Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0321 Compare Versions

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

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5	5	2023 -- S 0321
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7	7	LC001235
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO CRIMINAL OFFENSES -- WEAPONS
16	16	Introduced By: Senators Lauria, Goodwin, Pearson, Euer, Miller, Valverde, DiMario,
17	17	Murray, Lawson, and DiPalma
18	18	Date Introduced: February 16, 2023
19	19	Referred To: Senate Judiciary
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 11-47-60.1 of the General Laws in Chapter 11-47 entitled "Weapons" 1
24	24	is hereby amended to read as follows: 2
25	25	11-47-60.1. Safe storage. Safe storage - Unsafe storage of a firearm. 3
26	26	(a) Nothing in this section shall be construed to reduce or limit any existing right to 4
27	27	purchase and own firearms and/or ammunition or to provide authority to any state or local agency 5
28	28	to infringe upon the privacy of any family, home or business except by lawful warrant. 6
29	29	(b) A person who stores or leaves a firearm in any place is guilty of the violation of unsafe 7
30	30	storage of a firearm unless the firearm is secured in a locked container or equipped with a tamper-8
31	31	resistant mechanical lock or other safety device, properly engaged in order to render such firearm 9
32	32	inoperable by any person other than the owner or other lawfully authorized user. For purposes of 10
33	33	this section, such firearm shall not be deemed stored or left if the firearm is being carried by or is 11
34	34	within such proximity to its owner or other lawfully authorized user that the firearm can be readily 12
35	35	retrieved and used as if carried on said person. Any violation of this subsection shall result in, for 13
36	36	a first offense, a civil infraction punishable by a fine of not more than two hundred fifty dollars 14
37	37	($250), and for a second offense, a civil infraction punishable by a fine of not more than one 15
38	38	thousand dollars ($1,000). A third or subsequent violation of this subsection shall, upon conviction, 16
39	39	be punished by imprisonment for no more than six (6) months, or a fine of not more than five 17
40	40	hundred dollars ($500), or both. 18
41	41	(b)(c) A person who stores or leaves on premises under his or her control a loaded firearm 19
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43	43
44	44	LC001235 - Page 2 of 5
45	45	and who knows or reasonably should know that a child is likely to gain access to the firearm without 1
46	46	the permission of the child’s parent or guardian, and the child or who knows or reasonably should 2
47	47	know that a person who is prohibited, under state or federal law, from purchasing or possessing 3
48	48	firearms is likely to gain access to the firearm, is guilty of criminal storage of a firearm in the 4
49	49	second degree if a child or person who is prohibited, under state or federal law, from purchasing or 5
50	50	possessing firearms obtains access to the firearm. and causes injury to himself or herself or any 6
51	51	other person with the firearm, is guilty of the crime of criminal storage of a firearm and, Any person 7
52	52	who violates this section shall, upon conviction, shall be punished by imprisonment for no more 8
53	53	than one year, or be fined not more than one thousand dollars ($1,000) or imprisoned for not more 9
54	54	than one year, or both. For purposes of this section, a “child” is defined as any person who has not 10
55	55	attained the age of sixteen (16) eighteen (18) years. 11
56	56	(d) A person is guilty of criminal storage of a firearm in the first degree if they commit the 12
57	57	crime of criminal storage in the second degree and the firearm obtained by a child or a person who 13
58	58	is prohibited, under state or federal law, from purchasing or possessing firearms is used by said 14
59	59	person in the commission of a crime or to cause injury to himself or herself or any other person. 15
60	60	Any violation of this subsection shall, upon conviction, be punishable by imprisonment for not 16
61	61	more than five (5) years, or a fine of not more than five thousand dollars ($5,000), or both. 17
62	62	(c)(e) The provisions of subsection (b) subsections (c) and (d) of this section shall not apply 18
63	63	whenever any of the following occurs: 19
64	64	(1) The child or person who is prohibited, under state or federal law, from purchasing or 20
65	65	possessing firearms obtains the firearm as a result of an illegal entry of any premises by any person 21
66	66	or an illegal taking of the firearm from the premises of the owner without permission of the owner; 22
67	67	(2) The firearm is kept in a locked container or in a location which a reasonable person 23
68	68	would believe to be secured in a locked container or equipped with a tamper-resistant mechanical 24
69	69	lock or other safety device, properly engaged in order to render such firearm inoperable by any 25
70	70	person other than the owner or other lawfully authorized user; 26
71	71	(3) The firearm is carried on by the person owner or other lawfully authorized user or 27
72	72	within such a close proximity so that the individual can readily retrieve and use the firearm as if 28
73	73	carried on the person; and 29
