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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5934 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002088 |
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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 Casey, Lima, Phillips, Solomon, Noret, Costantino, |
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| 17 | 17 | | Chippendale, Place, Corvese, and Roberts |
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| 18 | 18 | | Date Introduced: February 28, 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. Sections 11-47-2, 11-47-8 and 11-47-42 of the General Laws in Chapter 11-1 |
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| 24 | 24 | | 47 entitled "Weapons" are hereby amended to read as follows: 2 |
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| 25 | 25 | | 11-47-2. Definitions. 3 |
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| 26 | 26 | | When used in this chapter, the following words and phrases are construed as follows: 4 |
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| 27 | 27 | | (1) “3D printing process” means 3D printing or additive manufacturing which is a process 5 |
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| 28 | 28 | | of making three (3) dimensional solid objects from a computer file and shall include any of various 6 |
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| 29 | 29 | | processes in which material is joined or solidified under computer control to create a three (3) 7 |
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| 30 | 30 | | dimensional object, with material being added together including liquid molecules or powder 8 |
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| 31 | 31 | | grains. 9 |
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| 32 | 32 | | (2) “Antique firearm” is defined as that term is defined under the provisions of 18 U.S.C. 10 |
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| 33 | 33 | | § 921. 11 |
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| 34 | 34 | | (3) “Binary trigger” means a device that replaces a standard trigger on a semi-automatic 12 |
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| 35 | 35 | | weapon and is designed to fire one round on the pull of the trigger and another round upon release 13 |
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| 36 | 36 | | of the trigger. 14 |
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| 37 | 37 | | (4) “Bump-fire stock” means any device that replaces a semi-automatic weapon’s standard 15 |
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| 38 | 38 | | stock and is designed to slide back and forth rapidly, harnessing the weapon’s recoil to rapidly fire 16 |
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| 39 | 39 | | the weapon. 17 |
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| 40 | 40 | | (5) “Crime of violence” means and includes any of the following crimes or an attempt to 18 |
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| 41 | 41 | | commit any of them: murder, manslaughter, rape, first- or second-degree sexual assault, first- or 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC002088 - Page 2 of 7 |
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| 45 | 45 | | second-degree child molestation, kidnapping, first- and second-degree arson, mayhem, robbery, 1 |
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| 46 | 46 | | burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or 2 |
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| 47 | 47 | | delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a 3 |
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| 48 | 48 | | controlled substance classified in schedule I or schedule II of § 21-28-2.08, any violation of § 21-4 |
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| 49 | 49 | | 28-4.01.1 or § 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a 5 |
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| 50 | 50 | | dangerous weapon, assault or battery involving grave bodily injury, or assault with intent to commit 6 |
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| 51 | 51 | | any offense punishable as a felony; upon any conviction of an offense punishable as a felony 7 |
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| 52 | 52 | | offense under § 12-29-5. 8 |
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| 53 | 53 | | (6) “Firearm” includes any machine gun, pistol, rifle, air rifle, air pistol, “blank gun,” “BB 9 |
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| 54 | 54 | | gun,” or other instrument from which steel or metal projectiles are propelled, or that may readily 10 |
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| 55 | 55 | | be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except 11 |
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| 56 | 56 | | instruments propelling projectiles that are designed or normally used for a primary purpose other 12 |
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| 57 | 57 | | than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under the 13 |
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| 58 | 58 | | provisions of this section. 14 |
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| 59 | 59 | | (7) “Fugitive from justice” means any person who has fled from any state, territory, the 15 |
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| 60 | 60 | | District of Columbia, or possession of the United States to avoid prosecution for a crime of violence 16 |
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| 61 | 61 | | or to avoid giving testimony in any criminal proceeding. 17 |
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| 62 | 62 | | (8) “Ghost gun” means a firearm, including a frame or receiver, that lacks a unique serial 18 |
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| 63 | 63 | | number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, 19 |
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| 64 | 64 | | maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. It does 20 |
