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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5443 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001478 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO HEALTH AND SAFETY -- SUICIDE PREVENTION--VOLUNTARY |
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| 16 | 16 | | FIREARM RESTRICTIONS ACT |
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| 17 | 17 | | Introduced By: Representatives Boylan, Ajello, Knight, McEntee, Craven, Caldwell, |
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| 18 | 18 | | Dawson, Batista, Cruz, and Felix |
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| 19 | 19 | | Date Introduced: February 12, 2025 |
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| 20 | 20 | | Referred To: House Judiciary |
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| 21 | 21 | | |
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| 22 | 22 | | |
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| 23 | 23 | | It is enacted by the General Assembly as follows: |
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| 24 | 24 | | SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 1 |
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| 25 | 25 | | amended by adding thereto the following chapter: 2 |
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| 26 | 26 | | CHAPTER 104 3 |
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| 27 | 27 | | SUICIDE PREVENTION--VOLUNTARY FIREARM RESTRICTIONS ACT 4 |
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| 28 | 28 | | 23-104-1. Short title. 5 |
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| 29 | 29 | | This chapter shall be known and may be cited as the "Suicide Prevention--Voluntary 6 |
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| 30 | 30 | | Firearm Restrictions Act." 7 |
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| 31 | 31 | | 23-104-2. Definitions. 8 |
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| 32 | 32 | | When used in this chapter, the following words and phrases are construed as follows: 9 |
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| 33 | 33 | | (1) "Cohabitant" means an individual who is twenty-one (21) years of age or older who 10 |
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| 34 | 34 | | resides in the same residence as one or more other individuals. 11 |
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| 35 | 35 | | (2) "Department" means the department of attorney general and its bureau of criminal 12 |
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| 36 | 36 | | identification (BCI). 13 |
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| 37 | 37 | | (3) "Firearm" shall have the same meaning as defined in § 11-47-2. 14 |
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| 38 | 38 | | (4) "Healthcare provider" means person who provides healthcare or professional services 15 |
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| 39 | 39 | | related to healthcare and who is acting within the scope of the person's license, certification, 16 |
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| 40 | 40 | | practice, education or training. 17 |
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| 41 | 41 | | (5) "Illegal firearm" means and includes, but is not limited to, any ghost gun, undetectable 18 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC001478 - Page 2 of 8 |
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| 45 | 45 | | firearm, sawed-off shotgun, machine gun or any other firearm illegal to possess pursuant to chapter 1 |
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| 46 | 46 | | 47 of title 11. 2 |
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| 47 | 47 | | (6) "Indefinite list" means the list established pursuant to the provisions of § 23-104-3 |
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| 48 | 48 | | 3(b)(2). 4 |
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| 49 | 49 | | (7) "Law enforcement agency" means any municipal or state police agency or any sworn 5 |
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| 50 | 50 | | law enforcement officer of that agency. 6 |
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| 51 | 51 | | (8) "Owner cohabitant" means a cohabitant who owns, in whole or in part, any firearm. 7 |
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| 52 | 52 | | (9) "Restricted list" means the list established pursuant to the provisions of § 23-104-8 |
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| 53 | 53 | | 3(b)(2). 9 |
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| 54 | 54 | | (10) "Temporary list" means the list established pursuant to the provisions of § 23-104-10 |
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| 55 | 55 | | 3(b)(1). 11 |
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| 56 | 56 | | 23-104-3. Voluntary restrictions on firearm purchase and possession. 12 |
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| 57 | 57 | | (a) An individual who is not otherwise prohibited from possessing a firearm pursuant to 13 |
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| 58 | 58 | | the provisions of chapter 47 of title 11 ("weapons") or any other provision of federal or state law, 14 |
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| 59 | 59 | | may voluntarily request to be placed on a restricted list, as set forth herein, which would prohibit 15 |
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| 60 | 60 | | the individual from purchasing, possessing or having within that individual's custody or control, 16 |
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| 61 | 61 | | any firearm. 17 |
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| 62 | 62 | | (b) An individual requesting inclusion on a restricted list may request placement on one of 18 |
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| 63 | 63 | | the following lists: 19 |
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| 64 | 64 | | (1) A restricted list that restricts the individual from purchasing or possessing a firearm for 20 |
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| 65 | 65 | | one hundred eighty (180) days (temporary list) with automatic removal from the list at the end of 21 |
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| 66 | 66 | | that time period; provided, however, the individual may request removal from the list on or after 22 |
