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Rhode Island General Assembly· S 2971Committee recommended measure be held for further study

HEALTH AND SAFETY -- SUICIDE PREVENTION--VOLUNTARY FIREARM RESTRICTIONS ACT, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Rhode Island General Assembly, fetched 2026-07-29. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
S2971 2026 -- S 2971 ======== LC004796 ======== STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2026 ____________ A N A C T RELATING TO HEALTH AND SAFETY -- SUICIDE PREVENTION--VOLUNTARY FIREARM RESTRICTIONS ACT Introduced By: Senators Valverde, Lauria, Kallman, Acosta, Ujifusa, Euer, DiMario, Urso, and Murray Date Introduced: March 04, 2026 Referred To: Senate Judiciary It is enacted by the General Assembly as follows: 1 SECTION 1. Title 23 of the General Laws entitled HEALTH AND SAFETY is hereby 2 amended by adding thereto the following chapter: 3 CHAPTER 106 4 SUICIDE PREVENTION--VOLUNTARY FIREARM RESTRICTIONS ACT 5 23-106-1. Short title. 6 This chapter shall be known and may be cited as the Suicide Prevention--Voluntary 7 Firearm Restrictions Act. 8 23-106-2. Definitions. 9 When used in this chapter, the following words and phrases are construed as follows: 10 (1) Cohabitant means an individual who is twenty-one (21) years of age or older who 11 resides in the same residence as one or more other individuals. 12 (2) Department means the department of attorney general and its bureau of criminal 13 identification (BCI). 14 (3) Firearm shall have the same meaning as defined in § 11-47-2. 15 (4) Healthcare provider means person who provides healthcare or professional services 16 related to healthcare and who is acting within the scope of the person s license, certification, 17 practice, education or training. 18 (5) Illegal firearm means and includes, but is not limited to, any ghost gun, undetectable 1 firearm, sawed-off shotgun, machine gun or any other firearm illegal to possess pursuant to chapter 2 47 of title 11. 3 (6) Indefinite list means the list established pursuant to the provisions of § 23-106- 4 3(b)(2). 5 (7) Law enforcement agency means any municipal or state police agency or any sworn 6 law enforcement officer of that agency. 7 (8) Owner cohabitant means a cohabitant who owns, in whole or in part, any firearm. 8 (9) Restricted list means a list established pursuant to the provisions of § 23-106-3(b)(1) 9 and 3(b)(2). 10 (10) Temporary list means the list established pursuant to the provisions of § 23-106- 11 3(b)(1). 12 23-106-3. Voluntary restrictions on firearm purchase and possession. 13 (a) An individual who is not otherwise prohibited from possessing a firearm pursuant to 14 the provisions of chapter 47 of title 11 ( weapons ) or any other provision of federal or state law, 15 may voluntarily request to be placed on a restricted list, as set forth in this section, which would 16 prohibit the individual from purchasing, possessing or having within that individual s custody or 17 control, any firearm. 18 (b) An individual requesting inclusion on a restricted list may request placement on one of 19 the following lists: 20 (1) A restricted list that restricts the individual from purchasing or possessing a firearm for 21 one hundred eighty (180) days (temporary list) with automatic removal from the list at the end of 22 that time period; provided, however, the individual may request removal from the list on or after 23 thirty (30) days after the day on which the individual was added to the restricted list. No request by 24 the individual to be removed shall be denied; or 25 (2) A restricted list that restricts the individual from purchasing or possessing a firearm 26 indefinitely and which allows the individual to request removal from the list on or after ninety (90) 27 days after the day on which the individual was added to the restricted list. No request by the 28 individual to be removed shall be denied. 29 23-106-4. Forms -- Information to be provided by and to the department of attorney 30 general. 31 (a) The department shall develop a process and forms for inclusion on, and removal from, 32 the restricted lists, as described in § 23-106-3. Forms developed shall be maintained by the 33 department and shall be made available by download through the department s website and in paper 34 form at its various locations throughout the state. The forms shall provide for the individual s LC004796 - Page 2 of 8 1 personal information to include, but not be limited to, the following: 2 (1) Name; 3 (2) Address; 4 (3) Date of birth; 5 (4) Contact information, to include phone number(s) and email address(es); 6 (5) A copy of the individual s drivers license or other governmentally-issued identification 7 card; 8 (6) The individual s signature; and 9 (7) An acknowledgement as provided in § 23-106-7. 10 (b) Any individual requesting inclusion on either restricted list as set forth in § 23-106-3, 11 shall: 12 (1) Deliver the completed form, in person, to either the law enforcement agency for the 13 city or town in which the individual resides, or to the Rhode Island state police. The law 14 enforcement agency shall then transmit true copies of the information to the department; or 15 (2) Direct the individual s healthcare provider to electronically deliver the individual s 16 completed form to the department. The department, upon receiving a request from any healthcare 17 provider for the individual, shall: 18 (i) Verify the individual s identity by requiring the healthcare provider to transmit a copy 19 of the individual s drivers license or other governmentally issued identification card; 20 (ii) Require the healthcare provider to provide a medical release form signed by the 21 individual authorizing the healthcare provider to release the form and other pertinent information 22 to the department; and 23 (iii) In addition to the acknowledgement signed by the individual, the healthcare provider 24 shall also sign an acknowledgement as provided in § 23-106-7. 