CRIMINAL OFFENSES -- WEAPONS, the official text

S2164 2026 -- S 2164 ======== LC003348 ======== STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2026 ____________ A N A C T RELATING TO CRIMINAL OFFENSES -- WEAPONS Introduced By: Senators Rogers, de la Cruz, E Morgan, Paolino, and Raptakis Date Introduced: January 16, 2026 Referred To: Senate Judiciary It is enacted by the General Assembly as follows: 1 SECTION 1. Sections 11-47-2, 11-47-9, 11-47-11, 11-47-12, 11-47-18 and 11-47-20 of 2 the General Laws in Chapter 11-47 entitled Weapons are hereby amended to read as follows: 3 11-47-2. Definitions. 4 When used in this chapter, the following words and phrases are construed as follows: 5 (1) “3D printing process” means 3D printing or additive manufacturing which is a process 6 of making three (3) dimensional solid objects from a computer file and shall include any of various 7 processes in which material is joined or solidified under computer control to create a three (3) 8 dimensional object, with material being added together including liquid molecules or powder 9 grains. 10 (2) “Antique firearm” is defined as that term is defined under the provisions of 18 U.S.C. 11 § 921. 12 (3) “Binary trigger” means a device that replaces a standard trigger on a semi-automatic 13 weapon and is designed to fire one round on the pull of the trigger and another round upon release 14 of the trigger. 15 (4) “Bump-fire stock” means any device that replaces a semi-automatic weapon’s standard 16 stock and is designed to slide back and forth rapidly, harnessing the weapon’s recoil to rapidly fire 17 the weapon. 18 (5) “Crime gun” means any firearm used in a crime or identified by law enforcement as 19 suspected of having been used in a criminal offense. 1 (6) “Crime of violence” means and includes any of the following crimes or an attempt to 2 commit any of them: murder, manslaughter, rape, first- or second-degree sexual assault, first- or 3 second-degree child molestation, kidnapping, first- and second-degree arson, mayhem, robbery, 4 burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or 5 delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a 6 controlled substance classified in schedule I or schedule II of § 21-28-2.08, any violation of § 21- 7 28-4.01.1 or § 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a 8 dangerous weapon, assault or battery involving grave bodily injury, or assault with intent to commit 9 any offense punishable as a felony; upon any conviction of an offense punishable as a felony 10 offense under § 12-29-5. 11 (7) “Firearm” includes any machine gun, pistol, rifle, air rifle, air pistol, “blank gun,” “BB 12 gun,” or other instrument from which steel or metal projectiles are propelled, or that may readily 13 be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except 14 instruments propelling projectiles that are designed or normally used for a primary purpose other 15 than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under the 16 provisions of this section. 17 (8) “Fugitive from justice” means any person who has fled from any state, territory, the 18 District of Columbia, or possession of the United States to avoid prosecution for a crime of violence 19 or to avoid giving testimony in any criminal proceeding. 20 (9) “Ghost gun” means a firearm, including a frame or receiver, that lacks a unique serial 21 number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, 22 maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. It does 23 not include a firearm that has been rendered permanently inoperable, or a firearm that is not 24 required to have a serial number in accordance with the federal Gun Control Act of 1968. 25 (10) “Licensing authorities” means the board of police commissioners of a city or town 26 where the board has been instituted, the chief of police or superintendent of police of other cities 27 and towns having a regular organized police force, and, in towns where there is no chief of police 28 or superintendent of police, it means the town clerk who may issue licenses upon the 29 recommendation of the town sergeant, and it also means any other person or body duly authorized 30 by the city or town charter or by state law. 31 (11) “Machine gun” means any weapon that shoots, is designed to shoot, or can be readily 32 restored to shoot automatically more than one shot, without manual reloading, by a single function 33 of the trigger. The term also includes the frame or receiver of the weapon, any combination of parts 34 designed and intended for use in converting a weapon into a machine gun, and any combination of LC003348 - Page 2 of 21 1 parts from which a machine gun can be assembled if the parts are in the possession or under the 2 control of a person. 3 (12) “Major component” means, with respect to a firearm: 4 (i) The slide or cylinder or the frame or receiver of the firearm; and 5 (ii) In the case of a rifle or shotgun, includes the barrel of the firearm. 6 (13) “Person” includes an individual, partnership, firm, association, or corporation. 7 (14) “Pistol” includes any pistol or revolver, and any shotgun, rifle, or similar weapon with 8 overall length less than twenty-six inches (26″), but does not include any pistol or revolver designed 9 for the use of blank cartridges only. 10 (15) “Rifle” shall have the same meaning as in 26 U.S.C. § 5845(c), and by barrel length 11 and overall length not be subject to registration pursuant to the National Firearms Act, 26 U.S.C. 12 ch. 53 (prior § 5801 et seq.). 13 (16) “Sawed-off rifle” means any rifle with overall length of less than twenty-six inches 14 (26″) or barrel length of less than sixteen inches (16″). 15 (17) “Sawed-off shotgun” means any shotgun with overall length of less than twenty-six 16 inches (26″) or barrel length of less than eighteen inches (18″). 17 (18) “Sell” includes let or hire, give, lend, and transfer, and “purchase” includes hire, 18 accept, and borrow, and “purchasing” shall be construed accordingly. 19 (19) “Shotgun” shall have the same meaning as in 26 U.S.C. § 5845(d), and by barrel length 20 and overall length not be subject to registration pursuant to the National Firearms Act, 26 U.S.C. 21 ch. 53 (prior § 5801 et seq.). 22 (20) Suitable person means any person who is not prohibited by state law from possessing 23 a pistol or revolver. A person may be considered unsuitable if the licensing authority has clear and 24 convincing evidence that the person is a clear and present danger to themself, or to another person. 25 Any person may be considered unsuitable if the law enforcement agency conducting the 26 background check or the department of attorney general has evidence which supports a good faith 27 belief that the person is a member of a criminal street gang as defined in § 12-19-39(a). 28 (20) (21) “Trigger crank” means a trigger actuator that attaches to the trigger of a semi- 29 automatic weapon and causes the weapon to fire by turning the crank handle. 