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| 67 | 67 | | thirty (30) days after the day on which the individual was added to the restricted list. No request by 23 |
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| 68 | 68 | | the individual to be removed shall be denied; or 24 |
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| 69 | 69 | | (2) A restricted list that restricts the individual from purchasing or possessing a firearm 25 |
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| 70 | 70 | | indefinitely and which allows the individual to request removal from the list on or after ninety (90) 26 |
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| 71 | 71 | | days after the day on which the individual was added to the restricted list. No request by the 27 |
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| 72 | 72 | | individual to be removed shall be denied. 28 |
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| 73 | 73 | | 23-104-4. Forms -- Information to be provided by and to the department of attorney 29 |
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| 74 | 74 | | general. 30 |
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| 75 | 75 | | (a) The department shall develop a process and forms for inclusion on, and removal from, 31 |
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| 76 | 76 | | the restricted lists, as described in § 23-104-3. Forms developed shall be maintained by the 32 |
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| 77 | 77 | | department and shall be made available by download through the department's website and in paper 33 |
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| 78 | 78 | | form at its various locations throughout the state. The forms shall provide for the individual's 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC001478 - Page 3 of 8 |
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| 82 | 82 | | personal information to include, but not be limited to, the following: 1 |
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| 83 | 83 | | (1) Name; 2 |
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| 84 | 84 | | (2) Address; 3 |
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| 85 | 85 | | (3) Date of birth; 4 |
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| 86 | 86 | | (4) Contact information, to include phone number(s) and email address(es); 5 |
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| 87 | 87 | | (5) A copy of the individual's drivers' license or other governmentally-issued identification 6 |
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| 88 | 88 | | card; 7 |
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| 89 | 89 | | (6) The individual's signature; and 8 |
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| 90 | 90 | | (7) An acknowledgement as provided in § 23-104-7. 9 |
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| 91 | 91 | | (b) Any individual requesting inclusion on either restricted list as set forth in § 23-104-3, 10 |
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| 92 | 92 | | shall: 11 |
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| 93 | 93 | | (1) Deliver the completed form, in person, to either the law enforcement agency for the 12 |
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| 94 | 94 | | city or town in which the individual resides, or to the Rhode Island state police. The law 13 |
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| 95 | 95 | | enforcement agency shall then transmit true copies of the information to the department; or 14 |
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| 96 | 96 | | (2) Direct the individual's healthcare provider to electronically deliver the individual's 15 |
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| 97 | 97 | | completed form to the department. The department, upon receiving a request from any healthcare 16 |
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| 98 | 98 | | provider for the individual, shall: 17 |
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| 99 | 99 | | (i) Verify the individual's identity by requiring the healthcare provider to transmit a copy 18 |
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| 100 | 100 | | of the individual's drivers' license or other governmentally issued identification card; 19 |
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| 101 | 101 | | (ii) Require the healthcare provider to provide a medical release form signed by the 20 |
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| 102 | 102 | | individual in the presence of a notary public, authorizing the healthcare provider to release the form 21 |
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| 103 | 103 | | and other pertinent information to the department; and 22 |
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| 104 | 104 | | (iii) In addition to the acknowledgement signed by the individual, the healthcare provider 23 |
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| 105 | 105 | | shall also sign an acknowledgement as provided in § 23-104-7. 24 |
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| 106 | 106 | | (3) The department may not, except as provided in subsection (b)(2) of this section, accept 25 |
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| 107 | 107 | | a form from any other person other than the individual named on the form. 26 |
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| 108 | 108 | | 23-104-5. Inclusion -- Removal from list. 27 |
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| 109 | 109 | | (a) Upon receipt of a verified form, as provided herein, requesting that an individual be 28 |
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| 110 | 110 | | included on a restricted list, the department shall, within twenty-four (24) hours, add the individual 29 |
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| 111 | 111 | | to the restricted list as requested. 30 |
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| 112 | 112 | | (b) An individual added, at their request, to the temporary list, may not request removal 31 |
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| 113 | 113 | | from the list unless the individual has been restricted for at least thirty (30) days. 32 |
