§ 11-47-35.2 - Sale of rifles/shotguns.

SECTION 11-47-35.2

   § 11-47-35.2  Sale of rifles/shotguns.– (a) No person shall deliver a rifle or shotgun 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 rifle orshotgun shall be unloaded and securely wrapped, with the bill of sale for it tobe enclosed within the wrapper with the rifle or shotgun. Any citizen of theUnited States and/or lawful resident of this state who is eighteen (18) yearsof age or older, and any non-resident member of the armed forces of the UnitedStates who is stationed in this state and who is eighteen (18) years of age orolder, may, upon application, purchase or acquire a rifle or shotgun. At thetime of applying for the purchase of a shotgun or rifle the purchaser shallcomplete and sign in triplicate and deliver to the seller the application formdescribed in this section, and in no case shall it contain the serial number ofthe rifle or shotgun.

   (Face of application form)

   Application to Purchase Shotgun or Rifle

   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 General Laws of Rhode Island)

   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 shotgun or rifle 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 – 11-47-59, 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.

   Signed

   County of

   State of Rhode Island

   Subscribed and sworn before me this. . . . dayof. . . . A.D. 20. . .

   Notary Public

   

   (b) The person who is selling the rifle or shotgun shall, onthe date 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 seller 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 time of receipt and return it by the most expeditious means to theseller. The triplicate copy duly signed by the seller shall within seven (7)days be sent by him or her by registered mail to the attorney general. Theperson shall retain the original copy duly receipted by the police authority towhom sent or delivered for a period of six (6) years with other records of thesale. It shall be the duty of the police authority to whom the duplicate copyof the application form is sent or delivered to make a background check of theapplicant to ascertain whether he or she falls under the provisions of §11-47-5, 11-47-6, 11-47-7, or 11-47-23. If, after the lapse of seven (7) daysfrom twelve o'clock (12:00) noon of the day following application, nodisqualifying information has been received from the investigating policeauthority by the person who is selling the rifle or shotgun, he or she willdeliver the firearm applied for to the applicant. Upon the finding of nodisqualifying information under the provisions of the above cited sections ofthis chapter, and in no case later than thirty (30) days after the date ofapplication, the duplicate and triplicate copies of the application will bedestroyed. Retention of the duplicate and triplicate copies in violation ofthis chapter or any unauthorized use of the information contained in them by aperson or agency shall be punishable by a fine of not more than one thousanddollars ($1,000). The provisions of this section shall not apply to bona fidesales at wholesale to duly licensed retail dealers, nor to purchases by retaildealers duly licensed under the provisions of § 11-47-39.

   (c) The provisions of this section shall not apply tofull-time members of the state police, full-time members of city or town policedepartments, persons licensed under §§ 11-47-9 and 11-47-11, or tosales of air rifles or " BB guns" or to sales of antique firearms as defined in§ 11-47-2.