2024 Safe Storage Law Expansion
2024 Safe Storage Law Expansion
P.L. 2024, ch. 107 and ch. 108 amended RIGL 11-47-60.1 to add a standalone unsafe-storage duty with civil fines for a first and second offense, and made criminal storage in the first degree a felony when a firearm obtained by a child or a prohibited person is used in a crime or causes injury.
In June 2024, the Rhode Island General Assembly passed companion bills (P.L. 2024, ch. 107 and ch. 108)[1] that significantly expanded the state's safe storage requirements under RIGL 11-47-60.1. P.L. 2024, ch. 107 and ch. 108 were enacted on June 13, 2024 and took effect upon passage.
Key Changes
The 2024 expansion made several notable changes to existing safe storage law. It created a standalone duty in RIGL 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, unless it is carried by or can be readily carried by a lawfully authorized user in proximity. This duty applies uniformly to all firearms regardless of whether a minor is present, and it does not impose a separate ammunition-storage requirement. The previous text required a loaded firearm, a child's access and injury caused by the child, and had no prohibited-person clause.
Enhanced Penalties
The legislation established tiered penalties for storage violations. For the standalone unsafe-storage duty in RIGL 11-47-60.1(b), a first offense is a civil infraction with a fine of up to $250, a second offense is a civil infraction with a fine of up to $1,000, and a third or subsequent offense is punishable by up to six months imprisonment, a fine of up to $500, or both. Separate criminal storage offenses apply when a child or prohibited person actually gains access. If a child or prohibited person obtains access to a firearm stored on premises by a person who knew or should have known that access was likely, the person commits criminal storage in the second degree, punishable by up to one year of imprisonment, a fine of up to $1,000, or both (RIGL 11-47-60.1(c)). If the firearm is then used in the commission of a crime or to cause injury, the offense becomes criminal storage in the first degree, a felony punishable by up to 5 years imprisonment, a fine of up to $5,000, or both[2]. The statute also provides safe harbors. The criminal storage charges do not apply where the firearm was obtained through an illegal entry or an illegal taking from the owner's premises, where the firearm was in fact secured in a locked container or with a properly engaged tamper-resistant lock or other safety device, where the firearm was carried by or could be readily carried by a lawfully authorized user in proximity to it, or where the firearm was obtained in a lawful act of self-defense (RIGL 11-47-60.1(e)).
Practical Impact
The expansion brought Rhode Island closer to the storage standards seen in Massachusetts and Connecticut. Firearms owners in households with children should review their storage practices to ensure compliance. The law applies to all firearms, including rifles, shotguns, and handguns. A tamper-resistant mechanical lock or other safety device satisfies the duty when properly engaged so that the firearm is inoperable by anyone other than the owner or another lawfully authorized user. Storage in a locked container also satisfies the duty.
Sources
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