Ghost Guns, Undetectable Firearms, and 3D-Printed Weapons

Rhode Island General Laws Section 11-47-8(e)^[1] prohibits the possession, manufacture, sale, and transfer of three categories of weapons: unserialized firearms (ghost guns), undetectable firearms, and 3D-printed firearms.

Scope of the Ban

The prohibition covers three distinct categories, each of which is defined in Section 11-47-2 rather than in Section 11-47-8(e) itself. Unserialized firearms, commonly called ghost guns, are defined in RIGL 11-47-2 as any 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, with the exclusions in that definition. An undetectable firearm is any firearm that, 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 any firearm with a major component that would not generate an image that accurately depicts the shape of the component on the detection devices commonly used at airports or other public buildings for security screening. The undetectable firearm definition also covers a firearm manufactured wholly of plastic, fiberglass, or through a 3D printing process, and a firearm whose frame or receiver lacks a unique serial number engraved or cased into 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. Section 11-47-8(e) covers any firearm produced by a 3D printing process, which RIGL 11-47-2 defines as 3D printing or additive manufacturing, a process of making three-dimensional solid objects from a computer file. The law treats all three categories as prohibited. The ghost gun definition in RIGL 11-47-2 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. The undetectable firearm definition ends with a proviso that it shall not apply to any firearm rendered permanently inoperable or a firearm manufactured prior to 1968.^[2]

Limited Exception for FFL Type 07

Subsection (e) contains one exception, for federally licensed manufacturers (Federal Firearm License Type 07) pursuant to ATF regulations. Separately, RIGL 11-47-9 provides that the provisions of Section 11-47-8 shall not apply to sheriffs, deputy sheriffs, members of the state police and of city or town police forces, other duly appointed law enforcement officers, and the other persons that section lists. The provisions of subsection (e) do not apply to those federally licensed manufacturers pursuant to ATF regulations. This exception does not extend to Type 01 (dealers) or Type 02 (pawnbrokers) license holders, nor to any individual who manufactures firearms for personal use.

Penalties

A person who violates Section 11-47-8(e) faces imprisonment for up to 10 years, a fine of up to $10,000, or both.^[3] Manufacturing, selling, offering to sell, transferring, purchasing, possessing, and having such a weapon under one's control are each prohibited acts under the same subsection, so a violation does not require any commercial activity. Except for a first conviction under this section, a person convicted shall not be afforded the provisions of suspension or deferment of sentence, probation, nor fine.