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| 114 | 114 | | (c) The department shall, absent a request by the individual to extend their inclusion on the 33 |
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| 115 | 115 | | list, remove the individual's name and other identifying information from the list at the end of the 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC001478 - Page 4 of 8 |
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| 119 | 119 | | one hundred eighty (180) days. The department shall not require any action on the part of the 1 |
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| 120 | 120 | | individual for this automatic removal from the list. 2 |
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| 121 | 121 | | (d) The individual may request to remain on the list in the same manner and on the same 3 |
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| 122 | 122 | | form as initially requested; 4 |
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| 123 | 123 | | (e) An individual added, at their request, to the indefinite list, may not request removal 5 |
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| 124 | 124 | | from the list unless the individual has been restricted for at least ninety (90) days. The individual's 6 |
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| 125 | 125 | | name and information shall not be removed from the indefinite list unless and until the individual, 7 |
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| 126 | 126 | | consistent with this section, requests that their name and information be removed from the list. 8 |
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| 127 | 127 | | 23-104-6. Concealed permit holders. 9 |
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| 128 | 128 | | If an individual restricted pursuant to the provisions of this chapter is a concealed firearm 10 |
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| 129 | 129 | | permit holder, the individual's permit shall be: 11 |
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| 130 | 130 | | (1) Suspended upon entry and inclusion on the restricted list; 12 |
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| 131 | 131 | | (2) Reinstated immediately upon removal from the restricted list, unless: 13 |
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| 132 | 132 | | (i) The permit has expired, been revoked or suspended for other reasons unrelated to the 14 |
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| 133 | 133 | | voluntary restrictions imposed pursuant to this chapter; or 15 |
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| 134 | 134 | | (ii) The individual has become a prohibited person pursuant to the provisions of chapter 47 16 |
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| 135 | 135 | | of title 11 or any other provision of federal or state law. 17 |
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| 136 | 136 | | 23-104-7. Acknowledgement of individual requesting to be restricted. 18 |
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| 137 | 137 | | (a) An individual requesting to be temporarily restricted from purchasing or possessing any 19 |
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| 138 | 138 | | firearm shall complete and sign the form which shall include the following language: 20 |
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| 139 | 139 | | ACKNOWLEDGMENT 21 |
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| 140 | 140 | | By presenting this completed form to a law enforcement agency, I understand that I am 22 |
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| 141 | 141 | | requesting that my name be placed on a restricted list that prohibits my ability to purchase or 23 |
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| 142 | 142 | | possess firearms for a minimum of thirty (30) days, and up to six (6) months. 24 |
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| 143 | 143 | | I understand that by voluntarily making myself a temporarily restricted person, I may not 25 |
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| 144 | 144 | | have any firearm in my possession, custody or control and may not attempt to purchase any firearm 26 |
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| 145 | 145 | | while I am on the restricted list. I also understand that any time after thirty (30) days, I may request 27 |
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| 146 | 146 | | removal from the list and all previous rights I possessed to purchase and possess firearms shall be 28 |
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| 147 | 147 | | restored. 29 |
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| 148 | 148 | | In addition, if I am in possession of a concealed carry permit, that permit shall be suspended 30 |
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| 149 | 149 | | during the time that I am on the restricted list; provided, however, that permit shall be reinstated 31 |
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| 150 | 150 | | unless the permit has expired, been suspended or revoked for reasons unrelated to the voluntary 32 |
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| 151 | 151 | | restrictions, or I have become prohibited from possessing a firearm pursuant to and in accordance 33 |
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| 152 | 152 | | with the provisions of chapter 47 of title 11 or any other provision of federal or state law. 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC001478 - Page 5 of 8 |
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| 156 | 156 | | Additionally, I acknowledge that should I possess or attempt to purchase a firearm in any 1 |
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| 157 | 157 | | other state during the time in which I am restricted, that I shall be subject to any law of that 2 |
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| 158 | 158 | | jurisdiction regarding restricted or prohibited persons. 3 |
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| 159 | 159 | | (b) An individual requesting to be indefinitely restricted from purchasing or possessing any 4 |
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| 160 | 160 | | firearm shall, complete and sign the form which shall include the following language: 5 |
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| 161 | 161 | | ACKNOWLEDGMENT 6 |