30 (21) (22) “Undetectable firearm” means any firearm that: 31 (i) After removal of all parts, other than a major component, is not as detectable by walk- 32 through metal detectors commonly used at airports or other public buildings; or 33 (ii) Any major component of which, if subjected to inspection by the types of detection 34 devices commonly used at airports or other public buildings for security screening, would not LC003348 - Page 3 of 21 1 generate an image that accurately depicts the shape of the component; or 2 (iii) Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or 3 (iv) Upon which the frame or receiver lacks a unique serial number engraved or cased into 4 on the frame or receiver by a licensed manufacturer, maker, or importer under federal law, or 5 markings in accordance with 27 C.F.R. § 479.102. Provided, however, this subsection shall not 6 apply to any firearm rendered permanently inoperable or a firearm manufactured prior to 1968. 7 11-47-9. Persons exempt from restrictions. 8 (a) The provisions of § 11-47-8 shall not apply to sheriffs; deputy sheriffs; the 9 superintendent and members of the state police; members of the Rhode Island airport police 10 department; members of the Rhode Island capitol police; Rhode Island state fire marshal; chief 11 deputy state fire marshals; deputy state fire marshals assigned to the bomb squad, and those 12 assigned to the investigation unit; Providence fire department arson investigators, provided that the 13 investigator receiving the permit is a graduate of a police-training academy; correctional officers, 14 chief inspector and inspectors within the office of inspections, within the department of corrections; 15 members of the city or town police force; capitol police investigators of the department of attorney 16 general appointed pursuant to § 42-9-8.1; the witness protection coordinator for the witness 17 protection review board as set forth in chapter 30 of title 12 and subject to the minimum 18 qualifications of § 42-9-8.1; automobile theft investigators of the Rhode Island state police pursuant 19 to § 31-50-1; railroad police while traveling to and from official assignments or while on 20 assignments; conservation officers; or other duly appointed law enforcement officers; nor to 21 members of the Army, Navy, Air Force, Space Force, and Marine Corps of the United States, the 22 National Guard, or organized reserves, when on duty; nor to members of organizations by law 23 authorized to purchase or receive firearms from the United States or this state, provided these 24 members are at, or going to or from, their places of assembly or target practice; nor to officers or 25 employees of the United States authorized by law to carry a concealed firearm; nor to any civilian 26 guard or criminal investigator carrying sidearms or a concealed firearm in the performance of their 27 official duties under the authority of the commanding officer of the military establishment in the 28 state of Rhode Island where they are employed by the United States; nor to any civilian guard 29 carrying sidearms or a concealed firearm in the performance of their official duties under the 30 authority of the adjutant general where they are employed guarding a national guard facility, 31 provided, that the commanding officer of the military establishment shall have on file with the 32 attorney general of this state a list of the names and addresses of all civilian guards and criminal 33 investigators so authorized; nor to duly authorized military organizations when on duty; nor to 34 members when at, or going to or from, their customary places of assembly; nor to any individual LC003348 - Page 4 of 21 1 employed in the capacity of warden, associate warden, major, captain, lieutenant, sergeant, 2 correctional officer or investigator at any project owned or operated by a municipal detention 3 facility corporation, including the Donald W. Wyatt Detention Facility; nor to the regular and/or 4 ordinary transportation of pistols or revolvers as merchandise; nor to any person while transporting 5 a pistol, or revolvers, unloaded from the place of purchase to their residence, or place of business, 6 from their residence to their place of business or from their place of business to their residence, or 7 to a federal firearms licensee for the purpose of sale, to or from a bona fide gunsmith, or firearms 8 repair facility, to any police station or other location designated as a site of a bona fide “gun buy- 9 back” program, but only if said pistol or revolver is unloaded and any ammunition for said pistol 10 or revolver is not readily or directly accessible from the passenger compartment of such vehicle 11 while transporting same and further provided, that in the case of a vehicle without a compartment 12 separate from the passenger compartment, the firearm or the ammunition shall be stored in a locked 13 container. 14 (b) Persons exempted by the provisions of this section from the provisions of § 11-47-8 15 shall have the right to carry concealed firearms everywhere within this state; provided, that this 16 shall not be construed as giving the right to carry concealed firearms to a person transporting 17 firearms as merchandise or as household or business goods. 18 (c) The attorney general shall have the authority to enter into agreements or otherwise 19 formally approve reciprocal recognition with other states that require an agreement to be in place 20 before that state will recognize a Rhode Island attorney general or a city or town police department 21 concealed handgun permit as valid. 22 (d) Rhode Island shall recognize and honor a concealed handgun or concealed weapon 23 permit or license issued by any other reciprocal state or county, provided: 24 (1) The permit or license holder is a non-resident who is twenty-one (21) years of age or 25 older; 26 (2) The reciprocal state and/or county provides the means of instantaneous verification of 27 the validity of all such permits or licenses issued within that state or county, accessible twenty-four 28 (24) hours a day; 29 (3) The permit or license holder has in their immediate possession the concealed handgun 30 or concealed weapon license along with a photo identification issued by a state or government 31 agency and present for verification the permit or license and identification upon demand by a law 32 enforcement officer; 33 (4) The permit of license holder is subject to the same laws and restrictions with respect to 34 carrying a concealed firearm as a resident of Rhode Island who is so licensed. LC003348 - Page 5 of 21 1 (e) Rhode Island shall recognize an official government-issued law enforcement 2 identification card issued to an active-duty law enforcement officer from any other state or county. 3 These individuals shall be exempted from the provisions of § 11-47-8 and shall have the right to 4 carry a concealed firearm everywhere within this state. 5 11-47-11. License or permit to carry concealed pistol or revolver. 