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S 2283Civil Procedure

Courts and Civil Procedure - Procedure Generally - Causes of Action

Allows licensed gun owners to sue businesses banning firearms if they are injured because they were unable to defend themselves.

Held for study
Population
Affected
15
Email Legislator
Introduced Jan 23, 2026Committee Senate Judiciary

Plain-English Summary

This legislation establishes a new civil cause of action in Rhode Island. It allows individuals who are authorized to carry a firearm to sue property owners (excluding private residences) if they are injured or suffer losses on that property while unarmed. This applies if the property owner voluntarily posted a written notice prohibiting firearms. To win the lawsuit, the injured person must prove they would have carried their firearm if not for the sign, and that having the firearm could have prevented the injury, death, or loss caused by other people, animals, or hazards.

For younger readers

Imagine a store puts up a sign that says "No Guns Allowed." If a person who is allowed to have a gun leaves it in their car because of the sign, goes into the store, and gets hurt by a bad person or a dangerous animal, this bill says they can sue the store owner. The person has to prove that if they had their gun with them, they could have stopped the bad thing from happening. This rule does not apply to people's houses, only businesses and other places.

Who & Where It Applies

Impacted groups
Business OwnersGun OwnersCommercial Property OwnersInsurance CompaniesAttorneys
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Encourages property owners who choose to prohibit firearms to invest more heavily in professional security measures and safety protocols to protect visitors, ensuring a safer environment for everyone.
  • Expands the avenues for civil litigation against corporations and property owners, reinforcing the principle that entities must be held accountable for the safety of individuals on their premises.
  • Acknowledges the vulnerability of individuals in public spaces and places a higher burden of care on commercial entities to prevent harm from third parties or environmental hazards.
  • Discourages businesses and organizations from creating gun-free zones by imposing significant financial liability, likely resulting in more firearms present in public spaces and increased community risk.
  • Places an undue financial and legal burden on small business owners, non-profits, and community centers that wish to maintain a peaceful environment free of weapons.
  • Promotes a dangerous narrative that the solution to violence or danger is individual gun ownership and use, rather than systemic community safety measures or professional law enforcement.
For Conservatives
  • Upholds the fundamental right to self-defense by ensuring that entities stripping citizens of their ability to protect themselves accept full responsibility for their safety.
  • Discourages the creation of "soft targets" where criminals know law-abiding citizens are unarmed, potentially deterring crime in commercial areas.
  • Empowers concealed carry license holders to seek restitution when their responsible choice to obey property rules renders them vulnerable to criminals or hazards.
  • Undermines the fundamental right of private property owners to determine what is allowed on their premises without fear of government-imposed financial penalties.
  • Expands the scope of civil litigation, potentially leading to an increase in frivolous lawsuits against businesses that are already struggling with economic regulations.
  • Creates a slippery slope where the government interferes with the operational decisions of private entities, dictating liability terms for voluntary policies.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 28 additions

SECTION 1. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby amended by adding thereto the following section: 9-1-55. Civil liability of individual or entity that prohibits the possession of firearms.

(a) Whenever any person who owns a firearm, and is authorized and licensed to carry a firearm, shall suffer any injury to his or her person or death, suffer physical, emotional and/or mental distress, incur economic loss or expense, property damage or any other compensable loss as a result of conduct occurring on real property, except residences, with a written notice prohibiting the possession of firearms, may recover his or her damages for the injury or death, physical, emotional and/or mental distress, economic loss or expense, property damage or any other compensable loss, in a civil action against the individual or entity that owns the real property that prohibits the possession of firearms.

(b) The cause of action set forth in subsection (a) of this section shall extend to the conduct of other invitees, trespassers, employees of the person or entity, vicious animals, wild animals, and defensible man-made and natural hazards.

(c) The statute of limitations for the cause of action set forth in subsection (a) of this section shall be three (3) years from the date of the occurrence of the conduct which gave rise to any damages.

(d) To prevail in a cause of action brought under this section, the plaintiff must show by a preponderance of the evidence that:

(1) The plaintiff owned a firearm, was authorized and licensed to carry a firearm or was not prohibited from carrying a firearm at the time of the incident giving rise to the action;

(2) The plaintiff did not carry the firearm on the property where the incident occurred because of the written notice prohibiting the possession of firearms;

(3) The injury, death, physical, emotional and/or mental distress, economic loss or expense, property damage or other compensable loss was caused as a result of the conduct that occurred on the real property and could have been avoided if the plaintiff was authorized to carry his or her firearm onto the real property; and

(4) The person or entity exercising control over the real property was not required by state or federal law to post the notice prohibiting the possession of firearms, but posted the notice by choice of that individual or entity.

SECTION 2. This act shall take effect upon passage.