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| 162 | 162 | | By presenting this completed form to a law enforcement agency, I understand that I am 7 |
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| 163 | 163 | | requesting that my name be placed on an indefinitely restricted list that prohibits my ability to 8 |
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| 164 | 164 | | purchase or possess firearms for a minimum of ninety (90) days, and for an indefinite time unless 9 |
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| 165 | 165 | | I request removal from the restricted list. 10 |
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| 166 | 166 | | I understand that by voluntarily making myself a temporarily restricted person, I may not 11 |
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| 167 | 167 | | have any firearm in my possession, custody or control and may not attempt to purchase any firearm 12 |
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| 168 | 168 | | while I am on the restricted list. I also understand that any time after ninety (90) days, I may request 13 |
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| 169 | 169 | | removal from the list and all previous rights I possessed to purchase and possess firearms shall be 14 |
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| 170 | 170 | | restored. 15 |
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| 171 | 171 | | In addition, if I am in possession of a concealed carry permit, that permit shall be suspended 16 |
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| 172 | 172 | | during the time that I am on the restricted list; provided, however, that permit shall be reinstated 17 |
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| 173 | 173 | | unless the permit has expired, been suspended or revoked for reasons unrelated to the voluntary 18 |
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| 174 | 174 | | restrictions, or I have become prohibited from possessing a firearm pursuant to and in accordance 19 |
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| 175 | 175 | | with the provisions of chapter 47 of title 11 or any other provision of federal or state law. 20 |
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| 176 | 176 | | Additionally, I acknowledge that should I possess or attempt to purchase a firearm in any 21 |
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| 177 | 177 | | other state during the time in which I am restricted, that I shall be subject to any law of that 22 |
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| 178 | 178 | | jurisdiction regarding restricted or prohibited persons. 23 |
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| 179 | 179 | | (c) An individual requesting inclusion on a restricted list by and through a healthcare 24 |
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| 180 | 180 | | provider and the healthcare provider that completes and/or provides a voluntary restriction form on 25 |
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| 181 | 181 | | behalf of a patient shall complete and sign a form including the following language: 26 |
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| 182 | 182 | | ACKNOWLEDGEMENT 27 |
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| 183 | 183 | | By presenting this completed form to my healthcare provider, I understand that I am 28 |
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| 184 | 184 | | requesting that my healthcare provider present my name to the department of attorney general to 29 |
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| 185 | 185 | | be placed on a restricted list that prohibits my ability to purchase or possess a firearm. I have signed 30 |
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| 186 | 186 | | an acknowledgment, included herewith, and understand the restrictions to which I am voluntarily 31 |
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| 187 | 187 | | subjecting myself. I have discussed with my healthcare provider the following acknowledgment 32 |
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| 188 | 188 | | which contains my healthcare provider's signature. 33 |
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| 189 | 189 | | ____________________________ 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC001478 - Page 6 of 8 |
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| 193 | 193 | | To be signed by healthcare provider: 1 |
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| 194 | 194 | | By presenting this completed form to the department of attorney general, I understand that 2 |
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| 195 | 195 | | I am acknowledging that I have verified the identify of _____________________ seeking inclusion 3 |
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| 196 | 196 | | on a list restricting the patient's right to purchase and / or possess firearms. 4 |
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| 197 | 197 | | I affirm that ___________________ is currently my patient, and that I am a licensed 5 |
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| 198 | 198 | | healthcare provider acting within the scope of my license, certification, practice, education and/or 6 |
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| 199 | 199 | | training and that to the best of my knowledge, ____________________ is requesting inclusion on 7 |
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| 200 | 200 | | the restricted list freely and voluntarily. 8 |
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| 201 | 201 | | ________________________________ 9 |
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| 202 | 202 | | 23-104-8. Removal from restricted list. 10 |
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| 203 | 203 | | (a) An individual requesting removal from either the temporary or indefinite restricted lists 11 |
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| 204 | 204 | | shall complete and deliver a removal form to the law enforcement agency and or department which 12 |
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| 205 | 205 | | processed the inclusion form. 13 |
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| 206 | 206 | | (b) The law enforcement agency: 14 |