6 (a) The licensing authorities of any city or town shall, upon application of any person 7 twenty-one (21) years of age or over having a bona fide residence or place of business within the 8 city or town, or of any person twenty-one (21) years of age or over having a bona fide residence 9 within the United States and a license or permit to carry a pistol or revolver concealed upon his or 10 her person issued by the authorities of any other state or subdivision of the United States, issue a 11 license or permit to the person to carry concealed upon his or her person a pistol or revolver 12 everywhere within this state for four (4) years from date of issue, if it appears that the applicant has 13 good reason to fear an injury to his or her person or property or has any other proper lawful reason 14 for carrying a pistol or revolver, and that he or she is a suitable person to be so licensed , subject to 15 the provisions of §§ 11-47-12 and 11-47-15. Self-defense shall be considered a proper and purpose 16 and lawful reason . 17 (1) The license or permit shall be in triplicate in form to be prescribed by the attorney 18 general and shall bear the fingerprint, photograph, name, address, description, and signature of the 19 licensee and the reason given for desiring a license or permit and in no case shall it contain the 20 serial number of any firearm. The original shall be delivered to the licensee. 21 (2) Any member of the licensing authority, its agents, servants, and employees shall be 22 immune from suit in any action, civil or criminal, based upon any official act or decision, performed 23 or made in good faith in issuing a license or permit under this chapter. 24 (3) The licensing authority shall retain a copy of the permit for its records and send a second 25 copy to the department of attorney general. All permits issued or renewed pursuant to this section 26 shall be recorded in the Rhode Island criminal history database, or its successor system. 27 (b) The licensing authority shall, within fourteen (14) calendar days, return any incomplete 28 application to the applicant along with a written explanation, stating with specificity, why the 29 application is incomplete. 30 (c) The licensing authority shall approve or deny a complete application within ninety (90) 31 calendar days of receiving it. 32 (1) Within seven (7) business days after approval, the license shall be made available for 33 the applicant to pick up in person or, at the request and expense of the applicant be delivered by 34 mail. LC003348 - Page 6 of 21 1 (2) Any denial shall be in writing and state with specificity the reason(s) and evidence upon 2 which the licensing authority based its decision on and the rationale for the denial. 3 (3) Failure by the licensing authority to approve or deny within the time allowed shall 4 constitute a denial for the sole purpose of permitting an appeal by the applicant and for no other 5 purpose, and shall create a presumption that no evidence exists indicating that the applicant is 6 unsuitable. 7 (d) Any permit issued pursuant to this section is eligible to be renewed if it is not expired, 8 or has been expired for less than six (6) months. Any person whose permit has been expired for six 9 (6) months or more may apply for a new permit under this section. 10 (e) Each licensing authority shall make its application available to any person by: 11 (1) Posting it on its website, if it has one; and 12 (2) Making it immediately available, free of charge, to any person who requests it; and 13 (3) Upon request, providing a copy by regular mail using the United States postal service. 14 (f) All applications shall require two (2) forms of identification, such as a driver’s license, 15 state issued non-driver identification card, concealed carry permit issued by any state or political 16 subdivision of any state, passport, immigration documentation, military identification, student 17 identification, social security card or a birth certificate. At least one of these must be a government 18 issued photo identification. 19 (1) The licensing authority may only use the applicant’s social security number for the 20 background check. 21 (g) All applications shall include a federal bureau of investigation (FBI) fingerprint card 22 (FD-258), or successor version, or provide fingerprints by live-scan, with the application, except 23 that this shall not be a requirement for a renewal applicant. 24 (h) All applications shall include a copy of the instructor’s credentials for the instructor 25 who certified their qualification score on the applicant’s application. 26 (j) All licensing authorities of a city or town shall use the following application: 27 Application for a concealed carry license pursuant to RIGL § 11-47-11 28 Name: __________________________________________________________________ 29 Address: ________________________________________________________________ 30 (Street and number) (City or town) (State) (ZIP) 31 Date of Birth: _________________ Place of Birth_____________________ 32 Height: __________ Weight: __________ Color hair: ___________ Color eyes: __ 33 Are you a citizen of the United States?_____________________ 34 If you are not a US citizen, please list your admission/INS number: ____________ LC003348 - Page 7 of 21 1 ARMY L or RI COMBAT COURSE shooting score: ______________________ 2 Name and certification number of NRA or RI instructor: _____________________ 3 Signature of instructor:_________________________________________________ 4 Have you ever been convicted of a crime of violence (Pursuant to §11-47-2)? ____ 5 Are you a fugitive from justice (Pursuant to §11-47-2)?______________________ 6 Have you ever been adjudicated as being addicted to a controlled substance (Pursuant to 7 §11-47-6)? __________________________ 8 Have you ever been adjudicated as being mentally incompetent (Pursuant to §11-47-6)? 9 _______ 10 Have you been dishonorably discharged from the United States Military? _______ 11 To your knowledge, are you prohibited by federal or state law from possessing a firearm? 12 __________ 13 For what lawful purpose do you seek to carry a pistol or revolver? 14 ______________________________________________________________ 15 Applicant s signature:_____________________________________________________ 16 (See §11-47-23 for penalty for false information provided on this application) 17 AFFIDAVIT: I certify that I have read and am familiar with the provisions of chapter 47 18 of title 11, of the general laws of the State of Rhode Island and that I am aware of the penalties for 19 violation of the provisions of the cited sections. 20 Signed before me under penalties of perjury by____________________, known to me 21 personally or did present a valid photo identification card which 22 was_________________________ 23 County of _________________ 24 State of Rhode 25 Subscribed and sworn before me this ____ of ________________, 20____ 26 Notary Public 27 Notary Public number:________________ 28 (j) No licensing authority shall require any additional forms, standards, information, 29 waivers or other additional requirements. An applicant may submit additional information 30 documentation at the applicant’s discretion. 