2021 -- H 5553

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LC001016

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

     Introduced By: Representatives Caldwell, Knight, Blazejewski, Kazarian, Craven,
McNamara, Batista, Felix, Ajello, and McEntee

     Date Introduced: February 12, 2021

     Referred To: House Judiciary

     (Attorney General/General Treasurer/Lieutenant Governor/Secretary of State)

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 such 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 such weapon inoperable by any person other than the

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

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

user. Violation of this subsection (b) shall be punished by a fine of not more than three thousand

dollars ($3,000).

     (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 five (5)

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

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

     (d) (c) 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 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

***

     This act creates a new offense and would make it a felony for the owner of any firearm to

store the firearm unlocked. Failure to store the firearm locked would subject the owner to a fine of

not more than three thousand dollars ($3,000). If the owner of a firearm leaves it loaded and a child

gains access and causes injury then the owner can be subject to a penalty of up to five (5) years

imprisonment and/or a fine of not more than five thousand dollars ($5,000).

     This act would take effect upon passage.

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