RI General Assembly Approves Legislation Prohibiting Gun Possession by Domestic Abusers

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RI General Assembly Approves Legislation Prohibiting Gun Possession by Domestic Abusers

The RI General Assembly has approved legislation to protect victims of domestic violence by prohibiting gun possession by domestic abusers convicted of misdemeanor domestic violence crimes and those subject to court-issued protective orders.

The legislation was sponsored by Representative Teresa Tanzi and a corresponding Senate version was sponsored by Senator Harold Metts.

“At last, victims of domestic abuse in Rhode Island will not have the constant fear of knowing that the person who abused them still has a gun. We’ve heard countless stories from victims about flagrant threats and ceaseless fear. And we know that the presence of a gun greatly increases the chances of a domestic violence victim being murdered. We’ve worked very hard to get to this point, and the reward will be greater safety for Rhode Island families,” said Representative Tanzi.

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Linda Finn, President of the Rhode Island Coalition Against Gun Violence: “We commend Speaker Mattiello and Senate President Ruggiero for addressing the important issue of domestic violence and guns. The Judiciary committees worked to make sure that abusers will not have the right to possess firearms, thus making their families safer from gun violence.”

The bill will now be sent to the desk of Governor Gina Raimondo for consideration.

The Legislation

Under the bill, those convicted or pleading to a crime of domestic violence would have 24 hours to turn in any guns they possess. The act would apply to domestic violence crimes including assault, cyberstalking and cyberharassment, violation of a protective order and disorderly conduct if the criminal activity involves the use or attempted use of force or the threatened use of a dangerous weapon.

Similar laws prohibiting gun possession by those convicted of misdemeanor domestic abusers exist in 27 states plus Washington, D.C., including Alabama, Texas, Massachusetts, Connecticut and New Hampshire.

Under an amendment made on June 30, those subject to a protective order would have to surrender any guns they own within 24 hours of receiving notice of the hearing. (The previous draft to the bill would have allowed the person subject to the accusation to keep guns until the protective order is finalized by a judge.)

At the hearing, which must be within 15 days under the amendment, the court may choose to maintain the prohibition, or to immediately return any firearms that were surrendered.

The amendment requires that the subject of the prohibition show clear and convincing evidence that his or her firearm ownership is not a threat to the alleged victim’s safety.

Once a prohibited individual has completed his or her sentence, or the protective order has been lifted, he or she would be able to recover the surrendered firearms.

RI’s Current Law

Under current Rhode Island law, abusers convicted of misdemeanor domestic violence crimes and those subject to final restraining orders are not always prohibited from possessing guns nor are they always required to actually surrender the firearms they already possess once they become prohibited. Federal law already prohibits most of those convicted of domestic violence misdemeanors from owning guns, but Rhode Island does not have a mechanism for ensuring that they actually turn them in.


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