31 (k) The licensing authority shall establish and maintain an emergency permit extension on 32 the renewal application for a license to carry a concealable weapon. 33 (1) The emergency permit extension is only available to renewal applicants who, at the 34 time of the application, have an unexpired four (4) year city or town issued license to carry a LC003348 - Page 8 of 21 1 concealable weapon and who must maintain this license for work purposes. 2 (2) A complete renewal application must be delivered to the licensing authority prior to the 3 license expiration date. 4 (3) The licensing authority shall, within three (3) business days of receipt of the renewal 5 application if there is no material change in the renewal application, no material change in need 6 and no change in the applicant’s criminal history, automatically approve and make available the 7 emergency permit. 8 (4) A fee of fifty dollars ($50.00) shall be paid to the licensing authority for the emergency 9 permit extension upon the issuance of the emergency permit. 10 (5) An emergency license to carry a concealable weapon will be valid for ninety (90) days 11 only. 12 (6) Nothing in the emergency permit extension section shall be construed or interpreted to 13 stay or toll the time periods in the renewal process as outlined in subsection (e) of this section. 14 (b) (m) Notwithstanding any other chapter or section of the general laws of the state of 15 Rhode Island, the licensing authority of any city or town shall not provide or release to any 16 individual, firm, association or corporation the name, address, or date of birth of any person who 17 has held or currently holds a license or permit to carry a concealed pistol or revolver. This section 18 shall not be construed to prohibit the release of any statistical data of a general nature relative to 19 age, gender and racial or ethnic background nor shall it be construed to prevent the release of 20 information to parties involved in any prosecution of § 11-47-8 or in response to a lawful subpoena 21 in any criminal or civil action which the person is a party to that action. 22 11-47-12. License or permit fee. License to carry weapon fee. 23 A fee of forty dollars ($40.00) shall be charged and shall be paid for each a license or 24 permit to carry a weapon to the licensing authority issuing it and/or the department of attorney 25 general upon issuance . No additional fees or costs of any type shall be charged or assessed for any 26 reason, except, that the applicant may be assessed the actual cost charged by the FBI to process 27 their prints. Every license or permit shall be valid for four (4) years from the date when issued 28 unless sooner revoked , subject to the emergency permit provisions of § 11-47-11 . The fee charged 29 for issuing of the license or permit shall be applied for the use and benefit of the city, town, or state 30 of Rhode Island the department of attorney general . 31 11-47-18. License or permit issued by attorney general on showing of need — Issuance 32 to retired police officers. 33 (a) The attorney general may issue a license or permit to any person twenty-one (21) years 34 of age or over to carry a pistol or revolver, whether concealed or not, upon his or her person LC003348 - Page 9 of 21 1 everywhere within this state for four (4) years from the date of issue upon a proper showing of 2 need, or the applicant has good reason to fear an injury to their person or property, or for 3 employment, and that her or she is a suitable person to be so licensed, subject to the provisions of 4 §§ 11-47-12 and 11-47-15 ; that license or permit may be issued notwithstanding the provisions of 5 § 11-47-7 . 6 (1) A license to carry a pistol or revolver may not be issued to and shall be immediately 7 revoked for an individual who is in violation of § 11-47-7. 8 (b) All state police officers and permanent members of city and town police forces of this 9 state who have retired in good standing after at least twenty (20) years of service, or retired in good 10 standing due to a physical disability other than a psychological impairment, may shall be issued a 11 license or permit by the attorney general subject to the provisions of §§ 11-47-12 and 11-47-15. 12 The term “in good standing” means that at the time of retirement, the police officer was not facing 13 disciplinary action that could have resulted in his or her termination for misconduct or unfitness for 14 office. Any member of the licensing authority, and its agents, servants, and employees shall be 15 immune from suit in any action, civil or criminal, based upon any official act or decision, performed 16 or made in good faith in issuing and/or denying a license or permit under this chapter. 17 (c) Notwithstanding any other chapter or section of the general laws of the state of Rhode 18 Island, the attorney general shall not provide or release to any individual, firm, association or 19 corporation the name, address, or date of birth of any person who has held or currently holds a 20 license or permit to carry a concealed pistol or revolver. This section shall not be construed to 21 prohibit the release of any statistical data of a general nature relative to age, gender and racial or 22 ethnic background nor shall it be construed to prevent the release of information to parties involved 23 in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal or civil action 24 which said person is a party to such action. 25 (d) Any permit issued pursuant to this section is eligible to be renewed if it is not expired, 26 or has been expired for less than six (6) months. Any person whose permit has been expired for six 27 (6) months or more may apply for a new permit under this section. 28 (e) The attorney general’s application for a license to carry a pistol or revolver shall be 29 filled out completely by the applicant, dated and signed by the applicant and notarized. 