not be limited to, any barrel on which a flash suppressor, muzzle brake or silencer has been attached. 31 |
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113 | 113 | | 11-47.2-3. Restrictions on manufacture, sale, purchase and possession of assault 32 |
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114 | 114 | | weapons. 33 |
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115 | 115 | | (a) No person shall manufacture, sell, offer to sell, transfer, purchase, possess, or have 34 |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | LC001181 - Page 4 of 9 |
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119 | 119 | | under his or her control an assault weapon, except as otherwise authorized under this section. Any 1 |
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120 | 120 | | person convicted of violating this subsection shall be punished by imprisonment of not more than 2 |
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121 | 121 | | ten (10) years, or by a fine up to ten thousand dollars ($10,000), and the assault weapon shall be 3 |
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122 | 122 | | subject to forfeiture. 4 |
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123 | 123 | | (b) Subsection (a) of this section shall not apply to: 5 |
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124 | 124 | | (1) A person who, on the effective date of this chapter, lawfully possessed an assault 6 |
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125 | 125 | | weapon and who, within one year of the effective date of this chapter: 7 |
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126 | 126 | | (i) Registers the assault weapon with the police department in the city or town where the 8 |
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127 | 127 | | person resides or, if there is no such police department or the person resides out of state, with the 9 |
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128 | 128 | | Rhode Island state police in accordance with the provisions of this chapter; or 10 |
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129 | 129 | | (ii) Renders the assault weapon permanently inoperable, as provided in subsection (f) of 11 |
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130 | 130 | | this section; or 12 |
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131 | 131 | | (iii) Surrenders the assault weapon to the police department in the city or town where the 13 |
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132 | 132 | | person resides, or, if there is no such police department or the person resides out of state, to the 14 |
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133 | 133 | | Rhode Island state police, in accordance with the procedures for surrender of weapons set forth by 15 |
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134 | 134 | | the police department or the Rhode Island state police; 16 |
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135 | 135 | | (iv) Surrenders the assault weapon to any police station or other location designated as a 17 |
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136 | 136 | | site of a bona fide “gun buy-back” program, but only if said weapon is unloaded and any 18 |
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137 | 137 | | ammunition for said weapon is not readily or directly accessible from the passenger compartment 19 |
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138 | 138 | | of such vehicle while transporting same; and further, provided, that in the case of a vehicle without 20 |
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139 | 139 | | a compartment separate from the passenger compartment, the weapon or the ammunition shall be 21 |
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140 | 140 | | stored in a locked container; or 22 |
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141 | 141 | | (v) Transfers or sells the assault weapon to a federally licensed firearm dealer or person or 23 |
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142 | 142 | | firm lawfully entitled to own or possess such weapon. 24 |
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143 | 143 | | (2) A federally licensed firearms dealer who manufactures, purchases, possesses or has 25 |
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144 | 144 | | under his or her control an assault weapon, or who sells, offers to sell, or transfers an assault weapon 26 |
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145 | 145 | | to another federally licensed firearms dealer, to an entity identified in subsection (b)(3) of this 27 |
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146 | 146 | | section, or to an individual outside the state who may lawfully possess such weapon. 28 |
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147 | 147 | | (3) A law enforcement agency, acting under authority of the United States, the state or any 29 |
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148 | 148 | | of its political subdivisions, to import, possess, or transfer an assault weapon. 30 |
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149 | 149 | | (4) A law enforcement officer to possess or have under his or her control an assault weapon 31 |
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150 | 150 | | received through the authority of the United States or any department or agency thereof; a state or 32 |
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151 | 151 | | a department, agency, or political subdivision thereof; a municipality or a department or agency 33 |
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152 | 152 | | thereof or a federally recognized Indian tribe or a department or agency thereof for purposes of 34 |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | LC001181 - Page 5 of 9 |
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156 | 156 | | employment provided said officer is not otherwise prohibited from receiving such a weapon and 1 |
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157 | 157 | | who is either: 2 |
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158 | 158 | | (i) Exempt under §§ 11-47-9 and 11-47-9.1; or 3 |
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159 | 159 | | (ii) A qualified law enforcement officer under 18 U.S.C. § 926B(c) and who is carrying the 4 |
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160 | 160 | | identification required by 18 U.S.C. § 926B(d); 5 |
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161 | 161 | | (d) Notwithstanding subsection (a) of this section, an active duty member of the armed 6 |