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| 65 | 65 | | not include a firearm that has been rendered permanently inoperable, or a firearm that is not 21 |
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| 66 | 66 | | required to have a serial number in accordance with the federal Gun Control Act of 1968. 22 |
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| 67 | 67 | | (9) “Licensing authorities” means the board of police commissioners of a city or town 23 |
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| 68 | 68 | | where the board has been instituted, the chief of police or superintendent of police of other cities 24 |
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| 69 | 69 | | and towns having a regular organized police force, and, in towns where there is no chief of police 25 |
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| 70 | 70 | | or superintendent of police, it means the town clerk who may issue licenses upon the 26 |
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| 71 | 71 | | recommendation of the town sergeant, and it also means any other person or body duly authorized 27 |
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| 72 | 72 | | by the city or town charter or by state law. 28 |
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| 73 | 73 | | (10) “Machine gun” means any weapon that shoots, is designed to shoot, or can be readily 29 |
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| 74 | 74 | | restored to shoot automatically more than one shot, without manual reloading, by a single function 30 |
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| 75 | 75 | | of the trigger. The term also includes the frame or receiver of the weapon, any combination of parts 31 |
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| 76 | 76 | | designed and intended for use in converting a weapon into a machine gun, and any combination of 32 |
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| 77 | 77 | | parts from which a machine gun can be assembled if the parts are in the possession or under the 33 |
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| 78 | 78 | | control of a person. 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC002088 - Page 3 of 7 |
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| 82 | 82 | | (11) “Major component” means, with respect to a firearm: 1 |
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| 83 | 83 | | (i) The slide or cylinder or the frame or receiver of the firearm; and 2 |
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| 84 | 84 | | (ii) In the case of a rifle or shotgun, includes the barrel of the firearm. 3 |
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| 85 | 85 | | (12) “Person” includes an individual, partnership, firm, association, or corporation. 4 |
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| 86 | 86 | | (13) “Pistol” includes any pistol or revolver, and any shotgun, rifle, or similar weapon with 5 |
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| 87 | 87 | | overall length less than twenty-six inches (26″), but does not include any pistol or revolver designed 6 |
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| 88 | 88 | | for the use of blank cartridges only. 7 |
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| 89 | 89 | | (14) “Rifle” shall have the same meaning as in 26 U.S.C. § 5845(c), and by barrel length 8 |
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| 90 | 90 | | and overall length not be subject to registration pursuant to the National Firearms Act, 26 U.S.C. 9 |
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| 91 | 91 | | ch. 53 (prior § 5801 et seq.). 10 |
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| 92 | 92 | | (15) “Sawed-off rifle” means any rifle with overall length of less than twenty-six inches 11 |
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| 93 | 93 | | (26″) or barrel length of less than sixteen inches (16″). 12 |
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| 94 | 94 | | (16) “Sawed-off shotgun” means any shotgun with overall length of less than twenty-six 13 |
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| 95 | 95 | | inches (26″) or barrel length of less than eighteen inches (18″). 14 |
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| 96 | 96 | | (17) "Stun gun" is a battery-powered handheld device that transmits an electric charge from 15 |
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| 97 | 97 | | the device to a person, while touching or applying the device to a person, and is activated by a 16 |
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| 98 | 98 | | trigger or button. 17 |
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| 99 | 99 | | (17)(18) “Sell” includes let or hire, give, lend, and transfer, and “purchase” includes hire, 18 |
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| 100 | 100 | | accept, and borrow, and “purchasing” shall be construed accordingly. 19 |
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| 101 | 101 | | (18)(19) “Shotgun” shall have the same meaning as in 26 U.S.C. § 5845(d), and by barrel 20 |
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| 102 | 102 | | length and overall length not be subject to registration pursuant to the National Firearms Act, 26 21 |
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| 103 | 103 | | U.S.C. ch. 53 (prior § 5801 et seq.). 22 |
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| 104 | 104 | | (19)(20) “Trigger crank” means a trigger actuator that attaches to the trigger of a semi-23 |
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| 105 | 105 | | automatic weapon and causes the weapon to fire by turning the crank handle. 24 |
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| 106 | 106 | | (20)(21) “Undetectable firearm” means any firearm that: 25 |
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| 107 | 107 | | (i) After removal of all parts, other than a major component, is not as detectable by walk-26 |
