2026 -- H 7636 | |
======== | |
LC004974 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
____________ | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- SUICIDE PREVENTION--VOLUNTARY | |
FIREARM RESTRICTIONS ACT | |
| |
Introduced By: Representatives Boylan, Caldwell, Casimiro, Dawson, Craven, Read, | |
Date Introduced: February 11, 2026 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 106 |
4 | SUICIDE PREVENTION--VOLUNTARY FIREARM RESTRICTIONS ACT |
5 | 23-106-1. Short title. |
6 | This chapter shall be known and may be cited as the "Suicide Prevention--Voluntary |
7 | Firearm Restrictions Act." |
8 | 23-106-2. Definitions. |
9 | When used in this chapter, the following words and phrases are construed as follows: |
10 | (1) "Cohabitant" means an individual who is twenty-one (21) years of age or older who |
11 | resides in the same residence as one or more other individuals. |
12 | (2) "Department" means the department of attorney general and its bureau of criminal |
13 | identification (BCI). |
14 | (3) "Firearm" shall have the same meaning as defined in § 11-47-2. |
15 | (4) "Healthcare provider" means person who provides healthcare or professional services |
16 | related to healthcare and who is acting within the scope of the person's license, certification, |
17 | practice, education or training. |
18 | (5) "Illegal firearm" means and includes, but is not limited to, any ghost gun, undetectable |
| |
1 | firearm, sawed-off shotgun, machine gun or any other firearm illegal to possess pursuant to chapter |
2 | 47 of title 11. |
3 | (6) "Indefinite list" means the list established pursuant to the provisions of § 23-106- |
4 | 3(b)(2). |
5 | (7) "Law enforcement agency" means any municipal or state police agency or any sworn |
6 | law enforcement officer of that agency. |
7 | (8) "Owner cohabitant" means a cohabitant who owns, in whole or in part, any firearm. |
8 | (9) "Restricted list" means a list established pursuant to the provisions of § 23-106-3(b)(1) |
9 | and 3(b)(2). |
10 | (10) "Temporary list" means the list established pursuant to the provisions of § 23-106- |
11 | 3(b)(1). |
12 | 23-106-3. Voluntary restrictions on firearm purchase and possession. |
13 | (a) An individual who is not otherwise prohibited from possessing a firearm pursuant to |
14 | the provisions of chapter 47 of title 11 ("weapons") or any other provision of federal or state law, |
15 | may voluntarily request to be placed on a restricted list, as set forth in this section, which would |
16 | prohibit the individual from purchasing, possessing or having within that individual's custody or |
17 | control, any firearm. |
18 | (b) An individual requesting inclusion on a restricted list may request placement on one of |
19 | the following lists: |
20 | (1) A restricted list that restricts the individual from purchasing or possessing a firearm for |
21 | one hundred eighty (180) days (temporary list) with automatic removal from the list at the end of |
22 | that time period; provided, however, the individual may request removal from the list on or after |
23 | thirty (30) days after the day on which the individual was added to the restricted list. No request by |
24 | the individual to be removed shall be denied; or |
25 | (2) A restricted list that restricts the individual from purchasing or possessing a firearm |
26 | indefinitely and which allows the individual to request removal from the list on or after ninety (90) |
27 | days after the day on which the individual was added to the restricted list. No request by the |
28 | individual to be removed shall be denied. |
29 | 23-106-4. Forms -- Information to be provided by and to the department of attorney |
30 | general. |
31 | (a) The department shall develop a process and forms for inclusion on, and removal from, |
32 | the restricted lists, as described in § 23-106-3. Forms developed shall be maintained by the |
33 | department and shall be made available by download through the department's website and in paper |
34 | form at its various locations throughout the state. The forms shall provide for the individual's |
| LC004974 - Page 2 of 8 |
1 | personal information to include, but not be limited to, the following: |
2 | (1) Name; |
3 | (2) Address; |
4 | (3) Date of birth; |
5 | (4) Contact information, to include phone number(s) and email address(es); |
6 | (5) A copy of the individual's drivers' license or other governmentally-issued identification |
7 | card; |
8 | (6) The individual's signature; and |
9 | (7) An acknowledgement as provided in § 23-106-7. |
10 | (b) Any individual requesting inclusion on either restricted list as set forth in § 23-106-3, |
11 | shall: |
12 | (1) Deliver the completed form, in person, to either the law enforcement agency for the |
13 | city or town in which the individual resides, or to the Rhode Island state police. The law |
14 | enforcement agency shall then transmit true copies of the information to the department; or |
15 | (2) Direct the individual's healthcare provider to electronically deliver the individual's |
16 | completed form to the department. The department, upon receiving a request from any healthcare |
17 | provider for the individual, shall: |
18 | (i) Verify the individual's identity by requiring the healthcare provider to transmit a copy |
19 | of the individual's drivers' license or other governmentally issued identification card; |
20 | (ii) Require the healthcare provider to provide a medical release form signed by the |
21 | individual authorizing the healthcare provider to release the form and other pertinent information |
22 | to the department; and |
23 | (iii) In addition to the acknowledgement signed by the individual, the healthcare provider |
24 | shall also sign an acknowledgement as provided in § 23-106-7. |
