§ 11-47-35 - Sale of concealable weapons – Safety courses and tests – Review board – Issuance of permits to certain government officers.
SECTION 11-47-35
§ 11-47-35 Sale of concealable weapons– Safety courses and tests – Review board – Issuance of permitsto certain government officers. – (a) No person shall deliver a pistol or revolver to a purchaser until seven (7)days shall have elapsed from twelve o'clock (12:00) noon of the day followingthe day of application for the purchase, and when delivered, the pistol orrevolver shall be unloaded and securely wrapped, with the bill of sale to beenclosed within the wrapper with the pistol or revolver. Any citizen of theUnited States and/or lawful resident of this state who is twenty-one (21) yearsof age or older, and any nonresident member of the armed forces of the UnitedStates who is stationed in this state and who is twenty-one (21) years of ageor older, may upon application purchase or acquire a pistol or revolver. At thetime of applying for the purchase of a concealable firearm, the purchasershall: (i) complete and sign in triplicate and deliver to the person sellingthe pistol or revolver the application form described in this section, and inno case shall it contain the serial number of the pistol or revolver; and (ii)shall present to the person selling the pistol or revolver a pistol/revolversafety certificate issued by the department of environmental management. Thecertificate shall be retained in the possession of the buyer. Thepistol/revolver safety certificate shall certify that the purchaser hascompleted a basic pistol/revolver safety course as shall be administered by thedepartment of environmental management.
(Face of application form)
Application to Purchase Pistol or Revolver
Date Hour A.M. P.M.
Name
Address
(Street and number) (Cityor town) (State)
Date of Birth Place of Birth
Height Weight Color hair
Color eyes
Scars
Tattoos
Other identifying marks
Are you a citizen of the United States
Are you a citizen of Rhode Island
How long
Where stationed
(Armed Forces only)
Have you ever been convicted of a crime of violence
(See § 11-47-2)
Have you ever been adjudicated or under confinement asaddicted to a controlled substance
Have you ever been adjudicated or under confinement foralcoholism
Have you ever been confined or treated for mental illness
From whom is pistol or revolver being purchased
Seller's address
Seller's signature
Applicant's signature
(See § 11-47-23 for penalty for false information onthis application)
(Reverse side of application form)
AFFIDAVIT: I certify that I have read and am familiar withthe provisions of §§ 11-47-1 – 11-47-55, inclusive, of thegeneral laws of the State of Rhode Island and Providence Plantations, and thatI am aware of the penalties for violation of the provisions of the citedsections. I further certify that I have completed the required basicpistol/revolver safety course.
Signed
(over)
County of
State of Rhode Island
Subscribed and sworn before me this. . . . dayof. . . . A.D. 20. .
Notary Public
(2) The person selling the pistol or revolver shall on thedate of application sign and forward by registered mail or by delivery inperson the original and duplicate copies of the application to thesuperintendent of the Rhode Island state police or the chief of police in thecity or town in which the person has his or her residence or place of business.The superintendent of the Rhode Island state police or the chief of police inthe city or town in which the person has his or her residence or place ofbusiness shall mark or stamp the original copy of the application form with thedate and the time of receipt and return it by the most expeditious means to theperson who is selling the pistol or revolver. The triplicate copy duly signedby the person who is selling the pistol or revolver shall within seven (7) daysbe sent by him or her by registered mail to the attorney general. The personwho is selling the pistol or revolver shall retain the original copy dulyreceipted by the police authority to whom sent or delivered for a period of six(6) years with other records of the sale. It shall be the duty of the policeauthority to whom the duplicate copy of the application form is sent ordelivered to make a background check of the applicant to ascertain whether heor she falls under the provisions of § 11-47-5, 11-47-6, 11-47-7, or11-47-23. If, after the lapse of seven (7) days from twelve o'clock (12:00)noon of the day following application, no disqualifying information has beenreceived from the investigating police authority by the person who is sellingthe pistol or revolver, he or she will deliver the firearm applied for to theapplicant. Upon the finding of no disqualifying information under theprovisions of the above cited sections of this chapter, and in no case laterthan thirty (30) days after the date of application, the duplicate andtriplicate copies of the application will be destroyed. Retention of theduplicate and triplicate copies in violation of this section or anyunauthorized use of the information contained in the copies by a person oragency shall be punishable by a fine of not more than one thousand dollars($1,000). The provisions of this section shall not apply to bona fide sales atwholesale to duly licensed retail dealers, nor to purchases by retail dealersduly licensed under the provisions of § 11-47-39.
(b) The department of environmental management shallestablish the basic pistol/revolver safety course required by this section. Thesafety course shall consist of not less than two (2) hours of instruction inthe safe use and handling of pistols and revolvers and the course shall beavailable to buyers continually throughout the year at convenient times andplaces but at least monthly at locations throughout the state, or morefrequently as required. Proficiency in the use of pistols or revolvers shallnot be prerequisite to the issuance of the safety certificate. No person shallbe required to complete the course more than once; provided, that any personcompleting the course who is unable to produce the safety certificate issued bythe department of environmental management shall be required to take the courseagain unless the person provides evidence to the department that he or she hassuccessfully completed the course.
(2) The administration of the basic pistol/revolver safetycourse required by this section shall not exceed the cost of thirty-fivethousand dollars ($35,000) in any fiscal year.
(c) Proof of passage of the department of environmentalmanagement's basic hunter safety course will be equivalent to thepistol/revolver safety certificate mandated by this section.
(d) Any person who has reason to believe that he or she doesnot need the required handgun safety course may apply by any written means tothe department of environmental management to take an objective test on thesubject of matter of the handgun safety course. The test shall be prepared, aswell as an instruction manual upon which the test shall be based, by thedepartment. The manual shall be made available by any means to the applicantwho may, within the time limits for application, take the objective test at thedepartment or at any location where the handgun safety course is being given.Any person receiving a passing grade on the test shall be issued apistol/revolver safety certificate by the department.
(e) [Deleted by P.L. 2005, ch. 20, § 11 and P.L.2005, ch. 27, § 11].
(f) The following persons shall be issued basicpistol/revolver permits by the department of environmental management:sheriffs, deputy sheriffs, the superintendent and members of the state police,prison or jail wardens or their deputies, members of the city or town policeforce, members of the park police, conservation officers, members of theairport police and officers of the United States government authorized by lawto carry a concealed firearm and, at the discretion of the department ofenvironmental management, any person who can satisfactorily establish that heor she formerly held one of these offices or were so authorized.
(g) Any person who is serving in the Army, Navy, Air Force,Marine Corps or Coast Guard on active duty shall not be required to obtain abasic pistol/revolver safety certificate or basic pistol/revolver permit underthis section so long as he or she remains on active duty.
(h) Any person who is serving in the active reservecomponents of the Army, Navy, Air Force, Marine Corps or Coast Guard, or anyperson in an active duty paid status in the Rhode Island National Guard, shallnot be required to obtain a basic pistol/revolver safety certificate under thissection so long as he or she remains in active status.