No person shall commit or attempt to commit a crime of violence when armed with or
having available any firearm, explosive substance, noxious liquid, gas or substance,
or acid. Every person violating the provisions of this section shall be punished:
(1) for the first conviction by imprisonment for not less than three (3) nor more
than ten (10) years; (2) for a second conviction under this section by imprisonment
for not less than ten (10) nor more than twenty (20) years; and (3) for a third or
subsequent conviction the person convicted shall be sentenced to not less than fifteen
(15) years to life imprisonment. For the penalties provided in this section he or
she shall not be afforded the provisions of suspension or deferment of sentence, nor
of probation.
Notes of Decisions
Cited in
27
cases (
1 in the last 5 years), 1974–2024 · leading case:
State v. Stone, 924 A.2d 773 (R.I. 2007).
State v. Stone, 924 A.2d 773 (R.I. 2007).
· cites it 13× “Stone argues that his dual convictions under G.L.1956 § 11-47-3, for possession of a dangerous weapon when committing a crime of violence, and for first-degree robbery, based on G.”
State v. Rodriguez, 822 A.2d 894 (R.I. 2003).
· cites it 3× “2d at 667 (explaining that either the charge of committing a crime of violence while armed according to § 11-47-3 or the assault with a dangerous weapon charge had to be dismissed because conviction under both charges constituted a double-jeopardy violation).”
Mosby v. Devine, 851 A.2d 1031 (R.I. 2004).
· cites it 2× “[9] Section 11-47-3. [10] Section 11-47-6. [11] Section 11-47-7.”
State v. Miguel Davis, 131 A.3d 679 (R.I. 2016).
· cites it 2× “1956 § 11-5-2, and using a-firearm while in the-commission of a crime of violence, to wit, an assault with a dangerous weapon against Dean Robinson, in violation of G.L. 1956 § 11-47-3,2(a) — were dismissed during trial.”
State v. Boudreau, 322 A.2d 626 (R.I. 1974).
· cites it 4× “1956 (1969 Reenactment) §11-47-3. A Superior Court jury returned guilty verdicts for all nine indictments.”
State v. Ashness, 461 A.2d 659 (R.I. 1983).
· cites it 2× “General Laws 1956 (1981 Reenactment) § 11-47-3 provides that “[n]o person shall commit or attempt to commit a crime of violence when armed with or having available any firearm * * A “crime of violence” includes “any of the following crimes or an attempt to commit any of the…”
State v. Crudup, 842 A.2d 1069 (R.I. 2004).
· cites it 2× “01, possession of a controlled substance while in possession of a firearm in violation of G.L.1956 § 11-47-3, possession of a firearm without a license in violation of § 11-47-8, resisting arrest in violation of G.”
Sours v. State, 593 S.W.2d 208 (Mo. 1980).
“The defendant was convicted of eight counts of assault with a deadly weapon and of committing a crime of violence while armed with a pistol, a violation of R.I.Gen. Laws § 11-47-3 (1970). A three-year sentence was imposed for the violent crime charge and made to run concurrently…”
State v. Gerald D. Price, 68 A.3d 440 (R.I. 2013).
· cites it 7× “First, the defendant argues that the trial justice incorrectly interpreted the meaning of the phrase “having available any firearm,” within G.L.1956 § 11-47-3. Secondly, he avers that the trial justice erroneously permitted the state to impeach the defendant’s credibility with…”
State v. Anthony, 422 A.2d 921 (R.I. 1980).
“…violation of § 11-39-1; (4) the possession of a firearm during the commission of a crime of violence in violation of § 11-47-3; and (5) the possession of a firearm after having been convicted of a crime of violence in violation of § 11 — 47-8. The indictment also named Dennis…”
State v. Byrnes, 433 A.2d 658 (R.I. 1981).
“1956 (1969 Reenactment) § 11-47-3. 6 . In violation of G.L. 1956 (1969 Reenactment) § 11-1-1.”
State v. Vanover, 721 A.2d 430 (R.I. 1998).
· cites it 2× “1956 § 11-5-1 (counts one and two), two counts of assault with a dangerous weapon in violation of § 11-5-2 (counts three and four), one count of possession of a firearm while committing a crime of violence in violation of G.L.1956 § 11-47-3 (count five), and one count of…”
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