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Rhode Island Firearm Laws

last updated: January 18, 2021

Firearm laws are posted here as a courtesy only and are updated as often as possible. Please check with the actual state website for any additions / revisions to law that may have been made. Up to date information can be found at http://webserver.rilin.state.ri.us/Statutes/.

Rhode Island Constitution Article I, Section 22

The right of the people to keep and bear arms shall not be infringed.

TITLE 11 - CRIMINAL OFFENSES

CHAPTER 11-8 - Burglary and Breaking and Entering

§11-8-8 - Injury or death - Defense

In the event that any person shall die or shall sustain a personal injury in any way or for any cause while in the commission of any criminal offense enumerated in §§11-8-2 - 11-8-6, it shall be rebuttably presumed as a matter of law in any civil or criminal proceeding that the owner, tenant, or occupier of the place where the offense was committed acted by reasonable means in self-defense and in the reasonable belief that the person engaged in the criminal offense was about to inflict great bodily harm or death upon that person or any other individual lawfully in the place where the criminal offense was committed. There shall be no duty on the part of an owner, tenant, or occupier to retreat from any person engaged in the commission of any criminal offense enumerated in §§11-8-2 - 11-8-6.

History of Section. (P.L. 1976, ch. 216, §1; P.L. 1977, ch. 17, §1; P.L. 1984, ch. 212, §1.)

CHAPTER 11-47 - Weapons

§11-47-1 - Short title

This chapter may be cited as the "Firearms Act".

History of Section. (P.L. 1927, ch. 1052, §20; G.L. 1938, ch. 404, §20; G.L. 1956, §11-47-1; P.L. 1959, ch. 75, §1.)

§11-47-2 - (2020) Definitions

When used in this chapter, the following words and phrases are construed as follows:

  1. "3D printing process" means 3D printing or additive manufacturing which is a 5 process of making three (3) dimensional solid objects from a computer file and shall include any of various processes in which material is joined or solidified under computer control to create a three (3) dimensional object, with material being added together including liquid molecules, or powder grains.
  2. "Antique firearm" is defined as that term is defined under the provisions of 18 U.S.C. §921.
  3. "Bump fire stock" means any device which replaces a semi-automatic weapon's standard stock and is designed to slide back and forth rapidly, harnessing the weapon's recoil to rapidly fire the weapon.
  4. "Binary trigger" means a device which replaces a standard trigger on a semiautomatic weapon and is designed to fire one round on the pull of the trigger and another round upon release of the trigger.
  5. "Crime of violence" means and includes any of the following crimes or an attempt to commit any of them: murder, manslaughter, rape, first or second degree sexual assault, first or second degree child molestation, kidnapping, first and second degree arson, mayhem, robbery, burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a controlled substance classified in schedule I or schedule II of §21-28-2.08, any violation of §21-28-4.01.1 or 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a dangerous weapon, assault or battery involving grave bodily injury, and/or assault with intent to commit any offense punishable as a felony; upon any conviction of an offense punishable as a felony offense under §12-29-5.
  6. "Firearm" includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun," "BB gun," or other instrument from which steel or metal projectiles are propelled, or which may readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except instruments propelling projectiles which are designed or normally used for a primary purpose other than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under the provisions of this section.
  7. "Fugitive from justice" means any person who has fled from any state, territory, the District of Columbia, or possession of the United States to avoid prosecution for a crime of violence or to avoid giving testimony in any criminal proceeding.
  8. "Ghost gun" means a firearm, including a frame or receiver, that lacks a unique serial number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, maker or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. It does not include a firearm that has been rendered permanently inoperable, or a firearm that is not required to have a serial number in accordance with the Federal Gun Control Act of 1968.
  9. "Licensing authorities" means the board of police commissioners of a city or town where the board has been instituted, the chief of police or superintendent of police of other cities and towns having a regular organized police force, and, in towns where there is no chief of police or superintendent of police, it means the town clerk who may issue licenses upon the recommendation of the town sergeant, and it also means any other person or body duly authorized by the city or town charter or by state law.
  10. "Machine gun" means any weapon which shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot, without manual reloading, by a single function of the trigger. The term also includes the frame or receiver of the weapon, any combination of parts designed and intended for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if the parts are in the possession or under the control of a person.
  11. "Major component" means, with respect to a firearm:
    1. The slide or cylinder or the frame or receiver of the firearm; and
    2. In the case of a rifle or shotgun, includes the barrel of the firearm.
  12. "Person" includes an individual, partnership, firm, association, or corporation.
  13. "Pistol" includes any pistol or revolver, and any shotgun, rifle, or similar weapon with overall length less than twenty-six inches (26"), but does not include any pistol or revolver designed for the use of blank cartridges only.
  14. "Sawed-off rifle" means any rifle with overall length of less than twenty-six inches (26") and/or barrel length of less than sixteen inches (16").
  15. "Sawed-off shotgun" means any shotgun with overall length of less than twenty-six inches (26") and/or barrel length of less than eighteen inches (18").
  16. "Sell" includes let or hire, give, lend, and transfer, and "purchase" includes hire, accept, and borrow, and "purchasing" shall be construed accordingly.
  17. "Trigger crank" means a trigger actuator that attaches to the trigger of a semiautomatic weapon and causes the weapon to fire by turning the crank handle.
  18. "Undetectable firearm" means any firearm that:
    1. After removal of all parts, other than a major component, is not as detectable by walkthrough metal detectors commonly used at airports or other public buildings; or
    2. Any major component of which, if subjected to inspection by the types of detection devices commonly used at airports or other public buildings for security screening, would not generate an image that accurately depicts the shape of the component; or
    3. Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or
    4. Upon which the frame or receiver lacks a unique serial number engraved or cased into on the frame or receiver by a licensed manufacturer, maker or importer under federal law, or markings in accordance with 27 C.F.R. § 479.102.

