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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5935 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001311 |
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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 -- CONCEALED CARRY R EFORM |
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| 16 | 16 | | Introduced By: Representatives Fascia, Place, Chippendale, Paplauskas, Quattrocchi, |
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| 17 | 17 | | Santucci, and Casey |
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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, 11-47-9, 11-47-11, 11-47-12 and 11-47-18 of the General 1 |
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| 24 | 24 | | Laws in Chapter 11-47 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 | | LC001311 - Page 2 of 21 |
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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 | | LC001311 - Page 3 of 21 |
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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) “Sell” includes let or hire, give, lend, and transfer, and “purchase” includes hire, 15 |
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| 97 | 97 | | accept, and borrow, and “purchasing” shall be construed accordingly. 16 |
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| 98 | 98 | | (18) “Shotgun” shall have the same meaning as in 26 U.S.C. § 5845(d), and by barrel length 17 |
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| 99 | 99 | | and overall length not be subject to registration pursuant to the National Firearms Act, 26 U.S.C. 18 |
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| 100 | 100 | | ch. 53 (prior § 5801 et seq.). 19 |
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| 101 | 101 | | (19) "Suitable person" means any person who is not prohibited by state law from possessing 20 |
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| 102 | 102 | | a pistol or revolver. A person may be considered unsuitable if the licensing authority has clear and 21 |
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| 103 | 103 | | convincing evidence that the person is a clear and present danger to themself or to another person. 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 | | LC001311 - Page 4 of 21 |
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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 | | 11-47-9. Persons exempt from restrictions. 2 |
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| 121 | 121 | | (a) The provisions of § 11-47-8 shall not apply to sheriffs; deputy sheriffs; the 3 |
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| 122 | 122 | | superintendent and members of the state police; members of the Rhode Island airport police 4 |
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| 123 | 123 | | department; members of the Rhode Island state marshals; Rhode Island state fire marshal; chief 5 |
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| 124 | 124 | | deputy state fire marshals; deputy state fire marshals assigned to the bomb squad, and those 6 |
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| 125 | 125 | | assigned to the investigation unit; Providence fire department arson investigators, provided that the 7 |
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| 126 | 126 | | investigator receiving the permit is a graduate of a police-training academy; correctional officers, 8 |
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| 127 | 127 | | chief inspector and inspectors within the office of inspections, within the department of corrections; 9 |
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| 128 | 128 | | members of the city or town police force; capitol police investigators of the department of attorney 10 |
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| 129 | 129 | | general appointed pursuant to § 42-9-8.1; the witness protection coordinator for the witness 11 |
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| 130 | 130 | | protection review board as set forth in chapter 30 of title 12 and subject to the minimum 12 |
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| 131 | 131 | | qualifications of § 42-9-8.1; automobile theft investigators of the Rhode Island state police pursuant 13 |
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| 132 | 132 | | to § 31-50-1; railroad police while traveling to and from official assignments or while on 14 |
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| 133 | 133 | | assignments; conservation officers; or other duly appointed law enforcement officers; nor to 15 |
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| 134 | 134 | | members of the Coast Guard, Army, Navy, Air Force, and Marine Corps of the United States, the 16 |
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| 135 | 135 | | National Guard, or organized reserves, when on duty; nor to members of organizations by law 17 |
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| 136 | 136 | | authorized to purchase or receive firearms from the United States or this state, provided these 18 |
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| 137 | 137 | | members are at, or going to or from, their places of assembly or target practice; nor to officers or 19 |
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| 138 | 138 | | employees of the United States authorized by law to carry a concealed firearm; nor to any civilian 20 |
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| 139 | 139 | | guard or criminal investigator carrying sidearms or a concealed firearm in the performance of his 21 |
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| 140 | 140 | | or her official duties under the authority of the commanding officer of the military establishment 22 |
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| 141 | 141 | | in the state of Rhode Island where he or she is employed by the United States; nor to any civilian 23 |
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| 142 | 142 | | guard carrying sidearms or a concealed firearm in the performance of his or her official duties under 24 |
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| 143 | 143 | | the authority of the adjutant general where he or she is employed guarding a national guard facility, 25 |
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| 144 | 144 | | provided, that the commanding officer of the military establishment shall have on file with the 26 |
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| 145 | 145 | | attorney general of this state a list of the names and addresses of all civilian guards and criminal 27 |
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| 146 | 146 | | investigators so authorized; nor to duly authorized military organizations when on duty; nor to 28 |
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| 147 | 147 | | members when at, or going to or from, their customary places of assembly; nor to any individual 29 |
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| 148 | 148 | | employed in the capacity of warden, associate warden, major, captain, lieutenant, sergeant, 30 |
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| 149 | 149 | | correctional officer or investigator at any project owned or operated by a municipal detention 31 |
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| 150 | 150 | | facility corporation, including the Donald W. Wyatt Detention Facility; nor to the regular and/or 32 |
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| 151 | 151 | | ordinary transportation of pistols or revolvers as merchandise; nor to any person while transporting 33 |
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| 152 | 152 | | a pistol, or revolvers, unloaded from the place of purchase to their residence, or place of business, 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC001311 - Page 5 of 21 |
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| 156 | 156 | | from their residence to their place of business or from their place of business to their residence, or 1 |
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| 157 | 157 | | to a federal firearms licensee for the purpose of sale, to or from a bona fide gunsmith, or firearms 2 |
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| 158 | 158 | | repair facility, to any police station or other location designated as a site of a bona fide “gun buy-3 |
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| 159 | 159 | | back” program, but only if said pistol or revolver is unloaded and any ammunition for said pistol 4 |
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| 160 | 160 | | or revolver is not readily or directly accessible from the passenger compartment of such vehicle 5 |
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| 161 | 161 | | while transporting same and further provided, that in the case of a vehicle without a compartment 6 |
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| 162 | 162 | | separate from the passenger compartment, the firearm or the ammunition shall be stored in a locked 7 |
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| 163 | 163 | | container. 8 |
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| 164 | 164 | | (b) The provisions of § 11-47-8 shall not apply to any person who carries a concealed or 9 |
