Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0059 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- S 0059
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7	7	LC000697
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO CRIMINAL OFFENSES -- WEAPONS
16	16	Introduced By: Senators Tikoian, Lawson, Britto, Gallo, LaMountain, Gu, Bissaillon,
17	17	Felag, Dimitri, and Burke
18	18	Date Introduced: January 23, 2025
19	19	Referred To: Senate Judiciary
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 11-47-2 of the General Laws in Chapter 11-47 entitled "Weapons" is 1
24	24	hereby amended to read as follows: 2
25	25	11-47-2. Definitions. 3
26	26	When used in this chapter, the following words and phrases are construed as follows: 4
27	27	(1) “3D printing process” means 3D printing or additive manufacturing which is a process 5
28	28	of making three (3) dimensional solid objects from a computer file and shall include any of various 6
29	29	processes in which material is joined or solidified under computer control to create a three (3) 7
30	30	dimensional object, with material being added together including liquid molecules or powder 8
31	31	grains. 9
32	32	(2) “Antique firearm” is defined as that term is defined under the provisions of 18 U.S.C. 10
33	33	§ 921. 11
34	34	(3) “Binary trigger” means a device that replaces a standard trigger on a semi-automatic 12
35	35	weapon and is designed to fire one round on the pull of the trigger and another round upon release 13
36	36	of the trigger. 14
37	37	(4) “Bump-fire stock” means any device that replaces a semi-automatic weapon’s standard 15
38	38	stock and is designed to slide back and forth rapidly, harnessing the weapon’s recoil to rapidly fire 16
39	39	the weapon. 17
40	40	(5) “Crime gun” means any firearm used in a crime or identified by law enforcement as 18
41	41	suspected of having been used in a criminal offense. 19
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45	45	(5)(6) “Crime of violence” means and includes any of the following crimes or an attempt 1
46	46	to commit any of them: murder, manslaughter, rape, first- or second-degree sexual assault, first- or 2
47	47	second-degree child molestation, kidnapping, first- and second-degree arson, mayhem, robbery, 3
48	48	burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or 4
49	49	delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a 5
50	50	controlled substance classified in schedule I or schedule II of § 21-28-2.08, any violation of § 21-6
51	51	28-4.01.1 or § 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a 7
52	52	dangerous weapon, assault or battery involving grave bodily injury, or assault with intent to commit 8
53	53	any offense punishable as a felony; upon any conviction of an offense punishable as a felony 9
54	54	offense under § 12-29-5. 10
55	55	(6)(7) “Firearm” includes any machine gun, pistol, rifle, air rifle, air pistol, “blank gun,” 11
56	56	“BB gun,” or other instrument from which steel or metal projectiles are propelled, or that may 12
57	57	readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and 13
58	58	except instruments propelling projectiles that are designed or normally used for a primary purpose 14
59	59	other than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under 15
60	60	the provisions of this section. 16
61	61	(7)(8) “Fugitive from justice” means any person who has fled from any state, territory, the 17
62	62	District of Columbia, or possession of the United States to avoid prosecution for a crime of violence 18
63	63	or to avoid giving testimony in any criminal proceeding. 19
64	64	(8)(9) “Ghost gun” means a firearm, including a frame or receiver, that lacks a unique serial 20
65	65	number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, 21
66	66	maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. It does 22
67	67	not include a firearm that has been rendered permanently inoperable, or a firearm that is not 23
68	68	required to have a serial number in accordance with the federal Gun Control Act of 1968. 24
69	69	(9)(10) “Licensing authorities” means the board of police commissioners of a city or town 25
70	70	where the board has been instituted, the chief of police or superintendent of police of other cities 26
71	71	and towns having a regular organized police force, and, in towns where there is no chief of police 27
72	72	or superintendent of police, it means the town clerk who may issue licenses upon the 28
73	73	recommendation of the town sergeant, and it also means any other person or body duly authorized 29
74	74	by the city or town charter or by state law. 30
75	75	(10)(11) “Machine gun” means any weapon that shoots, is designed to shoot, or can be 31
76	76	readily restored to shoot automatically more than one shot, without manual reloading, by a single 32
77	77	function of the trigger. The term also includes the frame or receiver of the weapon, any combination 33
78	78	of parts designed and intended for use in converting a weapon into a machine gun, and any 34
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82	82	combination of parts from which a machine gun can be assembled if the parts are in the possession 1
83	83	or under the control of a person. 2
84	84	(11)(12) “Major component” means, with respect to a firearm: 3
85	85	(i) The slide or cylinder or the frame or receiver of the firearm; and 4
