Rhode Island 2025 2025 Regular Session

Rhode Island House Bill H5934 Introduced / Bill

Filed 02/28/2025

                     
 
 
 
2025 -- H 5934 
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LC002088 
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S T A T E O F R H O D E I S L A N D 
IN GENERAL ASSEMBLY 
JANUARY SESSION, A.D. 2025 
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A N   A C T 
RELATING TO CRIMINAL OFFENSES -- WEAPONS 
Introduced By: Representatives Casey, Lima, Phillips, Solomon, Noret, Costantino, 
Chippendale, Place, Corvese, and Roberts 
Date Introduced: February 28, 2025 
Referred To: House Judiciary 
 
 
It is enacted by the General Assembly as follows: 
SECTION 1. Sections 11-47-2, 11-47-8 and 11-47-42 of the General Laws in Chapter 11-1 
47 entitled "Weapons" are hereby amended to read as follows: 2 
11-47-2. Definitions. 3 
When used in this chapter, the following words and phrases are construed as follows: 4 
(1) “3D printing process” means 3D printing or additive manufacturing which is a process 5 
of making three (3) dimensional solid objects from a computer file and shall include any of various 6 
processes in which material is joined or solidified under computer control to create a three (3) 7 
dimensional object, with material being added together including liquid molecules or powder 8 
grains. 9 
(2) “Antique firearm” is defined as that term is defined under the provisions of 18 U.S.C. 10 
§ 921. 11 
(3) “Binary trigger” means a device that replaces a standard trigger on a semi-automatic 12 
weapon and is designed to fire one round on the pull of the trigger and another round upon release 13 
of the trigger. 14 
(4) “Bump-fire stock” means any device that replaces a semi-automatic weapon’s standard 15 
stock and is designed to slide back and forth rapidly, harnessing the weapon’s recoil to rapidly fire 16 
the weapon. 17 
(5) “Crime of violence” means and includes any of the following crimes or an attempt to 18 
commit any of them: murder, manslaughter, rape, first- or second-degree sexual assault, first- or 19   
 
 
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second-degree child molestation, kidnapping, first- and second-degree arson, mayhem, robbery, 1 
burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or 2 
delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a 3 
controlled substance classified in schedule I or schedule II of § 21-28-2.08, any violation of § 21-4 
28-4.01.1 or § 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a 5 
dangerous weapon, assault or battery involving grave bodily injury, or assault with intent to commit 6 
any offense punishable as a felony; upon any conviction of an offense punishable as a felony 7 
offense under § 12-29-5. 8 
(6) “Firearm” includes any machine gun, pistol, rifle, air rifle, air pistol, “blank gun,” “BB 9 
gun,” or other instrument from which steel or metal projectiles are propelled, or that may readily 10 
be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except 11 
instruments propelling projectiles that are designed or normally used for a primary purpose other 12 
than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under the 13 
provisions of this section. 14 
(7) “Fugitive from justice” means any person who has fled from any state, territory, the 15 
District of Columbia, or possession of the United States to avoid prosecution for a crime of violence 16 
or to avoid giving testimony in any criminal proceeding. 17 
(8) “Ghost gun” means a firearm, including a frame or receiver, that lacks a unique serial 18 
number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, 19 
maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. It does 20 
not include a firearm that has been rendered permanently inoperable, or a firearm that is not 21 
required to have a serial number in accordance with the federal Gun Control Act of 1968. 22 
(9) “Licensing authorities” means the board of police commissioners of a city or town 23 
where the board has been instituted, the chief of police or superintendent of police of other cities 24 
and towns having a regular organized police force, and, in towns where there is no chief of police 25 
or superintendent of police, it means the town clerk who may issue licenses upon the 26 
recommendation of the town sergeant, and it also means any other person or body duly authorized 27 
by the city or town charter or by state law. 28 
(10) “Machine gun” means any weapon that shoots, is designed to shoot, or can be readily 29 
restored to shoot automatically more than one shot, without manual reloading, by a single function 30 
of the trigger. The term also includes the frame or receiver of the weapon, any combination of parts 31 
designed and intended for use in converting a weapon into a machine gun, and any combination of 32 
parts from which a machine gun can be assembled if the parts are in the possession or under the 33 
control of a person. 34   
 