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| 165 | 165 | | non-concealed weapon, or a person who may lawfully possess a firearm and who carries a 10 |
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| 166 | 166 | | concealed or non-concealed firearm, on or about their person while in the act of evacuating during 11 |
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| 167 | 167 | | a mandatory evacuation order during a state of emergency declared by the governor pursuant to § 12 |
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| 168 | 168 | | 30-15-9 or by a local authority pursuant to § 30-15-12. As used in this section, the term "in the act 13 |
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| 169 | 169 | | of evacuating" means the immediate and urgent movement of a person or persons away from the 14 |
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| 170 | 170 | | evacuation zone within forty-eight (48) hours after a mandatory evacuation is ordered. The forty-15 |
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| 171 | 171 | | eight (48) hour period may be extended pursuant to the powers granted the governor or local 16 |
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| 172 | 172 | | authorities pursuant to chapter 15 of title 30. 17 |
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| 173 | 173 | | (b)(c) Persons exempted by the provisions of this section from the provisions of § 11-47-8 18 |
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| 174 | 174 | | shall have the right to carry concealed firearms everywhere within this state; provided, that this 19 |
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| 175 | 175 | | shall not be construed as giving the right to carry concealed firearms to a person transporting 20 |
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| 176 | 176 | | firearms as merchandise or as household or business goods. 21 |
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| 177 | 177 | | (d) The attorney general shall have the authority to enter into agreements or otherwise 22 |
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| 178 | 178 | | formally approve reciprocal recognition with other states that require an agreement to be in place 23 |
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| 179 | 179 | | before that state will recognize a Rhode Island attorney general and a city or town police department 24 |
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| 180 | 180 | | concealed handgun permit as valid. 25 |
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| 181 | 181 | | (e) The State of Rhode Island shall recognize and honor a concealed handgun or concealed 26 |
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| 182 | 182 | | weapon permit or license issued by any other state or county, provided: 27 |
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| 183 | 183 | | (1) The permit or license holder is a non-resident who is twenty-one (21) years of age or 28 |
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| 184 | 184 | | older; 29 |
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| 185 | 185 | | (2) The reciprocal state or county provides the means for instantaneous verification of the 30 |
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| 186 | 186 | | validity of all such permits or licenses issued within that state or county, accessible twenty-four 31 |
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| 187 | 187 | | (24) hours a day; 32 |
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| 188 | 188 | | (3) The permit or license holder has in their possession the concealed handgun or concealed 33 |
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| 189 | 189 | | weapon permit or license along with a photo identification issued by a state or government agency 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC001311 - Page 6 of 21 |
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| 193 | 193 | | and presents for verification the permit or license and identification upon demand by a law 1 |
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| 194 | 194 | | enforcement officer; and 2 |
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| 195 | 195 | | (4) The permit or license holder is subject to the same laws and restrictions with respect to 3 |
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| 196 | 196 | | (f) The State of Rhode Island shall recognize an official government issued law 4 |
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| 197 | 197 | | enforcement identification card issued to an active-duty or retired law enforcement officer from 5 |
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| 198 | 198 | | any other state or county. These individuals shall be exempted from the provisions of § 11-47-8 6 |
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| 199 | 199 | | and shall have the right to carry a concealed firearm everywhere within the state. 7 |
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| 200 | 200 | | 11-47-11. License or permit to carry concealed pistol or revolver. 8 |
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| 201 | 201 | | (a) The licensing authorities of any city or town shall, upon application of any person 9 |
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| 202 | 202 | | twenty-one (21) years of age or over having a bona fide residence or place of business within the 10 |
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| 203 | 203 | | city or town, or of any person twenty-one (21) years of age or over having a bona fide residence 11 |
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| 204 | 204 | | within the United States and a license or permit to carry a pistol or revolver concealed upon his or 12 |
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| 205 | 205 | | her person issued by the authorities of any other state or subdivision of the United States, issue a 13 |
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| 206 | 206 | | license or permit to the person to carry concealed upon his or her person a pistol or revolver 14 |
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| 207 | 207 | | everywhere within this state for four (4) years from date of issue, if it appears that the applicant has 15 |
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| 208 | 208 | | good reason to fear an injury to his or her person or property or has any other proper lawful reason 16 |
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| 209 | 209 | | for carrying a pistol or revolver, and that he or she is a suitable person to be so licensed, subject to 17 |
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| 210 | 210 | | the provisions of §§ 11-47-12 and 11-47-15. Self-defense shall be considered a proper purpose and 18 |
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| 211 | 211 | | lawful reason. 19 |
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| 212 | 212 | | (1) The license or permit shall be in triplicate in form to be prescribed by the attorney 20 |
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| 213 | 213 | | general and shall bear the fingerprint, photograph, name, address, description, and signature of the 21 |
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| 214 | 214 | | licensee and the reason given for desiring a license or permit and in no case shall it contain the 22 |
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| 215 | 215 | | serial number of any firearm. The original shall be delivered to the licensee. 23 |
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| 216 | 216 | | (2) The licensing authority shall retain a copy of the permit for its records and send a second 24 |
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| 217 | 217 | | copy to the department of attorney general. All permits issued or renewed pursuant to this section 25 |
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| 218 | 218 | | shall be recorded in the Rhode Island criminal history data base, or its successor system. 26 |
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| 219 | 219 | | (3) Any member of the licensing authority, its agents, servants, and employees shall be 27 |
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| 220 | 220 | | immune from suit in any action, civil or criminal, based upon any official act or decision, performed 28 |
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| 221 | 221 | | or made in good faith in issuing a license or permit under this chapter. 29 |
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| 222 | 222 | | (b) Notwithstanding any other chapter or section of the general laws of the state of Rhode 30 |
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| 223 | 223 | | Island, the licensing authority of any city or town shall not provide or release to any individual, 31 |
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| 224 | 224 | | firm, association or corporation the name, address, or date of birth of any person who has held or 32 |
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| 225 | 225 | | currently holds a license or permit to carry a concealed pistol or revolver. This section shall not be 33 |
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| 226 | 226 | | construed to prohibit the release of any statistical data of a general nature relative to age, gender 34 |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LC001311 - Page 7 of 21 |
