|
2008 -- S 2742 | |
|
======= | |
|
LC00512 | |
|
======= | |
|
STATE OF RHODE ISLAND | |
|
| |
|
IN GENERAL ASSEMBLY | |
|
| |
|
JANUARY SESSION, A.D. 2008 | |
|
| |
|
____________ | |
|
| |
|
A N A C T | |
|
RELATING TO CRIMINAL OFFENSES - WEAPONS | |
|
|
|
|
|
|
|
Introduced By: Senator William A. Walaska | |
|
Date Introduced: February 26, 2008 | |
|
Referred To: Senate Judiciary | |
|
It is enacted by the General Assembly as follows: | |
|
1-1 |
SECTION 1. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended |
|
1-2 |
by adding thereto the following section: |
|
1-3 |
11-47-63. Prohibition on possession or sale of non-coded ammunition. -- (a) All |
|
1-4 |
handgun and assault weapon ammunition manufactured or sold in the state after January 1, 2009, |
|
1-5 |
shall be coded by the manufacturer: |
|
1-6 |
(i) The calibers covered by the coding requirement shall include: |
|
1-7 |
.22, .25, .357, .380, .40, .45, 9 mm and 10 mm. |
|
1-8 |
(b) No later than January 1, 2011 all non-coded ammunition for the calibers listed in this |
|
1-9 |
chapter, whether owned by private citizens or retail outlets, must be disposed. |
|
1-10 |
(c) "Rhode Island state crime lab" shall be responsible for establishing and maintaining |
|
1-11 |
an Ammunition Coding System Database (ACSD) containing the following information: |
|
1-12 |
(1) Manufacturer registry – Manufacturers shall: |
|
1-13 |
(a) Register with the Rhode Island state crime lab in a manner prescribed by the |
|
1-14 |
department through rule; and |
|
1-15 |
(b) Maintain records on the business premises for a period of seven (7) years concerning |
|
1-16 |
all sales, loans, and transfers of ammunition, to, from, or within the state. |
|
1-17 |
(2) Vendor registry – Vendors shall: |
|
1-18 |
(a) Register with the Rhode Island state crime lab in a manner prescribed by the |
|
1-19 |
department through rule; and |
|
2-1 |
(b) Record the following information in a format prescribed by the Rhode Island state |
|
2-2 |
crime lab: |
|
2-3 |
(i) The date of the transaction. |
|
2-4 |
(ii) The name of the transferee. |
|
2-5 |
(iii) The purchaser's driver's license number or other government issued identification |
|
2-6 |
card number. |
|
2-7 |
(iv) The date of birth of the purchaser. |
|
2-8 |
(v) The unique identifier of all handgun ammunition or bullets transferred. |
|
2-9 |
(vi) All other information prescribed by the Rhode Island state crime lab. |
|
2-10 |
(c) Maintain records on the business premises for a period of three (3) years from the date |
|
2-11 |
of the recorded purchase. |
|
2-12 |
(d) To the greatest extent possible or practical, the ACSD shall be built within the |
|
2-13 |
framework of existing firearms databases. The ACSD shall be operational no later than January 1, |
|
2-14 |
2009. |
|
2-15 |
(e) Privacy of individuals is of the utmost importance. Access to information in the |
|
2-16 |
ACSD is reserved for key law enforcement personnel and to be released only in connection with a |
|
2-17 |
criminal investigation. |
|
2-18 |
(f) Any vendor that willfully fails to comply with, or falsifies the records required to be |
|
2-19 |
kept by this section is guilty of a misdemeanor punishable by imprisonment not to exceed one |
|
2-20 |
year, and/or a fine of one thousand dollars ($1,000). |
|
2-21 |
(g) Any manufacturer that fails to comply with the provisions of this section shall be |
|
2-22 |
liable for a civil fine of not more than one thousand dollars ($1,000) for a first violation, not more |
|
2-23 |
than five thousand dollars ($5,000) for a second violation, and not more than ten thousand dollars |
|
2-24 |
($10,000) for a third and subsequent violation. |
|
2-25 |
(h) Any person who willfully destroys, obliterates, or otherwise renders unreadable, the |
|
2-26 |
serialization required pursuant to this section, on any bullet or assembled ammunition is |
|
2-27 |
punishable by imprisonment not to exceed one year, and/or a fine of one thousand dollars |
|
2-28 |
($1,000). |
|
2-29 |
(i) There is hereby established the coded ammunition fund for deposit of the end-user |
|
2-30 |
fees described in this section. Moneys in the fund, upon appropriation, shall be available to the |
|
2-31 |
Rhode Island state crime lab for infrastructure, implementation, operational, enforcement, and |
|
2-32 |
future development costs of this chapter. |
|
2-33 |
(j) Ammunition manufactures based within this state may submit a one-time tax credit |
|
2-34 |
application for cost of purchasing ammunition coding equipment. All applications must be |
|
3-1 |
submitted by January 1, 2010. |
|
3-2 |
(k) For purposes of this section, "coded ammunition" shall mean a bullet carrying a |
|
3-3 |
unique identifier that has been applied by etching onto the base of the bullet projectile. |
|
3-4 |
SECTION 2. This act shall take effect upon passage. |
|
| |
|
======= | |
|
LC00512 | |
|
======= | |
|
EXPLANATION | |
|
BY THE LEGISLATIVE COUNCIL | |
|
OF | |
|
A N A C T | |
|
RELATING TO CRIMINAL OFFENSES - WEAPONS | |
|
*** | |
|
4-1 |
This act would establish the ammunition accountability act. |
|
4-2 |
This act would take effect upon passage. |
|
| |
|
======= | |
|
LC00512 | |
|
======= |