 
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(11) “Major component” means, with respect to a firearm: 1 
(i) The slide or cylinder or the frame or receiver of the firearm; and 2 
(ii) In the case of a rifle or shotgun, includes the barrel of the firearm. 3 
(12) “Person” includes an individual, partnership, firm, association, or corporation. 4 
(13) “Pistol” includes any pistol or revolver, and any shotgun, rifle, or similar weapon with 5 
overall length less than twenty-six inches (26″), but does not include any pistol or revolver designed 6 
for the use of blank cartridges only. 7 
(14) “Rifle” shall have the same meaning as in 26 U.S.C. § 5845(c), and by barrel length 8 
and overall length not be subject to registration pursuant to the National Firearms Act, 26 U.S.C. 9 
ch. 53 (prior § 5801 et seq.). 10 
(15) “Sawed-off rifle” means any rifle with overall length of less than twenty-six inches 11 
(26″) or barrel length of less than sixteen inches (16″). 12 
(16) “Sawed-off shotgun” means any shotgun with overall length of less than twenty-six 13 
inches (26″) or barrel length of less than eighteen inches (18″). 14 
(17) "Stun gun" is a battery-powered handheld device that transmits an electric charge from 15 
the device to a person, while touching or applying the device to a person, and is activated by a 16 
trigger or button. 17 
(17)(18) “Sell” includes let or hire, give, lend, and transfer, and “purchase” includes hire, 18 
accept, and borrow, and “purchasing” shall be construed accordingly. 19 
(18)(19) “Shotgun” shall have the same meaning as in 26 U.S.C. § 5845(d), and by barrel 20 
length and overall length not be subject to registration pursuant to the National Firearms Act, 26 21 
U.S.C. ch. 53 (prior § 5801 et seq.). 22 
(19)(20) “Trigger crank” means a trigger actuator that attaches to the trigger of a semi-23 
automatic weapon and causes the weapon to fire by turning the crank handle. 24 
(20)(21) “Undetectable firearm” means any firearm that: 25 
(i) After removal of all parts, other than a major component, is not as detectable by walk-26 
through metal detectors commonly used at airports or other public buildings; or 27 
(ii) Any major component of which, if subjected to inspection by the types of detection 28 
devices commonly used at airports or other public buildings for security screening, would not 29 
generate an image that accurately depicts the shape of the component; or 30 
(iii) Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or 31 
(iv) Upon which the frame or receiver lacks a unique serial number engraved or cased into 32 
on the frame or receiver by a licensed manufacturer, maker, or importer under federal law, or 33 
markings in accordance with 27 C.F.R. § 479.102. Provided, however, this subsection shall not 34   
 
 
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apply to any firearm rendered permanently inoperable or a firearm manufactured prior to 1968. 1 
11-47-8. License or permit required for carrying pistol — Other weapons prohibited. 2 
License or permit required for carrying pistol or stun gun — Possession of a machine gun. 3 
(a) No person shall, without a license or permit issued as provided in §§ 11-47-11, 11-47-4 
12, and 11-47-18, carry a pistol or revolver or stun gun in any vehicle or conveyance or on or about 5 
his or her person whether visible or concealed, except in his or her dwelling house or place of 6 
business or on land possessed by him or her or as provided in §§ 11-47-9 and 11-47-10. The 7 
provisions of these sections shall not apply to any person who is the holder of a valid license or 8 
permit issued by the licensing authority of another state, or territory of the United States, or political 9 
subdivision of the state or territory, allowing him or her to carry a pistol or revolver or stun gun in 10 
any vehicle or conveyance or on or about his or her person whether visible or concealed, provided 11 
the person is merely transporting the firearm or stun gun through the state in a vehicle or other 12 
conveyance without any intent on the part of the person to detain him or herself or remain within 13 
the state of Rhode Island. No person shall manufacture, sell, purchase, or possess a machine gun 14 
except as otherwise provided in this chapter. Every person violating the provision of this section 15 
shall, upon conviction, be punished by imprisonment for not less than one nor more than ten (10) 16 
years, or by a fine up to ten thousand dollars ($10,000), or both, and except for a first conviction 17 
under this section, shall not be afforded the provisions of suspension or deferment of sentence, nor 18 
a probation. 19 
(b) No person shall have in his or her possession or under his or her control any sawed-off 20 
shotgun or sawed-off rifle as defined in § 11-47-2. Any person convicted of violating this 21 
subsection shall be punished by imprisonment for up to ten (10) years, or by a fine of up to five 22 
thousand dollars ($5,000), or both. 23 
(c) No person shall have in his or her possession or under his or her control any firearm or 24 
stun gun while the person delivers, possesses with intent to deliver, or manufactures a controlled 25 
substance. Any person convicted of violating this subsection shall be punished by imprisonment 26 
for not less than two (2) years nor more than twenty (20) years, and the sentence shall be 27 
consecutive to any sentence the person may receive for the delivery, possession with intent to 28 
deliver, or the manufacture of the controlled substance. It shall not be a defense to a violation of 29 
this subsection that a person has a license or permit to carry or possess a firearm or stun gun. 30 
(d) It shall be unlawful for any person to possess a bump-fire device, binary trigger, trigger 31 
crank, or any other device that when attached to a semi-automatic weapon allows full-automatic 32 
fire. Individuals who possess these items shall have ninety (90) days from the enactment of this 33 
section to either sell, destroy, or otherwise remove these items from the state of Rhode Island. Every 34   
 
