Rhode Island General Laws 11-47-2. Definitions
When used in this chapter, the following words and phrases are construed as follows:
(1) “3D printing process” means 3D printing or additive manufacturing which is a process of making three (3) dimensional solid objects from a computer file and shall include any of various processes in which material is joined or solidified under computer control to create a three (3) dimensional object, with material being added together including liquid molecules or powder grains.
(2) “Antique firearm” is defined as that term is defined under the provisions of 18 U.S.C. § 921.
(3) “Binary trigger” means a device that replaces a standard trigger on a semi-automatic weapon and is designed to fire one round on the pull of the trigger and another round upon release of the trigger.
(4) “Bump-fire stock” means any device that replaces a semi-automatic weapon’s standard stock and is designed to slide back and forth rapidly, harnessing the weapon’s recoil to rapidly fire the weapon.
(5) “Crime of violence” means and includes any of the following crimes or an attempt to commit any of them: murder, manslaughter, rape, first- or second-degree sexual assault, first- or second-degree child molestation, kidnapping, first- and second-degree arson, mayhem, robbery, burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a controlled substance classified in schedule I or schedule II of § 21-28-2.08, any violation of § 21-28-4.01.1 or § 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a dangerous weapon, assault or battery involving grave bodily injury, or assault with intent to commit any offense punishable as a felony; upon any conviction of an offense punishable as a felony offense under § 12-29-5.
(6) “Firearm” includes any machine gun, pistol, rifle, air rifle, air pistol, “blank gun,” “BB gun,” or other instrument from which steel or metal projectiles are propelled, or that may readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except instruments propelling projectiles that are designed or normally used for a primary purpose other than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under the provisions of this section.
(7) “Fugitive from justice” means any person who has fled from any state, territory, the District of Columbia, or possession of the United States to avoid prosecution for a crime of violence or to avoid giving testimony in any criminal proceeding.
(8) “Ghost gun” means a firearm, including a frame or receiver, that lacks a unique serial number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. It does not include a firearm that has been rendered permanently inoperable, or a firearm that is not required to have a serial number in accordance with the federal Gun Control Act of 1968.
(9) “Licensing authorities” means the board of police commissioners of a city or town where the board has been instituted, the chief of police or superintendent of police of other cities and towns having a regular organized police force, and, in towns where there is no chief of police or superintendent of police, it means the town clerk who may issue licenses upon the recommendation of the town sergeant, and it also means any other person or body duly authorized by the city or town charter or by state law.
(10) “Machine gun” means any weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot, without manual reloading, by a single function of the trigger. The term also includes the frame or receiver of the weapon, any combination of parts designed and intended for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if the parts are in the possession or under the control of a person.
(11) “Major component” means, with respect to a firearm:
(i) The slide or cylinder or the frame or receiver of the firearm; and
(ii) In the case of a rifle or shotgun, includes the barrel of the firearm.
(12) “Person” includes an individual, partnership, firm, association, or corporation.
(13) “Pistol” includes any pistol or revolver, and any shotgun, rifle, or similar weapon with overall length less than twenty-six inches (26?), but does not include any pistol or revolver designed for the use of blank cartridges only.
(14) “Rifle” shall have the same meaning as in 26 U.S.C. § 5845(c), and by barrel length and overall length not be subject to registration pursuant to the National Firearms Act, 26 U.S.C. ch. 53 (prior § 5801 et seq.).
(15) “Sawed-off rifle” means any rifle with overall length of less than twenty-six inches (26?) or barrel length of less than sixteen inches (16?).
(16) “Sawed-off shotgun” means any shotgun with overall length of less than twenty-six inches (26?) or barrel length of less than eighteen inches (18?).
(17) “Sell” includes let or hire, give, lend, and transfer, and “purchase” includes hire, accept, and borrow, and “purchasing” shall be construed accordingly.
(18) “Shotgun” shall have the same meaning as in 26 U.S.C. § 5845(d), and by barrel length and overall length not be subject to registration pursuant to the National Firearms Act, 26 U.S.C. ch. 53 (prior § 5801 et seq.).
(19) “Trigger crank” means a trigger actuator that attaches to the trigger of a semi-automatic weapon and causes the weapon to fire by turning the crank handle.
(20) “Undetectable firearm” means any firearm that:
(i) After removal of all parts, other than a major component, is not as detectable by walk-through metal detectors commonly used at airports or other public buildings; or
(ii) Any major component of which, if subjected to inspection by the types of detection devices commonly used at airports or other public buildings for security screening, would not generate an image that accurately depicts the shape of the component; or
(iii) Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or
(iv) Upon which the frame or receiver lacks a unique serial number engraved or cased into on the frame or receiver by a licensed manufacturer, maker, or importer under federal law, or markings in accordance with 27 C.F.R. § 479.102. Provided, however, this subsection shall not apply to any firearm rendered permanently inoperable or a firearm manufactured prior to 1968.
History of Section.
P.L. 1927, ch. 1052, § 1; G.L. 1938, ch. 404, § 1; P.L. 1950, ch. 2452, § 1; G.L. 1956, § 11-47-2; P.L. 1959, ch. 75, § 1; P.L. 1974, ch. 184, § 1; P.L. 1975, ch. 278, § 1; P.L. 1988, ch. 660, § 1; P.L. 1989, ch. 542, § 7; P.L. 1991, ch. 333, § 1; P.L. 1995, ch. 153, § 1; P.L. 1996, ch. 275, § 1; P.L. 2012, ch. 213, § 1; P.L. 2012, ch. 232, § 1; P.L. 2018, ch. 5, § 1; P.L. 2018, ch. 8, § 1; P.L. 2020, ch. 9, § 1; P.L. 2020, ch. 10, § 1; P.L. 2022, ch. 133, § 1, effective June 21, 2022; P.L. 2022, ch. 134, § 1, effective June 21, 2022.
Terms Used In Rhode Island General Laws 11-47-2
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Crime of violence: means and includes any of the following crimes or an attempt to commit any of them: murder, manslaughter, rape, first- or second-degree sexual assault, first- or second-degree child molestation, kidnapping, first- and second-degree arson, mayhem, robbery, burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a controlled substance classified in schedule I or schedule II of Rhode Island General Laws 11-47-2
- Firearm: includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun" "BB gun" or other instrument from which steel or metal projectiles are propelled, or that may readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except instruments propelling projectiles that are designed or normally used for a primary purpose other than as a weapon. See Rhode Island General Laws 11-47-2
- Machine gun: means any weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot, without manual reloading, by a single function of the trigger. See Rhode Island General Laws 11-47-2
- Major component: means , with respect to a firearm:
(i) The slide or cylinder or the frame or receiver of the firearm; and
(ii) In the case of a rifle or shotgun, includes the barrel of the firearm. See Rhode Island General Laws 11-47-2
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes an individual, partnership, firm, association, or corporation. See Rhode Island General Laws 11-47-2
- Pistol: includes any pistol or revolver, and any shotgun, rifle, or similar weapon with overall length less than twenty-six inches (26?), but does not include any pistol or revolver designed for the use of blank cartridges only. See Rhode Island General Laws 11-47-2
- Sell: includes let or hire, give, lend, and transfer, and "purchase" includes hire, accept, and borrow, and "purchasing" shall be construed accordingly. See Rhode Island General Laws 11-47-2
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
- United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8