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| 230 | 230 | | and racial or ethnic background nor shall it be construed to prevent the release of information to 1 |
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| 231 | 231 | | parties involved in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal 2 |
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| 232 | 232 | | or civil action which the person is a party to that action. 3 |
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| 233 | 233 | | (c) The licensing authority shall within fourteen (14) calendar days, return any incomplete 4 |
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| 234 | 234 | | application to the applicant along with a written explanation, stating with specificity, why the 5 |
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| 235 | 235 | | application is incomplete. 6 |
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| 236 | 236 | | (d) The licensing authority shall approve or deny a complete application within ninety (90) 7 |
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| 237 | 237 | | calendar days of receiving it. 8 |
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| 238 | 238 | | (1) Within seven (7) business days after approval, the license shall be made available for 9 |
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| 239 | 239 | | the applicant to pick up in person or at the request and expense of the applicant, be delivered by 10 |
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| 240 | 240 | | mail. 11 |
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| 241 | 241 | | (2) Any denial shall be in writing and state with specificity the reason(s) and evidence upon 12 |
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| 242 | 242 | | which the licensing authority based its decision on and the rationale for the denial. 13 |
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| 243 | 243 | | (3) Failure by the licensing authority to approve or deny within the time allowed shall 14 |
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| 244 | 244 | | constitute a denial for the sole purpose of permitting an appeal by the applicant and for no other 15 |
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| 245 | 245 | | purpose, and shall create a presumption that no evidence exists indicating that the applicant is 16 |
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| 246 | 246 | | unsuitable. 17 |
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| 247 | 247 | | (e) Any permit issued pursuant to this section is eligible to be renewed if it is not expired, 18 |
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| 248 | 248 | | or has been expired for less than six (6) months. Any person whose permit has been expired for six 19 |
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| 249 | 249 | | (6) months or more shall apply for a new permit under this section. 20 |
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| 250 | 250 | | (f) Each licensing authority shall make its application available to any person by: 21 |
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| 251 | 251 | | (1) Posting it on its website, if it has one; and 22 |
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| 252 | 252 | | (2) Making it immediately available, free of charge, to any person who requests it: and 23 |
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| 253 | 253 | | (3) Upon request, providing a copy by regular mail using the United States postal service. 24 |
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| 254 | 254 | | (g) All applications shall require two (2) forms of identification, such as a driver's license, 25 |
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| 255 | 255 | | state issued non-driver identification card, concealed carry permit issued by any state or political 26 |
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| 256 | 256 | | subdivision of any state, passport, immigration documentation, military identification. Student 27 |
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| 257 | 257 | | identification, social security card or a birth certificate. At least one of these items shall be a 28 |
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| 258 | 258 | | government issued photo identification. 29 |
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| 259 | 259 | | (1) The licensing authority shall only use the applicant's social security number for the 30 |
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| 260 | 260 | | background check. 31 |
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| 261 | 261 | | (h) All applications shall include a federal bureau of investigation (FBI) fingerprint card 32 |
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| 262 | 262 | | {(FD-258) (Rev. 9-9-13 or successor version)}, or provide fingerprints by live-scan, with the 33 |
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| 263 | 263 | | application, except that this subsection shall not be a requirement for a renewal applicant. 34 |
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| 264 | 264 | | |
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| 265 | 265 | | |
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| 266 | 266 | | LC001311 - Page 8 of 21 |
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| 267 | 267 | | (i) All Applications shall include a copy of the instructor's credentials for the instructor 1 |
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| 268 | 268 | | who certified their firing score on their application. 2 |
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| 269 | 269 | | (j) All licensing authorities of a city or town shall use the following application: 3 |
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| 270 | 270 | | Application for a concealed carry license pursuant to RIGL § 11-47-11 4 |
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| 271 | 271 | | Name: __________________________________________________________________ 5 |
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| 272 | 272 | | Address: 6 |
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| 273 | 273 | | __________________________________________________________________ 7 |
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| 274 | 274 | | (Street and number) (City or town) (State) (ZIP) 8 |
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| 275 | 275 | | Date of Birth: _________________ Place of Birth_____________________ 9 |
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| 276 | 276 | | Height: __________ Weight: __________ Color hair: ___________ Color eyes: __ 10 |
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| 277 | 277 | | Are you a citizen of the United States?_____________________ 11 |
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| 278 | 278 | | If you are not a US citizen, please list your admission/INS number: ____________ 12 |
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| 279 | 279 | | ARMY L or RI COMBAT COURSE shooting score: ______________________ 13 |
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| 280 | 280 | | Name and certification number of NRA or RI instructor: _____________________ 14 |
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| 281 | 281 | | Signature of instructor: 15 |
|---|
| 282 | 282 | | __________________________________________________________ 16 |
|---|
| 283 | 283 | | Have you ever been convicted of a crime of violence (Pursuant to §11-47-2)? ____ 17 |
|---|
| 284 | 284 | | Are you a fugitive from justice (Pursuant to §11-47-2)?______________________ 18 |
|---|
| 285 | 285 | | Have you ever been adjudicated as being addicted to a controlled substance (Pursuant to 19 |
|---|
| 286 | 286 | | §11-47-6)? __________________________ 20 |
|---|
| 287 | 287 | | Have you ever been adjudicated as being mentally incompetent (Pursuant to §11-47-6)? 21 |
|---|
| 288 | 288 | | _______ 22 |
|---|
| 289 | 289 | | Have you been dishonorably discharged from the United States Military? _______ 23 |
|---|
| 290 | 290 | | To your knowledge, are you prohibited by federal or state law from possessing a firearm? 24 |
|---|
| 291 | 291 | | __________ 25 |
|---|
| 292 | 292 | | For what lawful purpose do you seek to carry a pistol or revolver? 26 |
|---|
| 293 | 293 | | ______________________________________________________________ 27 |
|---|
| 294 | 294 | | Applicant's signature: 28 |
|---|
| 295 | 295 | | ______________________________________________________________ 29 |
|---|
| 296 | 296 | | (See § 11-47-23 for penalty for false information provided on this application) 30 |
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| 297 | 297 | | AFFIDAVIT: I certify that I have read and am familiar with the provisions of the Firearms 31 |
|---|
| 298 | 298 | | Act, chapter 47 of title 11, of the general laws of the State of Rhode Island and that I am aware of 32 |
|---|
| 299 | 299 | | the penalties for violation of the provisions of the cited sections. 33 |
|---|
| 300 | 300 | | Signed before me under penalties of perjury by____________________, known to me 34 |
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| 301 | 301 | | |
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| 302 | 302 | | |
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| 303 | 303 | | LC001311 - Page 9 of 21 |
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| 304 | 304 | | personally or did present a valid photo identification card which 1 |
