Common sense gun legislation once again before House Judiciary


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Rally Against Gun Violence 020The State House will be a raucous, contentious place this evening as a series of bills dealing with guns will be heard in the House Judiciary meeting in room 101 at the rise of the House, around 4:30-5pm. Testimony is expected to run until late in the evening. Ahead of the testimony the 2nd Amendment Coalition, the Official National Rifle Association (NRA) Affiliate for the State of Rhode Island, is holding a rally at 3pm in the State House rotunda and they will have a parade of guest speakers.

The Rhode Island Coalition Against Gun Violence (RICAGV) is backing three bills.

H7283 would take away guns from those convicted of domestic violence misdemeanors.

“Rhode Island law prohibits gun ownership and possession by individuals convicted of a domestic violence felony,” says the RICAGV, “This law is weaker than federal law which prohibits gun ownership and possession by those convicted of domestic violence misdemeanors. There is ample evidence that misdemeanor domestic violence offenders present an extreme risk to domestic partners when in possession of a firearm. Rhode Island should help protect the victims of domestic violence, not their abusers.”

H7243  would close a loophole that allows guns in schools and on school grounds.

Concealed Carry Permit (CCP) holders can carry their weapons ‘everywhere’ including schools, but not in RI courthouses, airports and most government buildings,” says the RICAGV, “RI’s concealed carry law came into existence in 1990, long before Columbine and other school shootings, so schools were not exempted at that time. Currently, any CCP holder (staff, parent, visitor) can carry a firearm on school grounds including the school, surrounding property, parking lots, and after school sporting events and gatherings without knowledge of police or school officials.”

H7199, a high capacity magazine (HCM) ban, limits the number of rounds in a weapon to 10.

“Limiting HCMs to 10 rounds saves lives,” says the RICAGV, “Limiting rounds in a magazine requires that a shooter pause to change out the magazine. The shooter in Sandy Hook Elementary School killed 20 small children in less than 5 minutes with HCMs. Evidence reveals that several children escaped the schoolroom when his magazine jammed and he was forced to reload. Similarly, the shooter in the Gabby Gifford Tucson, AZ mass shooting was disarmed when he dropped his HCM clip during reloading. This enabled bystanders to subdue him saving lives.”

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Group seeks to close loophole allowing guns in schools


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gun-controlThe law seems quite clear when RIGL 11-47-60 (a) states that, “No person shall have in his or her possession any kind of firearm or other weapons on school grounds.” But there is a curious exception. Under RIGL 11-47-11 it is stated that a person with a concealed carry permit (CCP) may carry their weapon “everywhere.” Presumably, this means schools.

Which law takes precedence?

Attorney Julia Wyman with the Rhode Island Coalition Against Gun Violence (RICAGV) asked the Rhode Island Attorney General’s office and the Rhode Island Department of Education for clarification, but neither party could “figure out which law prevails,” she said.

The Department of Education has no regulatory authority, and therefore does not have the power to decide on this issue. As a result, legislation is going to be introduced to the General Assembly this year that seeks to clear up any ambiguity in the law, banning weapons from schools, even for those with a CCP.

As it stands now, anyone with a concealed carry permit may bring weapons into schools.

Rhode Island is one of only 18 states that allow guns to be brought in schools, according to a report by NBC News last year. Most of the 18 states on the list require that school officials give permission to bring the weapons into the schools, leaving Rhode Island one of only 5 states in which people may bring guns into schools without the knowledge of police or school officials.

The danger is obvious. In September of last year a teacher in Utah shot herself in the leg when her weapon discharged in class. In Idaho a “state university instructor was wounded in the foot after a concealed handgun in the person’s pocket discharged during a chemistry lab session with students in the room.” In each case, say news reports, the teachers had concealed carry permits.

Though some may argue that since Newtown, some teachers should be armed in the event that children need to be protected from intruders, depending on randomly armed, untrained teachers with CCPs is not a policy. Good policy needs to be vetted and debated so that the full implications might be considered. Policies such as this need to be done right and can’t simply be instituted by taking advantage of defects in a law written decades ago.

The General Assembly has an opportunity to correct this oversight, and should do so this year.

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