§ 11-47-5.4. Surrender of firearms after domestic violence offenses.
(a) A plea of nolo contendere, resulting in a filing or probation or conviction shall
prohibit the defendant from purchasing, carrying, transporting, or having in his or
her possession any firearm. Upon such a plea or conviction, the court shall order
the defendant to surrender all firearms owned by the person or in the person's possession
as described in this section.
(1) Surrender shall be made within twenty-four (24) hours of prohibition to the Rhode
Island state police or local law enforcement or to a licensed gun dealer. The arresting
law enforcement agency shall be immediately notified by the court of the order to
surrender firearms. A law enforcement agency or licensed gun dealer taking possession
of a firearm shall issue a proof of surrender to the person surrendering the firearm.
The proof of surrender must include the name of the person, the date of surrender,
and the serial number, manufacturer, and model of all surrendered firearms.
(2) A defendant transporting a firearm to surrender in accordance with this section shall
not be liable to prosecution under §§ 11-47-5(d) or 11-47-8.
(3) The defendant shall, within forty-eight (48) hours after being served with the order,
either:
(i) File a copy of proof of surrender with the court of jurisdiction, and attest that
all firearms owned by the person or in the person's possession at the time of plea
or conviction have been surrendered in accordance with this section and that the person
currently owns no firearms and has no firearms in his or her possession; or
(ii) Attest that, at the time of plea or conviction, the person owned no firearms and had
no firearms in their possession, and that the person currently owns no firearms and
has no firearms in his or her possession.
(4) The court of jurisdiction's copy of proof of surrender shall be kept under seal and
shall not be part of the public record.
(5) The Rhode Island state police are authorized to develop rules, regulations and procedures
pertaining to the storage of firearms that are surrendered pursuant to this section.
The Rhode Island state police may consult with the Rhode Island Police Chiefs' Association
in developing rules and procedures. Law enforcement agencies and departments shall
observe due care in the receipt and storage of any firearm surrendered pursuant to
this section. No law enforcement agency shall dispose of any firearm surrendered pursuant
to this section unless that firearm is abandoned as provided in this section. The
Rhode Island state police may consult with the Rhode Island Police Chiefs' Association
in developing rules and procedures.
(6) A firearm surrendered to the Rhode Island state police or a local police department
under this section shall be deemed abandoned if:
(i) Six (6) years have passed from the date of the completion of the defendant's sentence
for an offense enumerated in § 11-47-5(a)(4); and
(ii) During the two (2) years following the six-year (6) period described in subsection
(a)(6)(i) of this section, the Rhode Island state police or local police department
has provided notice to the defendant, on at least two (2) separate occasions, that
if the firearm is not reclaimed it shall be disposed of; and
(iii) After the two-year (2) period described in subsection (a)(6)(ii) of this section and
after notice to the defendant, the defendant fails to reclaim the firearm.
(7) The Rhode Island state police may dispose of an abandoned firearm at any time, provided
that no disposal shall occur while any appeal of the conviction for a crime enumerated
in § 11-47-5(a)(4) is pending and provided that the owner of the firearm receives any financial value
generated from its disposal less the cost associated with disposing of the firearm.