| Chapter 107 |
| 2024 -- H 7373 SUBSTITUTE A Enacted 06/13/2024 |
| A N A C T |
| RELATING TO CRIMINAL OFFENSES -- WEAPONS |
Introduced By: Representatives Caldwell, Knight, Fellela, Batista, Boylan, Kazarian, Fogarty, Stewart, McEntee, and Handy |
| Date Introduced: January 31, 2024 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Sections 11-47-60.1 and 11-47-60.3 of the General Laws in Chapter 11-47 |
| entitled "Weapons" are hereby amended to read as follows: |
| 11-47-60.1. Safe storage Safe storage - Unsafe storage of a firearm. |
| (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) A person who stores or leaves a firearm in any place is guilty of the violation of unsafe |
| storage of a firearm unless the firearm is secured in a locked container or equipped with a tamper- |
| resistant mechanical lock or other safety device, properly engaged in order to render such firearm |
| inoperable by any person other than the owner or other lawfully authorized user. This section does |
| not apply to a firearm that is being carried by or can be readily carried by a lawfully authorized |
| user who is in proximity to the firearm. Any violation of this subsection shall result in, for a first |
| offense, a civil infraction punishable by a fine of not more than two hundred fifty dollars ($250), |
| and for a second offense, a civil infraction punishable by a fine of not more than one thousand |
| dollars ($1,000). A third or subsequent violation of this subsection shall, upon conviction, be |
| punished by imprisonment for no more than six (6) months, or a fine of not more than five hundred |
| dollars ($500), or both. |
| (b)(c) A person who stores or leaves on premises under his or her their 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 or who knows or reasonably |
| should know that a person who is prohibited, under state or federal law, from purchasing or |
| possessing firearms is likely to gain access to the firearm, is guilty of criminal storage of a firearm |
| in the second degree if a child or person who is prohibited, under state or federal law, from |
| purchasing or possessing firearms 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, Any person who violates this section shall, upon conviction, shall be punished by |
| imprisonment for no more than one year, or be fined not more than one thousand dollars ($1,000) |
| 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) eighteen (18) years. |
| (d) A person is guilty of criminal storage of a firearm in the first degree if they commit the |
| crime of criminal storage in the second degree and the firearm obtained by a child or a person who |
| is prohibited, under state or federal law, from purchasing or possessing firearms is used by said |
| person in the commission of a crime or to cause injury to himself or herself or any other person. |
| Any violation of this subsection shall, upon conviction, be punishable by imprisonment for not |
| more than five (5) years, or a fine of not more than five thousand dollars ($5,000), or both. |
| (c)(e) The provisions of subsection (b) subsections (c) and (d) of this section shall not apply |
| whenever any of the following occurs: |
| (1) The child or person who is prohibited, under state or federal law, from purchasing or |
| possessing firearms 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 in a locked container or equipped with a tamper-resistant mechanical |
| lock or other safety device, properly engaged in order to render such firearm inoperable by any |
| person other than the owner or other lawfully authorized user; |
| (3) The firearm is being 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 by or can be readily |
| carried by a lawfully authorized user who is in proximity to the firearm; or |
| (4) The firearm is locked with a locking device; |
| (5) The child or person who is prohibited, under state or federal law, from purchasing or |
| possessing firearms 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)(f)(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 |
| attorney 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. |
| 11-47-60.3. Trigger lock required. |
| No licensed retail dealer shall deliver any pistol, rifle, or shotgun to any purchaser without |
| providing a trigger lock or other safety device designed to prevent an unauthorized user from |
| operating the pistol firearm. |
| SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended |
| by adding thereto the following section: |
| 11-47-60.4. Secure storage information and awareness. |
| (a)At any site where firearms sales or transfers are conducted by licensed dealers in Rhode |
| Island, the licensed dealers shall conspicuously display a sign containing the information set forth |
| in subsection (b) of this section, in any area where the sales or transfers occur. Such signs shall be |
| posted in a manner so that they can be easily viewed by persons to whom firearms are sold or |
| transferred, and shall not be removed, obscured, or rendered illegible. If the site where the sales or |
| transfers occur are the premises listed on the dealer's federal firearms license(s), an additional such |
| sign shall be placed at or near the entrance. |
| (b) Each informational sign shall be at least eight and one-half inches (8 ½") high by eleven |
| inches (11") wide, and feature black text against a white background and letters that are at least |
| one-half inch (1/2") high. The signs shall not contain other statements or markings other than the |
| following text, in English and Spanish: |
| WARNING: Access to a firearm in the home significantly increases the risk of suicide, |
| death during domestic violence disputes, and the unintentional death of children, household |
| members, or others. If you or a loved one is experiencing distress and/or depression, call the 988 |
| Suicide and Crisis hotline or text "HOME" to 741741. |
| Secure firearm storage is the law in Rhode Island. Rhode Island state law requires gun |
| owners to securely store their firearms any time the firearms are not in their possession or control |
| and to securely store firearms in premises under their control where a child or person prohibited |
| from purchasing or possessing firearms is likely to gain access to them. Failure to securely store |
| firearms as required by law may result in fines and/or criminal prosecution. |
| (c) The department of health, in consultation with the state police, shall develop detailed |
| printed information to be made available to licensed dealers at no cost to the dealers, in English |
| and Spanish, regarding the risks of access to firearms,; state laws requiring secure firearm storage,; |
| a summary of the major provisions of chapter 47 of title 11 relating to firearms, including, but not |
| limited to, the duties of the sellers and purchasers and possessors of firearms,; and suicide |
| prevention resources. Licensed dealers shall distribute this printed information to all purchasers of |
| firearms. |
| (d). The department of health and department of education shall annually develop detailed |
| information for students and their families, parents, and guardians regarding the importance of |
| secure gun storage to protect minors from accessing firearms,; the risks of access to firearms,; |
| secure firearm storage requirements under state law,; and suicide prevention and other behavioral |
| health resources. School districts shall annually distribute a pamphlet containing this information, |
| in English and in Spanish, to all enrolled students and their parents or guardians and make this |
| information electronically accessible on the district’s webpage. |
| SECTION 3. This act shall take effect upon passage. |
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| LC004005/SUB A/2 |
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