    History of Section. (P.L. 1927, ch. 1052, §1; G.L. 1938, ch. 404, §1; P.L. 1950, ch. 2452, §1; G.L. 1956, §11-47-2; P.L. 1959, ch. 75, §1; P.L. 1974, ch. 184, §1; P.L. 1975, ch. 278, §1; P.L. 1988, ch. 660, §1; P.L. 1989, ch. 542, §7; P.L. 1991, ch. 333, §1; P.L. 1995, ch. 153, §1; P.L. 1996, ch. 275, §1; P.L. 2012, ch. 213, §1; P.L. 2012, ch. 232, §1.); Amended 2017 (H7075) Sec. 1, Amended 2020 (H7102) § 1

§11-47-3 - Carrying dangerous weapons or substances when committing crime of violence

No person shall commit or attempt to commit a crime of violence when armed with or having available any firearm, explosive substance, noxious liquid, gas or substance, or acid. Every person violating the provisions of this section shall be punished:

  1. for the first conviction by imprisonment for not less than three (3) nor more than ten (10) years;
  2. for a second conviction under this section by imprisonment for not less than ten (10) nor more than twenty (20) years; and
  3. for a third or subsequent conviction the person convicted shall be sentenced to not less than fifteen (15) years to life imprisonment. For the penalties provided in this section he or she shall not be afforded the provisions of suspension or deferment of sentence, nor of probation.

History of Section. (P.L. 1927, ch. 1052, §2; G.L. 1938, ch. 404, §2; G.L. 1956, §11-47-3; P.L. 1959, ch. 75, §1; P.L. 1968, ch. 183, §1; P.L. 1977, ch. 16, §1; P.L. 1989, ch. 544, §1.)

§11-47-3.1 - (2013) Carrying a stolen firearm when committing a crime of violence

No person shall commit a crime of violence when armed with or having available a stolen firearm. Every person violating the provisions of this section shall be punished:

  1. for the first conviction by imprisonment for not less than five (5) nor more than fifteen (15) years;
  2. for a second conviction under this section by imprisonment for not less than fifteen (15) nor more than twenty (20) years; and
  3. for a third or subsequent conviction under this section by imprisonment for not less than twenty (20) years and may be imprisoned for life. The sentence imposed shall be consecutive to the underlying sentence for the crime of violence.

History of Section. (P.L. 1992, ch. 438, §1; P.L. 2013, ch. 455, §1; P.L. 2013, ch. 464, §1..)