25 (3) The department shall not, except as provided in subsection (b)(2) of this section, accept 26 a form from any other person other than the individual named on the form. 27 23-106-5. Inclusion -- Removal from list. 28 (a) Upon receipt of a verified form, as provided in this section, requesting that an individual 29 be included on a restricted list, the department shall, within twenty-four (24) hours, add the 30 individual to the restricted list as requested. 31 (b) An individual added, at their request, to the temporary list, may not request removal 32 from the list unless the individual has been restricted for at least thirty (30) days. 33 (c) The department shall, absent a request by the individual to extend their inclusion on the 34 temporary list, remove the individual s name and other identifying information from the list at the LC004796 - Page 3 of 8 1 end of the one hundred eighty (180) days. The department shall not require any action on the part 2 of the individual for this automatic removal from the temporary list. 3 (d) The individual may request to remain on the temporary list in the same manner and on 4 the same form as initially requested; 5 (e) An individual added, at their request, to the indefinite list, may not request removal 6 from the list unless the individual has been restricted for at least ninety (90) days. The individual s 7 name and information shall not be removed from the indefinite list unless and until the individual, 8 consistent with this section, requests that their name and information be removed from the 9 indefinite list. Removal shall be automatic and take place twenty-one (21) days after receipt of the 10 request. 11 23-106-6. Concealed permit holders. 12 If an individual restricted pursuant to the provisions of this chapter is a concealed firearm 13 permit holder, the individual s permit shall be: 14 (1) Suspended upon entry and inclusion on the restricted list; 15 (2) Reinstated immediately upon removal from the restricted list, unless: 16 (i) The permit has expired, been revoked or suspended for other reasons unrelated to the 17 voluntary restrictions imposed pursuant to this chapter; or 18 (ii) The individual has become a prohibited person pursuant to the provisions of chapter 47 19 of title 11 or any other provision of federal or state law. 20 23-106-7. Acknowledgement of individual requesting to be restricted. 21 (a) An individual requesting to be temporarily restricted from purchasing or possessing any 22 firearm shall complete and sign the form which shall include the following language: 23 ACKNOWLEDGMENT 24 By presenting this completed form to a law enforcement agency, I understand that I am 25 requesting that my name be placed on a restricted list that prohibits my ability to purchase or 26 possess firearms for a minimum of thirty (30) days, and up to six (6) months. 27 I understand that by voluntarily making myself an indefinitely restricted person, I may not 28 have any firearm in my possession, custody or control and may not attempt to purchase any firearm 29 while I am on the restricted list. I also understand that any time after thirty (30) days, I may request 30 removal from the list and all previous rights I possessed to purchase and possess firearms shall be 31 restored. 32 In addition, if I am in possession of a concealed carry permit, that permit shall be suspended 33 during the time that I am on the restricted list; provided, however, that permit shall be reinstated 34 unless the permit has expired, been suspended or revoked for reasons unrelated to the voluntary LC004796 - Page 4 of 8 1 restrictions, or I have become prohibited from possessing a firearm pursuant to and in accordance 2 with the provisions of chapter 47 of title 11 or any other provision of federal or state law. 3 Additionally, I acknowledge that should I possess or attempt to purchase a firearm in any 4 other state during the time in which I am restricted, that I shall be subject to any law of that 5 jurisdiction regarding restricted or prohibited persons. 6 (b) An individual requesting to be indefinitely restricted from purchasing or possessing any 7 firearm shall, complete and sign the form which shall include the following language: 8 ACKNOWLEDGMENT 9 By presenting this completed form to a law enforcement agency, I understand that I am 10 requesting that my name be placed on an indefinitely restricted list that prohibits my ability to 11 purchase or possess firearms for a minimum of ninety (90) days, and for an indefinite time unless 12 I request removal from the restricted list. 13 I understand that by voluntarily making myself an indefinitely restricted person, I may not 14 have any firearm in my possession, custody or control and may not attempt to purchase any firearm 15 while I am on the restricted list. I also understand that any time after ninety (90) days, I may request 16 removal from the list and all previous rights I possessed to purchase and possess firearms shall be 17 restored. 18 In addition, if I am in possession of a concealed carry permit, that permit shall be suspended 19 during the time that I am on the restricted list; provided, however, that permit shall be reinstated 20 unless the permit has expired, been suspended or revoked for reasons unrelated to the voluntary 21 restrictions, or I have become prohibited from possessing a firearm pursuant to and in accordance 22 with the provisions of chapter 47 of title 11 or any other provision of federal or state law. 23 Additionally, I acknowledge that should I possess or attempt to purchase a firearm in any 24 other state during the time in which I am restricted, that I shall be subject to any law of that 25 jurisdiction regarding restricted or prohibited persons. 