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