§11-47-3.2 - Using a firearm when committing a crime of violence
  1. No person shall use a firearm while committing or attempting to commit a crime of violence. Every person violating the provisions of this section shall be punished:
    1. for the first offense by imprisonment for ten (10) years; however, if the violation was committed by use of a machine gun as defined in section 11-47-2(6), the term of imprisonment shall be thirty (30) years;
    2. for a second conviction under this section by imprisonment for twenty (20) years; however, if the violation was committed by use of a machine gun as defined in section 11-47-2(6), the term of imprisonment shall be life; and
    3. for a third or subsequent conviction, the person shall be sentenced to life, or life without the possibility of parole by the sentencing judge after consideration of aggravating and mitigating circumstances contained in §§12-19.2-3 and 12-19.2-4. Any sentence imposed upon a person pursuant to this section shall be imposed consecutively to and not concurrently with any sentence imposed for the underlying crime or attempted crime, and the person shall not be afforded the benefits of deferment of sentence or parole; provided, that unless sentenced to life without the possibility of parole pursuant to subdivision (3) of this subsection, a person sentenced to life under this section may be granted parole.
  2. Every person who, while committing an offense violating subsection (a) of this section, discharges a firearm shall be guilty of a felony and be imprisoned as follows:
    1. Ten (10) years, if no injury to any other person results from the discharge;
    2. Twenty (20) years, if a person other than a police officer is injured by the discharge of the firearm, or if a police officer who is engaged in the performance of his or her duty is deliberately endangered by the person's discharge of the firearm;
    3. Life, if a police officer who is engaged in the performance of his or her duty is injured by the discharge of the firearm; and
    4. Life, if the death or permanent incapacity of any person (other than the person convicted) results from the discharge of the firearm; provided that, involuntary manslaughter shall not be considered a "crime of violence" for the purpose of subdivision (b)(4) only.
  3. The penalties defined in subsection (b) of this section shall run consecutively, and not concurrently, to any other sentence imposed and, notwithstanding the provisions of chapter 8 of title 13, the person shall not be afforded the benefits of deferment of sentence or parole; provided, that a person sentenced to life under subdivision (b)(3) or (b)(4) of this section may be granted parole.

History of Section. (P.L. 2000, ch. 158, §2; P.L. 2000, ch. 285, §2; P.L. 2012, ch. 216, §1; P.L. 2012, ch. 230, §1.)

§11-47-4 - Being armed prima facie evidence of intention

In the trial of a person for committing or attempting to commit a crime of violence, the fact that he or she was armed with or had available a pistol or revolver without license to carry it, or was armed with or had available a machine gun, shall be prima facie evidence of his or her intention to commit the crime of violence.

History of Section. (P.L. 1927, ch. 1052, §2; G.L. 1938, ch. 404, §2; G.L. 1956, §11-47-3; G.L., §11-47-4; P.L. 1959, ch. 75, §1.)

§11-47-5 - (2017) Possession of arms by person convicted of crime of violence or who is a fugitive from justice
  1. No person shall purchase, own, carry, transport, or have in his or her possession any firearm.
    1. Has been convicted in this state or elsewhere of a crime of violence;
    2. Is a fugitive from justice;
    3. Has, in this state or elsewhere, entered a plea of nolo contendere to or been convicted of an offense punishable as a felony under §12-29-5; or
    4. Has, in this state or elsewhere, entered a plea of nolo contendere to or been convicted of any of the following offenses punishable as a misdemeanor under §12-29-5:
      1. Simple assault (§11-5-3);
      2. Cyberstalking and cyberharassment (§11-52-4.2);
      3. Violation of a protective order (as set forth in §12-29-2(a)(10); or
      4. Disorderly conduct (§11-45-1).
        1. A disorderly conduct conviction shall result in prohibition under this section if and only if the offense involves the use or attempted use of force or the threatened use of a dangerous weapon.
      5. The provisions of this subsection shall apply to all persons who enter a plea of nolo contendere to or have been convicted of any of the offenses specified in subsections (a)(3) and (a)(4) of this section, unless and until that person's matter has been expunged, or upon the completion of the sentence of a one-year filing, or the end of a one-year probationary period that no longer constitutes a conviction pursuant to §12-18-3
  2. Mo person shall purchase, carry, transport, or have in his or her possession any firearm if that person is subject to an order issued pursuant to chapter 15 of title 15, chapter 8.1 of title 8, or an equivalent order in this state or elsewhere, which order was issued after the person restrained has received notice of the proceedings and had an opportunity to be heard.
  3. No person who is in community confinement pursuant to the provisions of §42-56-20.2 or who is otherwise subject to electronic surveillance or monitoring devices as a condition of parole shall purchase, carry, transport, or have in his or her possession any firearm. This subsection shall not apply to any person who has not been convicted of (or pleaded guilty or nolo contendere to) a crime of violence in a court of competent jurisdiction.
  4. Every person violating the provisions of this section shall, upon conviction, be punished by imprisonment for not less than two (2) nor more than ten (10) years; and for penalties provided in this section he or she shall not be afforded the benefit of suspension or deferment of sentence nor of probation.

