2024 -- S 2202 SUBSTITUTE A | |
======== | |
LC004006/SUB A | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- WEAPONS | |
| |
Introduced By: Senators Lauria, Pearson, Lawson, Gallo, Euer, DiMario, Miller, Felag, | |
Date Introduced: January 24, 2024 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 11-47-60.1 and 11-47-60.3 of the General Laws in Chapter 11-47 |
2 | entitled "Weapons" are hereby amended to read as follows: |
3 | 11-47-60.1. Safe storage Safe storage - Unsafe storage of a firearm. |
4 | (a) Nothing in this section shall be construed to reduce or limit any existing right to |
5 | purchase and own firearms and/or ammunition or to provide authority to any state or local agency |
6 | to infringe upon the privacy of any family, home or business except by lawful warrant. |
7 | (b) A person who stores or leaves a firearm in any place is guilty of the violation of unsafe |
8 | storage of a firearm unless the firearm is secured in a locked container or equipped with a tamper- |
9 | resistant mechanical lock or other safety device, properly engaged in order to render such firearm |
10 | inoperable by any person other than the owner or other lawfully authorized user. This section does |
11 | not apply to a firearm that is being carried by or can be readily carried by a lawfully authorized |
12 | user who is in proximity to the firearm. Any violation of this subsection shall result in, for a first |
13 | offense, a civil infraction punishable by a fine of not more than two hundred fifty dollars ($250), |
14 | and for a second offense, a civil infraction punishable by a fine of not more than one thousand |
15 | dollars ($1,000). A third or subsequent violation of this subsection shall, upon conviction, be |
16 | punished by imprisonment for no more than six (6) months, or a fine of not more than five hundred |
17 | dollars ($500), or both. |
18 | (b)(c) A person who stores or leaves on premises under his or her control a loaded firearm |
19 | and who knows or reasonably should know that a child is likely to gain access to the firearm without |
| |
1 | the permission of the child’s parent or guardian, and the child or who knows or reasonably should |
2 | know that a person who is prohibited, under state or federal law, from purchasing or possessing |
3 | firearms is likely to gain access to the firearm, is guilty of criminal storage of a firearm in the |
4 | second degree if a child or person who is prohibited, under state or federal law, from purchasing or |
5 | possessing firearms obtains access to the firearm. and causes injury to himself or herself or any |
6 | other person with the firearm, is guilty of the crime of criminal storage of a firearm and, Any person |
7 | who violates this section shall, upon conviction, shall be punished by imprisonment for no more |
8 | than one year, or be fined not more than one thousand dollars ($1,000) or imprisoned for not more |
9 | than one year, or both. For purposes of this section, a “child” is defined as any person who has not |
10 | attained the age of sixteen (16) eighteen (18) years. |
11 | (d) A person is guilty of criminal storage of a firearm in the first degree if they commit the |
12 | crime of criminal storage in the second degree and the firearm obtained by a child or a person who |
13 | is prohibited, under state or federal law, from purchasing or possessing firearms is used by said |
14 | person in the commission of a crime or to cause injury to himself or herself or any other person. |
15 | Any violation of this subsection shall, upon conviction, be punishable by imprisonment for not |
16 | more than five (5) years, or a fine of not more than five thousand dollars ($5,000), or both. |
17 | (c)(e) The provisions of subsection (b) subsections (c) and (d) of this section shall not apply |
18 | whenever any of the following occurs: |
19 | (1) The child or person who is prohibited, under state or federal law, from purchasing or |
20 | possessing firearms obtains the firearm as a result of an illegal entry of any premises by any person |
21 | or an illegal taking of the firearm from the premises of the owner without permission of the owner; |
22 | (2) The firearm is kept in a locked container or in a location which a reasonable person |
23 | would believe to be secured in a locked container or equipped with a tamper-resistant mechanical |
24 | lock or other safety device, properly engaged in order to render such firearm inoperable by any |
25 | person other than the owner or other lawfully authorized user; |
26 | (3) The firearm is being carried on the person or within such a close proximity so that the |
27 | individual can readily retrieve and use the firearm as if carried on the person by or can be readily |
28 | carried by a lawfully authorized user who is in proximity to the firearm; or |
29 | (4) The firearm is locked with a locking device; |
30 | (5) The child or person who is prohibited, under state or federal law, from purchasing or |
31 | possessing firearms obtains or obtains and discharges the firearm in a lawful act of self-defense or |
32 | defense of another person; . |
33 | (6) The person who keeps a loaded firearm on any premises which is under his or her |
