TITLE 11
Criminal Offenses

CHAPTER 11-47
Weapons

SECTION 11-47-5.4


§ 11-47-5.4. Surrender of firearms after domestic violence offenses.

(a) A plea of nolo contendere, resulting in a filing or probation or conviction shall prohibit the defendant from purchasing, carrying, transporting, or having in his or her possession any firearm. Upon such a plea or conviction, the court shall order the defendant to surrender all firearms owned by the person or in the person's possession as described in this section.

(1) Surrender shall be made within twenty-four (24) hours of prohibition to the Rhode Island state police or local law enforcement or to a licensed gun dealer. The arresting law enforcement agency shall be immediately notified by the court of the order to surrender firearms. A law enforcement agency or licensed gun dealer taking possession of a firearm shall issue a proof of surrender to the person surrendering the firearm. The proof of surrender must include the name of the person, the date of surrender, and the serial number, manufacturer, and model of all surrendered firearms.

(2) A defendant transporting a firearm to surrender in accordance with this section shall not be liable to prosecution under §§ 11-47-5(d) or 11-47-8.

(3) The defendant shall, within forty-eight (48) hours after being served with the order, either:

(i) File a copy of proof of surrender with the court of jurisdiction, and attest that all firearms owned by the person or in the person's possession at the time of plea or conviction have been surrendered in accordance with this section and that the person currently owns no firearms and has no firearms in his or her possession; or

(ii) Attest that, at the time of plea or conviction, the person owned no firearms and had no firearms in their possession, and that the person currently owns no firearms and has no firearms in his or her possession.

(4) The court of jurisdiction's copy of proof of surrender shall be kept under seal and shall not be part of the public record.

(5) The Rhode Island state police are authorized to develop rules, regulations and procedures pertaining to the storage of firearms that are surrendered pursuant to this section. The Rhode Island state police may consult with the Rhode Island Police Chiefs' Association in developing rules and procedures. Law enforcement agencies and departments shall observe due care in the receipt and storage of any firearm surrendered pursuant to this section. No law enforcement agency shall dispose of any firearm surrendered pursuant to this section unless that firearm is abandoned as provided in this section. The Rhode Island state police may consult with the Rhode Island Police Chiefs' Association in developing rules and procedures.

(6) A firearm surrendered to the Rhode Island state police or a local police department under this section shall be deemed abandoned if:

(i) Six (6) years have passed from the date of the completion of the defendant's sentence for an offense enumerated in § 11-47-5(a)(4); and

(ii) During the two (2) years following the six-year (6) period described in subsection (a)(6)(i) of this section, the Rhode Island state police or local police department has provided notice to the defendant, on at least two (2) separate occasions, that if the firearm is not reclaimed it shall be disposed of; and

(iii) After the two-year (2) period described in subsection (a)(6)(ii) of this section and after notice to the defendant, the defendant fails to reclaim the firearm.

(7) The Rhode Island state police may dispose of an abandoned firearm at any time, provided that no disposal shall occur while any appeal of the conviction for a crime enumerated in § 11-47-5(a)(4) is pending and provided that the owner of the firearm receives any financial value generated from its disposal less the cost associated with disposing of the firearm.

History of Section.
(P.L. 2017, ch. 374, § 3; P.L. 2017, ch. 385, § 3.)