History of Section. (P.L. 1927, ch. 1052, §3; G.L. 1938, ch. 404, §3; G.L. 1956, §11-47-4; G.L., §11-47-5, as enacted by P.L. 1959, ch. 75, §1; P.L. 1968, ch. 183, §2; P.L. 1995, ch. 50, §1; P.L. 1996, ch. 275, §1.); Amended 2017 (H5510) Sec. 2

§11-47-5.1 - Larceny of a firearm
  1. Every person who shall steal any firearm shall be deemed guilty of larceny. "Firearm", as utilized in this section only, shall not apply to an air rifle, air pistol, "blank gun," or "BB gun." Every person violating the provisions of this section shall be sentenced, upon conviction, to not less than one year nor more than ten (10) years.
  2. No person shall steal any firearm as defined in this section and then sell, lend, or transfer the firearm or firearms. Any person convicted of violating the provisions of this subsection shall be punished by imprisonment for not less than ten (10) years nor more than twenty (20) years, and the sentence shall be consecutive to any other sentence he or she may receive or is serving.

History of Section. (P.L. 1975, ch. 278, §2; P.L. 1990, ch. 278, §1; P.L. 2000, ch. 158, §1; P.L. 2000, ch. 285, §1.)

§11-47-5.2 - (2013) Possession of a stolen firearm

It shall be unlawful for any person to possess a stolen firearm, knowing it to be stolen. Any person in violation of this section shall be guilty of a felony and subject to imprisonment for not less than three (3) years nor more than fifteen (15) years.

History of Section. (P.L. 2013, ch. 455, §2; P.L. 2013, ch. 464, §2.)