34 | custody or control has no reasonable expectations, based on objective facts and circumstances, that |
| LC004006/SUB A - Page 2 of 4 |
1 | a child is likely to be present on the premises. |
2 | (d)(f)(1) If the person who allegedly violated this section is the parent or guardian of a child |
3 | who is injured or who dies as the result of an accidental shooting, the attorney general’s department |
4 | attorney general shall consider among other factors, the impact of the injury or death on the person |
5 | who has allegedly violated this section when deciding whether to prosecute an alleged violation. |
6 | (2) It is the intent of the general assembly that a parent or guardian of a child who is injured |
7 | or who dies of an accidental shooting shall be prosecuted only in those instances in which the parent |
8 | or guardian behaved in a grossly negligent manner. |
9 | 11-47-60.3. Trigger lock required. |
10 | No licensed retail dealer shall deliver any pistol, rifle or shotgun to any purchaser without |
11 | providing a trigger lock or other safety device designed to prevent an unauthorized user from |
12 | operating the pistol firearm. |
13 | SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended |
14 | by adding thereto the following section: |
15 | 11-47-60.4. Secure storage information and awareness. |
16 | (a)At any site where firearms sales or transfers are conducted by licensed dealers in Rhode |
17 | Island, the licensed dealers shall conspicuously display a sign containing the information set forth |
18 | in subsection (b) of this section, in any area where the sales or transfers occur. Such signs shall be |
19 | posted in a manner so that they can be easily viewed by persons to whom firearms are sold or |
20 | transferred, and shall not be removed, obscured, or rendered illegible. If the site where the sales or |
21 | transfers occur are the premises listed on the dealer's federal firearms license(s), an additional such |
22 | sign shall be placed at or near the entrance. |
23 | (b) Each informational sign shall be at least eight and one-half inches (8 ½") high by eleven |
24 | inches (11") wide, and feature black text against a white background and letters that are at least |
25 | one-half inch (1/2") high. The signs shall not contain other statements or markings other than the |
26 | following text, in English and Spanish: |
27 | WARNING: Access to a firearm in the home significantly increases the risk of suicide, |
28 | death during domestic violence disputes, and the unintentional death of children, household |
29 | members, or others. If you or a loved one is experiencing distress and/or depression, call the 988 |
30 | Suicide and Crisis hotline or text "HOME" to 741741. |
31 | Secure firearm storage is the law in Rhode Island. Rhode Island state law requires gun |
32 | owners to securely store their firearms any time the firearms are not in their possession or control |
33 | and to securely store firearms in premises under their control where a child or person prohibited |
34 | from purchasing or possessing firearms is likely to gain access to them. Failure to securely store |
| LC004006/SUB A - Page 3 of 4 |
1 | firearms as required by law may result in fines and/or criminal prosecution. |
2 | (c) The department of health, in consultation with the state police, shall develop detailed |
3 | printed information to be made available to licensed dealers at no cost to the dealers, in English |
4 | and Spanish, regarding the risks of access to firearms, state laws requiring secure firearm storage, |
5 | a summary of the major provisions of chapter 47 of title 11 relating to firearms, including, but not |
6 | limited to, the duties of the sellers and purchasers and possessors of firearms, and suicide prevention |
7 | resources. Licensed dealers shall distribute this printed information to all purchasers of firearms. |
8 | (d). The department of health and department of education shall annually develop detailed |
9 | information for students and their families, parents and guardians regarding the importance of |
10 | secure gun storage to protect minors from accessing firearms, the risks of access to firearms, secure |
11 | firearm storage requirements under state law, and suicide prevention and other behavioral health |
12 | resources. School districts shall annually distribute a pamphlet containing this information, in |
13 | English and in Spanish, to all enrolled students and their parents or guardians and make this |
14 | information electronically accessible on the district’s webpage. |
15 | SECTION 3. This act shall take effect upon passage. |
======== | |
LC004006/SUB A | |
======== | |
| LC004006/SUB A - Page 4 of 4 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- WEAPONS | |
*** | |
1 | This act would require the safe storage of firearms and would provide civil and criminal |
2 | penalties for violations. It would also add rifles and shotguns to the type of firearms that require a |
3 | trigger lock to be included with purchase. Firearms dealers would be required to post informational |
4 | signs regarding safe storage. |
5 | This act would take effect upon passage. |
======== | |
LC004006/SUB A | |
======== | |
| LC004006/SUB A - Page 5 of 4 |