2023 -- H 5434

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LC001293

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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 Caldwell, Knight, Kazarian, McEntee, Craven, McGaw,
Dawson, Batista, Ajello, and Boylan

     Date Introduced: February 08, 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 - 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. For purposes of

this section, such firearm shall not be deemed stored or left if the firearm is being carried by or is

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

retrieved and used as if carried on said person. 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 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 carried on by the person owner or other lawfully authorized user or

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

carried on the person; and

     (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

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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.

     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

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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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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 penalties and

criminal penalties for violations.

     This act would take effect upon passage.

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LC001293

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