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| 305 | 305 | | was_________________________ 2 |
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| 306 | 306 | | County of _________________ 3 |
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| 307 | 307 | | State of Rhode 4 |
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| 308 | 308 | | Subscribed and sworn before me this ____ of ________________, 20____ 5 |
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| 309 | 309 | | Notary Public 6 |
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| 310 | 310 | | Notary Public number:________________ 7 |
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| 311 | 311 | | (k) No licensing authority shall require any additional forms, standards, information, 8 |
|---|
| 312 | 312 | | waivers or other additional requirements unless specifically requested by, or provided by, the 9 |
|---|
| 313 | 313 | | applicant. 10 |
|---|
| 314 | 314 | | (l) The licensing authority shall establish and maintain an emergency permit extension on 11 |
|---|
| 315 | 315 | | the renewal application for a license to carry a concealable weapon. 12 |
|---|
| 316 | 316 | | (1) The emergency permit extension is only available to renewal applicants who, at the 13 |
|---|
| 317 | 317 | | time of the application, have an unexpired four (4) year city or town issued license to carry a 14 |
|---|
| 318 | 318 | | concealable weapon and who shall maintain this license for work purposes. 15 |
|---|
| 319 | 319 | | (2) A complete renewal application shall be delivered to the licensing authority prior to the 16 |
|---|
| 320 | 320 | | license expiration date. 17 |
|---|
| 321 | 321 | | (3) The licensing authority shall, within three (3) business days of receipt of the renewal 18 |
|---|
| 322 | 322 | | application if there is no material change in the renewal application, no material change in need 19 |
|---|
| 323 | 323 | | and no change in applicant’s criminal history, automatically approve and make available the 20 |
|---|
| 324 | 324 | | emergency permit. 21 |
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| 325 | 325 | | (4) A fee of fifty dollars ($50) shall be paid to the licensing authority for the emergency 22 |
|---|
| 326 | 326 | | permit extension upon the issuance of the emergency permit. 23 |
|---|
| 327 | 327 | | (5) An emergency license to carry a concealable weapon will be valid for ninety (90) days 24 |
|---|
| 328 | 328 | | only. 25 |
|---|
| 329 | 329 | | (6) Nothing in the emergency permit extension section shall be construed or interpreted to 26 |
|---|
| 330 | 330 | | stay or toll the time periods in the renewal process as outlined in subsection (e) of this section. 27 |
|---|
| 331 | 331 | | 11-47-12. License or permit fee. 28 |
|---|
| 332 | 332 | | A fee of forty dollars ($40.00) shall be charged and shall be paid for each a license or 29 |
|---|
| 333 | 333 | | permit to the licensing authority issuing it or the department of attorney general upon issuance. No 30 |
|---|
| 334 | 334 | | additional fees or costs of any type shall be charged or assessed for any reason, except that the 31 |
|---|
| 335 | 335 | | applicant may be assessed the actual cost charged by the FBI to process their fingerprints. Every 32 |
|---|
| 336 | 336 | | license or permit shall be valid for four (4) years from the date when issued unless sooner revoked, 33 |
|---|
| 337 | 337 | | subject to the emergency permit provisions contained in § 11-47-11. The fee charged for issuing of 34 |
|---|
| 338 | 338 | | |
|---|
| 339 | 339 | | |
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| 340 | 340 | | LC001311 - Page 10 of 21 |
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| 341 | 341 | | the license or permit shall be applied for the use and benefit of the city, town, or state of Rhode 1 |
|---|
| 342 | 342 | | Island the department of attorney general. 2 |
|---|
| 343 | 343 | | 11-47-18. License or permit issued by attorney general on showing of need — Issuance 3 |
|---|
| 344 | 344 | | to retired police officers. 4 |
|---|
| 345 | 345 | | (a) The attorney general may shall issue a license or permit to any person twenty-one (21) 5 |
|---|
| 346 | 346 | | years of age or over to carry a pistol or revolver, whether concealed or not, upon his or her person 6 |
|---|
| 347 | 347 | | everywhere within this state for four (4) years from the date of issue upon a proper showing of 7 |
|---|
| 348 | 348 | | need, or the applicant has good reason to fear an injury to their person or property, or for 8 |
|---|
| 349 | 349 | | employment, and that they are a suitable person to be so licensed, subject to the provisions of §§ 9 |
|---|
| 350 | 350 | | 11-47-12 and 11-47-15; that license or permit may be issued notwithstanding the provisions of § 10 |
|---|
| 351 | 351 | | 11-47-7. 11 |
|---|
| 352 | 352 | | (1) No licensing authority shall issue a license to carry a concealed permit to any person in 12 |
|---|
| 353 | 353 | | violation of § 11-47-7 and any license or permit issued shall immediately be revoked. 13 |
|---|
| 354 | 354 | | (b) All state police officers and permanent members of city and town police forces of this 14 |
|---|
| 355 | 355 | | state who have retired in good standing after at least twenty (20) years of service, or retired in good 15 |
|---|
| 356 | 356 | | standing due to a physical disability other than a psychological impairment, may shall be issued a 16 |
|---|
| 357 | 357 | | license or permit by the attorney general subject to the provisions of §§ 11-47-12 and 11-47-15. 17 |
|---|
| 358 | 358 | | The term “in good standing” means that at the time of retirement, the police officer was not facing 18 |
|---|
| 359 | 359 | | disciplinary action that could have resulted in his or her termination for misconduct or unfitness for 19 |
|---|
| 360 | 360 | | office. Any member of the licensing authority, and its agents, servants, and employees shall be 20 |
|---|
| 361 | 361 | | immune from suit in any action, civil or criminal, based upon any official act or decision, performed 21 |
|---|
| 362 | 362 | | or made in good faith in issuing and/or denying a license or permit under this chapter. 22 |
|---|
| 363 | 363 | | (c) Notwithstanding any other chapter or section of the general laws of the state of Rhode 23 |
|---|
| 364 | 364 | | Island, the attorney general shall not provide or release to any individual, firm, association or 24 |
|---|
| 365 | 365 | | corporation the name, address, or date of birth of any person who has held or currently holds a 25 |
|---|
| 366 | 366 | | license or permit to carry a concealed pistol or revolver. This section shall not be construed to 26 |
|---|
| 367 | 367 | | prohibit the release of any statistical data of a general nature relative to age, gender and racial or 27 |
|---|
| 368 | 368 | | ethnic background nor shall it be construed to prevent the release of information to parties involved 28 |
|---|
| 369 | 369 | | in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal or civil action 29 |
|---|
| 370 | 370 | | which said person is a party to such action. 30 |
|---|
| 371 | 371 | | (d) Any permit issued pursuant to this section is eligible to be renewed if it is not expired, 31 |
|---|
| 372 | 372 | | or has been expired for less than six (6) months. Any person whose permit has been expired for six 32 |
|---|
| 373 | 373 | | (6) months or more shall apply for a new permit under this section. 33 |
|---|
| 374 | 374 | | (e) The attorney general’s application for a license to carry a pistol or revolver shall be 34 |
|---|
| 375 | 375 | | |
|---|
| 376 | 376 | | |
|---|
| 377 | 377 | | LC001311 - Page 11 of 21 |
|---|
| 378 | 378 | | filled out completely by the applicant, dated and signed by the applicant and notarized. 1 |
|---|
| 379 | 379 | | (f) The attorney general shall request only the following information on the application: 2 |
|---|
| 380 | 380 | | (1) Applicant’s full name, prior name if legally changed, all nicknames and aliases, full 3 |
|---|
| 381 | 381 | | residence address and mailing address if different from the applicant’s residence. No post office 4 |
|---|
| 382 | 382 | | box addresses shall be used for a mailing address. 5 |
|---|
| 383 | 383 | | (2) All applicant’s available phone numbers, including, but not limited to, business, 6 |
|---|
| 384 | 384 | | cellular, mobile and land line phone numbers. 7 |
|---|
| 385 | 385 | | (3) The applicant’s height, weight, color of eyes and hair, date and place of birth, and social 8 |
|---|
| 386 | 386 | | security number. 9 |
|---|
| 387 | 387 | | (4) If the permit is being sought as a condition of employment, the applicant’s occupation, 10 |
|---|
| 388 | 388 | | job description, years of employment and employer’s address and contact information. 11 |
|---|
| 389 | 389 | | (5) Applicant’s proof of citizenship, length of citizenship and if applicant is not a citizen 12 |
|---|
| 390 | 390 | | of the United States, a copy of both sides of a current and valid alien registration card or work 13 |
|---|
| 391 | 391 | | authorization card. 14 |
|---|
| 392 | 392 | | (6) A listing of all of the applicant’s addresses for the last three (3) years, including the full 15 |
|---|
| 393 | 393 | | address with dates of residence. 16 |
|---|
| 394 | 394 | | (7) Information relating to the applicant’s arrest record including, but not limited to, the 17 |
|---|
| 395 | 395 | | date applicant was arrested, the name of the city/town or arresting agency, the state the arrest 18 |
