The bill amends Chapter 9-1 of the General Laws by introducing a new section, 9-1-55, which establishes civil liability for individuals or entities that prohibit the possession of firearms on their real property, excluding residences. It allows individuals who own a firearm and are authorized to carry it to seek damages for various compensable losses, including personal injury, death, physical, emotional, and/or mental distress, economic loss or expense, and property damage, resulting from incidents occurring on such properties.
The bill specifies that the cause of action extends to injuries caused by the conduct of other invitees, trespassers, employees of the person or entity, as well as injuries caused by vicious animals, wild animals, and defensible man-made and natural hazards. It sets a statute of limitations of three years for filing claims related to this cause of action.
To prevail in a lawsuit under this new provision, the plaintiff must demonstrate several criteria: (1) ownership of a firearm and authorization to carry it at the time of the incident; (2) that the firearm was not carried onto the property due to the written notice prohibiting possession; (3) that the injury, death, physical, emotional, and/or mental distress, economic loss or expense, property damage, or other compensable loss was caused by conduct occurring on the real property and could have been avoided if the firearm had been allowed; and (4) that 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 chose to do so.
This act will take effect immediately upon passage.