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| 108 | 108 | | through metal detectors commonly used at airports or other public buildings; or 27 |
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| 109 | 109 | | (ii) Any major component of which, if subjected to inspection by the types of detection 28 |
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| 110 | 110 | | devices commonly used at airports or other public buildings for security screening, would not 29 |
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| 111 | 111 | | generate an image that accurately depicts the shape of the component; or 30 |
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| 112 | 112 | | (iii) Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or 31 |
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| 113 | 113 | | (iv) Upon which the frame or receiver lacks a unique serial number engraved or cased into 32 |
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| 114 | 114 | | on the frame or receiver by a licensed manufacturer, maker, or importer under federal law, or 33 |
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| 115 | 115 | | markings in accordance with 27 C.F.R. § 479.102. Provided, however, this subsection shall not 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC002088 - Page 4 of 7 |
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| 119 | 119 | | apply to any firearm rendered permanently inoperable or a firearm manufactured prior to 1968. 1 |
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| 120 | 120 | | 11-47-8. License or permit required for carrying pistol — Other weapons prohibited. 2 |
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| 121 | 121 | | License or permit required for carrying pistol or stun gun — Possession of a machine gun. 3 |
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| 122 | 122 | | (a) No person shall, without a license or permit issued as provided in §§ 11-47-11, 11-47-4 |
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| 123 | 123 | | 12, and 11-47-18, carry a pistol or revolver or stun gun in any vehicle or conveyance or on or about 5 |
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| 124 | 124 | | his or her person whether visible or concealed, except in his or her dwelling house or place of 6 |
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| 125 | 125 | | business or on land possessed by him or her or as provided in §§ 11-47-9 and 11-47-10. The 7 |
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| 126 | 126 | | provisions of these sections shall not apply to any person who is the holder of a valid license or 8 |
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| 127 | 127 | | permit issued by the licensing authority of another state, or territory of the United States, or political 9 |
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| 128 | 128 | | subdivision of the state or territory, allowing him or her to carry a pistol or revolver or stun gun in 10 |
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| 129 | 129 | | any vehicle or conveyance or on or about his or her person whether visible or concealed, provided 11 |
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| 130 | 130 | | the person is merely transporting the firearm or stun gun through the state in a vehicle or other 12 |
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| 131 | 131 | | conveyance without any intent on the part of the person to detain him or herself or remain within 13 |
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| 132 | 132 | | the state of Rhode Island. No person shall manufacture, sell, purchase, or possess a machine gun 14 |
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| 133 | 133 | | except as otherwise provided in this chapter. Every person violating the provision of this section 15 |
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| 134 | 134 | | shall, upon conviction, be punished by imprisonment for not less than one nor more than ten (10) 16 |
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| 135 | 135 | | years, or by a fine up to ten thousand dollars ($10,000), or both, and except for a first conviction 17 |
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| 136 | 136 | | under this section, shall not be afforded the provisions of suspension or deferment of sentence, nor 18 |
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| 137 | 137 | | a probation. 19 |
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| 138 | 138 | | (b) No person shall have in his or her possession or under his or her control any sawed-off 20 |
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| 139 | 139 | | shotgun or sawed-off rifle as defined in § 11-47-2. Any person convicted of violating this 21 |
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| 140 | 140 | | subsection shall be punished by imprisonment for up to ten (10) years, or by a fine of up to five 22 |
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| 141 | 141 | | thousand dollars ($5,000), or both. 23 |
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| 142 | 142 | | (c) No person shall have in his or her possession or under his or her control any firearm or 24 |
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| 143 | 143 | | stun gun while the person delivers, possesses with intent to deliver, or manufactures a controlled 25 |
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| 144 | 144 | | substance. Any person convicted of violating this subsection shall be punished by imprisonment 26 |
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| 145 | 145 | | for not less than two (2) years nor more than twenty (20) years, and the sentence shall be 27 |
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| 146 | 146 | | consecutive to any sentence the person may receive for the delivery, possession with intent to 28 |
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| 147 | 147 | | deliver, or the manufacture of the controlled substance. It shall not be a defense to a violation of 29 |