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| 207 | 207 | | (1) Shall verify the individual's identity before accepting the removal form; 15 |
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| 208 | 208 | | (2) May not accept a removal form from someone other than the individual named on the 16 |
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| 209 | 209 | | form; 17 |
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| 210 | 210 | | (3) Shall transmit the removal form electronically to the department and BCI within 18 |
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| 211 | 211 | | twenty-four (24) hours of its receipt from the individual; and 19 |
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| 212 | 212 | | (4) Remove the individual and their information from its database within twenty-four (24) 20 |
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| 213 | 213 | | hours of receipt of the removal form from the individual. 21 |
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| 214 | 214 | | (c) The department/BCI shall remove the individual from the restricted list in its database 22 |
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| 215 | 215 | | and provide the information mandating the individual's removal from the list to the National Instant 23 |
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| 216 | 216 | | Criminal Background Check System. 24 |
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| 217 | 217 | | 23-104-9. Maintenance -- Destruction of records. 25 |
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| 218 | 218 | | (a) The department and/or law enforcement agencies shall maintain all records relative to 26 |
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| 219 | 219 | | the voluntary restriction lists generated pursuant to this chapter. Any records generated relative to 27 |
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| 220 | 220 | | any request to be included on the lists or records requesting the removal from the restricted lists, 28 |
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| 221 | 221 | | shall not be open or available for access by the public pursuant to chapter 2 of title 38 ("access to 29 |
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| 222 | 222 | | public records"). 30 |
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| 223 | 223 | | (b) Upon receipt of a request by the individual to be removed from the restricted lists, or 31 |
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| 224 | 224 | | upon expiration of the one hundred and eighty (180) days for the temporary list, and upon 32 |
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| 225 | 225 | | completion of the individual's removal from the list, the department/ BCI and law enforcement 33 |
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| 226 | 226 | | agencies shall destroy the entire file and all records associated with the individual's inclusion on 34 |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LC001478 - Page 7 of 8 |
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| 230 | 230 | | the restricted list. For purposes of this subsection, the entire file and all records includes, but is not 1 |
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| 231 | 231 | | limited to, all electronic records, paper records or any other reference to the individual's inclusion 2 |
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| 232 | 232 | | and removal from the restricted list. 3 |
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| 233 | 233 | | (c) The individual's inclusion or removal from the lists shall not be used by the department 4 |
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| 234 | 234 | | or law enforcement agencies for purposes of any background checks for the purchase or possession 5 |
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| 235 | 235 | | of firearms by the individual and shall not be considered in any application for a concealed carry 6 |
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| 236 | 236 | | permit or the renewal of any such permit. 7 |
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| 237 | 237 | | SECTION 2. This act shall take effect upon passage. 8 |
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| 238 | 238 | | ======== |
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| 239 | 239 | | LC001478 |
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| 240 | 240 | | ======== |
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| 241 | 241 | | |
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| 242 | 242 | | |
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| 243 | 243 | | LC001478 - Page 8 of 8 |
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| 244 | 244 | | EXPLANATION |
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| 245 | 245 | | BY THE LEGISLATIVE COUNCIL |
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| 246 | 246 | | OF |
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| 247 | 247 | | A N A C T |
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| 248 | 248 | | RELATING TO HEALTH AND SAFETY -- SUICIDE PREVENTION--VOLUNTARY |
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| 249 | 249 | | FIREARM RESTRICTIONS ACT |
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| 250 | 250 | | *** |
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| 251 | 251 | | This act would create a process for an individual to voluntarily be either temporarily or 1 |
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| 252 | 252 | | indefinitely added to a list restricting their rights to purchase or possess firearms. The individual 2 |
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| 253 | 253 | | may also request removal from the restricted list and all individual records related to the person's 3 |
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| 254 | 254 | | inclusion on the list would be destroyed and not subject to the access to public records act. 4 |
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| 255 | 255 | | This act would take effect upon passage. 5 |
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| 256 | 256 | | ======== |
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| 257 | 257 | | LC001478 |
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| 258 | 258 | | ======== |
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