§11-47-5.3 - (2016) Surrender of firearms by persons convicted of domestic violence offenses.
  1. Pleading nolo contendere to or conviction of an offense under §12-29-2 which is punishable as a felony shall prohibit the defendant from purchasing, owning, carrying, transporting, or having in their possession or control any firearm. Upon such a plea or conviction, the court shall issue an order declaring that the defendant surrender all firearm(s) owned by the defendant, or in the defendant's possession, care, custody or control as described in this section.
    1. Surrender shall be made within twenty-four (24) hours of prohibition to a law enforcement agency or to a federally licensed firearms dealer. The arresting law enforcement agency shall be immediately notified of the order to surrender firearm(s). A law enforcement agency or federally licensed firearms dealer taking possession of a firearm(s) shall issue proof of surrender to the person surrendering the firearm(s). The proof of surrender shall include the name of the person, the name of the law enforcement agency or federally licensed firearms dealer, the date of surrender, the serial number, the manufacturer, and model of all surrendered firearm(s).
    2. The defendant may transport their firearm(s) during the twenty-four (24) hour surrender period directly to the law enforcement agency or federally licensed firearms dealer provided that the firearm(s) is broken down, unloaded and carried as openly as circumstances will permit, or provided that the pistols or revolvers are unloaded and secured in a separate container suitable for the purpose.
    3. The defendant shall, within forty-eight (48) hours after being served with the order, either:
      1. File a copy of proof of surrender with the court and attest that all firearm(s) owned by the defendant or in the defendant's possession, care, custody or control at the time of the plea or conviction have been surrendered in accordance with this section and that the defendant currently owns no firearm(s) or has any firearm(s) in their care, custody or control; or
      2. Attest that, at the time of the plea or conviction, the defendant owned no firearm(s) and had no firearm(s) in their care, custody or control, and that the defendant currently owns no firearm(s) and has no firearm(s) in their possession, care, custody or control.
    4. The list of firearm(s) surrendered shall be kept under seal and shall not be part of the public record.
      1. If the defendant chooses to surrender a firearm(s) to a law enforcement agency, the law enforcement agency shall follow the policies established by the police officer's commission on standards and training for the return or disposal of the firearm(s).
      2. The police officer's commission on standards and training shall establish policies for the return or disposal of firearms that are surrendered pursuant to any court order provided that such policies require that the defendant be notified of the return or disposal, and that the owner receive any financial value received from the disposal, less the cost associated with taking possession of, storing, and disposing of the firearm(s) and provided that no disposal shall occur while any appeal of the conviction is pending.
    6. If the defendant, or their designee, transfers a firearm(s) to a federally licensed firearms dealer pursuant to this section the defendant may instruct the federally licensed firearms dealer to sell the firearm(s) or to transfer ownership pursuant to state and federal law to a qualified named individual who is not a member of the defendant's dwelling house. The owner of any firearm(s) sold shall receive any financial value received from their sale, less the cost associated with taking possession of, storing and transferring of the firearm(s).
    7. Every individual to whom ownership of a firearm(s) is transferred pursuant to this section shall be prohibited from transferring or returning any firearm(s) to the defendant and shall be informed of this prohibition.
      1. Any knowing violation of subsection (a)(7) of this section is a felony which shall be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment for a term of not less than one year and not more than five (5) years, or both.

(2016 H7283)

§11-47-5.4 - (2017) Surrender of firearms after domestic violence offenses.
  1. A plea of nolo contendere, resulting in a filing or probation or conviction shall prohibit the defendant from purchasing, carrying, transporting, or having in their possession any firearm. Upon such a plea or conviction, the court shall order the defendant to surrender all firearms owned by the person or in the person's possession as described in this section.
    1. Surrender shall be made within twenty-four (24) hours of prohibition to the Rhode Island state police or local law enforcement or to a licensed gun dealer. The arresting law enforcement agency shall be immediately notified by the court of the order to surrender firearms. A law enforcement agency or licensed gun dealer taking possession of a firearm shall issue a proof of surrender to the person surrendering the firearm. The proof of surrender must include the name of the person, the date of surrender, and the serial number, manufacturer, and model of all surrendered firearms.
    2. A defendant transporting a firearm to surrender in accordance with this section shall not be liable to prosecution under §§11-47-5(d) or 11-47-8.
    3. The defendant shall, within forty-eight (48) hours after being served with the order, either:
      1. File a copy of proof of surrender with the court of jurisdiction, and attest that all firearms owned by the person or in the person's possession at the time of plea or conviction have been surrendered in accordance with this section and that the person currently owns no firearms and has no firearms in their possession; or
      2. Attest that, at the time of plea or conviction, the person owned no firearms and had no firearms in their possession, and that the person currently owns no firearms and has no firearms in their possession.
    4. The court of jurisdiction's copy of proof of surrender shall be kept under seal and shall not be part of the public record.
    5. The Rhode Island state police are authorized to develop rules, regulations and procedures pertaining to the storage of firearms that are surrendered pursuant to this section. The Rhode Island state police may consult with the Rhode Island Police Chiefs' Association in developing rules and procedures. Law enforcement agencies and departments shall observe due care in the receipt and storage of any firearm surrendered pursuant to this section. No law enforcement agency shall dispose of any firearm surrendered pursuant to this section unless that firearm is abandoned as provided in this section. The Rhode Island state police may consult with the Rhode Island Police Chiefs' Association in developing rules and procedures.
    6. A firearm surrendered to the Rhode Island state police or a local police department under this section shall be deemed abandoned if:
      1. Six (6) years have passed from the date of the completion of the defendant's sentence for an offense enumerated in §11-47-5(a)(4); and
      2. During the two (2) years following the six (6)-year period described in subsection (a)(6)(i) of this section, the Rhode Island state police or local police department has provided notice to the defendant, on at least two (2) separate occasions, that if the firearm is not reclaimed it shall be disposed of; and
      3. After the two (2)-year period described in subsection (a)(6)(ii) of this section and after notice to the defendant, the defendant fails to reclaim the firearm.
    7. The Rhode Island state police may dispose of an abandoned firearm at any time, provided that no disposal shall occur while any appeal of the conviction for a crime enumerated in §11-47-5(a)(4) is pending and provided that the owner of the firearm receives any financial value generated from its disposal less the cost associated with disposing of the firearm.

