2023 -- S 0350

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LC000971

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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 COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --

CAUSES OF ACTION

     

     Introduced By: Senators de la Cruz, Rogers, F. Lombardi, Ciccone, Paolino, E Morgan,
Raptakis, and DeLuca

     Date Introduced: February 16, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby

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amended by adding thereto the following section:

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     9-1-55. Civil liability of individual or entity that prohibits the possession of firearms.

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     (a) Whenever any person who owns a firearm, and is authorized and licensed to carry a

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firearm, shall suffer any injury to his or her person or death, suffer physical, emotional and/or

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mental distress, incur economic loss or expense, property damage or any other compensable loss

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as a result of conduct occurring on real property, except residences, with a written notice prohibiting

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the possession of firearms, may recover his or her damages for the injury or death, physical,

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emotional and/or mental distress, economic loss or expense, property damage or any other

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compensable loss, in a civil action against the individual or entity that owns the real property that

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prohibits the possession of firearms.

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     (b) The cause of action set forth in subsection (a) of this section shall extend to the conduct

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of other invitees, trespassers, employees of the person or entity, vicious animals, wild animals, and

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defensible man-made and natural hazards.

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     (c) The statute of limitations for the cause of action set forth in subsection (a) of this section

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shall be three (3) years from the date of the occurrence of the conduct which gave rise to any

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damages.

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     (d) To prevail in a cause of action brought under this section, the plaintiff must show by a

 

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preponderance of the evidence that:

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     (1) The plaintiff owned a firearm, was authorized and licensed to carry a firearm or was

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not prohibited from carrying a firearm at the time of the incident giving rise to the action;

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     (2) The plaintiff did not carry the firearm on the property where the incident occurred

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because of the written notice prohibiting the possession of firearms;

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     (3) The injury, death, physical, emotional and/or mental distress, economic loss or expense,

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property damage or other compensable loss was caused as a result of the conduct that occurred on

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the real property and could have been avoided if the plaintiff was authorized to carry his or her

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firearm onto the real property; and

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     (4) The person or entity exercising control over the real property was not required by state

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or federal law to post the notice prohibiting the possession of firearms, but posted the notice by

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choice of that individual or entity.

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     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 COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --

CAUSES OF ACTION

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     This act would provide for a cause of action against an individual or entity that prohibits

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the possession of firearms on real property, except residences, by an individual that is authorized

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and licensed to carry a firearm. The cause of action would allow the injured individual to recover

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for injury to his or her person, death, physical, emotional and/or mental distress, economic loss or

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expense, property damage or any other compensable loss as a result of conduct occurring on the

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real property that prohibits the possession of firearms.

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     This act would take effect upon passage.

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LC000971

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