2019 -- H 5740

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LC001631

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

     Introduced By: Representatives Caldwell, Ackerman, Williams, McEntee, and Craven

     Date Introduced: February 27, 2019

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-47-60.1 of the General Laws in Chapter 11-47 entitled

"Weapons" is hereby amended to read as follows:

     11-47-60.1. Safe storage.

     (a) Nothing in this section shall be construed to reduce or limit any existing right to

purchase and own firearms and/or ammunition or to provide authority to any state or local agency

to infringe upon the privacy of any family, home or business except by lawful warrant.

     (b) It shall be unlawful to store or keep any firearm in any place unless the weapon is

secured in a locked container, or equipped with a tamper resistant mechanical lock or other safety

device, properly engaged so as to render the weapon inoperable by any person other than the

owner or other lawfully authorized user. For purposes of this section, the weapon shall not be

deemed stored or kept if carried by or under the control of the owner or other lawfully authorized

user. Violations of this section shall be punished by a fine of not less than one thousand dollars

($1,000), and not more than five thousand dollars ($5,000).

     (b)(c) A person who stores or leaves on premises under his or her control a loaded

firearm and who knows or reasonably should know that a child is likely to gain access to the

firearm without the permission of the child's parent or guardian, and the child obtains access to

the firearm and causes injury to himself or herself or any other person with the firearm, is guilty

of the crime of criminal storage of a firearm and, upon conviction, shall be fined not more than

one thousand dollars ($1,000) five thousand dollars ($5,000) or imprisoned for not more than one

year, or both. For purposes of this section, a "child" is defined as any person who has not attained

the age of sixteen (16) years eighteen (18) years.

     (c)(d) The provisions of subsection (b)(c) of this section shall not apply whenever any of

the following occurs:

     (1) The child obtains the firearm as a result of an illegal entry of any premises by any

person or an illegal taking of the firearm from the premises of the owner without permission of

the owner;

     (2) The firearm is kept in a locked container or in a location which a reasonable person

would believe to be secured;

     (3) The firearm is carried on the person or within such a close proximity so that the

individual can readily retrieve and use the firearm as if carried on the person;

     (4) The firearm is locked with a locking device;

     (5) The child obtains or obtains and discharges the firearm in a lawful act of self-defense

or defense of another person;

     (6) The person who keeps a loaded firearm on any premises which is under his or her

custody or control has no reasonable expectations, based on objective facts and circumstances,

that a child is likely to be present on the premises.

     (d)(e)(1) If the person who allegedly violated this section is the parent or guardian of a

child who is injured or who dies as the result of an accidental shooting, the attorney general's

department general shall consider among other factors, the impact of the injury or death on the

person who has allegedly violated this section when deciding whether to prosecute an alleged

violation.

     (2) It is the intent of the general assembly that a parent or guardian of a child who is

injured or who dies of an accidental shooting shall be prosecuted only in those instances in which

the parent or guardian behaved in a grossly negligent manner.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

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     This act would require firearms to be stored securely when not in use and enhances

penalties for failure to store firearms in a secure manner.

     This act would take effect upon passage.

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LC001631

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