Firearms on School Grounds (Section 11-47-60)

Rhode Island General Laws Section 11-47-60^[1] prohibits any person from possessing a firearm or other weapon on the grounds of any public or private elementary or secondary school, including portions of buildings, stadiums, or other structures being used for a school-sponsored activity and school-provided transportation. The statute does not apply to colleges, universities, or junior colleges. This prohibition applies regardless of whether the person holds a License to Carry a Concealed Weapon (LCCW) issued under Section 11-47-11 or Section 11-47-18.

Scope of the Prohibition

"School grounds" means the property of a public or private elementary or secondary school, the portions of any building, stadium or other structure on school grounds being used for a school-sponsored activity, and school-provided transportation. The prohibition applies on school property at all times, not only during school hours or school events. A timing condition applies only to buildings, stadiums, or other structures that were being used for a school-sponsored activity at the time of the violation, and the prohibition also extends to riding school-provided transportation. Unlike the federal Gun-Free School Zones Act (18 U.S.C. 922(q)), whose school zone definition reaches the area within 1,000 feet of school grounds (18 U.S.C. 921(a)(26)), the Rhode Island statute covers school property, school-sponsored activities in buildings on school grounds and school-provided transportation^[2].

Penalties

Violation of Section 11-47-60 is a felony. A person convicted of possessing a firearm on school grounds shall be sentenced to imprisonment of not less than one year and not more than five years, or shall be fined not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000)^[1]. The penalty is disjunctive, meaning the court may impose either imprisonment or a fine. The one-year term is a floor only when the court chooses imprisonment, and a fine-only sentence is available, so the offense does not carry an unconditional mandatory minimum. Section 11-47-60 sets no forfeiture penalty of its own, but under Section 11-47-22 a firearm unlawfully possessed is forfeited to the state. Section 11-47-60 contains no permit revocation provision, and RIGL 11-47-13 allows a license or permit to be revoked for just cause at any time by the authority that granted it.

Mandatory Notification Requirements

Section 11-47-60.2^[3] establishes a notification chain. Any person who has reasonable cause to know that someone is in violation of the statute must notify the principal or a designee. The principal or designee must then immediately notify the student's parents and the local police, and turn any weapon over to the local law enforcement agency. A person who makes a report in good faith has immunity from civil liability. The statute does not impose a criminal penalty for failing to report.

Exceptions

The statute provides limited exceptions for persons exempt under Section 11-47-9, peace officers, retired law enforcement officers permitted to carry under Section 11-47-18(b) or the federal Law Enforcement Officers Safety Act, and individuals providing security services to a school under contract. It also exempts officially recognized and sanctioned school activities, including firearm instruction and safety courses, ROTC and other government-sponsored military programs, interscholastic shooting and marksmanship events, military history and firearms collection programs, and the use of blank guns in theatrical or athletic events. In addition, under Section 11-47-60(d) the prohibition does not apply to a firearm that is not loaded and is kept in a locked container or a locked rack in a motor vehicle. An LCCW holder may not carry a firearm on their person onto school grounds during student pickup or dropoff, but an unloaded firearm that remains secured in a locked container or locked rack in the vehicle falls within the subsection (d) exemption.