History: Enacted 2017 (H5510) Sec. 3

§11-47-5.5 - (2017) Motion to lift firearms prohibition for persons convicted of specified misdemeanor domestic violence offenses -- Consecutive prohibitions -- Return of surrendered firearms.
  1. A person prohibited from purchasing, owning, carrying, transporting, or having in their possession any firearm solely because of a plea of nolo contendere to or a conviction of an offense enumerated in §11-47-5(a)(4) may file a motion in the district court to have that firearm prohibition lifted in accordance with this section. A person who is otherwise prohibited under state law from purchasing, owning, carrying, transporting, or having in their possession any firearm shall not be eligible for relief under this section.
  2. Except for those cases where the defendant is eligible to reclaim firearms after the one year completion of a filing or probation under §12-18-3, a person shall become eligible to file a motion seeking relief under this section after five (5) years from the date of the completion of his or her sentence, unless, during that five (5)-year period, the person enters a plea of nolo contendere to or is convicted of any new offense enumerated in §11-47-5(a)(4).
    1. A person already prohibited from purchasing, owning, carrying, transporting, or having in their possession any firearm under §11-47-5(a)(4) who pleads nolo contendere to or is convicted of any new offense enumerated in §11-47-5(a)(4) shall be subject to an additional six (6)-year firearm prohibition under §11-47-5(a)(4). That additional prohibition shall run consecutively to the prohibition already in effect at the time the person pleaded nolo contendere to or was convicted of the new offense.
    2. A person made subject to consecutive firearms prohibitions in accordance with this subsection shall not become eligible to file a motion seeking relief under this section until their consecutive prohibition periods have fully elapsed.
  3. No filing fee shall be charged for the filing of a motion seeking relief under this section.
  4. The district court shall schedule a hearing on a motion seeking relief under this section no later than thirty (30) days from the date the motion is filed.
  5. The district court shall only consider whether the required amount of time to retrieve the firearms has expired, and that no other legal prohibition exists to prevent the respondent from recovering his or her firearms. If the court lifts a person's firearm prohibition pursuant to this section, the court shall issue the person written notice that the person is no longer prohibited from purchasing, owning, carrying, transporting, or having in their possession any firearm under §11-47-5(a)(4).
  6. A firearm surrendered to the Rhode Island state police or a local police department by a person formerly prohibited under §11-47-5(a)(4) who is granted relief under this section shall be returned to the person upon their request when:
    1. The person formerly prohibited under §11-47-5(a)(4) provides written proof issued by the court indicating that the firearm prohibition has been lifted pursuant to this section; and
    2. The Rhode Island state police or a local police department determines that the person formerly prohibited under §11-47-5(a)(4) is not otherwise prohibited from possessing a firearm under state or federal law.
  7. A court's grant of relief pursuant to this section shall not constitute an expungement, nor shall it in any way impact, negate, or otherwise modify the person's prior conviction of an offense enumerated in §11-47-5(a)(4).

History: Enacted 2017 (H5510) Sec. 6

§11-47-6 - (2014) Mental incompetents and drug addicts prohibited from possession of firearms

