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, property damage, or any other compensable loss resulting from incidents occurring on such properties where a written notice prohibiting the possession of firearms is posted.
The cause of action extends to injuries caused by the conduct of other invitees, trespassers, employees of the property owner, as well as injuries caused by vicious animals, wild animals, and man-made or natural hazards. The statute of limitations for filing a claim under this section is set at three years from the date of the occurrence that gave rise to the damages.
To prevail in a lawsuit under this new provision, the plaintiff must demonstrate by a preponderance of the evidence that: (1) the plaintiff owned a firearm and was authorized and licensed to carry it at the time of the incident; (2) the plaintiff did not carry the firearm onto the property due to the written notice prohibiting possession; (3) the injury, death, physical, emotional, and/or mental distress, economic loss or expense, property damage, or other compensable loss was caused by conduct on the real property and could have been avoided if the plaintiff had been allowed to carry the firearm; and (4) the person or entity exercising control over the real property was not required by state or federal law to post the prohibition notice but chose to do so.
This act will take effect immediately upon passage.