2025 -- S 0530
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LC001714
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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 McKenney, Gu, Murray, and Sosnowski
Date Introduced: February 26, 2025
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Section 11-47-5 of the General Laws in Chapter 11-47 entitled "Weapons" is 1
hereby amended to read as follows: 2
11-47-5. Possession of firearms by certain persons prohibited. 3
(a) No person shall purchase, own, carry, transport, or have in his or her possession any 4
firearm if that person: 5
(1) Has been convicted in this state or elsewhere of a crime of violence; 6
(2) Is a fugitive from justice; 7
(3) Has, in this state or elsewhere, entered a plea of nolo contendere to or been convicted 8
of an offense punishable as a felony under § 12-29-5; or 9
(4) Has, in this state or elsewhere, entered a plea of nolo contendere to or been convicted 10
of any of the following offenses punishable as a misdemeanor under § 12-29-5: 11
(i) Simple assault (§ 11-5-3); 12
(ii) Cyberstalking and cyberharassment (§ 11-52-4.2); 13
(iii) Violation of a protective order (as set forth in § 12-29-2(a)(10); or 14
(iv) Disorderly conduct (§ 11-45-1). 15
(A) A disorderly conduct conviction shall result in prohibition under this section if and 16
only if the offense involves the use or attempted use of force or the threatened use of a dangerous 17
weapon. 18
(5) Has, in this state or elsewhere, entered a plea of nolo contendere to or otherwise been 19
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sentenced in accordance with § 12-19-38. 1
(6) The provisions of this subsection shall apply to all persons who enter a plea of nolo 2
contendere to or have been convicted of any of the offenses specified in subsections (a)(3) through 3
(a)(5) of this section, unless and until that person’s matter has been expunged, or upon the 4
completion of the sentence of a one-year filing, or the end of a one-year probationary period that 5
no longer constitutes a conviction pursuant to § 12-18-3. 6
(b) No person shall purchase, carry, transport, or have in his or her possession any firearm 7
if that person is subject to an order issued pursuant to chapter 15 of title 15, chapter 8.1 of title 8, 8
or an equivalent order in this state or elsewhere, which order was issued after the person restrained 9
has received notice of the proceedings and had an opportunity to be heard. 10
(c) No person who is in community confinement pursuant to the provisions of § 42-56-11
20.2, or who is otherwise subject to electronic surveillance or monitoring devices as a condition of 12
parole, shall purchase, carry, transport, or have in his or her possession any firearm. This subsection 13
shall not apply to any person who has not been convicted of (or pleaded guilty or nolo contendere 14
to) a crime of violence in a court of competent jurisdiction. 15
(d) Every person violating the provisions of this section shall, upon conviction, be punished 16
by imprisonment for not less than two (2) nor more than ten (10) years; and for penalties provided 17
in this section he or she shall not be afforded the benefit of suspension or deferment of sentence 18
nor of probation. 19
SECTION 2. 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 preclude an individual who has pled nolo contendere or been convicted of 1
a misdemeanor offense, and sentenced in accordance with the hate crime sentencing enhancement 2
act for such misdemeanor, from purchasing, owning, carrying, transporting or having in his or her 3
possession any firearm. 4
This act would take effect upon passage. 5
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