30 (f) The attorney general may request only the following information on the application: 31 (1) Applicant’s full name, prior name if legally changed, all nicknames and aliases, full 32 residence address and mailing address if different. No post office box addresses may be used; 33 (2) All of the applicant’s available phone numbers, including, but not limited to, business, 34 cellular, mobile and land line phone numbers; LC003348 - Page 10 of 21 1 (3) The applicant’s height, weight, color of eyes and hair, date and place of birth, and social 2 security number; 3 (4) Applicant’s occupation, job description, years of employment and employer’s address 4 and contact information, except this information may only be required if the permit is being 5 requested as a condition of employment with a specific company; 6 (5) Applicant’s proof of citizenship, length of citizenship and if applicant is not a citizen 7 of the United States, a copy of both sides of a current and valid alien registration card or work 8 authorization card; 9 (6) A listing of all of the applicant’s address for the last three (3) years, including the full 10 address with dates of residence; 11 (7) Information relating to the applicant’s arrest record including, but not limited to, the 12 date the applicant was arrested, the name of the city/town or arresting agency, the state the arrest 13 occurred in, the arresting charge and disposition; 14 (8) Information relating to the applicant’s plea of nolo contendere to any charge or violation 15 including, but not limited to, the date applicant was arrested, the name of the city/town or arresting 16 agency, the state the plea occurred in, the arresting charge and disposition; 17 (9) Information relating to the applicant’s conviction record, including, but not limited to, 18 the date applicant was arrested, the name of the city/town or arresting agency, the state the arrest 19 occurred in, the arresting charge and disposition; 20 (10) Information relating to the applicant’s indictment in any court for a crime punishable 21 for more than one year, including, but not limited to, the name of the city/town or indicting agency, 22 the state of the indictment, the indicting charge and disposition; 23 (11) Information relating to whether the applicant was ever under a guardianship or been 24 subject confinement by virtue of being a mental incompetent, or who has been adjudicated or is 25 under treatment or confinement as a drug addict, including, but not limited to, the dates thereof; 26 and 27 (12) Information relating to the applicant’s current and prior applications for a permit to 28 carry a pistol or revolver from the Rhode Island attorney general, any local city or town, or any 29 other state, including, but not limited to, if any permit is active, denied or revoked, with the dates 30 and reasons thereof. The attorney general may require notarized photocopies of the front and back 31 of all valid permits. 32 (g) The attorney general may require only the following with the application from an out- 33 of-state applicant: 34 (1) A dated, signed and notarized typed statement from the applicant outlining the LC003348 - Page 11 of 21 1 applicant’s specific reasons and details regarding the applicant s need for a Rhode Island permit. If 2 the permit is to be used for employment, a typed and signed letter of explanation must be submitted 3 on the applicant’s employer’s letterhead and included with the application. In addition, the 4 applicant must submit a copy of the business license or other such evidence that the business exists. 5 (2) Two (2) 1” X 1” pictures of the applicant taken without headgear or glasses. This photo 6 must be a clear, colored picture of the head and face. The applicant must print their name on the 7 back of each picture. No laminated photos will be accepted. 8 (3) Copies of both the front and the back of two (2) types of positive identification for the 9 applicant, examples include, but are not limited to, birth certificate, United States Passport, a Rhode 10 Island or other state driver’s license or a Rhode Island identification card, concealed carry permit 11 issued by any state or political subdivision of any state, military identification, student identification 12 or social security card. At least one of these shall be a government issued photo identification. The 13 photocopies submitted shall be signed and dated by a notary public attesting to the photocopies as 14 being true copies. 15 (4) The application shall include the applicant’s full set of fingerprints submitted on a FBI 16 fingerprint identification card {FD-258 (Rev. 12-29-82 or successor version)} included with the 17 application. The fingerprint card shall be signed by the applicant. Submission of fingerprints shall 18 not necessary for a renewal application. 19 (5) Three (3) dated, signed and notarized typed reference letters from individuals who 20 personally know the applicant. The individuals used as references shall include on the letters the 21 following information: their full names, residence address, phone number with area code and the 22 years they have known the applicant. An applicant’s reference letter dated more than one hundred 23 and twenty days (120) prior to the date of the permit application will be considered invalid. 24 Reference letters shall be written by the reference, not the applicant, and cannot be identical. 25 Submission of letters of reference shall not be necessary for a renewal application. 26 (6) A certification that the applicant has qualified in accordance with § 11-47-15. (law 27 enforcement personnel may submit a certification of the Rhode Island combat course). An N.R.A. 28 instructor or a police range officer shall sign and complete the certification which shall include the 29 date of the qualification, the printed name, phone number of the instructor, instructor N.R.A. 30 number, the caliber of the weapon and the applicant’s score. An applicant’s qualification 31 certification dated more than one year prior to the date of the permit application will be considered 32 invalid. 33 (7) A copy of the N.R.A. instructor certification and/or the police officer’s range 34 certification shall be submitted with the application. LC003348 - Page 12 of 21 1 (8) The applicant’s legal residence may be required. The residency requirement may be 2 satisfied by any one of the following methods: the application may be signed by the applicant’s 3 local licensing authority; the application may be signed by the city or town chief of police; the 4 application may be signed by the city or town clerk; or the applicant may submit a certified or 5 notarized copy the applicant’s voter registration card. 6 (9) The applicant shall sign an affidavit certifying that the applicant has read and is familiar 7 with the provision of the firearms act, §§ 11-47-1 through 11-47-65, inclusive, as amended, and 8 acknowledges the penalties for violations of the provisions of the cited sections. The applicant shall 9 further attest that any alteration of the permit is just cause for revocation. The affidavit shall be 10 dated and notarized and shall indicate the date it was submitted to the licensing authority or the 11 police department. 12 (10) All non-resident applicants shall include a copy of both the front and the back of their 13 home state permit, if they have one. 14 (h) The licensing authority may only use the applicant’s social security number for the 15 background check. 16 (i) The attorney general shall, within ninety (90) days for an in-state applicant or one 17 hundred twenty (120) days for an out-of-state applicant from the receipt of a complete application 18 either approve or deny the application. 19 (1) If the application is approved, the attorney general may require the applicant to appear 20 at the department of attorney general to sign and submit a fingerprint card for the permit. 