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162 | 162 | | forces of the United States or the national guard, or a member of the United States military reserves, 7 |
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163 | 163 | | may possess or have under his or her control an assault weapon when he or she is acting in the 8 |
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164 | 164 | | commission of the member’s official duty. 9 |
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165 | 165 | | (e) If the holder of a certificate to possess an assault weapon dies, or if the owner of an 10 |
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166 | 166 | | assault weapon which has been registered pursuant to this chapter dies, then the heir(s) or estate of 11 |
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167 | 167 | | the deceased person shall have one hundred eighty (180) days from the date of death to transfer the 12 |
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168 | 168 | | firearm to a federally licensed firearm dealer or person or firm lawfully entitled to own or possess 13 |
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169 | 169 | | such firearm; voluntarily surrender the firearm to the police department in the city or town where 14 |
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170 | 170 | | the deceased resided, or to the Rhode Island state police; remove the assault weapon from the state; 15 |
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171 | 171 | | within ninety (90) days of obtaining title, register the assault weapon in accordance with the 16 |
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172 | 172 | | provisions of § 11-47.2-4; or, render such weapon permanently inoperable. 17 |
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173 | 173 | | (f) If the owner of an assault weapon elects to render such weapon permanently inoperable, 18 |
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174 | 174 | | the owner shall file a certification under penalty of perjury on a form prescribed by the 19 |
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175 | 175 | | superintendent of the state police indicating the date on which the assault weapon was rendered 20 |
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176 | 176 | | permanently inoperable. This certification shall be filed with either the chief law enforcement 21 |
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177 | 177 | | officer of the municipality in which the owner resides or, if there is no such police department or 22 |
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178 | 178 | | in the case of an owner who resides outside this state but stores or possesses an assault weapon in 23 |
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179 | 179 | | this state, with the superintendent of the state police. For purposes of this section, "permanently 24 |
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180 | 180 | | inoperable" means that the assault weapon is altered in such a manner that it is incapable of 25 |
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181 | 181 | | discharging a shot by means of an explosive and incapable of being readily restored to a firing 26 |
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182 | 182 | | condition. 27 |
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183 | 183 | | 11-47.2-4. Registration of assault weapons. 28 |
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184 | 184 | | (a) Notwithstanding the provisions of § 11-47-41, the owner of an assault weapon lawfully 29 |
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185 | 185 | | possessed on or before the effective date of this chapter shall have one year from the effective date 30 |
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186 | 186 | | of this chapter to register that weapon. To register an assault weapon, the owner shall: 31 |
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187 | 187 | | (1) Complete an assault weapon registration statement, in the form to be prescribed by the 32 |
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188 | 188 | | superintendent of the state police; 33 |
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189 | 189 | | (2) Submit to a fingerprint-supported criminal background check to ascertain whether the 34 |
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190 | 190 | | |
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191 | 191 | | |
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192 | 192 | | LC001181 - Page 6 of 9 |
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193 | 193 | | person is disqualified from the lawful possession of firearms; and, 1 |
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194 | 194 | | (3) Pay a registration fee of twenty-five dollars ($25.00) per each person registering one or 2 |
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195 | 195 | | more assault weapons. 3 |
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196 | 196 | | (b) The information to be provided in the registration statement shall include: 4 |
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197 | 197 | | (1) The full name, date of birth, address, motor vehicle operator’s license number or state 5 |
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198 | 198 | | identification card number of the registrant; 6 |
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199 | 199 | | (2) The make, model, caliber, and serial number of the assault weapon being registered; 7 |
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200 | 200 | | and 8 |
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201 | 201 | | (3) Each registration statement shall be signed by the registrant, and the signature shall 9 |
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202 | 202 | | constitute a representation of the accuracy of the information contained in the registration 10 |
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203 | 203 | | statement. 11 |
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204 | 204 | | (c) For an applicant who resides in a municipality with an organized full-time police 12 |
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205 | 205 | | department, the registration shall take place at the main office of the police department. For all 13 |
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206 | 206 | | other applicants, the registration shall take place at a Rhode Island state police barracks. 14 |
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207 | 207 | | (d) Within ninety (90) days of the effective date of this chapter, the superintendent of the 15 |
