Signed by Governor Gina Raimondo

Vote Smart's Synopsis:

Vote to pass a bill that prohibits individuals who are subject to a restraining or protective order from purchasing or possessing firearms.

Highlights:

• Requires the court, after a hearing and notice to the individual being restrained, to order such individual to surrender all firearms in their possession and to refrain from purchasing or attempting to purchase any other firearms for the duration of the restraining order(Sec. 1).

• Requires an individual subject to a restraining or protective order, if present at a court hearing, to immediately surrender all firearms in their possession and specifies that if such individual is not present at such hearing that they shall surrender all firearms within 48 hours (Sec. 1).

• Establishes guidelines by which firearms surrendered to the police subject to a restraining order may be returned to the individual who surrendered them (Secs. 1 & 4).

• Prohibits individuals from purchasing, owning, transporting, or otherwise possessing firearms in circumstances including, but not limited to, the following (Sec. 2):

• The individual has been convicted in Rhode Island or elsewhere of a crime of violence;

• The individual has plead no contest to or been convicted of a crime punishable as a felony; and

• The individual has plead no contest to or been convicted of certain crimes punishable as misdemeanors including, but not limited to simple assault, cyberstalking or cyberharassment, and violation of a protective order.

• Requires individuals who plead no contest to or are convicted of a domestic violence offense to surrender all firearms within 24 hours of being ordered to do so by the court (Sec. 3).

• Specifies that the Rhode Island State Police must issue a proof of surrender to such individuals, and establishes guidelines for what information must be included on a proof of surrender document (Sec. 3).

• Requires individuals who are ordered to surrender firearms to file a proof of surrender with the court within 48 hours of being served the order (Sec. 3).

• Authorizes the Rhode Island State Police to develop rules and procedures pertaining to the storage of firearms which are surrendered under this law (Sec. 3).

• Establishes procedures by which an individual prohibited from owning firearms solely due to a plea of no contest may apply to have such prohibition lifted (Sec. 6).

• Specifies that the provisions referring to restraining or protective orders apply to orders filed or renewed on or after July 1, 2017 (Secs. 1 & 5).

Full Bill Text