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| Reps. Justin Price (R-Richmond) and Blake "Flip" Filippi (R-somewhere around here) were two NO votes in the House. |
Following passage by the General Assembly yesterday,
Gov. Gina M. Raimondo today signed into law two bills to prevent gun violence
and mass shootings: “red flag” legislation that allows courts to disarm
individuals who are believed by law enforcement to represent a violent threat
to themselves or others, and a ban on bump stocks and other rapid-fire gun
modifications.
The first bill, sponsored in the Senate by Senate
Majority Whip Maryellen Goodwin and in the House by Rep. Dennis M. Canario, is
known as a “red flag” law because it allows police to seek from Superior Court
an “extreme risk protective order” that prohibits an individual from possessing
firearms, based on threats and other warning signs that the person might commit
violence.
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| Elaine Morgan (R-Hopkinton) was the sole NO vote in the Senate. |
“With this new law, we can truly prevent tragedies.
People who are demonstrably unstable and are making serious threats should not
be armed. All too often after a mass shooting we learn about all the warning
signs people saw from the shooter and wonder why they still had guns.
Unfortunately, it’s frequently because there isn’t always a legal means to
disarm them. Finally, here in our state and in others that have been adopting
red flag laws, we will have a speedy but fair process to ensure that those who
pose a legitimate risk do not remain armed,” said Senator Goodwin (D-Dist. 1,
Providence).
Said Representative Canario (D-Dist. 71, Portsmouth,
Little Compton, Tiverton), “This new law will disarm those who pose a serious
threat for the protection of children and the public. As a retired police officer
with more than 25 years of experience in the law enforcement field, I thank my
fellow officers for their leadership and commitment to addressing this critical
situation. With this new law, we have an important means of stopping troubled
individuals from carrying out violence and preventing tragic events.”
The governor signed the bills in a State House ceremony
today, flanked by House
Speaker Nicholas Mattiello, Senate President Dominick Ruggerio, both cosponsors
of the red flag bill, and other legislators. The event was attended by gun
safety advocates, many of whom wore orange in recognition of National Gun
Violence Awareness Day.
“Rhode Islanders are not going to wait for
Washington to take action on gun violence. I appreciate the General Assembly’s
leadership to pass these bills and I’m proud to sign them to send a loud and
clear signal that Rhode Islanders will not stand for gun violence.”
Under the red flag law (2018-S 2492A, 2018-H 7688Aaa), an extreme risk protective order will prohibit an individual from possessing
or purchasing guns, will require them to surrender guns in their possession and
will invalidate any concealed carry permits they have.
The order will be
reported to the National Instant Criminal Background Check System (NICS) and
all state and federal lists used for determining whether those seeking to
purchase guns have been prohibited from doing so. Violating such an order would
be a felony punishable by up to 10 years in prison.
The order would be in place for one year, but could be
renewed by the court. Those subject to one could also petition once per year to
have them lifted.
Under the legislation, a law enforcement agency can
petition Superior Court for an extreme risk protection order if it believes the
individual poses a significant danger of causing imminent injury to himself or
others by having a firearm.
The petitioner must state to the court the specific
statements, actions, or facts that give rise to a reasonable fear of future
dangerous acts by that individual, and must concurrently file for a search
warrant to search for any weapons the individual possesses.
Upon the filing for an order, the court may issue
temporary extreme risk protective order, similar to a temporary restraining
order, if the court finds probable cause to believe the individual poses an
imminent threat to others or himself if armed.
A judge would determine at a hearing whether to issue an
extreme risk protection order, considering any recent acts or threats of
violence with or without a firearm and patterns of such threats or acts in the
previous year, and the individual’s mental health, substance abuse and criminal
histories. The court would also consider any unlawful, threatening, or reckless
use or brandishing of a firearm by the individual and evidence of any recent
acquisition of a firearm.
Such legislation could have helped to prevent the
Parkland, Fla., school shooting Feb. 14. Police say the alleged shooter carried
out the attack with a legally purchased semi-automatic weapon. Before the
shooting, his mother had contacted law enforcement about his behavior on
multiple occasions, but Florida did not have a red flag law. It has since
passed one.
According to Everytown for Gun Safety, a national
advocacy group that supports the bill, a nationwide study of mass shootings
from 2009 to 2016 showed that in least 42 percent of those incidents, there is
documentation that the attacker exhibited dangerous warning signs before the
shooting.
Connecticut, California, Indiana, Oregon and Washington
enacted red flag laws prior to this year, and since the Parkland shooting, so
have Florida, Maryland and Vermont.
