2024 -- S 2202

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LC004006

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

     

     Introduced By: Senators Lauria, Pearson, Lawson, Gallo, Euer, DiMario, Miller, Felag,
DiPalma, and Cano

     Date Introduced: January 24, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 11-47-60.1 and 11-47-60.3 of the General Laws in Chapter 11-47

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entitled "Weapons" are hereby amended to read as follows:

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     11-47-60.1. Safe storage Safe storage - Unsafe storage of a firearm.

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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 being carried by or is

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within such proximity to its owner or other lawfully authorized user that the firearm can be readily

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retrieved and used as if carried on said person. Any violation of this subsection shall result in, for

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a first offense, a civil infraction punishable by a fine of not more than two hundred fifty dollars

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($250), and for a second offense, a civil infraction punishable by a fine of not more than one

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thousand dollars ($1,000). A third or subsequent violation of this subsection shall, upon conviction,

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be punished by imprisonment for no more than six (6) months, or a fine of not more than five

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hundred dollars ($500), or both.

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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 or who knows or reasonably should

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know that a person who is prohibited, under state or federal law, from purchasing or possessing

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firearms is likely to gain access to the firearm, is guilty of criminal storage of a firearm in the

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second degree if a child or person who is prohibited, under state or federal law, from purchasing or

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possessing firearms obtains access to the firearm. and causes injury to himself or herself or any

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other person with the firearm, is guilty of the crime of criminal storage of a firearm and, Any person

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who violates this section shall, upon conviction, shall be punished by imprisonment for no more

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than one year, or be fined not more than one thousand dollars ($1,000) or imprisoned for not more

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than one year, or both. For purposes of this section, a “child” is defined as any person who has not

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

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     (d) A person is guilty of criminal storage of a firearm in the first degree if they commit the

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crime of criminal storage in the second degree and the firearm obtained by a child or a person who

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is prohibited, under state or federal law, from purchasing or possessing firearms is used by said

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person in the commission of a crime or to cause injury to himself or herself or any other person.

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Any violation of this subsection shall, upon conviction, be punishable by imprisonment for not

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more than five (5) years, or a fine of not more than five thousand dollars ($5,000), or both.

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     (c)(e) The provisions of subsection (b) subsections (c) and (d) of this section shall not apply

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whenever any of the following occurs:

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     (1) The child or person who is prohibited, under state or federal law, from purchasing or

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possessing firearms obtains the firearm as a result of an illegal entry of any premises by any person

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or an illegal taking of the firearm from the premises of the owner without permission of the 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 by the person owner or other lawfully authorized user or

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within such a close proximity so that the individual can readily retrieve and use the firearm as if

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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 or person who is prohibited, under state or federal law, from purchasing or

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possessing firearms obtains or obtains and discharges the firearm in a lawful act of self-defense or

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

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

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

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who has allegedly violated this section when deciding whether to prosecute an alleged 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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     11-47-60.3. Trigger lock required.

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     No licensed retail dealer shall deliver any pistol, rifle or shotgun to any purchaser without

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providing a trigger lock or other safety device designed to prevent an unauthorized user from

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operating the pistol firearm.

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     SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended

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by adding thereto the following section:

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     11-47-60.4. Secure storage information and awareness.

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     (a)At any site where firearms sales or transfers are conducted by licensed dealers in Rhode

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Island, the licensed dealers shall conspicuously display a sign containing the information set forth

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in subsection (b) of this section, in any area where the sales or transfers occur. Such signs shall be

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posted in a manner so that they can be easily viewed by persons to whom firearms are sold or

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transferred, and shall not be removed, obscured, or rendered illegible. If the site where the sales or

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transfers occur are the premises listed on the dealer's federal firearms license(s), an additional such

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sign shall be placed at or near the entrance.

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     (b) Each informational sign shall be at least eight and one-half inches (8 ½") high by eleven

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inches (11") wide, and feature black text against a white background and letters that are at least

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one-half inch (1/2") high. The signs shall not contain other statements or markings other than the

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following text, in English and Spanish:

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     WARNING: Access to a firearm in the home significantly increases the risk of suicide,

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death during domestic violence disputes, and the unintentional death of children, household

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members, or others. If you or a loved one is experiencing distress and/or depression, call the 988

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Suicide and Crisis hotline or text "HOME" to 741741.

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     Secure firearm storage is the law in Rhode Island. Rhode Island state law requires gun

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owners to securely store their firearms any time the firearms are not in their possession or control

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and to securely store firearms in premises under their control where a child or person prohibited

 

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from purchasing or possessing firearms is likely to gain access to them. Failure to securely store

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firearms as required by law may result in fines and/or criminal prosecution.

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     (c) The department of health, in consultation with the state police, shall develop detailed

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printed information to be made available to licensed dealers at no cost to the dealers, in English

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and Spanish, regarding the risks of access to firearms, state laws requiring secure firearm storage,

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a summary of the major provisions of chapter 47 of title 11 relating to firearms, including, but not

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limited to, the duties of the sellers and purchasers and possessors of firearms, and suicide prevention

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resources. Licensed dealers shall distribute this printed information to all purchasers of firearms.

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     (d). The department of health and department of education shall annually develop detailed

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information for students and their families, parents and guardians regarding the importance of

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secure gun storage to protect minors from accessing firearms, the risks of access to firearms, secure

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firearm storage requirements under state law, and suicide prevention and other behavioral health

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resources. School districts shall annually distribute a pamphlet containing this information, in

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English and in Spanish, to all enrolled students and their parents or guardians and make this

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information electronically accessible on the district’s webpage.

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     SECTION 3. 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 the safe storage of firearms and would provide civil and criminal

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penalties for violations. It would also add rifles and shotguns to the type of firearms that require a

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trigger lock to be included with purchase. Firearms dealers would be required to post informational

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signs regarding safe storage.

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     This act would take effect upon passage.

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