|---|
| 396 | 396 | | occurred in, the arresting charge and disposition. 19 |
|---|
| 397 | 397 | | (8) Information relating to the applicant’s plea of nolo contendere to any charge or violation 20 |
|---|
| 398 | 398 | | including, but not limited to, the date applicant was arrested, the name of the city/town or arresting 21 |
|---|
| 399 | 399 | | agency, the state the plea occurred in, the arresting charge and disposition. 22 |
|---|
| 400 | 400 | | (9) Information relating to the applicant’s conviction record, including, but not limited, to 23 |
|---|
| 401 | 401 | | the date applicant was arrested, the name of the city/town or arresting agency, the state the arrest 24 |
|---|
| 402 | 402 | | occurred in, the arresting charge and disposition. 25 |
|---|
| 403 | 403 | | (10) Information relating to the applicant’s indictment in any court for a crime punishable 26 |
|---|
| 404 | 404 | | for more than one year, including, but not limited to, the name of the city/town or indicting agency, 27 |
|---|
| 405 | 405 | | the state of the indictment, the indicting charge and disposition. 28 |
|---|
| 406 | 406 | | (11) Information relating to the applicant if he/she was ever under a guardianship or been 29 |
|---|
| 407 | 407 | | subject to confinement by virtue of being a mental incompetent, or who has been adjudicated or is 30 |
|---|
| 408 | 408 | | under treatment or confinement as a drug addict, including, but not limited to, the dates thereof. 31 |
|---|
| 409 | 409 | | (12) Information relating to the applicant’s current and prior applications for a permit to 32 |
|---|
| 410 | 410 | | carry a pistol or revolver from the Rhode Island attorney general, any local city or town, or any 33 |
|---|
| 411 | 411 | | other state, including, but not limited to, if any permit is active, denied or revoked, with the dates 34 |
|---|
| 412 | 412 | | |
|---|
| 413 | 413 | | |
|---|
| 414 | 414 | | LC001311 - Page 12 of 21 |
|---|
| 415 | 415 | | and reasons thereof. The attorney general shall require notarized photocopies of the front and back 1 |
|---|
| 416 | 416 | | of all valid permits. 2 |
|---|
| 417 | 417 | | (13) All non-resident applicants shall include a copy of both the front and the back of their 3 |
|---|
| 418 | 418 | | home state permit, if they have one. 4 |
|---|
| 419 | 419 | | (g) The attorney general shall require only the following with the application from an out-5 |
|---|
| 420 | 420 | | of-state applicant: 6 |
|---|
| 421 | 421 | | (1) A dated, signed and notarized typed statement from the applicant outlining the 7 |
|---|
| 422 | 422 | | applicant’s specific reasons and details regarding his or her need for a Rhode Island permit. If the 8 |
|---|
| 423 | 423 | | permit is to be used for employment, a typed and signed letter of explanation shall be submitted on 9 |
|---|
| 424 | 424 | | the applicant’s employer’s letterhead and included with the application. In addition, the applicant 10 |
|---|
| 425 | 425 | | shall submit a copy of the business license or other such evidence that the business exists. 11 |
|---|
| 426 | 426 | | (2) The applicant shall enclose two (2) 1” X 1” pictures of the applicant taken without 12 |
|---|
| 427 | 427 | | headgear or glasses. This photo shall be a clear, colored picture of the head and face. The applicant 13 |
|---|
| 428 | 428 | | shall print their name on the back of each picture. No laminated photos will be accepted. 14 |
|---|
| 429 | 429 | | (3) Copies of both the front and the back of two (2) types of positive identification for the 15 |
|---|
| 430 | 430 | | applicant, examples include, but are not limited to, birth certificate, United States Passport, a Rhode 16 |
|---|
| 431 | 431 | | Island or other state driver’s license or a Rhode Island identification card, concealed carry permit 17 |
|---|
| 432 | 432 | | issued by any state or political subdivision of any state, military identification, student identification 18 |
|---|
| 433 | 433 | | or social security card. At least one of these items shall be a government issued photo identification. 19 |
|---|
| 434 | 434 | | The photocopies submitted shall be signed and dated by a notary public attesting to the photocopies 20 |
|---|
| 435 | 435 | | as being true copies. 21 |
|---|
| 436 | 436 | | (i) The licensing authority shall only use the applicant’s social security number for the 22 |
|---|
| 437 | 437 | | background check. 23 |
|---|
| 438 | 438 | | (4) The application shall include the applicant’s full set of fingerprints submitted on a FBI 24 |
|---|
| 439 | 439 | | fingerprint identification card {FD-258 (Rev. 9-9-13 or successor version)} or provide fingerprints 25 |
|---|
| 440 | 440 | | by live-scan included with the application. The fingerprint card shall be signed by the applicant. 26 |
|---|
| 441 | 441 | | Submission of fingerprints shall not be necessary for a renewal application 27 |
|---|
| 442 | 442 | | (5) Three (3) dated, signed and notarized typed reference letters from individuals who 28 |
|---|
| 443 | 443 | | personally know the applicant. The individuals used as references shall include on the letters the 29 |
|---|
| 444 | 444 | | following information: their full names, residence address, phone number with area code and the 30 |
|---|
| 445 | 445 | | years they have known the applicant. An applicant’s reference letter dated more than one hundred 31 |
|---|
| 446 | 446 | | and twenty (120) days prior to the date of the permit application will be considered invalid. 32 |
|---|
| 447 | 447 | | Reference letters shall be written by the reference, not the applicant, and cannot be identical. 33 |
|---|
| 448 | 448 | | Submission of letters of reference shall not be necessary for a renewal application. 34 |
|---|
| 449 | 449 | | |
|---|
| 450 | 450 | | |
|---|
| 451 | 451 | | LC001311 - Page 13 of 21 |
|---|
| 452 | 452 | | (6) A certification that the applicant has qualified in accordance with § 11-47-15. (Law 1 |
|---|
| 453 | 453 | | enforcement personnel may submit a certification of the Rhode Island Combat Course). An NRA 2 |
|---|
| 454 | 454 | | instructor or a police range officer shall sign and complete the certification which shall include the 3 |
|---|
| 455 | 455 | | date of the qualification, the printed name, phone number of the instructor, instructor NRA number, 4 |
|---|
| 456 | 456 | | the caliber of the weapon and the applicant’s score. An applicant’s qualification certification dated 5 |
|---|
| 457 | 457 | | more than one year prior to the date of the permit application will be considered invalid. 6 |
|---|
| 458 | 458 | | (7) A copy of the NRA instructor certification and/or the police officer’s range certification 7 |
|---|
| 459 | 459 | | shall be submitted with the application. 8 |
|---|
| 460 | 460 | | (8) The applicant’s legal residence may be required. The residency requirement may be 9 |
|---|
| 461 | 461 | | satisfied by any one of the following methods: the application may be signed by the applicant’s 10 |
|---|
| 462 | 462 | | local licensing authority; the application may be signed by the city or town chief of police; the 11 |
|---|
| 463 | 463 | | application may be signed by the city or town clerk; or the applicant may submit a certified or 12 |
|---|
| 464 | 464 | | notarized copy the applicant’s voter registration card. 13 |
|---|
| 465 | 465 | | (9) The applicant shall sign an affidavit certifying that he or she has read and is familiar 14 |
|---|
| 466 | 466 | | with the provision of the firearms act, chapter 47 of title 11, inclusive, as amended, and 15 |
|---|
| 467 | 467 | | acknowledges the penalties for violations of the provisions of the cited sections. The applicant shall 16 |
|---|
| 468 | 468 | | further attest that any alteration of the permit is just cause for revocation. The affidavit shall be 17 |
|---|
| 469 | 469 | | dated and notarized and shall indicate the date it was submitted to the licensing authority or the 18 |
|---|
| 470 | 470 | | police department. 19 |
|---|
| 471 | 471 | | (h) The attorney general shall, within ninety (90) days for an in-state applicant or one 20 |
|---|
| 472 | 472 | | hundred and twenty (120) days for an out-of-state applicant from the receipt of a complete 21 |
|---|
| 473 | 473 | | application either approve or deny the application. 22 |
|---|
| 474 | 474 | | (1) If the application is approved, the attorney general may require the applicant to appear 23 |
|---|
| 475 | 475 | | at the department of attorney general to sign and submit a fingerprint card for the permit. 24 |
|---|
| 476 | 476 | | (2) If the attorney general denies the application, the applicant shall be notified, either by 25 |
|---|
| 477 | 477 | | mail or by phone, that the entire application is available for pick-up by the applicant. Any denial 26 |
|---|
| 478 | 478 | | shall be in writing and state with specificity the reason(s) and evidence upon which the denial was 27 |
|---|
| 479 | 479 | | based and the rationale for the denial. 28 |
|---|
| 480 | 480 | | (3) If the attorney general deems the application incomplete, then the applicant shall be 29 |
|---|
| 481 | 481 | | notified, either by mail or by phone, within five (5) business days from submitting the application, 30 |
|---|
| 482 | 482 | | that the entire application is available for pick-up by the applicant along with a written response 31 |
|---|
| 483 | 483 | | stating the reason(s) why the application was deemed incomplete. 32 |
|---|
| 484 | 484 | | (i) The provisions of §§ 11-47-35 and 11-47-35.2 shall not apply to persons licensed under 33 |
|---|
