Rhode Island 2023 Regular Session

Rhode Island House Bill H5369 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5369
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7	7	LC000222
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	A N A C T
15	15	RELATING TO CRIMINAL OFFENSES -- WEAPONS
16	16	Introduced By: Representatives Fellela, Serpa, Sanchez, Messier, and Ackerman
17	17	Date Introduced: February 03, 2023
18	18	Referred To: House Judiciary
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 11-47-60.1 of the General Laws in Chapter 11-47 entitled "Weapons" 1
23	23	is hereby amended to read as follows: 2
24	24	11-47-60.1. Safe storage Safe storage -- Dillon's law. 3
25	25	(a) Nothing in this section shall be construed to reduce or limit any existing right to 4
26	26	purchase and own firearms and/or ammunition or to provide authority to any state or local agency 5
27	27	to infringe upon the privacy of any family, home or business except by lawful warrant. 6
28	28	(b) A person who stores or leaves on premises under his or her the person's control a loaded 7
29	29	firearm and who knows or reasonably should know that a child or any person prohibited by state 8
30	30	or federal law from possessing a firearm is likely to gain access to the firearm, without the 9
31	31	permission of the child’s parent or guardian, and the child or person prohibited by law obtains 10
32	32	access to the firearm and causes injury to himself or herself themself or any other person with the 11
33	33	firearm, is guilty of the crime of criminal storage of a firearm and, upon conviction, shall be fined 12
34	34	not more than one thousand dollars ($1,000) or imprisoned for not more than one year, or both. For 13
35	35	purposes of this section, a “child” is defined as any person who has not attained the age of sixteen 14
36	36	(16) eighteen (18) years. 15
37	37	(c) A person who stores or leaves on premises under the person's control a firearm and who 16
38	38	knows or reasonably should know that a child or any person prohibited by state or federal law from 17
39	39	possessing a firearm is likely to gain access to the firearm, and the child or person prohibited by 18
40	40	law obtains access to the firearm and causes serious bodily injury or death to themself or any other 19
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44	44	person with the firearm, is guilty of the crime of felony criminal storage of a firearm and, upon 1
45	45	conviction, shall be fined not more than five thousand dollars ($5,000) or imprisoned for not more 2
46	46	than five (5) years, or both. For purposes of this section, "serious bodily injury" means any injury 3
47	47	that causes a substantial risk of death or causes protracted loss or impairment of the function of any 4
48	48	bodily part, member, or organ. 5
49	49	(c)(d) The provisions of subsection (b) subsections (b) and (c) of this section shall not apply 6
50	50	whenever any of the following occurs: 7
51	51	(1) The child or the person prohibited by law from possessing a firearm obtains the firearm 8
52	52	as a result of an illegal entry of any premises by any person or an illegal taking of the firearm from 9
53	53	the premises of the owner without permission of the owner; 10
54	54	(2) The firearm is kept in a locked container or in a location which a reasonable person 11
55	55	would believe to be secured; 12
56	56	(3) The firearm is carried on the person of the lawful possessor or within such a close 13
57	57	proximity so that the individual lawful possessor can readily retrieve and use the firearm as if 14
58	58	carried on the person of the lawful possessor; 15
59	59	(4) The firearm is locked with a locking device; 16
60	60	(5) The child obtains or obtains and discharges the firearm in a lawful act of self-defense 17
61	61	or defense of another person; 18
62	62	(6) The person who keeps a loaded firearm on any premises which is under his or her their 19
63	63	custody or control has no reasonable expectations, based on objective facts and circumstances, that 20
64	64	a child or a person prohibited by law from possessing a firearm is likely to be present on the 21
65	65	premises.; or 22
66	66	(7) The child has the express permission of a parent or guardian to access the firearm or is 23
67	67	under the direct and immediate supervision of a parent or guardian. 24
68	68	(d)(e)(1) If the person who allegedly violated this section is the parent or guardian of a 25
69	69	child who is injured or who dies as the result of an accidental shooting, the attorney general’s 26
70	70	department shall consider among other factors, the impact of the injury or death on the person who 27
71	71	has allegedly violated this section when deciding whether to prosecute an alleged violation. 28
72	72	(2) It is the intent of the general assembly that a parent or guardian of a child who is injured 29
73	73	or who dies of an accidental shooting shall be prosecuted only in those instances in which the parent 30
74	74	or guardian behaved in a grossly negligent manner. 31
75	75	SECTION 2. This act shall take effect upon passage. 32
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82	82	EXPLANATION
83	83	BY THE LEGISLATIVE COUNCIL
84	84	OF
85	85	A N A C T
86	86	RELATING TO CRIMINAL OFFENSES -- WEAPONS
87	87	***
88	88	This act would amend § 11-47-60.1 and raise the age to eighteen (18) years of age for 1
89	89	children to be prevented from accessing firearm due to failure of the possessor of the firearm to 2
90	90	provide safe storage. The act would further require that firearms be safely stored to prevent access 3
91	91	by persons prohibited by law from possessing a firearm. This act would also establish as a felony 4
92	92	the failure to safely store a firearm that resulted in serious bodily injury. 5
93	93	This act would take effect upon passage. 6
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