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208 | 208 | | state police shall prepare the registration statement as described in subsection (a) of this section and 16 |
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209 | 209 | | a certificate of inoperability as described in § 11-47.2-3(f), and shall provide a suitable supply of 17 |
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210 | 210 | | such statements to each organized full-time municipal police department and each state police 18 |
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211 | 211 | | barracks. 19 |
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212 | 212 | | (e) One copy of the completed assault weapons registration statement shall be returned to 20 |
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213 | 213 | | the registrant and shall constitute a certificate of possession of that assault weapon. A second copy 21 |
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214 | 214 | | shall be sent to the superintendent and, if the registration takes place at a municipal police 22 |
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215 | 215 | | department, a third copy shall be retained by that municipal police department. A fourth copy of 23 |
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216 | 216 | | the registration statement shall be sent to the attorney general. 24 |
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217 | 217 | | (f) A certificate of possession shall only authorize the possession of the assault weapon 25 |
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218 | 218 | | specified in the certificate. Any person in possession of multiple assault weapons on the effective 26 |
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219 | 219 | | date of this chapter must submit a separate registration statement to obtain a certificate of 27 |
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220 | 220 | | possession for each of the assault weapons of which they wish to retain possession; provided, 28 |
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221 | 221 | | however, that only one registration fee of twenty-five dollars ($25.00) shall be collected pursuant 29 |
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222 | 222 | | to subsection (a)(3) of this section. 30 |
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223 | 223 | | (g) The name and address of a person issued a certificate of possession shall be kept 31 |
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224 | 224 | | confidential and shall not be disclosed without a lawful court order, except such records may be 32 |
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225 | 225 | | disclosed to state or federal law enforcement officers and state and federal probation and parole 33 |
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226 | 226 | | officers acting in the performance of their duties. 34 |
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227 | 227 | | |
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228 | 228 | | |
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229 | 229 | | LC001181 - Page 7 of 9 |
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230 | 230 | | 11-47.2-5. Use and possession of assault weapons with certificate of possession. 1 |
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231 | 231 | | (a) Any person who has been issued a certificate of possession for an assault weapon as 2 |
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232 | 232 | | provided for in this chapter, may possess the assault weapon only under the following conditions: 3 |
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233 | 233 | | (1) At that person's residence, or place of business or other property owned by that person, 4 |
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234 | 234 | | except the grandfathered assault weapon shall be kept in secure storage when not in the immediate 5 |
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235 | 235 | | possession and control and as required by § 11-47-60.1; 6 |
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236 | 236 | | (2) While on a target range which holds a regulatory or business license for the purpose of 7 |
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237 | 237 | | practicing shooting at that target range; 8 |
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238 | 238 | | (3) While on the premises of a licensed shooting club; 9 |
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239 | 239 | | (4) While attending any exhibition, display or educational project which is about firearms 10 |
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240 | 240 | | and which is sponsored by, conducted under the auspices of, or approved by a law enforcement 11 |
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241 | 241 | | agency or a nationally or state recognized entity that fosters proficiency in, or promotes education 12 |
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242 | 242 | | about, firearms; 13 |
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243 | 243 | | (5) While transporting the grandfathered assault weapon to any federally licensed firearm 14 |
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244 | 244 | | dealer for servicing, repair or sale; or 15 |
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245 | 245 | | (6) While transporting an assault weapon for lawful use between any of the places set forth 16 |
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246 | 246 | | in subsections (a)(1) through (a)(5) of this section or for lawful use out-of-state; provided, the 17 |
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247 | 247 | | assault weapon is placed in a secure storage. 18 |
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248 | 248 | | (b) Any person who violates the provisions of subsection (a) of this section, shall be fined 19 |
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249 | 249 | | not more than two thousand five hundred dollars ($2,500) or imprisoned not more than three (3) 20 |
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250 | 250 | | years, or both, and shall be subject to forfeiture of the assault weapon pursuant to § 11-47-22. 21 |
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251 | 251 | | 11-47.2-6. Licensed firearm dealers -- Certificate of transfer. 22 |
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252 | 252 | | (a) If an owner of a grandfathered assault weapon sells or transfers the assault weapon to a 23 |