21 (2) If the attorney general denies the application, the applicant shall be notified, either by 22 mail or by phone, that the entire application is available for pick-up by the applicant. Any denial 23 shall be in writing and state with specificity the reason(s) and evidence upon which the denial was 24 based and the rationale for the denial. 25 (3) If the attorney general deems the application incomplete, then the applicant shall be 26 notified, either by mail or by phone, within five (5) business days from submitting the application, 27 that the entire application is available for pick-up by the applicant along with a written response 28 stating the reason(s) why the application was deemed incomplete. 29 (j) The provisions of §§ 11-47-35 and 11-47-35.2 shall not apply to persons licensed 30 pursuant to this section. 31 (k) The attorney general’s renewal application for a license to carry a pistol or revolver 32 shall require the following: 33 (1) The applicant shall submit a fully complete, signed, dated and notarized renewal 34 application to the attorney general prior to the expiration date of the permit. LC003348 - Page 13 of 21 1 (2) The renewal application shall include the information included in subsection (f) of this 2 section with the following exceptions: 3 (i) The three (3) dated, signed and notarized typed reference letters from individuals who 4 personally know the applicant are not required upon renewal. 5 (ii) The fingerprint card requirement is not required upon renewal. 6 (3) The attorney general shall, within sixty (60) days of receipt of the renewal application, 7 if there is no material change in the applicant’s renewal application, no material change in need and 8 no change in the applicant’s criminal history, automatically approve the renewal application. 9 (l) The attorney general shall establish and maintain an emergency permit extension on the 10 renewal application for a license to carry a pistol or revolver. 11 (1) The emergency permit extension is only available to renewal applicants who, at the 12 time of the application, have an unexpired four (4) year attorney general license to carry a pistol or 13 revolver and who must maintain this license for work purposes. 14 (2) A complete renewal application must be delivered to the department of attorney general 15 prior to the license expiration date. 16 (3) The attorney general shall, within three (3) business days of receipt of the renewal 17 application, if there is no material change in the applicant’s renewal application, no material change 18 in need and no change in the applicant’s criminal history, automatically approve and make available 19 the emergency permit. 20 (4) A fee of fifty dollars ($50.00) shall be paid to the attorney general for the emergency 21 permit extension upon the issuance of the emergency permit. 22 (5) An emergency license to carry a pistol or revolver will be valid for ninety (90) days 23 only. 24 (6) Nothing in the emergency permit extension section shall be construed or interpreted to 25 stay or toll the time periods in the renewal process as outlined in § 11-47-11(e). 26 11-47-20. Sale or possession of silencers. 27 (a) It shall be unlawful within this state to manufacture, sell, purchase, or possess and/or 28 use a firearm, with an overall length of less than seventeen inches (17”) that has attached any 29 muffler, silencer, or device for deadening or muffling the sound of a firearm when discharged; 30 provided, however, that law enforcement officers utilizing said devices while acting within the 31 scope of their official duties, as tactical teams and under the direct supervision of the police chief 32 or the colonel of the state police or their designee, shall not be in violation of this section. 33 (b) Violations of this section shall be punished by imprisonment for not less than one year 34 and one day. LC003348 - Page 14 of 21 1 SECTION 2. Section 38-2-2 of the General Laws in Chapter 38-2 entitled Access to Public 2 Records is hereby amended to read as follows: 3 38-2-2. Definitions. 4 As used in this chapter: 5 (1) “Agency” or “public body” means any executive, legislative, judicial, regulatory, or 6 administrative body of the state, or any political subdivision thereof; including, but not limited to: 7 any department, division, agency, commission, board, office, bureau, authority; any school, fire, or 8 water district, or other agency of Rhode Island state or local government that exercises 9 governmental functions; any authority as defined in § 42-35-1(b); or any other public or private 10 agency, person, partnership, corporation, or business entity acting on behalf of and/or in place of 11 any public agency. 12 (2) “Chief administrative officer” means the highest authority of the public body. 13 (3) “Public business” means any matter over which the public body has supervision, 14 control, jurisdiction, or advisory power. 15 (4) “Public record” or “public records” shall mean all documents, papers, letters, maps, 16 books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data 17 processing records, computer stored data (including electronic mail messages, except specifically 18 for any electronic mail messages of or to elected officials with or relating to those they represent 19 and correspondence of or to elected officials in their official capacities), or other material regardless 20 of physical form or characteristics made or received pursuant to law or ordinance or in connection 21 with the transaction of official business by any agency. For the purposes of this chapter, the 22 following records shall not be deemed public: 23 (A)(I)(a) All records relating to a client/attorney relationship and to a doctor/patient 24 relationship, including all medical information relating to an individual in any files. 25 (b) Personnel and other personal individually identifiable records otherwise deemed 26 confidential by federal or state law or regulation, or the disclosure of which would constitute a 27 clearly unwarranted invasion of personal privacy pursuant to 5 U.S.C. § 552 et seq.; provided, 28 however, with respect to employees, and employees of contractors and subcontractors working on 29 public works projects that are required to be listed as certified payrolls, the name, gross salary, 30 salary range, total cost of paid fringe benefits, gross amount received in overtime, and any other 31 remuneration in addition to salary, job title, job description, dates of employment and positions 32 held with the state, municipality, or public works contractor or subcontractor on public works 33 projects, employment contract, work location, and/or project, business telephone number, the city 34 or town of residence, and date of termination shall be public. For the purposes of this section LC003348 - Page 15 of 21 1 “remuneration” shall include any payments received by an employee as a result of termination, or 2 otherwise leaving employment, including, but not limited to, payments for accrued sick and/or 3 vacation time, severance pay, or compensation paid pursuant to a contract buy-out provision. For 4 purposes of this section, the city or town residence shall not be deemed public for peace officers, 5 as defined in § 12-7-21, and shall not be released. 