Child Access Prevention
Rhode Island law provides that:
“A person who stores or leaves on premises under their control a 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, or who knows or reasonably should know that a person who is prohibited, under state or federal law, from purchasing or possessing firearms, is like to gain access to the firearm, is guilty of the crime of criminal storage of a firearm in the second degree if a child or person who is prohibited…obtains access access to the firearm.”1 This carries a penalty of imprisonment of no more than one year, a fine of not more than $1000, or both.
The offense becomes criminal storage of a firearm in the first degree if the child or prohibited person uses the firearm in the commission of a crime or to cause injury to any person, including themself. A violation of this section is punishable by imprisonment of not more than five years, a fine of not more than $5000, or both. 2
The offense of criminal storage of a firearm in the first or second degree do not apply if:
- Access to the firearm is gained through illegal entry of any premises or an illegal taking of the firearm from the premises without the owner’s permission;
- 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;
- The firearm is being carried by or can readily be carried by a lawfully authorized user who is in proximity to the firearm; or
- The child or prohibited person acts in self-defense or defense of another person.3
If a person allegedly violating Rhode Island’s safe storage provisions is a parent or guardian of a child who is injured or dies due to an unintentional shooting, the Attorney General’s office, in deciding whether to prosecute the violation, must consider the impact of the injury or death on the alleged violator.4 A parent or guardian of a child who is injured or dies from an unintentional shooting will be prosecuted only in those instances in which the parent or guardian behaved in a grossly negligent manner.5
State regulations may also impose safe storage requirements under certain circumstances.
For related laws, see the Rhode Island Locking Devices section.
Every year, school districts are required to distribute information to all enrolled students and their parents or guardians about the importance of secure gun storage, the risks of access to firearms, secure firearm storage law, suicide prevention and behavior health resources.6
Safe Storage
“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.”7 This section does not apply if the firearm “is being carried by or can be readily carried by a lawfully authorized user who is in proximity of the firearm.”8 A first offense is a civil infraction carrying a maximum penalty of a $250 fine; a second offense is a civil infraction carrying a penalty of not more than $1000; a third or subsequent violation carries a punishment of up to 6 months imprisonment, a fine of not more than $250, or both.9
Rhode Island requires all licensed retail dealers to provide a trigger lock or other safety device when delivering any firearm to a purchaser.10 Dealers must also conspicuously display as sign which says the following, in any area where firearm sales or transfers occur, and shall be posted so that they can easily be viewed by people buying or receiving firearms:
“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.”11)
MEDIA REQUESTS
Our experts can speak to the full spectrum of gun violence prevention issues. Have a question? Email us at media@giffords.org.
Contact- R.I. Gen. Laws § 11-47-60.1(c).[↩]
- R.I. Gen. Laws § 11-47-60.1(d).[↩]
- R.I. Gen. Laws § 11-47-60.1(e).[↩]
- R.I. Gen. Laws § 11-47-60.1(d)(1).[↩]
- R.I. Gen. Laws § 11-47-60.1(f)(2).[↩]
- R.I. Gen. Laws § 11-47-60.3(d).[↩]
- R.I. Gen. Laws § 11-47-60.1(b).[↩]
- Id.[↩]
- Id.[↩]
- R.I. Gen. Laws § 11-47-60.3.[↩]
- R.I. Gen. Laws § 11-47-60.4(b[↩]