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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5652 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001508 |
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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 -- WEAPONS |
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| 16 | 16 | | Introduced By: Representatives Boylan, Tanzi, Knight, Dawson, Craven, Batista, Felix, |
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| 17 | 17 | | Caldwell, Ajello, and McEntee |
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| 18 | 18 | | Date Introduced: February 26, 2025 |
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| 19 | 19 | | Referred To: House Judiciary |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 11-47-5 of the General Laws in Chapter 11-47 entitled "Weapons" is 1 |
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| 24 | 24 | | hereby amended to read as follows: 2 |
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| 25 | 25 | | 11-47-5. Possession of firearms by certain persons prohibited. 3 |
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| 26 | 26 | | (a) No person shall purchase, own, carry, transport, or have in his or her possession any 4 |
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| 27 | 27 | | firearm if that person: 5 |
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| 28 | 28 | | (1) Has been convicted in this state or elsewhere of a crime of violence; 6 |
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| 29 | 29 | | (2) Is a fugitive from justice; 7 |
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| 30 | 30 | | (3) Has, in this state or elsewhere, entered a plea of nolo contendere to or been convicted 8 |
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| 31 | 31 | | of an offense punishable as a felony under § 12-29-5; or 9 |
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| 32 | 32 | | (4) Has, in this state or elsewhere, entered a plea of nolo contendere to or been convicted 10 |
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| 33 | 33 | | of any of the following offenses punishable as a misdemeanor under § 12-29-5: 11 |
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| 34 | 34 | | (i) Simple assault (§ 11-5-3); 12 |
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| 35 | 35 | | (ii) Cyberstalking and cyberharassment (§ 11-52-4.2); 13 |
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| 36 | 36 | | (iii) Violation of a protective order (as set forth in § 12-29-2(a)(10); or 14 |
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| 37 | 37 | | (iv) Disorderly conduct (§ 11-45-1). 15 |
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| 38 | 38 | | (A) A disorderly conduct conviction shall result in prohibition under this section if and 16 |
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| 39 | 39 | | only if the offense involves the use or attempted use of force or the threatened use of a dangerous 17 |
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| 40 | 40 | | weapon. 18 |
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| 41 | 41 | | (5) Has, in this state or elsewhere, entered a plea of nolo contendere to or otherwise been 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC001508 - Page 2 of 3 |
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| 45 | 45 | | sentenced in accordance with § 12-19-38. 1 |
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| 46 | 46 | | (6) The provisions of this subsection shall apply to all persons who enter a plea of nolo 2 |
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| 47 | 47 | | contendere to or have been convicted of any of the offenses specified in subsections (a)(3) through 3 |
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| 48 | 48 | | (a)(5) of this section, unless and until that person’s matter has been expunged, or upon the 4 |
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| 49 | 49 | | completion of the sentence of a one-year filing, or the end of a one-year probationary period that 5 |
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| 50 | 50 | | no longer constitutes a conviction pursuant to § 12-18-3. 6 |
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| 51 | 51 | | (b) No person shall purchase, carry, transport, or have in his or her possession any firearm 7 |
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| 52 | 52 | | if that person is subject to an order issued pursuant to chapter 15 of title 15, chapter 8.1 of title 8, 8 |
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| 53 | 53 | | or an equivalent order in this state or elsewhere, which order was issued after the person restrained 9 |
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| 54 | 54 | | has received notice of the proceedings and had an opportunity to be heard. 10 |
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| 55 | 55 | | (c) No person who is in community confinement pursuant to the provisions of § 42-56-11 |
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| 56 | 56 | | 20.2, or who is otherwise subject to electronic surveillance or monitoring devices as a condition of 12 |
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| 57 | 57 | | parole, shall purchase, carry, transport, or have in his or her possession any firearm. This subsection 13 |
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| 58 | 58 | | shall not apply to any person who has not been convicted of (or pleaded guilty or nolo contendere 14 |
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| 59 | 59 | | to) a crime of violence in a court of competent jurisdiction. 15 |
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| 60 | 60 | | (d) Every person violating the provisions of this section shall, upon conviction, be punished 16 |
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| 61 | 61 | | by imprisonment for not less than two (2) nor more than ten (10) years; and for penalties provided 17 |
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| 62 | 62 | | in this section he or she shall not be afforded the benefit of suspension or deferment of sentence 18 |
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| 63 | 63 | | nor of probation. 19 |
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| 64 | 64 | | SECTION 2. This act shall take effect upon passage. 20 |
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| 65 | 65 | | ======== |
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| 66 | 66 | | LC001508 |
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| 67 | 67 | | ======== |
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| 68 | 68 | | |
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| 69 | 69 | | |
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| 70 | 70 | | LC001508 - Page 3 of 3 |
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| 71 | 71 | | EXPLANATION |
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| 72 | 72 | | BY THE LEGISLATIVE COUNCIL |
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| 73 | 73 | | OF |
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| 74 | 74 | | A N A C T |
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| 75 | 75 | | RELATING TO CRIMINAL OFFENSES -- WEAPONS |
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| 76 | 76 | | *** |
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| 77 | 77 | | This act would preclude an individual who has pled nolo contendere or been convicted of 1 |
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| 78 | 78 | | a misdemeanor offense, and sentenced in accordance with the hate crime sentencing enhancement 2 |
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| 79 | 79 | | act for such misdemeanor, from purchasing, owning, carrying, transporting or having in his or her 3 |
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| 80 | 80 | | possession any firearm. 4 |
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| 81 | 81 | | This act would take effect upon passage. 5 |
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| 82 | 82 | | ======== |
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| 83 | 83 | | LC001508 |
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| 84 | 84 | | ======== |
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