6 (II) Notwithstanding the provisions of this section, or any other provision of the general 7 laws to the contrary, the pension records of all persons who are either current or retired members 8 of any public retirement systems, as well as all persons who become members of those retirement 9 systems after June 17, 1991, shall be open for public inspection. “Pension records” as used in this 10 section, shall include all records containing information concerning pension and retirement benefits 11 of current and retired members of the retirement systems and future members of said systems, 12 including all records concerning retirement credits purchased and the ability of any member of the 13 retirement system to purchase retirement credits, but excluding all information regarding the 14 medical condition of any person and all information identifying the member’s designated 15 beneficiary or beneficiaries unless and until the member’s designated beneficiary or beneficiaries 16 have received or are receiving pension and/or retirement benefits through the retirement system. 17 (B) Trade secrets and commercial or financial information obtained from a person, firm, 18 or corporation that is of a privileged or confidential nature. 19 (C) Child custody and adoption records, records of illegitimate births, and records of 20 juvenile proceedings before the family court. 21 (D) All records maintained by law enforcement agencies for criminal law enforcement and 22 all records relating to the detection and investigation of crime, including those maintained on any 23 individual or compiled in the course of a criminal investigation by any law enforcement agency. 24 Provided, however, such records shall not be deemed public only to the extent that the disclosure 25 of the records or information (a) Could reasonably be expected to interfere with investigations of 26 criminal activity or with enforcement proceedings; (b) Would deprive a person of a right to a fair 27 trial or an impartial adjudication; (c) Could reasonably be expected to constitute an unwarranted 28 invasion of personal privacy; (d) Could reasonably be expected to disclose the identity of a 29 confidential source, including a state, local, or foreign agency or authority, or any private institution 30 that furnished information on a confidential basis, or the information furnished by a confidential 31 source; (e) Would disclose techniques and procedures for law enforcement investigations or 32 prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions; or 33 (f) Could reasonably be expected to endanger the life or physical safety of any individual. Records 34 relating to management and direction of a law enforcement agency and records or reports reflecting LC003348 - Page 16 of 21 1 the initial arrest of an adult and the charge or charges brought against an adult shall be public. 2 (E) Any records that would not be available by law or rule of court to an opposing party in 3 litigation. 4 (F) Scientific and technological secrets and the security plans of military and law 5 enforcement agencies, the disclosure of which would endanger the public welfare and security. 6 (G) Any records that disclose the identity of the contributor of a bona fide and lawful 7 charitable contribution to the public body whenever public anonymity has been requested of the 8 public body with respect to the contribution by the contributor. 9 (H) Reports and statements of strategy or negotiation involving labor negotiations or 10 collective bargaining. 11 (I) Reports and statements of strategy or negotiation with respect to the investment or 12 borrowing of public funds, until such time as those transactions are entered into. 13 (J) Any minutes of a meeting of a public body that are not required to be disclosed pursuant 14 to chapter 46 of title 42. 15 (K) Preliminary drafts, notes, impressions, memoranda, working papers, and work 16 products, including those involving research at state institutions of higher education on commercial, 17 scientific, artistic, technical, or scholarly issues, whether in electronic or other format; provided, 18 however, any documents submitted at a public meeting of a public body shall be deemed public. 19 (L) Test questions, scoring keys, and other examination data used to administer a licensing 20 examination, examination for employment or promotion, or academic examinations; provided, 21 however, that a person shall have the right to review the results of his or her examination. 22 (M) Correspondence of or to elected officials with or relating to those they represent and 23 correspondence of or to elected officials in their official capacities. 24 (N) The contents of real estate appraisals, engineering, or feasibility estimates and 25 evaluations made for or by an agency relative to the acquisition of property or to prospective public 26 supply and construction contracts, until such time as all of the property has been acquired or all 27 proceedings or transactions have been terminated or abandoned; provided the law of eminent 28 domain shall not be affected by this provision. 29 (O) All tax returns. 30 (P) All investigatory records of public bodies, with the exception of law enforcement 31 agencies, pertaining to possible violations of statute, rule, or regulation other than records of final 32 actions taken, provided that all records prior to formal notification of violations or noncompliance 33 shall not be deemed to be public. 34 (Q) Records of individual test scores on professional certification and licensing LC003348 - Page 17 of 21 1 examinations; provided, however, that a person shall have the right to review the results of his or 2 her examination. 3 (R) Requests for advisory opinions until such time as the public body issues its opinion. 4 (S) Records, reports, opinions, information, and statements required to be kept confidential 5 by federal law or regulation or state law or rule of court. 6 (T) Judicial bodies are included in the definition only in respect to their administrative 7 function provided that records kept pursuant to the provisions of chapter 16 of title 8 are exempt 8 from the operation of this chapter. 9 (U) Library records that, by themselves or when examined with other public records, would 10 reveal the identity of the library user requesting, checking out, or using any library materials. 11 (V) Printouts from TELE — TEXT devices used by people who are deaf or hard of hearing 12 or speech impaired. 13 (W) All records received by the insurance division of the department of business regulation 14 from other states, either directly or through the National Association of Insurance Commissioners, 15 if those records are accorded confidential treatment in that state. Nothing contained in this title or 16 any other provision of law shall prevent or be construed as prohibiting the commissioner of 17 insurance from disclosing otherwise confidential information to the insurance department of this 18 or any other state or country, at any time, so long as the agency or office receiving the records 19 agrees in writing to hold it confidential in a manner consistent with the laws of this state. 