Bill Analysis
S3110, introduced at the request of Attorney General Neronha, criminalizes the mere possession of a firearm by any Rhode Islander under 18. It targets the exact activity the Second Amendment names first: keeping arms.
The Key Change
Current § 11-47-33 makes it unlawful for a minor to “possess and use” a firearm outside a narrow list of supervised activities. S3110 deletes “and use.” Under the new language, the offense is triggered by possession alone. A minor commits the crime the moment they pick up a firearm outside the statute’s exemptions, even if it is never loaded, aimed, or fired.
What It Means for Gun Owners
Rhode Island’s current statute already denies families the ability to have a parent supervise their child with a firearm at home. The adult-supervision exemption in § 11-47-33 applies only at an approved camp or rifle range, not in the home. S3110 takes that already-restrictive baseline and expands it further by removing the “use” element that previously gave room for the realities of home life.
A 17-year-old home alone during a break-in who picks up a firearm to defend their family is committing a crime under S3110. A father teaching his 16-year-old daughter how to safely clear a chamber at the kitchen table puts her in legal jeopardy, because the home is not an approved camp or range. A teenager who inherits a hunting rifle from a grandfather cannot lawfully take custody of it. A farm teenager who carries a .22 from the barn to the chicken coop to deal with a predator is a criminal under S3110, regardless of whether a shot is fired.
The bill also conflicts with the Supreme Court’s Second Amendment framework. In District of Columbia v. Heller, the Court identified possession, meaning the act of keeping arms, as the core of the right. In New York State Rifle & Pistol Association v. Bruen, the Court required any firearm regulation to be justified by a historical tradition from the Founding era. No such tradition exists for criminalizing mere juvenile possession. In 1791, older minors were expected to muster with the militia and were routinely trained on firearms by their families. Federal appellate courts in Jones v. Bonta and Reese v. BATFE have struck down age-based possession and purchase restrictions on these grounds.
Removing “use” from the statute shifts the law from punishing dangerous conduct to punishing possession itself, which is the activity the Second Amendment most directly protects.
Penalties:
- Violation of § 11-47-33 remains a misdemeanor under Rhode Island law
- The bill changes the conduct required to trigger the offense, not the penalty
Email and Petition
Oppose S3110 — Send Your Message and Be Added to the Petition
Every submission both contacts the members of the Senate Judiciary and adds to a growing public petition and record of opposition.
2 Rhode Islanders have already taken action. Join them.