No person who is under guardianship or treatment or confinement by virtue of being a mental incompetent, or who has been adjudicated or is under treatment or confinement as a drug addict, shall purchase, own, carry, transport, or have in his or her possession or under his or her control any firearm. Any person affected by the provisions of this section, other than a person who has been pronounced criminally insane by competent medical authority, after the lapse of a period of five (5) years from the date of being pronounced cured by competent medical authority, may, upon presentation of an affidavit issued by competent medical authority to the effect that he or she is a mentally stable person and a proper person to possess firearms, make application for the purchase of the firearm(s). Any person affected by the provisions of this section, in making application for the purchase of firearms and in executing the application, voluntarily waives his or her right to refuse or refrain from disclosing any confidential information, including, but not limited to, any information arising from the physician-patient relationship, pertinent to a determination by the proper authorities regarding the approval or disapproval of this application. Any person affected by the provisions of this section, in making application for the purchase of firearms and in executing the application, further agrees to allow the proper authorities to investigate any and all medical records of the applicant pertinent to a determination by the authorities regarding the approval or disapproval of this application. In the event that the application is approved, and if the person has no other disqualifying record, he or she will be allowed to purchase and possess firearms.

History of Section. (P.L. 1959, ch. 75, §1; P.L. 1975, ch. 278, §1; P.L. 2014, ch. 346, §1; P.L. 2014, ch. 391, sect;1.)

§11-47-7 - Possession of firearm by alien
  1. No unnaturalized foreign born person who entered the United States in violation of the laws of the United States or, having legally entered the United States in a lawful manner, but now remains in the United States in violation of the laws of the United States, shall purchase, own, carry, transport, or have in his or her possession or under his or her control any firearm.
  2. When any person is charged under this section, the law enforcement agency bringing the charge shall, prior to arraignment, notify the United States Office of Immigration and Naturalization of the charge and further notify the court, at arraignment, of the alleged status of the person so charged.

History of Section. (P.L. 1959, ch. 75, §1; P.L. 1983, ch. 300, §1; P.L. 1996, ch. 146, §1.)

§11-47-8 - (2020) License or permit required for carrying pistol -- Other weapons prohibited.
  1. No person shall, without a license or permit issued as provided in §§11-47-11, 11-47-12 and 11-47-18, carry a pistol or revolver in any vehicle or conveyance or on or about his or her person whether visible or concealed, except in his or her dwelling house or place of business or on land possessed by him or her or as provided in §§11-47-9 and 11-47-10. The provisions of these sections shall not apply to any person who is the holder of a valid license or permit issued by the licensing authority of another state, or territory of the United States, or political subdivision of the state or territory, allowing him or her to carry a pistol or revolver in any vehicle or conveyance or on or about his or her person whether visible or concealed, provided the person is merely transporting the firearm through the state in a vehicle or other conveyance without any intent on the part of the person to detain him or herself or remain within the state of Rhode Island. No person shall manufacture, sell, purchase, or possess a machine gun except as otherwise provided in this chapter. Every person violating the provision of this section shall, upon conviction, be punished by imprisonment for not less than one nor more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), or both, and except for a first conviction under this section shall not be afforded the provisions of suspension or deferment of sentence, nor a probation.
  2. No person shall have in his or her possession or under his or her control any sawed-off shotgun or sawed-off rifle as defined in §11-47-2. Any person convicted of violating this subsection shall be punished by imprisonment for up to ten (10) years, or by a fine of up to five thousand dollars ($5,000), or both.
  3. No person shall have in his or her possession or under his or her control any firearm while the person delivers, possesses with intent to deliver, or manufactures a controlled substance. Any person convicted of violating this subsection shall be punished by imprisonment for not less than two (2) years nor more than twenty (20) years, and the sentence shall be consecutive to any sentence the person may receive for the delivery, possession with intent to deliver, or the manufacture of the controlled substance. It shall not be a defense to a violation of this subsection that a person has a license or permit to carry or possess a firearm.
  4. It shall be unlawful for any person to possess a bump fire device, binary trigger, trigger crank or any other device that when attached to a semi-automatic weapon allows full automatic fire. Individuals who possess these items shall have ninety (90) days from the enactment of this section to either sell, destroy or otherwise remove these items from the state of Rhode Island. Every person violating the provisions of this section shall, upon conviction, be punished by imprisonment for not less than one nor more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), or both, and, except for a first conviction under this section, shall not be afforded the provisions of suspension or deferment of sentence, nor a probation.
  5. No person shall manufacture, sell, offer to sell, transfer, purchase, possess, or have under his or her control a ghost gun or an undetectable firearm or any firearm produced by a 3D printing process. Any person convicted of violating this subsection shall be punished by imprisonment of not more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), or both and except for a first conviction under this section shall not be afforded the provisions of suspension or deferment of sentence, probation, nor fine. These provisions shall not apply to federally licensed manufacturers (FLN) pursuant to Alcohol, Tobacco, Firearms, and Explosives (ATF) regulations.