26 (c) An individual requesting inclusion on a restricted list by and through a healthcare 27 provider and the healthcare provider that completes and/or provides a voluntary restriction form on 28 behalf of a patient shall complete and sign a form including the following language: 29 ACKNOWLEDGEMENT 30 By presenting this completed form to my healthcare provider, I understand that I am 31 requesting that my healthcare provider present my name to the department of attorney general to 32 be placed on a restricted list that prohibits my ability to purchase or possess a firearm. I have signed 33 an acknowledgment, included herewith, and understand the restrictions to which I am voluntarily 34 subjecting myself. I have discussed with my healthcare provider the following acknowledgment LC004796 - Page 5 of 8 1 which contains my healthcare provider s signature. 2 ____________________________ 3 To be signed by healthcare provider: 4 By presenting this completed form to the department of attorney general, I understand that 5 I am acknowledging that I have verified the identify of _____________________ seeking inclusion 6 on a list restricting the patient s right to purchase and / or possess firearms. 7 I affirm that ___________________ is currently my patient, and that I am a licensed 8 healthcare provider acting within the scope of my license, certification, practice, education and/or 9 training and that to the best of my knowledge, ____________________ is requesting inclusion on 10 the restricted list freely and voluntarily. 11 ________________________________ 12 23-106-8. Removal from restricted list. 13 (a) An individual requesting removal from either the temporary or indefinite restricted lists 14 shall complete and deliver a removal form to the law enforcement agency and or department which 15 processed the inclusion form. 16 (b) The law enforcement agency: 17 (1) Shall verify the individual s identity before accepting the removal form; 18 (2) May not accept a removal form from someone other than the individual named on the 19 form; 20 (3) Shall transmit the removal form electronically to the department and BCI within 21 twenty-four (24) hours of its receipt from the individual; and 22 (4) Remove the individual and their information from its database within twenty-four (24) 23 hours of receipt of the removal form from the individual. 24 (c) The department/BCI shall remove the individual from the restricted list in its database 25 and provide the information mandating the individual s removal from the list to the National Instant 26 Criminal Background Check System. 27 23-106-9. Maintenance -- Destruction of records. 28 (a) The department and/or law enforcement agencies shall maintain all records relative to 29 the voluntary restriction lists generated pursuant to this chapter. Any records generated relative to 30 any request to be included on the lists or records requesting the removal from the restricted lists, 31 shall not be open or available for access by the public pursuant to chapter 2 of title 38 ( access to 32 public records ). 33 (b) Upon receipt of a request by the individual to be removed from the restricted lists, or 34 upon expiration of the one hundred eighty (180) days for the temporary list, and upon completion LC004796 - Page 6 of 8 1 of the individual s removal from the list, the department/ BCI and law enforcement agencies shall 2 destroy the entire file and all records associated with the individual s inclusion on the restricted list. 3 For purposes of this subsection, the entire file and all records includes, but is not limited to, all 4 electronic records, paper records or any other reference to the individual s inclusion and removal 5 from the restricted list. 6 (c) The individual s inclusion or removal from the lists shall not be used by the department 7 or law enforcement agencies for purposes of any background checks for the purchase or possession 8 of firearms by the individual and shall not be considered in any application for a concealed carry 9 permit or the renewal of any such permit. 10 23-106-10. Penalties. 11 (a) There shall be a twenty-five dollar ($25.00) civil fine for firearm possession by a person 12 on the indefinite list or temporary list assessed and collected by the department of the attorney 13 general. 14 (b) It shall be a misdemeanor for adding or attempting to add a person to a restricted list 15 without their knowledge. 16 SECTION 2. This act shall take effect upon passage. ======== LC004796 ======== LC004796 - Page 7 of 8 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO HEALTH AND SAFETY -- SUICIDE PREVENTION--VOLUNTARY FIREARM RESTRICTIONS ACT *** 1 This act would create a process for an individual to voluntarily be either temporarily or 2 indefinitely added to a list restricting their rights to purchase or possess firearms as well as to 3 request removal from the restricted list. The act would further require that all individual records 4 related to the person s inclusion on the list would be destroyed and not subject to the access to 5 public records act. Additionally, the act would also impose a twenty-five dollar ($25.00) fine for 6 firearm possession by a person on a restricted list and make it a misdemeanor for adding or 7 attempting to add a person to either restricted list without their knowledge. 8 This act would take effect upon passage. ======== LC004796 ======== LC004796 - Page 8 of 8
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