 
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person violating the provisions of this section shall, upon conviction, be punished by imprisonment 1 
for not less than one nor more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), 2 
or both, and, except for a first conviction under this section, shall not be afforded the provisions of 3 
suspension or deferment of sentence, nor a probation. 4 
(e) No person shall manufacture, sell, offer to sell, transfer, purchase, possess, or have 5 
under his or her control a ghost gun or an undetectable firearm or any firearm produced by a 3D 6 
printing process. Any person convicted of violating this subsection shall be punished by 7 
imprisonment of not more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), or 8 
both and except for a first conviction under this section shall not be afforded the provisions of 9 
suspension or deferment of sentence, probation, nor fine. These provisions shall not apply to 10 
federally licensed manufacturers (Federal Firearm License Type 07) pursuant to Alcohol, Tobacco, 11 
Firearms, and Explosives (ATF) regulations. 12 
11-47-42. Weapons other than firearms prohibited. 13 
(a)(1) No person shall carry or possess or attempt to use against another any instrument or 14 
weapon of the kind commonly known as a blackjack, slingshot, billy, sandclub, sandbag, metal 15 
knuckles, slap glove, bludgeon, stun-gun, or the so called “Kung-Fu” weapons. 16 
(2) No person shall with intent to use unlawfully against another, carry or possess a 17 
crossbow, dagger, dirk, stiletto, sword-in-cane, bowie knife, or other similar weapon designed to 18 
cut and stab another. 19 
(3) No person shall wear or carry concealed upon his person, any of the above-mentioned 20 
instruments or weapons, or any razor, or knife of any description having a blade of more than three 21 
(3) inches in length measuring from the end of the handle where the blade is attached to the end of 22 
the blade, or other weapon of like kind or description. 23 
Any person violating the provisions of these subsections shall be punished by a fine of not 24 
more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both, 25 
and the weapon so found shall be confiscated. 26 
Any person violating the provisions of these subsections while he or she is incarcerated 27 
within the confines of the adult correctional institutions shall be punished by a fine of not less than 28 
one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment 29 
for not less than one year nor more than five (5) years, or both, and the weapon so found shall be 30 
confiscated. 31 
(b) No person shall sell to a person under eighteen (18) years of age, without the written 32 
authorization of the minor’s parent or legal guardian, any stink bomb, blackjack, slingshot, bill, 33 
sandclub, sandbag, metal knuckles, slap glove, bludgeon, stungun, paint ball gun, so called “kung-34   
 
 
LC002088 - Page 6 of 7 
fu” weapons, dagger, dirk, stiletto, sword-in-cane, bowie knife, razor, or knife of any description 1 
having a blade of more than three inches (3″) in length as described in subsection (a) of this section, 2 
or any multi-pronged star with sharpened edges designed to be used as a weapon and commonly 3 
known as a Chinese throwing star, except that an individual who is actually engaged in the 4 
instruction of martial arts and licensed under § 5-43-1 may carry and possess any multi-pronged 5 
star with sharpened edges for the sole purpose of instructional use. Any person violating the 6 
provisions of this subsection shall be punished by a fine of not less than one thousand dollars 7 
($1,000) nor more than three thousand dollars ($3,000), or by imprisonment for not less than one 8 
year nor more than five (5) years, or both, and the weapons so found shall be confiscated. 9 
SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended 10 
by adding thereto the following section: 11 
11-47-8.2. Purchase, possession, sale or use of stun gun.     12 
(a) Except as otherwise prohibited by law or the provisions of § 11-47-8, a person eighteen 13 
(18) years of age or over may purchase or possess a stun gun. 14 
(b) No person shall sell or attempt to sell, transfer, deliver or furnish a stun gun to a person 15 
who is less than eighteen (18) years of age. Any person convicted of violating the provisions of this 16 
subsection shall be guilty of a felony and may be punished by imprisonment for not less than one 17 
year nor more than five (5) years. 18 
(c) No person shall use or attempt to use a stun gun in the commission of a crime. Any 19 
person convicted of violating the provisions of this subsection shall be guilty of a felony and may 20 
be punished by a fine of up to ten thousand dollars ($10,000), or by imprisonment for not more 21 
than ten (10) years, or both. 22 
(d) No person shall use or attempt to use a stun gun on a police officer who is engaged in 23 
the performance of his or her duty. Any person convicted of violating the provisions of this 24 
subsection shall be guilty of a felony and may be punished by a fine of up to ten thousand dollars 25 
($10,000), or by imprisonment for not more than ten (10) years, or both. Any sentence imposed 26 
upon a person pursuant to this subsection shall be imposed consecutively to and not concurrently 27 
with any sentence imposed for the underlying crime or attempted crime, and the person shall not 28 
be afforded the benefits of suspension or deferment of sentence. 29 
SECTION 3. This act shall take effect upon passage. 30 
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LC002088 
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EXPLANATION 
BY THE LEGISLATIVE COUNCIL 
OF 
A N   A C T 
RELATING TO CRIMINAL OFFENSES -- WEAPONS 
***
This act would provide that any person eighteen (18) years of age who is issued a license 1 
or permit may carry a stun gun. 2 
This act would take effect upon passage. 3 
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LC002088 
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