| 485 | 485 | | §11-47-18. 34 |
|---|
| 486 | 486 | | |
|---|
| 487 | 487 | | |
|---|
| 488 | 488 | | LC001311 - Page 14 of 21 |
|---|
| 489 | 489 | | (j) The attorney general’s renewal application for a license to carry a carry a pistol or 1 |
|---|
| 490 | 490 | | revolver shall require the following: 2 |
|---|
| 491 | 491 | | (1) The applicant shall submit a fully complete, signed, dated and notarized renewal 3 |
|---|
| 492 | 492 | | application to the attorney general prior to the expiration date of the permit. 4 |
|---|
| 493 | 493 | | (2) The renewal application shall include only the information included in subsection (d)(1) 5 |
|---|
| 494 | 494 | | of this section and shall only contain the requirements included in subsection (d)(2) of this section, 6 |
|---|
| 495 | 495 | | with the following exceptions: 7 |
|---|
| 496 | 496 | | (i) The three (3) dated, signed and notarized typed reference letters from individuals who 8 |
|---|
| 497 | 497 | | personally know the applicant are not required upon renewal. 9 |
|---|
| 498 | 498 | | (ii) The fingerprint card requirement is not required upon renewal. 10 |
|---|
| 499 | 499 | | (3) The attorney general shall, within sixty (60) days of receipt of the renewal application, 11 |
|---|
| 500 | 500 | | if there is no material change in the applicant’s renewal application, no material change in need and 12 |
|---|
| 501 | 501 | | no change in the applicant’s criminal history, automatically approve the renewal application. 13 |
|---|
| 502 | 502 | | (k) The attorney general shall establish and maintain an emergency permit extension on the 14 |
|---|
| 503 | 503 | | renewal application for a license to carry a pistol or revolver. 15 |
|---|
| 504 | 504 | | (1) The emergency permit extension is only available to renewal applicants who, at the 16 |
|---|
| 505 | 505 | | time of the application, have an unexpired four (4) year attorney general license to carry a pistol or 17 |
|---|
| 506 | 506 | | revolver and who must maintain this license for work purposes. 18 |
|---|
| 507 | 507 | | (2) A complete renewal application shall be delivered to the department of attorney general 19 |
|---|
| 508 | 508 | | prior to the license expiration date. 20 |
|---|
| 509 | 509 | | (3) The attorney general shall, within three (3) business days of receipt of the renewal 21 |
|---|
| 510 | 510 | | application, if there is no material change in the applicant’s renewal application, no material change 22 |
|---|
| 511 | 511 | | in need and no change in applicant’s criminal history, automatically approve and make available 23 |
|---|
| 512 | 512 | | the emergency permit. 24 |
|---|
| 513 | 513 | | (4) A fee of fifty dollars ($50.00) shall be paid to the attorney general for the emergency 25 |
|---|
| 514 | 514 | | permit extension upon the issuance of the emergency permit. 26 |
|---|
| 515 | 515 | | (5) An emergency license to carry a pistol or revolver will be valid for ninety (90) days 27 |
|---|
| 516 | 516 | | only. 28 |
|---|
| 517 | 517 | | (6) Nothing in the emergency permit extension section shall be construed or interpreted to 29 |
|---|
| 518 | 518 | | stay or toll the time periods in the renewal process as outlined in section (e) contained herein. 30 |
|---|
| 519 | 519 | | SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended 31 |
|---|
| 520 | 520 | | by adding thereto the following section: 32 |
|---|
| 521 | 521 | | 11-47-65. Review and appeal of the decision of the licensing authority or attorney 33 |
|---|
| 522 | 522 | | general. 34 |
|---|
| 523 | 523 | | |
|---|
| 524 | 524 | | |
|---|
| 525 | 525 | | LC001311 - Page 15 of 21 |
|---|
| 526 | 526 | | (a) A decision denying a firearms permit pursuant to either §11-47-11 or §11-47-18 shall 1 |
|---|
| 527 | 527 | | be final unless further review and/or appeal is initiated in writing within fifteen (15) days after the 2 |
|---|
| 528 | 528 | | decision has been mailed to the applicant at the address listed on the application. 3 |
|---|
| 529 | 529 | | (b) An aggrieved individual may submit a written request to reconsider the denial to the 4 |
|---|
| 530 | 530 | | licensing authority or the department of attorney general. Any request for reconsideration shall be 5 |
|---|
| 531 | 531 | | submitted within fifteen (15) days after the decision has been mailed to the address provided by the 6 |
|---|
| 532 | 532 | | applicant. 7 |
|---|
| 533 | 533 | | (1) The licensing authority or the department of attorney general shall schedule and conduct 8 |
|---|
| 534 | 534 | | an in-person meeting within thirty (30) days of the request to review and discuss the decision. Said 9 |
|---|
| 535 | 535 | | meeting shall only be scheduled or rescheduled beyond the initial thirty (30) day period by 10 |
|---|
| 536 | 536 | | agreement of the parties and/or for good cause, but in no event exceed sixty (60) days. 11 |
|---|
| 537 | 537 | | (2) The applicant shall submit any supplemental documentation or written evidence relative 12 |
|---|
| 538 | 538 | | to the application, which shall become part of the application. 13 |
|---|
| 539 | 539 | | (3) The meeting shall be conducted as an informal meeting, not as an administrative 14 |
|---|
| 540 | 540 | | hearing. The licensing authority or the department of attorney general shall receive and consider 15 |
|---|
| 541 | 541 | | documents and other evidence without regard to statutory and common law rules. No stenographic 16 |
|---|
| 542 | 542 | | record, transcription, video, audio or other recording shall be allowed. 17 |
|---|
| 543 | 543 | | (4) The applicant shall be represented by an attorney during the appeal process. 18 |
|---|
| 544 | 544 | | (5) The licensing authority or the department of attorney general shall, within fourteen (14) 19 |
|---|
| 545 | 545 | | days after the meeting, mail a decision to the applicant granting or denying the application. Any 20 |
|---|
| 546 | 546 | | denial shall be in writing and state with specificity the reason(s) and evidence upon which the denial 21 |
|---|
| 547 | 547 | | was based and the rationale for the denial. 22 |
|---|
| 548 | 548 | | (c) An aggrieved individual shall submit an appeal of the decision denying a firearms 23 |
|---|
| 549 | 549 | | permit pursuant to the decision of the request to reconsider to the superior court for the county in 24 |
|---|
| 550 | 550 | | which the licensing authority or attorney general is located, in the form of a miscellaneous petition, 25 |
|---|
| 551 | 551 | | within fifteen (15) days after the decision has been mailed to the applicant at the address listed on 26 |
|---|
| 552 | 552 | | the application. 27 |
|---|
| 553 | 553 | | (1) The petition for review shall state the grounds upon which review is sought but need 28 |
|---|
| 554 | 554 | | not be verified. 29 |
|---|
| 555 | 555 | | (2) Upon appeal, the petitioner is entitled to a trial de novo before a justice of the superior 30 |
|---|
| 556 | 556 | | court without a jury. 31 |
|---|
| 557 | 557 | | (3) Within thirty (30) days of the filing of the notice of appeal, the licensing authority or 32 |
|---|
| 558 | 558 | | attorney general shall provide a full, complete and certified copy of the application and all 33 |
|---|
| 559 | 559 | | submitted documents to both the petitioner and the superior court. 34 |
|---|
| 560 | 560 | | |
|---|
| 561 | 561 | | |
|---|
| 562 | 562 | | LC001311 - Page 16 of 21 |
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| 563 | 563 | | (d) Pursuant to chapter 2 of title 38, the request to reconsider and the appeal to superior 1 |
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| 564 | 564 | | court shall not be deemed public. All documents, records and proceedings before the licensing 2 |
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| 565 | 565 | | authority, the department of attorney general and the superior court are not open to the public but 3 |
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| 566 | 566 | | may be accessed by law enforcement personnel to be used for law enforcement purposes related to 4 |
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| 567 | 567 | | the appeal only and shall otherwise remain confidential. 5 |
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| 568 | 568 | | (e) An applicant shall have their hearing open to the public upon written request to the 6 |
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| 569 | 569 | | superior court. 7 |
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| 570 | 570 | | (f) The superior court shall award reasonable attorney fees, costs and filing fees to the 8 |
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| 571 | 571 | | prevailing applicant if the court finds that there is no justiciable issue of either law or fact or to the 9 |
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| 572 | 572 | | prevailing applicant if the licensing authority or the department of attorney general did not have a 10 |
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| 573 | 573 | | good faith basis in the denial of the license or permit. 11 |
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| 574 | 574 | | SECTION 3. Section 38-2-2 of the General Laws in Chapter 38-2 entitled "Access to Public 12 |
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| 575 | 575 | | Records" is hereby amended to read as follows: 13 |
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| 576 | 576 | | 38-2-2. Definitions. 14 |
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| 577 | 577 | | As used in this chapter: 15 |