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| 148 | 148 | | this subsection that a person has a license or permit to carry or possess a firearm or stun gun. 30 |
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| 149 | 149 | | (d) It shall be unlawful for any person to possess a bump-fire device, binary trigger, trigger 31 |
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| 150 | 150 | | crank, or any other device that when attached to a semi-automatic weapon allows full-automatic 32 |
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| 151 | 151 | | fire. Individuals who possess these items shall have ninety (90) days from the enactment of this 33 |
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| 152 | 152 | | section to either sell, destroy, or otherwise remove these items from the state of Rhode Island. Every 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC002088 - Page 5 of 7 |
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| 156 | 156 | | person violating the provisions of this section shall, upon conviction, be punished by imprisonment 1 |
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| 157 | 157 | | for not less than one nor more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), 2 |
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| 158 | 158 | | or both, and, except for a first conviction under this section, shall not be afforded the provisions of 3 |
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| 159 | 159 | | suspension or deferment of sentence, nor a probation. 4 |
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| 160 | 160 | | (e) No person shall manufacture, sell, offer to sell, transfer, purchase, possess, or have 5 |
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| 161 | 161 | | under his or her control a ghost gun or an undetectable firearm or any firearm produced by a 3D 6 |
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| 162 | 162 | | printing process. Any person convicted of violating this subsection shall be punished by 7 |
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| 163 | 163 | | imprisonment of not more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), or 8 |
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| 164 | 164 | | both and except for a first conviction under this section shall not be afforded the provisions of 9 |
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| 165 | 165 | | suspension or deferment of sentence, probation, nor fine. These provisions shall not apply to 10 |
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| 166 | 166 | | federally licensed manufacturers (Federal Firearm License Type 07) pursuant to Alcohol, Tobacco, 11 |
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| 167 | 167 | | Firearms, and Explosives (ATF) regulations. 12 |
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| 168 | 168 | | 11-47-42. Weapons other than firearms prohibited. 13 |
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| 169 | 169 | | (a)(1) No person shall carry or possess or attempt to use against another any instrument or 14 |
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| 170 | 170 | | weapon of the kind commonly known as a blackjack, slingshot, billy, sandclub, sandbag, metal 15 |
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| 171 | 171 | | knuckles, slap glove, bludgeon, stun-gun, or the so called “Kung-Fu” weapons. 16 |
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| 172 | 172 | | (2) No person shall with intent to use unlawfully against another, carry or possess a 17 |
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| 173 | 173 | | crossbow, dagger, dirk, stiletto, sword-in-cane, bowie knife, or other similar weapon designed to 18 |
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| 174 | 174 | | cut and stab another. 19 |
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| 175 | 175 | | (3) No person shall wear or carry concealed upon his person, any of the above-mentioned 20 |
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| 176 | 176 | | instruments or weapons, or any razor, or knife of any description having a blade of more than three 21 |
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| 177 | 177 | | (3) inches in length measuring from the end of the handle where the blade is attached to the end of 22 |
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| 178 | 178 | | the blade, or other weapon of like kind or description. 23 |
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| 179 | 179 | | Any person violating the provisions of these subsections shall be punished by a fine of not 24 |
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| 180 | 180 | | more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both, 25 |
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| 181 | 181 | | and the weapon so found shall be confiscated. 26 |
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| 182 | 182 | | Any person violating the provisions of these subsections while he or she is incarcerated 27 |
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| 183 | 183 | | within the confines of the adult correctional institutions shall be punished by a fine of not less than 28 |
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| 184 | 184 | | one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment 29 |
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| 185 | 185 | | for not less than one year nor more than five (5) years, or both, and the weapon so found shall be 30 |
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| 186 | 186 | | confiscated. 31 |
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| 187 | 187 | | (b) No person shall sell to a person under eighteen (18) years of age, without the written 32 |
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| 188 | 188 | | authorization of the minor’s parent or legal guardian, any stink bomb, blackjack, slingshot, bill, 33 |
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| 189 | 189 | | sandclub, sandbag, metal knuckles, slap glove, bludgeon, stungun, paint ball gun, so called “kung-34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC002088 - Page 6 of 7 |
