2022 -- H 7300

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LC004273

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

     

     Introduced By: Representatives Caldwell, Kazarian, Craven, Knight, Slater, Kislak,
Potter, Fogarty, Amore, and Biah

     Date Introduced: February 02, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

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is hereby amended to read as follows:

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     11-47-60.1. Safe storage.

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

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

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

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     (b) A person who stores or leaves a firearm in any place is guilty of the violation of unsafe

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storage of a firearm unless the firearm is secured in a locked container or equipped with a tamper-

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resistant mechanical lock or other safety device, properly engaged in order to render such firearm

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inoperable by any person other than the owner or other lawfully authorized user. For purposes of

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this section, such firearm shall not be deemed stored or left if the firearm is carried on the person

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or within such close proximity in order that the individual can readily retrieve and use the firearm

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as if carried on the person. Any violation of this subsection shall be punished by a fine of not more

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than three thousand dollars ($3000).

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

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and who knows or reasonably should know that a child is likely to gain access to the firearm without

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the permission of the child's parent or guardian, and the child obtains access to the firearm and

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

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criminal storage of a firearm and, upon conviction, shall be fined not more than one five thousand

 

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dollars ($1,000) ($5,000) or imprisoned for not more than one year five (5) years, or both. For

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purposes of this section, a "child" is defined as any person who has not attained the age of sixteen

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(16) eighteen (18) years.

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

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the following occurs:

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

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

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owner;

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

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would believe to be secured in a locked container or equipped with a tamper-resistant mechanical

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lock or other safety device, properly engaged in order to render such firearm inoperable by any

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person other than the owner or other lawfully authorized user;

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

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

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

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

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or defense of another person;.

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

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

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a child is likely to be present on the premises.

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

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

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

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

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violation.

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

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

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or guardian behaved in a grossly negligent manner.

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     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 make it a violation for the owner of any firearm to store or leave the firearm

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unsecured. Failure to store the firearm properly would subject the owner to a fine of not more than

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three thousand dollars ($3000). Additionally, if the owner of a firearm fails to store or leaves a

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firearm unsecured in a place where they reasonably know a child can likely gain access and it

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results in an injury or death to a child, the owner would be guilty of a felony and would be punished

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by up to five (5) years imprisonment or a fine of up to five thousand dollars ($5,000), or both.

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     This act would take effect upon passage.

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