25 | (3) The department shall not, except as provided in subsection (b)(2) of this section, accept |
26 | a form from any other person other than the individual named on the form. |
27 | 23-106-5. Inclusion -- Removal from list. |
28 | (a) Upon receipt of a verified form, as provided in this section, requesting that an individual |
29 | be included on a restricted list, the department shall, within twenty-four (24) hours, add the |
30 | individual to the restricted list as requested. |
31 | (b) An individual added, at their request, to the temporary list, may not request removal |
32 | from the list unless the individual has been restricted for at least thirty (30) days. |
33 | (c) The department shall, absent a request by the individual to extend their inclusion on the |
34 | temporary list, remove the individual's name and other identifying information from the list at the |
| LC004974 - Page 3 of 8 |
1 | end of the one hundred eighty (180) days. The department shall not require any action on the part |
2 | of the individual for this automatic removal from the temporary list. |
3 | (d) The individual may request to remain on the temporary list in the same manner and on |
4 | the same form as initially requested; |
5 | (e) An individual added, at their request, to the indefinite list, may not request removal |
6 | from the list unless the individual has been restricted for at least ninety (90) days. The individual's |
7 | name and information shall not be removed from the indefinite list unless and until the individual, |
8 | consistent with this section, requests that their name and information be removed from the |
9 | indefinite list. Removal shall be automatic and take place twenty-one (21) days after receipt of the |
10 | request. |
11 | 23-106-6. Concealed permit holders. |
12 | If an individual restricted pursuant to the provisions of this chapter is a concealed firearm |
13 | permit holder, the individual's permit shall be: |
14 | (1) Suspended upon entry and inclusion on the restricted list; |
15 | (2) Reinstated immediately upon removal from the restricted list, unless: |
16 | (i) The permit has expired, been revoked or suspended for other reasons unrelated to the |
17 | voluntary restrictions imposed pursuant to this chapter; or |
18 | (ii) The individual has become a prohibited person pursuant to the provisions of chapter 47 |
19 | of title 11 or any other provision of federal or state law. |
20 | 23-106-7. Acknowledgement of individual requesting to be restricted. |
21 | (a) An individual requesting to be temporarily restricted from purchasing or possessing any |
22 | firearm shall complete and sign the form which shall include the following language: |
23 | ACKNOWLEDGMENT |
24 | By presenting this completed form to a law enforcement agency, I understand that I am |
25 | requesting that my name be placed on a restricted list that prohibits my ability to purchase or |
26 | possess firearms for a minimum of thirty (30) days, and up to six (6) months. |
27 | I understand that by voluntarily making myself an indefinitely restricted person, I may not |
28 | have any firearm in my possession, custody or control and may not attempt to purchase any firearm |
29 | while I am on the restricted list. I also understand that any time after thirty (30) days, I may request |
30 | removal from the list and all previous rights I possessed to purchase and possess firearms shall be |
31 | restored. |
32 | In addition, if I am in possession of a concealed carry permit, that permit shall be suspended |
33 | during the time that I am on the restricted list; provided, however, that permit shall be reinstated |
34 | unless the permit has expired, been suspended or revoked for reasons unrelated to the voluntary |
| LC004974 - Page 4 of 8 |
1 | restrictions, or I have become prohibited from possessing a firearm pursuant to and in accordance |
2 | with the provisions of chapter 47 of title 11 or any other provision of federal or state law. |
3 | Additionally, I acknowledge that should I possess or attempt to purchase a firearm in any |
4 | other state during the time in which I am restricted, that I shall be subject to any law of that |
5 | jurisdiction regarding restricted or prohibited persons. |
6 | (b) An individual requesting to be indefinitely restricted from purchasing or possessing any |
7 | firearm shall, complete and sign the form which shall include the following language: |
8 | ACKNOWLEDGMENT |
9 | By presenting this completed form to a law enforcement agency, I understand that I am |
10 | requesting that my name be placed on an indefinitely restricted list that prohibits my ability to |
11 | purchase or possess firearms for a minimum of ninety (90) days, and for an indefinite time unless |
12 | I request removal from the restricted list. |
13 | I understand that by voluntarily making myself an indefinitely restricted person, I may not |
14 | have any firearm in my possession, custody or control and may not attempt to purchase any firearm |
15 | while I am on the restricted list. I also understand that any time after ninety (90) days, I may request |
16 | removal from the list and all previous rights I possessed to purchase and possess firearms shall be |
17 | restored. |
18 | In addition, if I am in possession of a concealed carry permit, that permit shall be suspended |
19 | during the time that I am on the restricted list; provided, however, that permit shall be reinstated |
20 | unless the permit has expired, been suspended or revoked for reasons unrelated to the voluntary |
21 | restrictions, or I have become prohibited from possessing a firearm pursuant to and in accordance |
22 | with the provisions of chapter 47 of title 11 or any other provision of federal or state law. |
23 | Additionally, I acknowledge that should I possess or attempt to purchase a firearm in any |