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| 193 | 193 | | fu” weapons, dagger, dirk, stiletto, sword-in-cane, bowie knife, razor, or knife of any description 1 |
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| 194 | 194 | | having a blade of more than three inches (3″) in length as described in subsection (a) of this section, 2 |
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| 195 | 195 | | or any multi-pronged star with sharpened edges designed to be used as a weapon and commonly 3 |
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| 196 | 196 | | known as a Chinese throwing star, except that an individual who is actually engaged in the 4 |
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| 197 | 197 | | instruction of martial arts and licensed under § 5-43-1 may carry and possess any multi-pronged 5 |
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| 198 | 198 | | star with sharpened edges for the sole purpose of instructional use. Any person violating the 6 |
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| 199 | 199 | | provisions of this subsection shall be punished by a fine of not less than one thousand dollars 7 |
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| 200 | 200 | | ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment for not less than one 8 |
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| 201 | 201 | | year nor more than five (5) years, or both, and the weapons so found shall be confiscated. 9 |
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| 202 | 202 | | SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended 10 |
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| 203 | 203 | | by adding thereto the following section: 11 |
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| 204 | 204 | | 11-47-8.2. Purchase, possession, sale or use of stun gun. 12 |
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| 205 | 205 | | (a) Except as otherwise prohibited by law or the provisions of § 11-47-8, a person eighteen 13 |
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| 206 | 206 | | (18) years of age or over may purchase or possess a stun gun. 14 |
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| 207 | 207 | | (b) No person shall sell or attempt to sell, transfer, deliver or furnish a stun gun to a person 15 |
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| 208 | 208 | | who is less than eighteen (18) years of age. Any person convicted of violating the provisions of this 16 |
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| 209 | 209 | | subsection shall be guilty of a felony and may be punished by imprisonment for not less than one 17 |
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| 210 | 210 | | year nor more than five (5) years. 18 |
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| 211 | 211 | | (c) No person shall use or attempt to use a stun gun in the commission of a crime. Any 19 |
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| 212 | 212 | | person convicted of violating the provisions of this subsection shall be guilty of a felony and may 20 |
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| 213 | 213 | | be punished by a fine of up to ten thousand dollars ($10,000), or by imprisonment for not more 21 |
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| 214 | 214 | | than ten (10) years, or both. 22 |
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| 215 | 215 | | (d) No person shall use or attempt to use a stun gun on a police officer who is engaged in 23 |
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| 216 | 216 | | the performance of his or her duty. Any person convicted of violating the provisions of this 24 |
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| 217 | 217 | | subsection shall be guilty of a felony and may be punished by a fine of up to ten thousand dollars 25 |
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| 218 | 218 | | ($10,000), or by imprisonment for not more than ten (10) years, or both. Any sentence imposed 26 |
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| 219 | 219 | | upon a person pursuant to this subsection shall be imposed consecutively to and not concurrently 27 |
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| 220 | 220 | | with any sentence imposed for the underlying crime or attempted crime, and the person shall not 28 |
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| 221 | 221 | | be afforded the benefits of suspension or deferment of sentence. 29 |
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| 222 | 222 | | SECTION 3. This act shall take effect upon passage. 30 |
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| 223 | 223 | | ======== |
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| 224 | 224 | | LC002088 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC002088 - Page 7 of 7 |
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| 229 | 229 | | EXPLANATION |
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| 230 | 230 | | BY THE LEGISLATIVE COUNCIL |
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| 231 | 231 | | OF |
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| 232 | 232 | | A N A C T |
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| 233 | 233 | | RELATING TO CRIMINAL OFFENSES -- WEAPONS |
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| 234 | 234 | | *** |
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| 235 | 235 | | This act would provide that any person eighteen (18) years of age who is issued a license 1 |
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| 236 | 236 | | or permit may carry a stun gun. 2 |
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| 237 | 237 | | This act would take effect upon passage. 3 |
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| 238 | 238 | | ======== |
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| 239 | 239 | | LC002088 |
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| 240 | 240 | | ======== |
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