86	86	(ii) In the case of a rifle or shotgun, includes the barrel of the firearm. 5
87	87	(12)(13) “Person” includes an individual, partnership, firm, association, or corporation. 6
88	88	(13)(14) “Pistol” includes any pistol or revolver, and any shotgun, rifle, or similar weapon 7
89	89	with overall length less than twenty-six inches (26″), but does not include any pistol or revolver 8
90	90	designed for the use of blank cartridges only. 9
91	91	(14)(15) “Rifle” shall have the same meaning as in 26 U.S.C. § 5845(c), and by barrel 10
92	92	length and overall length not be subject to registration pursuant to the National Firearms Act, 26 11
93	93	U.S.C. ch. 53 (prior § 5801 et seq.). 12
94	94	(15)(16) “Sawed-off rifle” means any rifle with overall length of less than twenty-six 13
95	95	inches (26″) or barrel length of less than sixteen inches (16″). 14
96	96	(16)(17) “Sawed-off shotgun” means any shotgun with overall length of less than twenty-15
97	97	six inches (26″) or barrel length of less than eighteen inches (18″). 16
98	98	(17)(18) “Sell” includes let or hire, give, lend, and transfer, and “purchase” includes hire, 17
99	99	accept, and borrow, and “purchasing” shall be construed accordingly. 18
100	100	(18)(19) “Shotgun” shall have the same meaning as in 26 U.S.C. § 5845(d), and by barrel 19
101	101	length and overall length not be subject to registration pursuant to the National Firearms Act, 26 20
102	102	U.S.C. ch. 53 (prior § 5801 et seq.). 21
103	103	(19)(20) “Trigger crank” means a trigger actuator that attaches to the trigger of a semi-22
104	104	automatic weapon and causes the weapon to fire by turning the crank handle. 23
105	105	(20)(21) “Undetectable firearm” means any firearm that: 24
106	106	(i) After removal of all parts, other than a major component, is not as detectable by walk-25
107	107	through metal detectors commonly used at airports or other public buildings; or 26
108	108	(ii) Any major component of which, if subjected to inspection by the types of detection 27
109	109	devices commonly used at airports or other public buildings for security screening, would not 28
110	110	generate an image that accurately depicts the shape of the component; or 29
111	111	(iii) Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or 30
112	112	(iv) Upon which the frame or receiver lacks a unique serial number engraved or cased into 31
113	113	on the frame or receiver by a licensed manufacturer, maker, or importer under federal law, or 32
114	114	markings in accordance with 27 C.F.R. § 479.102. Provided, however, this subsection shall not 33
115	115	apply to any firearm rendered permanently inoperable or a firearm manufactured prior to 1968. 34
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119	119	SECTION 2. Chapter 12-1 of the General Laws entitled "Identification and Apprehension 1
120	120	of Criminals" is hereby amended by adding thereto the following section: 2
121	121	12-1-10.2. Firearm's examination. 3
122	122	(a) In the case of every offense in which a crime gun, as defined in § 11-47-2 is seized: 4
123	123	(1) The arresting/investigating police department shall submit the firearm or at least two 5
124	124	(2) test-fired cartridge cases or shell casings to the state crime laboratory, the Federal Bureau of 6
125	125	Alcohol, Tobacco, Firearms and Explosives (BATF) or any qualified law enforcement agency with 7
126	126	personnel certified in forensic ballistics examinations for testing and entry of test fired casing(s) 8
127	127	into the National Integrated Ballistic Information Network (NIBIN). Alternatively, the two (2) test-9
128	128	fired cartridge cases or shell casings may be entered into the NIBIN system available at the Rhode 10
129	129	Island attorney general’s office; and 11
130	130	(2) The arresting/investigating police department shall submit any information relative to 12
131	131	said firearm, including, but not limited to, its make, model, and serial number to the BATF for 13
132	132	tracing. 14
133	133	(b) Whenever a law enforcement agency recovers any spent cartridge case(s) or shell 15
134	134	casings at a crime scene or has reason to believe that the recovered spent cartridge case(s) or shell 16
135	135	casing(s) is related to or associated with the commission of a crime, the arresting/investigating 17
136	136	police department shall, as soon as practicable, submit the ballistics information to the National 18
137	137	Integrated Ballistics Identification Network. 19
138	138	SECTION 3. This act shall take effect upon passage. 20
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144	144	LC000697 - Page 5 of 5
145	145	EXPLANATION
146	146	BY THE LEGISLATIVE COUNCIL
147	147	OF
148	148	A N A C T
149	149	RELATING TO CRIMINAL OFFENSES -- WEAPONS
150	150	***
151	151	This act would define “crime gun” and require law enforcement to submit any crime gun 1
152	152	or two (2) fired cartridge cases or shell casings seized in any investigation to the state crime 2
153	153	laboratory or the Bureau of Alcohol, Tobacco and Firearms (BATF) for testing and tracing and also 3
154	154	would require two (2) test-fired cartridge cases and any spent shell casings related to a crime to be 4
155	155	entered into the National Integrated Ballistic Information Network (NIBIN). 5
156	156	This act would take effect upon passage. 6
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