24 | other state during the time in which I am restricted, that I shall be subject to any law of that |
25 | jurisdiction regarding restricted or prohibited persons. |
26 | (c) An individual requesting inclusion on a restricted list by and through a healthcare |
27 | provider and the healthcare provider that completes and/or provides a voluntary restriction form on |
28 | behalf of a patient shall complete and sign a form including the following language: |
29 | ACKNOWLEDGEMENT |
30 | By presenting this completed form to my healthcare provider, I understand that I am |
31 | requesting that my healthcare provider present my name to the department of attorney general to |
32 | be placed on a restricted list that prohibits my ability to purchase or possess a firearm. I have signed |
33 | an acknowledgment, included herewith, and understand the restrictions to which I am voluntarily |
34 | subjecting myself. I have discussed with my healthcare provider the following acknowledgment |
| LC004974 - Page 5 of 8 |
1 | which contains my healthcare provider's signature. |
2 | ____________________________ |
3 | To be signed by healthcare provider: |
4 | By presenting this completed form to the department of attorney general, I understand that |
5 | I am acknowledging that I have verified the identify of _____________________ seeking inclusion |
6 | on a list restricting the patient's right to purchase and / or possess firearms. |
7 | I affirm that ___________________ is currently my patient, and that I am a licensed |
8 | healthcare provider acting within the scope of my license, certification, practice, education and/or |
9 | training and that to the best of my knowledge, ____________________ is requesting inclusion on |
10 | the restricted list freely and voluntarily. |
11 | ________________________________ |
12 | 23-106-8. Removal from restricted list. |
13 | (a) An individual requesting removal from either the temporary or indefinite restricted lists |
14 | shall complete and deliver a removal form to the law enforcement agency and or department which |
15 | processed the inclusion form. |
16 | (b) The law enforcement agency: |
17 | (1) Shall verify the individual's identity before accepting the removal form; |
18 | (2) May not accept a removal form from someone other than the individual named on the |
19 | form; |
20 | (3) Shall transmit the removal form electronically to the department and BCI within |
21 | twenty-four (24) hours of its receipt from the individual; and |
22 | (4) Remove the individual and their information from its database within twenty-four (24) |
23 | hours of receipt of the removal form from the individual. |
24 | (c) The department/BCI shall remove the individual from the restricted list in its database |
25 | and provide the information mandating the individual's removal from the list to the National Instant |
26 | Criminal Background Check System. |
27 | 23-106-9. Maintenance -- Destruction of records. |
28 | (a) The department and/or law enforcement agencies shall maintain all records relative to |
29 | the voluntary restriction lists generated pursuant to this chapter. Any records generated relative to |
30 | any request to be included on the lists or records requesting the removal from the restricted lists, |
31 | shall not be open or available for access by the public pursuant to chapter 2 of title 38 ("access to |
32 | public records"). |
33 | (b) Upon receipt of a request by the individual to be removed from the restricted lists, or |
34 | upon expiration of the one hundred eighty (180) days for the temporary list, and upon completion |
| LC004974 - Page 6 of 8 |
1 | of the individual's removal from the list, the department/ BCI and law enforcement agencies shall |
2 | destroy the entire file and all records associated with the individual's inclusion on the restricted list. |
3 | For purposes of this subsection, the entire file and all records includes, but is not limited to, all |
4 | electronic records, paper records or any other reference to the individual's inclusion and removal |
5 | from the restricted list. |
6 | (c) The individual's inclusion or removal from the lists shall not be used by the department |
7 | or law enforcement agencies for purposes of any background checks for the purchase or possession |
8 | of firearms by the individual and shall not be considered in any application for a concealed carry |
9 | permit or the renewal of any such permit. |
10 | 23-106-10. Penalties. |
11 | (a) There shall be a twenty-five dollar ($25.00) civil fine for firearm possession by a person |
12 | on the indefinite list or temporary list assessed and collected by the department of the attorney |
13 | general. |
14 | (b) It shall be a misdemeanor for adding or attempting to add a person to a restricted list |
15 | without their knowledge. |
16 | SECTION 2. This act shall take effect upon passage. |
======== | |
LC004974 | |
======== | |
| LC004974 - Page 7 of 8 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- SUICIDE PREVENTION--VOLUNTARY | |
FIREARM RESTRICTIONS ACT | |
*** | |
1 | This act would create a process for an individual to voluntarily be either temporarily or |
2 | indefinitely added to a list restricting their rights to purchase or possess firearms as well as to |
3 | request removal from the restricted list. The act would further require that all individual records |
4 | related to the person's inclusion on the list would be destroyed and not subject to the access to |
5 | public records act. Additionally, the act would also impose a twenty-five dollar ($25.00) fine for |
6 | firearm possession by a person on a restricted list and make it a misdemeanor for adding or |
7 | attempting to add a person to either restricted list without their knowledge. |
8 | This act would take effect upon passage. |
======== | |
LC004974 | |
======== | |
| LC004974 - Page 8 of 8 |