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| 578 | 578 | | (1) “Agency” or “public body” means any executive, legislative, judicial, regulatory, or 16 |
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| 579 | 579 | | administrative body of the state, or any political subdivision thereof; including, but not limited to: 17 |
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| 580 | 580 | | any department, division, agency, commission, board, office, bureau, authority; any school, fire, or 18 |
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| 581 | 581 | | water district, or other agency of Rhode Island state or local government that exercises 19 |
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| 582 | 582 | | governmental functions; any authority as defined in § 42-35-1(b); or any other public or private 20 |
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| 583 | 583 | | agency, person, partnership, corporation, or business entity acting on behalf of and/or in place of 21 |
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| 584 | 584 | | any public agency. 22 |
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| 585 | 585 | | (2) “Chief administrative officer” means the highest authority of the public body. 23 |
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| 586 | 586 | | (3) “Public business” means any matter over which the public body has supervision, 24 |
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| 587 | 587 | | control, jurisdiction, or advisory power. 25 |
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| 588 | 588 | | (4) “Public record” or “public records” shall mean all documents, papers, letters, maps, 26 |
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| 589 | 589 | | books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data 27 |
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| 590 | 590 | | processing records, computer stored data (including electronic mail messages, except specifically 28 |
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| 591 | 591 | | for any electronic mail messages of or to elected officials with or relating to those they represent 29 |
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| 592 | 592 | | and correspondence of or to elected officials in their official capacities), or other material regardless 30 |
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| 593 | 593 | | of physical form or characteristics made or received pursuant to law or ordinance or in connection 31 |
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| 594 | 594 | | with the transaction of official business by any agency. For the purposes of this chapter, the 32 |
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| 595 | 595 | | following records shall not be deemed public: 33 |
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| 596 | 596 | | (A)(I)(a) All records relating to a client/attorney relationship and to a doctor/patient 34 |
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| 597 | 597 | | |
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| 598 | 598 | | |
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| 599 | 599 | | LC001311 - Page 17 of 21 |
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| 600 | 600 | | relationship, including all medical information relating to an individual in any files. 1 |
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| 601 | 601 | | (b) Personnel and other personal individually identifiable records otherwise deemed 2 |
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| 602 | 602 | | confidential by federal or state law or regulation, or the disclosure of which would constitute a 3 |
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| 603 | 603 | | clearly unwarranted invasion of personal privacy pursuant to 5 U.S.C. § 552 et seq.; provided, 4 |
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| 604 | 604 | | however, with respect to employees, and employees of contractors and subcontractors working on 5 |
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| 605 | 605 | | public works projects that are required to be listed as certified payrolls, the name, gross salary, 6 |
|---|
| 606 | 606 | | salary range, total cost of paid fringe benefits, gross amount received in overtime, and any other 7 |
|---|
| 607 | 607 | | remuneration in addition to salary, job title, job description, dates of employment and positions 8 |
|---|
| 608 | 608 | | held with the state, municipality, or public works contractor or subcontractor on public works 9 |
|---|
| 609 | 609 | | projects, employment contract, work location, and/or project, business telephone number, the city 10 |
|---|
| 610 | 610 | | or town of residence, and date of termination shall be public. For the purposes of this section 11 |
|---|
| 611 | 611 | | “remuneration” shall include any payments received by an employee as a result of termination, or 12 |
|---|
| 612 | 612 | | otherwise leaving employment, including, but not limited to, payments for accrued sick and/or 13 |
|---|
| 613 | 613 | | vacation time, severance pay, or compensation paid pursuant to a contract buy-out provision. For 14 |
|---|
| 614 | 614 | | purposes of this section, the city or town residence shall not be deemed public for peace officers, 15 |
|---|
| 615 | 615 | | as defined in § 12-7-21, and shall not be released. 16 |
|---|
| 616 | 616 | | (II) Notwithstanding the provisions of this section, or any other provision of the general 17 |
|---|
| 617 | 617 | | laws to the contrary, the pension records of all persons who are either current or retired members 18 |
|---|
| 618 | 618 | | of any public retirement systems, as well as all persons who become members of those retirement 19 |
|---|
| 619 | 619 | | systems after June 17, 1991, shall be open for public inspection. “Pension records” as used in this 20 |
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| 620 | 620 | | section, shall include all records containing information concerning pension and retirement benefits 21 |
|---|
| 621 | 621 | | of current and retired members of the retirement systems and future members of said systems, 22 |
|---|
| 622 | 622 | | including all records concerning retirement credits purchased and the ability of any member of the 23 |
|---|
| 623 | 623 | | retirement system to purchase retirement credits, but excluding all information regarding the 24 |
|---|
| 624 | 624 | | medical condition of any person and all information identifying the member’s designated 25 |
|---|
| 625 | 625 | | beneficiary or beneficiaries unless and until the member’s designated beneficiary or beneficiaries 26 |
|---|
| 626 | 626 | | have received or are receiving pension and/or retirement benefits through the retirement system. 27 |
|---|
| 627 | 627 | | (B) Trade secrets and commercial or financial information obtained from a person, firm, 28 |
|---|
| 628 | 628 | | or corporation that is of a privileged or confidential nature. 29 |
|---|
| 629 | 629 | | (C) Child custody and adoption records, records of illegitimate births, and records of 30 |
|---|
| 630 | 630 | | juvenile proceedings before the family court. 31 |
|---|
| 631 | 631 | | (D) All records maintained by law enforcement agencies for criminal law enforcement and 32 |
|---|
| 632 | 632 | | all records relating to the detection and investigation of crime, including those maintained on any 33 |
|---|
| 633 | 633 | | individual or compiled in the course of a criminal investigation by any law enforcement agency. 34 |
|---|
| 634 | 634 | | |
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| 635 | 635 | | |
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| 636 | 636 | | LC001311 - Page 18 of 21 |
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| 637 | 637 | | Provided, however, such records shall not be deemed public only to the extent that the disclosure 1 |
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| 638 | 638 | | of the records or information (a) Could reasonably be expected to interfere with investigations of 2 |
|---|
| 639 | 639 | | criminal activity or with enforcement proceedings; (b) Would deprive a person of a right to a fair 3 |
|---|
| 640 | 640 | | trial or an impartial adjudication; (c) Could reasonably be expected to constitute an unwarranted 4 |
|---|
| 641 | 641 | | invasion of personal privacy; (d) Could reasonably be expected to disclose the identity of a 5 |
|---|
| 642 | 642 | | confidential source, including a state, local, or foreign agency or authority, or any private institution 6 |
|---|
| 643 | 643 | | that furnished information on a confidential basis, or the information furnished by a confidential 7 |
|---|
| 644 | 644 | | source; (e) Would disclose techniques and procedures for law enforcement investigations or 8 |
|---|
| 645 | 645 | | prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions; or 9 |
|---|
| 646 | 646 | | (f) Could reasonably be expected to endanger the life or physical safety of any individual. Records 10 |
|---|
| 647 | 647 | | relating to management and direction of a law enforcement agency and records or reports reflecting 11 |
|---|
| 648 | 648 | | the initial arrest of an adult and the charge or charges brought against an adult shall be public. 12 |
|---|
| 649 | 649 | | (E) Any records that would not be available by law or rule of court to an opposing party in 13 |
|---|
| 650 | 650 | | litigation. 14 |
|---|
| 651 | 651 | | (F) Scientific and technological secrets and the security plans of military and law 15 |
