Gun bills clear committee

Six months after the tragic events in Newtown and almost a year after the shootings at a movie theater in Aurora, Colo., the Rhode Island Senate Judiciary Committee has crossed the first hurdle to changing gun laws in the state.

At a committee hearing Tuesday, the Judiciary Committee unanimously passed Senate Bills 455 Substitute A, 860 Substitute A and 862 Substitute A.

Bill 455 makes it illegal to possess a firearm with altered or obliterated manufacturer’s serial number. Bill 860 increases the penalty for committing a violent crime with a stolen fire arm. It would also form a Behavioral Health and Firearms Safety Task Force to review current laws and make recommendations on legislation addressing any connections between behavioral health concerns and firearm safety.

“The Connecticut incident brought to light how we need to better protect our children,” said Senator Michael McCaffrey (D-Warwick), chair of Senate Judiciary.

McCaffrey says he has heard from constituents on both sides of the gun safety debate, and is hopeful these three bills are something that can be agreed upon.

“We don’t want to affect lawful gun owners; we want to affect criminals,” added McCaffrey.

Cranston Senator Frank Lombardi (D) said he has a “considerable number” of gun lobbyists in his district and feels these particular bills cover areas supported by all.

“There is no issue with mental health background checks or stolen weapons,” said Lombardi when speaking about his constituents.

Warwick Mayor Scott Avedisian feels that the Judiciary committee’s decision is a step forward.

“A group of mayors has long called for better and more in-depth background checks, the closing of gun show loopholes and other reasonable reforms,” said Avedisian in an e-mail message. “I support legislation that gets us to those goals.”

Warwick Police Chief Col. Stephen McCartney was equally pleased with the vote.

“The three pieces of legislation are a step in the right direction in terms of curbing criminal firearms activity and ensuring that unsuitable people are not in possession of firearms,” said McCartney in an e-mail.

While Tuesday’s committee hearing lacked the fierce debate seen at past gun legislation hearings, two concerns were brought up.

The first came from Lombardi. The senator recalled previous hearings where questions about serial numbers that are damaged or obliterated accidentally, from drops, misfires or other accidents, were raised.

“I wanted to make sure there was intent in the statute,” said Lombardi of his concerns. Lombardi wanted to ensure that law-abiding gun owners with damaged weapons would be protected.

Joe Lindbeck from the Attorney General’s office addressed Lombardi’s concerns by informing Lombardi that gun owners could take a gun with an accidentally altered number to a dealer or police station for re-certification.

When asked about the process for re-certification, McCartney said he has yet to see the final legislation to design a process but is hopeful the gun owners would be truthful when it came to accidental obliteration.

“I would assume that if a person came in to see us about a serial number problem, that would be a sign of honesty,” said McCartney.

He added that the serial number legislation could help officers in the field if it should pass a full vote.

“If we apprehend a subject in possession of a firearm with obliterated serial numbers, then that would be a clear signal to me that the subject has broken the law and should be charged appropriately under that statute,” said the chief.

The second concern came from Steven Brown, executive director of the Rhode Island American Civil Liberties Union. He questioned language within the task force legislation, which lists a function of the task force to “propose legislation and recommendations to support the state’s full participation in the NICS (National Instant Criminal Background Check System) Index.”

Brown recalled testimony during House hearings that questioned any potential use of the NICS Index because it can deter individuals from seeking mental health treatment for fear of ending up in such a database. Brown says he believes the task force would be looking at the potential use of this system, not creating legislation for “full participation” as the bill reads.

“We really thought this language was answering a major question this commission was tasked with,” said Brown.

McCaffrey said the language could be looked at and amended on the Senate floor.

“There was a lot of testimony on the House side about how [the Index] is implemented. Mental illness is not an indicator of violence,” said Brown after the meeting. “That is a major reason we thought the language should be changed.”

All these three pieces of legislation are expected to be voted on by the full Senate before the end of this session; the debate on gun control is far from over in the state. Six other bills addressing firearms are still in committees on both sides, including outlawing straw purchases, outlawing possession of a firearm by a minor and a ban on assault weapons.

“If the legislation that passes accomplishes the objectives [of curbing criminal firearms activity and keep firearms from unsuitable people], then we will have taken a step in the right direction regarding appropriate gun legislation,” said McCartney. “I certainly think that more work needs to be done, but this is a good start.”

Avedisian also pointed out that more work is still being done in regards to school safety in the state.

“More importantly, I think we need to reassure people that our School Safety Task Force has been working diligently on honing our contingency plans to protect our residents and employees,” said the mayor.

After Tuesday’s meeting, McCaffrey was thinking positive and believes the full Senate will pass the three pieces of legislation when they reach the floor.