2023 -- H 5369

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LC000222

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

     Introduced By: Representatives Fellela, Serpa, Messier, and Ackerman

     Date Introduced: February 03, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

is hereby amended to read as follows:

     11-47-60.1. Safe storage Safe storage -- Dillon's law.

     (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 on premises under his or her the person's control a loaded

firearm and who knows or reasonably should know that a child or any person prohibited by state

or federal law from possessing a firearm is likely to gain access to the firearm, without the

permission of the child’s parent or guardian, and the child or person prohibited by law obtains

access to the firearm and causes injury to himself or herself themself or any other person with the

firearm, is guilty of the crime of criminal storage of a firearm and, upon conviction, shall 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.

     (c) A person who stores or leaves on premises under the person's control a firearm and who

knows or reasonably should know that a child or any person prohibited by state or federal law from

possessing a firearm is likely to gain access to the firearm, and the child or person prohibited by

law obtains access to the firearm and causes serious bodily injury or death to themself or any other

person with the firearm, is guilty of the crime of felony criminal storage of a firearm and, upon

conviction, shall be fined not more than five thousand dollars ($5,000) or imprisoned for not more

than five (5) years, or both. For purposes of this section, "serious bodily injury" means any injury

that causes a substantial risk of death or causes protracted loss or impairment of the function of any

bodily part, member, or organ.

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

whenever any of the following occurs:

     (1) The child or the person prohibited by law from possessing a firearm 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;

     (3) The firearm is carried on the person of the lawful possessor or within such a close

proximity so that the individual lawful possessor can readily retrieve and use the firearm as if

carried on the person of the lawful possessor;

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

     (5) The child 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 their

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

a child or a person prohibited by law from possessing a firearm is likely to be present on the

premises.; or

     (7) The child has the express permission of a parent or guardian to access the firearm or is

under the direct and immediate supervision of a parent or guardian.

     (d)(e)(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 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.

     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 amend § 11-47-60.1 and raise the age to eighteen (18) years of age for

children to be prevented from accessing firearm due to failure of the possessor of the firearm to

provide safe storage. The act would further require that firearms be safely stored to prevent access

by persons prohibited by law from possessing a firearm. This act would also establish as a felony

the failure to safely store a firearm that resulted in serious bodily injury.

     This act would take effect upon passage.

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