|---|
| 652 | 652 | | enforcement agencies, the disclosure of which would endanger the public welfare and security. 16 |
|---|
| 653 | 653 | | (G) Any records that disclose the identity of the contributor of a bona fide and lawful 17 |
|---|
| 654 | 654 | | charitable contribution to the public body whenever public anonymity has been requested of the 18 |
|---|
| 655 | 655 | | public body with respect to the contribution by the contributor. 19 |
|---|
| 656 | 656 | | (H) Reports and statements of strategy or negotiation involving labor negotiations or 20 |
|---|
| 657 | 657 | | collective bargaining. 21 |
|---|
| 658 | 658 | | (I) Reports and statements of strategy or negotiation with respect to the investment or 22 |
|---|
| 659 | 659 | | borrowing of public funds, until such time as those transactions are entered into. 23 |
|---|
| 660 | 660 | | (J) Any minutes of a meeting of a public body that are not required to be disclosed pursuant 24 |
|---|
| 661 | 661 | | to chapter 46 of title 42. 25 |
|---|
| 662 | 662 | | (K) Preliminary drafts, notes, impressions, memoranda, working papers, and work 26 |
|---|
| 663 | 663 | | products, including those involving research at state institutions of higher education on commercial, 27 |
|---|
| 664 | 664 | | scientific, artistic, technical, or scholarly issues, whether in electronic or other format; provided, 28 |
|---|
| 665 | 665 | | however, any documents submitted at a public meeting of a public body shall be deemed public. 29 |
|---|
| 666 | 666 | | (L) Test questions, scoring keys, and other examination data used to administer a licensing 30 |
|---|
| 667 | 667 | | examination, examination for employment or promotion, or academic examinations; provided, 31 |
|---|
| 668 | 668 | | however, that a person shall have the right to review the results of his or her examination. 32 |
|---|
| 669 | 669 | | (M) Correspondence of or to elected officials with or relating to those they represent and 33 |
|---|
| 670 | 670 | | correspondence of or to elected officials in their official capacities. 34 |
|---|
| 671 | 671 | | |
|---|
| 672 | 672 | | |
|---|
| 673 | 673 | | LC001311 - Page 19 of 21 |
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| 674 | 674 | | (N) The contents of real estate appraisals, engineering, or feasibility estimates and 1 |
|---|
| 675 | 675 | | evaluations made for or by an agency relative to the acquisition of property or to prospective public 2 |
|---|
| 676 | 676 | | supply and construction contracts, until such time as all of the property has been acquired or all 3 |
|---|
| 677 | 677 | | proceedings or transactions have been terminated or abandoned; provided the law of eminent 4 |
|---|
| 678 | 678 | | domain shall not be affected by this provision. 5 |
|---|
| 679 | 679 | | (O) All tax returns. 6 |
|---|
| 680 | 680 | | (P) All investigatory records of public bodies, with the exception of law enforcement 7 |
|---|
| 681 | 681 | | agencies, pertaining to possible violations of statute, rule, or regulation other than records of final 8 |
|---|
| 682 | 682 | | actions taken, provided that all records prior to formal notification of violations or noncompliance 9 |
|---|
| 683 | 683 | | shall not be deemed to be public. 10 |
|---|
| 684 | 684 | | (Q) Records of individual test scores on professional certification and licensing 11 |
|---|
| 685 | 685 | | examinations; provided, however, that a person shall have the right to review the results of his or 12 |
|---|
| 686 | 686 | | her examination. 13 |
|---|
| 687 | 687 | | (R) Requests for advisory opinions until such time as the public body issues its opinion. 14 |
|---|
| 688 | 688 | | (S) Records, reports, opinions, information, and statements required to be kept confidential 15 |
|---|
| 689 | 689 | | by federal law or regulation or state law or rule of court. 16 |
|---|
| 690 | 690 | | (T) Judicial bodies are included in the definition only in respect to their administrative 17 |
|---|
| 691 | 691 | | function provided that records kept pursuant to the provisions of chapter 16 of title 8 are exempt 18 |
|---|
| 692 | 692 | | from the operation of this chapter. 19 |
|---|
| 693 | 693 | | (U) Library records that, by themselves or when examined with other public records, would 20 |
|---|
| 694 | 694 | | reveal the identity of the library user requesting, checking out, or using any library materials. 21 |
|---|
| 695 | 695 | | (V) Printouts from TELE — TEXT devices used by people who are deaf or hard of hearing 22 |
|---|
| 696 | 696 | | or speech impaired. 23 |
|---|
| 697 | 697 | | (W) All records received by the insurance division of the department of business regulation 24 |
|---|
| 698 | 698 | | from other states, either directly or through the National Association of Insurance Commissioners, 25 |
|---|
| 699 | 699 | | if those records are accorded confidential treatment in that state. Nothing contained in this title or 26 |
|---|
| 700 | 700 | | any other provision of law shall prevent or be construed as prohibiting the commissioner of 27 |
|---|
| 701 | 701 | | insurance from disclosing otherwise confidential information to the insurance department of this 28 |
|---|
| 702 | 702 | | or any other state or country, at any time, so long as the agency or office receiving the records 29 |
|---|
| 703 | 703 | | agrees in writing to hold it confidential in a manner consistent with the laws of this state. 30 |
|---|
| 704 | 704 | | (X) Credit card account numbers in the possession of state or local government are 31 |
|---|
| 705 | 705 | | confidential and shall not be deemed public records. 32 |
|---|
| 706 | 706 | | (Y) Any documentary material, answers to written interrogatories, or oral testimony 33 |
|---|
| 707 | 707 | | provided under any subpoena issued under § 9-1.1-6. 34 |
|---|
| 708 | 708 | | |
|---|
| 709 | 709 | | |
|---|
| 710 | 710 | | LC001311 - Page 20 of 21 |
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| 711 | 711 | | (Z) Any individually identifiable evaluations of public school employees made pursuant to 1 |
|---|
| 712 | 712 | | state or federal law or regulation. 2 |
|---|
| 713 | 713 | | (AA) All documents prepared by school districts intended to be used by school districts in 3 |
|---|
| 714 | 714 | | protecting the safety of their students from potential and actual threats. 4 |
|---|
| 715 | 715 | | (BB) The list of teachers terminated for good and just cause maintained by the department 5 |
|---|
| 716 | 716 | | of education pursuant to § 16-13-9. 6 |
|---|
| 717 | 717 | | (CC) All documents, records and any records of proceedings generated pursuant to any 7 |
|---|
| 718 | 718 | | appeal brought under § 11-47-65, before a licensing authority, the department of attorney general 8 |
|---|
| 719 | 719 | | or the superior court. 9 |
|---|
| 720 | 720 | | SECTION 4. This act shall take effect upon passage. 10 |
|---|
| 721 | 721 | | ======== |
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| 722 | 722 | | LC001311 |
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| 723 | 723 | | ======== |
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| 724 | 724 | | |
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| 725 | 725 | | |
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| 726 | 726 | | LC001311 - Page 21 of 21 |
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| 727 | 727 | | EXPLANATION |
|---|
| 728 | 728 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 729 | 729 | | OF |
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| 730 | 730 | | A N A C T |
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| 731 | 731 | | RELATING TO CRIMINAL OFFENSES -- WEAPONS -- CONCEALED CARRY REFORM |
|---|
| 732 | 732 | | *** |
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| 733 | 733 | | This act would allow the attorney general to enter in agreements with other states to 1 |
|---|
| 734 | 734 | | recognize a concealed handgun permit as valid. This act would authorize the State of Rhode Island 2 |
|---|
| 735 | 735 | | to recognize and honor a concealed weapon permit from out of state provided the license holder is 3 |
|---|
| 736 | 736 | | twenty-one (21) years of age or older, the reciprocal state or county provides a means of twenty-4 |
|---|
| 737 | 737 | | four (24) hours instantaneous verification. Further, any active duty law enforcement officers having 5 |
|---|
| 738 | 738 | | a government issued identification card would have the right to carry a concealed firearm within 6 |
|---|
| 739 | 739 | | the State of Rhode Island. Additionally, this act would define "suitable person" for purposes of 7 |
|---|
| 740 | 740 | | possessing and having a concealed carry pistol permit and would establish reasons for applying for 8 |
|---|
| 741 | 741 | | a carry permit for both in-state and out-of-state residents. This act would also set forth what 9 |
|---|
| 742 | 742 | | information is required on applications for carry permits, establish an appeal process when an 10 |
|---|
| 743 | 743 | | application is denied and provide that records relating to carry permits and appeals would not be a 11 |
|---|
| 744 | 744 | | public record. 12 |
|---|
| 745 | 745 | | This act would take effect upon passage. 13 |
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| 746 | 746 | | ======== |
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| 747 | 747 | | LC001311 |
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| 748 | 748 | | ======== |
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