74	74	(4) The firearm is locked with a locking device; 30
75	75	(5) The child or person who is prohibited, under state or federal law, from purchasing or 31
76	76	possessing firearms obtains or obtains and discharges the firearm in a lawful act of self-defense or 32
77	77	defense of another person; 33
78	78	(6) The person who keeps a loaded firearm on any premises which is under his or her 34
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82	82	custody or control has no reasonable expectations, based on objective facts and circumstances, that 1
83	83	a child is likely to be present on the premises. 2
84	84	(d)(f)(1) If the person who allegedly violated this section is the parent or guardian of a child 3
85	85	who is injured or who dies as the result of an accidental shooting, the attorney general’s department 4
86	86	attorney general shall consider among other factors, the impact of the injury or death on the person 5
87	87	who has allegedly violated this section when deciding whether to prosecute an alleged violation. 6
88	88	(2) It is the intent of the general assembly that a parent or guardian of a child who is injured 7
89	89	or who dies of an accidental shooting shall be prosecuted only in those instances in which the parent 8
90	90	or guardian behaved in a grossly negligent manner. 9
91	91	SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended 10
92	92	by adding thereto the following section: 11
93	93	11-47-60.4. Secure storage information and awareness. 12
94	94	(a)At any site where firearms sales or transfers are conducted by licensed dealers in Rhode 13
95	95	Island, the licensed dealers shall conspicuously display a sign containing the information set forth 14
96	96	in subsection (b) of this section, in any area where the sales or transfers occur. Such signs shall be 15
97	97	posted in a manner so that they can be easily viewed by persons to whom firearms are sold or 16
98	98	transferred, and shall not be removed, obscured, or rendered illegible. If the site where the sales or 17
99	99	transfers occur are the premises listed on the dealer's federal firearms license(s), an additional such 18
100	100	sign shall be placed at or near the entrance. 19
101	101	(b) Each informational sign shall be at least eight and one-half inches (8 ½") high by eleven 20
102	102	inches (11") wide, and feature black text against a white background and letters that are at least 21
103	103	one-half inch (1/2") high. The signs shall not contain other statements or markings other than the 22
104	104	following text, in English and Spanish: 23
105	105	WARNING: Access to a firearm in the home significantly increases the risk of suicide, 24
106	106	death during domestic violence disputes, and the unintentional death of children, household 25
107	107	members, or others. If you or a loved one is experiencing distress and/or depression, call the 988 26
108	108	Suicide and Crisis hotline or text “HOME” to 741741. 27
109	109	Secure firearm storage is the law in Rhode Island. Rhode Island state law requires gun 28
110	110	owners to securely store their firearms any time the firearms are not in their possession or control 29
111	111	and to securely store firearms in premises under their control where a child or person prohibited 30
112	112	from purchasing or possessing firearms is likely to gain access to them. Failure to securely store 31
113	113	firearms as required by law may result in fines and/or criminal prosecution. 32
114	114	(c) The department of health, in consultation with the state police, shall develop detailed 33
115	115	printed information to be made available to licensed dealers at no cost to the dealers, in English 34
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119	119	and Spanish, regarding the risks of access to firearms, state laws requiring secure firearm storage, 1
120	120	a summary of the major provisions of chapter 47 of title 11 relating to firearms, including, but not 2
121	121	limited to, the duties of the sellers and purchasers and possessors of firearms, and suicide prevention 3
122	122	resources. Licensed dealers shall distribute this printed information to all purchasers of firearms. 4
123	123	(d). The department of health and department of education shall annually develop detailed 5
124	124	information for students and their families, parents and guardians regarding the importance of 6
125	125	secure gun storage to protect minors from accessing firearms, the risks of access to firearms, secure 7
126	126	firearm storage requirements under state law, and suicide prevention and other behavioral health 8
127	127	resources. School districts shall annually distribute a pamphlet containing this information, in 9
128	128	English and in Spanish, to all enrolled students and their parents or guardians and make this 10
129	129	information electronically accessible on the district’s webpage. 11
130	130	SECTION 3. This act shall take effect upon passage. 12
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137	137	EXPLANATION
138	138	BY THE LEGISLATIVE COUNCIL
139	139	OF
140	140	A N A C T
141	141	RELATING TO CRIMINAL OFFENSES -- WEAPONS
142	142	***
143	143	This act would require the safe storage of firearms and would provide civil penalties and 1
144	144	criminal penalties for violations. 2
145	145	This act would take effect upon passage. 3
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