The other bill (2018-H
7075Aaa, 2018-S 2292A), sponsored by Rep. Robert E. Craven and Sen. James A. Seveney, bans bump stocks, binary triggers and
trigger cranks on semi-automatic weapons.
A bump stock is an attachment that allows the shooter to
fire a semi-automatic weapon with great rapidity.
It replaces a rifle’s
standard stock, freeing the weapon to slide back and forth rapidly, harnessing
the energy from the kickback shooters feel when the weapon fires.
In October’s mass shooting in Las Vegas, 12 of the
rifles in the gunman’s possession were modified with a bump stock, allowing the
weapon to fire about 90 shots in 10 seconds — a much faster rate than the AR-15
style assault rifle used by the Orlando nightclub shooter, which fired about 24
shots in nine seconds.
“With the enactment of this law, we are clearly stating
that Rhode Island will not tolerate these dangerous tools of death. There is
now no ambiguity; No one can buy, possess, attach or use a bump stock, trigger
crank or binary crank in Rhode Island,” said Representative Craven (D-Dist. 32,
North Kingstown).
Said Senator Seveney, (D-Dist. 11, Portsmouth, Bristol,
Tiverton), “These devices are all ways to get around the federal law that bans
fully automatic weapons by making semi-automatic weapons fire almost as fast as
them. Today, we stop this end run and ban these horrific devices in Rhode
Island.”
The new law makes it unlawful to possess, transport,
manufacture, ship or sell a bump stock, regardless of whether the person is in
possession of a firearm. Those violating the provisions, would face
imprisonment for up to 10 years, a fine up to $10,000, or both. It would also make
it unlawful and apply the same penalties for any person to modify any
semi-automatic weapon to shoot full automatic fire with a single pull or hold
of the trigger.
The new law also bans binary triggers, which is a device
designed to fire one round on the pull of the trigger and another round upon
release of the trigger, effectively doubling the weapon’s shooting
capabilities; and trigger cranks, which attach to the trigger of a
semi-automatic weapon and cause the weapon to fire by turning the crank handle.
Both
bills have the support of Governor Raimondo, Attorney General Peter F.
Kilmartin, General Treasurer Seth Magaziner, the State Police, the Rhode Island
Coalition Against Gun Violence, the Rhode Island chapter of Moms Demand Action
for Gun Sense in America (a part of Everytown) and the Rhode Island Coalition
Against Domestic Violence.
“Rhode Island has taken an important step in protecting
its citizens from gun violence with the passage of the red flag law and banning
bump stocks,” said Attorney General Peter F. Kilmartin.
“I applaud the
leadership of the Rhode Island Police Chiefs Association for their advocacy on
the red flag legislation, the General Assembly for the urgency in which they
took up the measure, and the governor for signing it into law today. Until
now, law enforcement’s hands have been tied when they come into contact with
someone they believe is a danger to themselves and others. With the red flag
law, we now have a legal process, with protections for individuals, to keep
firearms out of the hands of dangerous individuals. Unfortunately, even in just
the weeks that these bills were being discussed, we saw new incidents of gun
violence, both nationally and closer to home. While the steps Rhode Island has
taken today won’t eradicate the problem, it will provide additional tools to
enhance public safety.”
Jennifer Boylan, a volunteer leader with the Rhode
Island chapter of Moms Demand Action for Gun Sense in America, said, “The
legislature prioritizing these bills and Gov. Raimondo’s swift signing of them
today, along with last year’s enactment of lifesaving domestic violence
legislation demonstrates that Rhode Island is joining the ranks of states
leading the fight to prevent gun violence. Once again, our lawmakers have
listened to the majority of Rhode Islanders and taken action to protect our
families and keep our communities safe. These bills will save lives and we are
so proud to see them signed into law.”
“The Rhode Island State Police strongly supports any
legislation that will help us save lives,” said Colonel Ann C. Assumpico,
superintendent of the Rhode Island State Police and director of the Department
of Public Safety.
“These two new laws will help us in our efforts to keep
deadly weapons out of the hands of dangerous individuals who pose a threat to
our troopers, other law enforcement officers and the communities we are sworn
to protect.”
“The root of the problem and the resulting tragedies all
across this country reaffirms why we need sensible gun legislation and mental
health reform,” said Central Falls Colonel James J. Mendonca, president of the Rhode
Island Police Chiefs Association. “The signing of this bill goes a long way in
tackling both issues in a sensible, responsible manner that balances an
individual’s constitutional rights with maintaining public safety.”