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253 | 253 | | federally licensed firearm dealer, such dealer shall, at the time of delivery of the firearm, in addition 24 |
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254 | 254 | | to any other reports required by law, execute a certificate of transfer and cause copies of the 25 |
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255 | 255 | | certificate of transfer to be mailed or delivered to the superintendent of the state police and the 26 |
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256 | 256 | | attorney general. 27 |
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257 | 257 | | (b) The certificate of transfer shall contain: 28 |
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258 | 258 | | (1) The date of sale or transfer; 29 |
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259 | 259 | | (2) The full name, date of birth, address, motor vehicle operator’s license number or state 30 |
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260 | 260 | | identification card number of the seller or transferor; 31 |
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261 | 261 | | (3) The federally licensed firearm dealer's federal firearms license number and seller or 32 |
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262 | 262 | | transferor's certificate of possession number; and 33 |
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263 | 263 | | (4) A description of the grandfathered assault weapon, including the caliber of the assault 34 |
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264 | 264 | | |
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265 | 265 | | |
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266 | 266 | | LC001181 - Page 8 of 9 |
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267 | 267 | | weapon and its make, model and serial number. 1 |
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268 | 268 | | (c) The federally licensed firearm dealer shall retain possession of the seller or transferor’s 2 |
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269 | 269 | | certificate of possession and affix the certificate of possession to the certificate of transfer before 3 |
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270 | 270 | | mailing or delivering copies of the certificate of transfer to the superintendent of the state police 4 |
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271 | 271 | | and the attorney general. 5 |
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272 | 272 | | (d) A federally licensed firearm dealer may receive and possess a lawfully grandfathered 6 |
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273 | 273 | | assault weapon at their business premises, lawfully transport the grandfathered assault weapon 7 |
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274 | 274 | | between dealers or out of the state, or lawfully sell or transfer the firearm outside the state. 8 |
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275 | 275 | | (e) A federally licensed firearm dealer may take possession of a grandfathered assault 9 |
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276 | 276 | | weapon for the purposes of servicing or repair from any person to whom certificate of possession 10 |
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277 | 277 | | for such weapon has been issued pursuant this chapter. 11 |
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278 | 278 | | (f) A federally licensed firearm dealer may temporarily transfer possession of a 12 |
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279 | 279 | | grandfathered assault weapon received pursuant to subsection (a) of this section to another federally 13 |
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280 | 280 | | licensed firearm dealer for the purpose of servicing or repairing the firearm. 14 |
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281 | 281 | | 11-47.2-7. Severability. 15 |
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282 | 282 | | If any provisions of the chapter or the application thereof to any person or circumstances 16 |
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283 | 283 | | is held invalid, such invalidity shall not affect any other provisions or applications of this chapter, 17 |
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284 | 284 | | which can be given effect without the invalid provision or application, and to this end the provisions 18 |
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285 | 285 | | of this chapter are declared to be severable. 19 |
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286 | 286 | | SECTION 2. This act shall take effect on January 1, 2026. 20 |
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288 | 288 | | LC001181 |
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290 | 290 | | |
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291 | 291 | | |
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292 | 292 | | LC001181 - Page 9 of 9 |
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293 | 293 | | EXPLANATION |
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294 | 294 | | BY THE LEGISLATIVE COUNCIL |
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295 | 295 | | OF |
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296 | 296 | | A N A C T |
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297 | 297 | | RELATING TO CRIMINAL OFFENSES -- RHODE ISLAND ASSAULT WEAPON S BAN |
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298 | 298 | | ACT OF 2025 |
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299 | 299 | | *** |
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300 | 300 | | This act would establish the Rhode Island Assault Weapons Ban Act of 2025. The act 1 |
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301 | 301 | | would define various assault weapons and would restrict the manufacture, sale, purchase, and 2 |
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302 | 302 | | possession of these assault weapons. The act would allow the owner of an assault weapon lawfully 3 |
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303 | 303 | | possessed on or before the effective date of this act to have one year from the effective date of this 4 |
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304 | 304 | | act to register that weapon and obtain a certificate of possession. 5 |
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305 | 305 | | This act would take effect on January 1, 2026. 6 |
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307 | 307 | | LC001181 |
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