Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0059 Latest Draft

Bill / Introduced Version Filed 01/23/2025

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