Rhode Island's safe storage law, RIGL 11-47-60.1[1], requires a person who stores or leaves a firearm in any place to secure it so that it is inoperable by any person other than the owner or other lawfully authorized user. The 2024 expansion (P.L. 2024, ch. 107/108)[2] broadened these obligations. This guide explains the requirements through practical scenarios.
Basic Storage Requirement
Under 11-47-60.1(b), a firearm that is stored or left in any place must be secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged to render it inoperable by anyone other than the owner or another lawfully authorized user, unless it is carried by or can be readily carried by a lawfully authorized user in proximity to it. This applies to all firearms. It does not matter whether the owner lives alone or with others. The firearm must be secured so that it is inoperable by any person other than the owner or another lawfully authorized user, unless it is being carried by or can be readily carried by a lawfully authorized user who is in proximity to it.
Child Access and the Criminal Storage Provisions
The standalone storage duty in Section 11-47-60.1(b) applies uniformly to all firearms. It does not impose a separate ammunition-storage rule and does not contain a heightened tier keyed to whether a minor is present. Rhode Island law does, however, layer two frameworks. Under the criminal storage provisions (Section 11-47-60.1(c) and (d)), a person who stores or leaves a firearm on premises under their control is guilty of criminal storage in the second degree if they know or reasonably should know that a child is likely to gain access to it without the permission of the child's parent or guardian, or that a prohibited person is likely to gain access to it, and the child or prohibited person obtains access to the firearm. The offense is first degree if the firearm is then used in the commission of a crime or to cause injury. These provisions do not apply when the firearm is secured in a locked container or with a properly engaged lock or safety device, when it is carried by or can be readily carried by a lawfully authorized user in proximity to it, when access results from an illegal entry or an illegal taking, or when the child or prohibited person obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person. The 2024 expansion (P.L. 2024, ch. 107 and ch. 108) created the separate standalone duty in subsection (b) to store firearms securely. A first or second violation of that duty is a civil infraction, and a third or subsequent violation is punishable on conviction by imprisonment, a fine, or both, regardless of whether anyone gains access or any harm results.
Practical Scenarios
- Home alone, firearm on nightstand: The storage requirement does not apply to a firearm that is being carried by or can be readily carried by a lawfully authorized user who is in proximity to it. A firearm that is not carried by or readily carried by a lawfully authorized user in proximity must be secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged.
- Firearm in bedroom closet: A firearm left in an unlocked closet is not compliant, even if the closet door is closed, unless a lawfully authorized user who is in proximity to it can readily carry it. Otherwise it must be in a locked safe, locked case, or equipped with an engaged trigger lock or other safety device.
- Firearm in vehicle: A firearm left unattended in a vehicle must be secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged. A firearm in an unlocked glove compartment or center console can instead be secured with a tamper-resistant mechanical lock or other safety device, properly engaged to render it inoperable by anyone other than the owner or another lawfully authorized user. The storage exception applies when a lawfully authorized user is carrying the firearm or can readily carry it while in proximity to it.
- Firearm at a range or while hunting: The only exception in 11-47-60.1(b) is for a firearm carried by or readily carried by a lawfully authorized user in proximity to it.
Acceptable Storage Methods
- A locked gun safe of any size
- A locked hard-sided gun case
- A tamper-resistant mechanical lock or other safety device, properly engaged so that the firearm is inoperable by anyone other than the owner or another lawfully authorized user
- A trigger lock properly engaged so that the firearm is inoperable by anyone other than the owner or another lawfully authorized user
- A locked lock box, whether or not it is bolted to a permanent structure
Penalties
The 2024 expansion created a tiered penalty structure for violations of the standalone storage duty[1]:
- First offense: Civil infraction punishable by a fine of not more than $250
- Second offense: Civil infraction punishable by a fine of not more than $1,000
- Third or subsequent offense: On conviction, imprisonment for no more than six months, a fine of not more than $500, or both
These penalties apply to the standalone storage violation, which is storing or leaving a firearm in any place without securing it in a locked container or with a tamper-resistant mechanical lock or other safety device, properly engaged, when it is not being carried by and cannot be readily carried by a lawfully authorized user who is in proximity to it. A first or second offense is a civil matter, not a criminal charge.
Separate and more severe penalties apply under the criminal storage provisions when a person stores or leaves a firearm on premises under their control, knows or reasonably should know that a child or a prohibited person is likely to gain access to it, and that child or person obtains access to the improperly stored firearm. Second-degree criminal storage carries up to one year of imprisonment, a fine of up to $1,000, or both. If the firearm is then used in the commission of a crime or to cause injury to any person, the offense becomes first-degree criminal storage, punishable by up to five years of imprisonment, a fine of up to $5,000, or both.
Sources
Related
- Prohibited Persons: Who Cannot Own Firearms in Rhode Island
- Red Flag Laws: Understanding Rhode Island ERPOs
- Domestic Violence and Firearms: Surrender Process Guide
- Ammunition Purchase Requirements in Rhode Island
- How to Restore Your Firearms Rights After Disqualification
- Understanding Rhode Island Firearms Penalties