(a) No person shall use a firearm while committing or attempting to commit a crime of
violence. Every person violating the provisions of this section shall be punished:
(1) for the first offense by imprisonment for ten (10) years; however, if the violation
was committed by use of a machine gun as defined in § 11-47-2(11), the term of imprisonment shall be thirty (30) years; (2) for a second conviction
under this section by imprisonment for twenty (20) years; however, if the violation
was committed by use of a machine gun as defined in § 11-47-2(11), the term of imprisonment shall be life; and (3) for a third or subsequent conviction,
the person shall be sentenced to life, or life without the possibility of parole by
the sentencing judge after consideration of aggravating and mitigating circumstances
contained in §§ 12-19.2-3 and 12-19.2-4. Any sentence imposed upon a person pursuant to this section shall be imposed consecutively
to and not concurrently with any sentence imposed for the underlying crime or attempted
crime, and the person shall not be afforded the benefits of deferment of sentence
or parole; provided, that unless sentenced to life without the possibility of parole
pursuant to subdivision (3) of this subsection, a person sentenced to life under this
section may be granted parole.
(b) Every person who, while committing an offense violating subsection (a) of this section,
discharges a firearm shall be guilty of a felony and be imprisoned as follows:
(1) Ten (10) years, if no injury to any other person results from the discharge;
(2) Twenty (20) years, if a person other than a police officer is injured by the discharge
of the firearm, or if a police officer who is engaged in the performance of his or
her duty is deliberately endangered by the person’s discharge of the firearm;
(3) Life, if a police officer who is engaged in the performance of his or her duty is
injured by the discharge of the firearm; and
(4) Life, if the death or permanent incapacity of any person (other than the person convicted)
results from the discharge of the firearm; provided that, involuntary manslaughter
shall not be considered a “crime of violence” for the purpose of subdivision (b)(4)
only.
(c) The penalties defined in subsection (b) of this section shall run consecutively, and
not concurrently, to any other sentence imposed and, notwithstanding the provisions
of chapter 8 of title 13, the person shall not be afforded the benefits of deferment of sentence or parole;
provided, that a person sentenced to life under subdivision (b)(3) or (b)(4) of this
section may be granted parole.
Notes of Decisions
Cited in
45
cases (
5 in the last 5 years), 2003–2026 · leading case:
State v. Rodriguez, 822 A.2d 894 (R.I. 2003).
State v. Rodriguez, 822 A.2d 894 (R.I. 2003).
· cites it 8× “Section 11-47-3.2 delineates the crime of “[u]sing a firearm when committing a crime of violence,” and subsection (a) explains that “[n]o person shall use a firearm while committing or attempting to commit a crime of violence.”
State v. Tony Gonzalez, 136 A.3d 1131 (R.I. 2016).
· cites it 6× “,” in violation of G.L. 1956 § 11-47-3.2; and one count of “discharg[ing] a firearm while committing a crime of violence, to wit, assault with intent to commit murder,” in violation of § 11-47-3.”
State v. Linde, 965 A.2d 415 (R.I. 2009).
· cites it 9× “This case represents the sixth appellate attack on the constitutional underpinnings of the state’s anti-gun-violence statute, G.L. 1956 § 11-47-3.2. 1 We decline to *416 reach the merits of the issues before us because, in our judgment, this constitutional challenge is not…”
State v. Reyes, 984 A.2d 606 (R.I. 2009).
· cites it 4× “” Subsection (a) of § 11-47-3.2 provides that ”[n]o person shall use a firearm while committing or attempting to commit a crime of violence.”
State v. DeJesus, 947 A.2d 873 (R.I. 2008).
· cites it 4× “Section 11-47-3.2 requires the sentencing judge to impose a mandatory consecutive sentence after a defendant has been convicted of an offense in which a firearm is used and has caused the death of a person.”
State v. Graham, 941 A.2d 848 (R.I. 2008).
