RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --, CAUSES OF ACTION
Summary
S2283 creates a new civil cause of action for a person who owns a firearm and is authorized and licensed to carry it, if that person suffers injury, death, emotional distress, economic loss, property damage, or other compensable harm on real property where firearms are prohibited by written notice. The bill applies to non-residential property and allows the affected person to sue the property owner or controlling entity that posted the firearm prohibition notice.
To bring the claim, the plaintiff must prove that they were legally eligible to carry a firearm, that they did not carry because of the posted notice, that the harm was caused by conduct on the property and could have been avoided if they had been allowed to carry, and that the property owner was not legally required to post the firearm prohibition but did so voluntarily. The bill sets a three-year statute of limitations and would take effect immediately upon passage.
Impact
The bill would add a new section to Rhode Island’s causes of action statute, expanding civil liability for owners or operators of real property that choose to post no-firearms notices. It would create a private right of action for damages tied to incidents occurring on such property, potentially affecting businesses, landlords, and other non-residential property owners who restrict firearms beyond what state or federal law requires.
Sentiment
There is no committee transcript or recorded vote history available, so there is no direct evidence of legislative debate or formal support/opposition in the provided materials. Based on the bill text and caption, the measure appears to be part of a pro-gun-rights policy approach that would be viewed favorably by firearm-rights advocates and likely opposed by property-rights advocates and entities that prefer to prohibit firearms on their premises.
Contention
The main point of contention is the bill’s shift of liability onto property owners or entities that voluntarily post firearm bans, even when the underlying harm may be caused by third parties, animals, or hazards on the property. Supporters would likely argue it protects lawful gun carriers from being disarmed without consequence, while opponents would likely argue it undermines private property rights, exposes owners to expanded litigation, and could pressure businesses to allow firearms on their premises.
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