By Dave Workman
Editor-in-Chief
The Democrat-dominated Rhode Island State Senate has approved—on a lopsided 28-7 vote—a new “safe storage” bill which carries harsh penalties all the way up to imprisonment for intentional violations, and there are already hints of legal action if it becomes law, according to the Providence Journal.
According to the bill, “A person who stores or leaves a firearm in any place is guilty of the violation of unsafe storage of a firearm unless the firearm is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged in order to render such firearm inoperable by any person other than the owner or other lawfully authorized user. For purposes of this section, such firearm shall not be deemed stored or left if the firearm is being carried by or is within such proximity to its owner or other lawfully authorized user that the firearm can be readily retrieved and used as if carried on said person.”
As noted by WPRI News, the legislation now goes to the Rhode Island House for consideration.
But is this legislation going to pass the constitutional smell test?
As stated in the landmark 2008 U.S. Supreme Court ruling in District of Columbia v. Heller, “We must also address the District’s requirement (as applied to respondent’s handgun) that firearms in the home be rendered and kept inoperable at all times. This makes it impossible for citizens to use them for the core lawful purpose of self-defense and is hence unconstitutional.”
Near the end of the 5-4 majority opinion, authored by the late Associate Justice Antonin Scalia, the decision states, “In sum, we hold that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense.”
Senate Minority Leader Jessica de la Cruz opposed the measure, observing during the Senate debate, “Safe storage has been the law in Rhode Island for almost 30 years” but this bill “directly impacts our constitutional right to have a firearm readily accessible for self-defense.”
The Providence Journal quoted Christopher Morin, a member of the Firearms Policy Coalition and state National Guard, who submitted written testimony that the storage requirement “could delay or prevent individuals from defending their homes and loved ones in emergencies” and “infringes on the rights of law-abiding gun owners.”
The Rhode Island House is also overwhelmingly Democrat-controlled, so the chances of this legislation passing are strong.