20 (X) Credit card account numbers in the possession of state or local government are 21 confidential and shall not be deemed public records. 22 (Y) Any documentary material, answers to written interrogatories, or oral testimony 23 provided under any subpoena issued under § 9-1.1-6. 24 (Z) Any individually identifiable evaluations of public school employees made pursuant to 25 state or federal law or regulation. 26 (AA) All documents prepared by school districts intended to be used by school districts in 27 protecting the safety of their students from potential and actual threats. 28 (BB) The list of teachers terminated for good and just cause maintained by the department 29 of education pursuant to § 16-13-9. 30 (CC) All documents, records and any records of proceedings involving the application 31 submitted pursuant to §§ 11-47-11 or 11-47-18 or an appeal pursuant to § 11-47-65, before a 32 licensing authority, the department of attorney general and the superior court are not open to the 33 public. 34 SECTION 3. Chapter 11-47 of the General Laws entitled Weapons is hereby amended LC003348 - Page 18 of 21 1 by adding thereto the following section: 2 11-47-65. Review and appeal of the decision of the licensing authority or attorney 3 general. 4 (a) A decision denying a firearms permit pursuant to either §§ 11-47-11 or 11-47-18 shall 5 be final unless further review and/or appeal is initiated in writing within fifteen (15) days after the 6 decision has been mailed to the applicant at the address listed on the application. 7 (b) An aggrieved individual may submit a written request to reconsider the denial to the 8 licensing authority or the department of attorney general. Any request for reconsideration must be 9 submitted within fifteen (15) days after the decision has been mailed to the address provided by the 10 applicant. 11 (1) The licensing authority or the department of attorney general shall schedule and conduct 12 an in-person meeting within thirty (30) days of the request to review and discuss the decision. Said 13 meeting shall only be scheduled or rescheduled beyond the initial thirty (30) day period by 14 agreement of the parties and/or for good cause, but in no event exceed sixty (60) days. 15 (2) The applicant may submit any supplemental documentation or written evidence relative 16 to the application, which shall become part of the application. 17 (3) The meeting shall be conducted as an informal meeting, not as an administrative 18 hearing. The licensing authority or the department of attorney general shall receive and consider 19 documents and other evidence without regard to statutory and common law rules. No stenographic 20 record, transcription, video, audio or other recording shall be allowed. 21 (4) The applicant may be represented at this meeting by an attorney. 22 (5) The licensing authority or the department of attorney general shall within fourteen (14) 23 days after the meeting mail a decision to the applicant granting or denying the application. Any 24 denial shall be in writing and state with specificity the reason(s) and evidence upon which the denial 25 was based and the rationale for the denial. 26 (c) An aggrieved individual may submit an appeal of the decision denying a firearms permit 27 pursuant to the decision of the request to reconsider to the superior court of the State of Rhode 28 Island for the county in which the licensing authority or attorney general is located, in the form of 29 a miscellaneous petition, within fifteen (15) days after the decision has been mailed to the applicant 30 at the address listed on the application. 31 (1) The petition for review shall state the grounds upon which review is sought but need 32 not be verified. 33 (2) Upon appeal, the petitioner is entitled to a trial de novo before a justice of the superior 34 court without a jury. LC003348 - Page 19 of 21 1 (3) Within thirty (30) days of the filing of the notice of appeal the licensing authority or 2 attorney general shall provide a full, complete and certified copy of the application and all 3 submitted documents to both the petitioner and the superior court. 4 (d) Pursuant to chapter 2 of title 38, the request to reconsider and the appeal to superior 5 court, shall not be deemed public. All documents, records and proceedings before the licensing 6 authority, the department of attorney general and the superior court are not open to the public but 7 may be accessed by law enforcement personnel to be used for law enforcement purposes only and 8 shall otherwise remain confidential. 9 (e) An applicant may have their hearing open to the public upon written request to the 10 superior court. 11 (f) The superior court shall award reasonable attorney fees, costs and filing fees to the 12 prevailing applicant if the court finds that there is no justiciable issue of either law of fact or to the 13 prevailing applicant if the licensing authority or the department of attorney general did not have a 14 good faith basis in the denial of the license or permit. 15 SECTION 4. Chapter 20-13 of the General Laws entitled Hunting and Hunting Safety is 16 hereby amended by adding thereto the following section: 17 20-13-19. Hunting with suppressor. 18 (a) An individual in lawful possession of a device that will silence, suppress, or muffle the 19 sound of natural report of a rifle or shotgun when the rifle or shotgun is discharged may, at the 20 individual s sole discretion, use such device to hunt any game for which the individual is licensed; 21 provided the host rifle or shotgun to which the device is attached complies with the provisions of § 22 20-13-13. 23 (b) No city, town committee, board or state or local agency may enact rules, regulations or 24 ordinances requiring or in any other manner mandating the use of a device that will silence, 25 suppress, or muffle the sound of natural report of a rifle or shotgun. 26 SECTION 5. This act shall take effect upon passage. ======== LC003348 ======== LC003348 - Page 20 of 21 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO CRIMINAL OFFENSES -- WEAPONS *** 1 This act would define suitable person for purposes of possessing and having a concealed 2 carry pistol permit, would establish reasons for applying for a concealed carry permit for both in- 3 state and out-of-state residents, would recognize a concealed weapon permit or license by a 4 reciprocal state, would establish what information is required on applications for carry permits, 5 establish time limits and an appeal process when an application is denied, provides that records 6 relating to carry permits and appeals is not a public record and would permit the use of silence or 7 suppressor for use in hunting. 8 This act would take effect upon passage. ======== LC003348 ======== LC003348 - Page 21 of 21