· cites it 2× “1956 § 11-23- *853 1, discharging a firearm during the commission of a crime of violence, in violation of G.L. 1956 § 11-47-3.2, and conspiracy, in violation of G.”
State v. Ros, 973 A.2d 1148 (R.I. 2009).
· cites it 2× “* * * “(b) Every person who, while committing an offense violating subsection (a) of this section, discharges a firearm shall be guilty of a felony and be imprisoned as follows: [[Image here]] “(3) Life * * * if the death or permanent incapacity of any person (other than the…”
State v. Monteiro, 924 A.2d 784 (R.I. 2007).
· cites it 2× “* * * Any sentence imposed upon a person pursuant to this sec *793 tion shall be imposed consecutively to and not concurrently with any sentence imposed for the underlying crime or attempted crime * * *.”
State v. Patel, 949 A.2d 401 (R.I. 2008).
· cites it 2× “1956 § 11-1-6, and discharging a firearm while committing a crime of violence, with death resulting, in violation of G.L.1956 § 11-47-3.2. 2 The defendant was sentenced to two consecutive life sentences for murder and discharging a firearm, and ten years, to be served…”
State v. Feliciano, 901 A.2d 631 (R.I. 2006).
· cites it 2× “See G.L.1956 § 11-47-3.2. At the base of our holding in Rodriguez was the fundamental principle that “[IJegisla-tures, not courts, prescribe the scope of punishments.”
Neufville v. State, 13 A.3d 607 (R.I. 2011).
· cites it 2× “G.L. 1956 § 11-47-3.2. We thus are satisfied that had Neufville proceeded to trial, he ran the risk of receiving a longer sentence than was imposed and therefore has failed to establish prejudice because of his counsel’s alleged ineffective assistance.”
State v. Michael Tully, a.k.a. Michael Vanover, 110 A.3d 1181 (R.I. 2015).
· cites it 3× “It appears that this subsection was supposed to be G.L.1956 § 11-47-3.2(b)(2) (discharging a firearm resulting in the injury of a person other than an on-duty police officer), rather than § 11-47-3.”
— R.I. Gen. Laws § 11-47-3.2(a) — 4 cases
— R.I. Gen. Laws § 11-47-3.2(a)(1) — 1 case
— R.I. Gen. Laws § 11-47-3.2(a)(l) — 1 case
— R.I. Gen. Laws § 11-47-3.2(b) — 5 cases
State v. Reyes, 984 A.2d 606 (R.I. 2009).
“” Subsection (a) of § 11-47-3.2 provides that ”[n]o person shall use a firearm while committing or attempting to commit a crime of violence.”
— R.I. Gen. Laws § 11-47-3.2(b)(1) — 3 cases
— R.I. Gen. Laws § 11-47-3.2(b)(2) — 6 cases
State v. Michael Tully, a.k.a. Michael Vanover, 110 A.3d 1181 (R.I. 2015).
“It appears that this subsection was supposed to be G.L.1956 § 11-47-3.2(b)(2) (discharging a firearm resulting in the injury of a person other than an on-duty police officer), rather than § 11-47-3.”
— R.I. Gen. Laws § 11-47-3.2(b)(3) — 11 cases
State v. Rodriguez, 822 A.2d 894 (R.I. 2003).
“Section 11-47-3.2 delineates the crime of “[u]sing a firearm when committing a crime of violence,” and subsection (a) explains that “[n]o person shall use a firearm while committing or attempting to commit a crime of violence.”
— R.I. Gen. Laws § 11-47-3.2(b)(4) — 4 cases
— R.I. Gen. Laws § 11-47-3.2(c) — 2 cases
State v. Monteiro, 924 A.2d 784 (R.I. 2007).
“* * * Any sentence imposed upon a person pursuant to this sec *793 tion shall be imposed consecutively to and not concurrently with any sentence imposed for the underlying crime or attempted crime * * *.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.