History of Section. (P.L. 1927, ch. 1052, §4; G.L. 1938, ch. 404, §4; G.L. 1956, §11-47-5; G.L., §11-47-8; P.L. 1959, ch. 75, §1; P.L. 1968, ch. 183, §3; P.L. 1974, ch. 184, §1; P.L. 1975, ch. 278, §1; P.L. 1988, ch. 389, §1; P.L. 1991, ch. 227, §1; P.L. 1992, ch. 422, §1; P.L. 1992, ch. 460, §1; P.L. 2000, ch. 109, §11.); Amended 2018 (H7075) Sec. 3, Amended 2020 (H7102) § 2

§11-47-8.1 - (2018) Modification of semi-automatic weapon.
  1. It shall be unlawful for any person within this state to modify any semi-automatic weapon such that it can shoot, is designed to shoot, or can be readily restored to shoot full automatic fire with a single pull or hold of the trigger. The possession of such a modified semi-automatic weapon shall be evidence of guilty knowledge by the person having possession that the semi-automatic weapon was modified. Every person violating the provisions of this subsection shall, upon conviction, be punished by imprisonment for not less than one year nor more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), or both, and, except for a first conviction under this section, shall not be afforded the provisions of suspension or deferment of sentence, nor a probation.
  2. This section shall not apply to the purchase of any such device by the Rhode Island state police, by any city or town police department of the state of Rhode Island, or by the department of environmental management for display as a part of a firearms training course under its auspices.
  3. Weapons otherwise considered legal which are found modified by devices pursuant to this section shall be subject to forfeiture pursuant to § 11-47-22.
  4. This section shall not be construed to prohibit use of a replacement trigger or trigger components designed and intended to decrease the weight of the trigger pull or to improve the quality and release of the trigger pull in a semi-automatic weapon.

Hisotry: Enacted 2018 (H7075) Sec. 2

§11-47-9 - (2014) Persons exempt from restrictions
  1. The provisions of §11-47-8 shall not apply to sheriffs; deputy sheriffs; the superintendent and members of the state police; members of the Rhode Island airport police department; members of the Rhode Island state marshals; Rhode Island state fire marshal; chief deputy state fire marshals; deputy state fire marshals assigned to the bomb squad, and those assigned to the investigation unit; Providence fire department arson investigators, provided that the investigator receiving the permit is a graduate of a police-training academy; correctional officers, within the department of corrections; members of the city or town police force; capitol police investigators of the department of attorney general appointed pursuant to §42-9-8.1; the witness protection coordinator for the witness protection review board as set forth in chapter 30 of title 12 and subject to the minimum qualifications of §42-9-8.1; automobile theft investigators of the Rhode Island state police pursuant to §31-50-1; railroad police while traveling to and from official assignments or while on assignments; conservation officers; or other duly appointed law enforcement officers; nor to members of the Army, Navy, Air Force, and Marine Corps of the United States, the National Guard, or organized reserves, when on duty; nor to members of organizations by law authorized to purchase or receive firearms from the United States or this state, provided these members are at, or going to or from, their places of assembly or target practice; nor to officers or employees of the United States authorized by law to carry a concealed firearm; nor to any civilian guard or criminal investigator carrying sidearms or a concealed firearm in the performance of his or her official duties under the authority of the commanding officer of the military establishment in the state of Rhode Island where he or she is employed by the United States; nor to any civilian guard carrying sidearms or a concealed firearm in the performance of his or her official duties under the authority of the adjutant general where he or she is employed guarding a national guard facility, provided, that the commanding officer of the military establishment shall have on file with the attorney general of this state a list of the names and addresses of all civilian guards and criminal investigators so authorized; nor to duly authorized military organizations when on duty; nor to members when at, or going to or from, their customary places of assembly; nor to any individual employed in the capacity of warden, associate warden, major, captain, lieutenant, sergeant, correctional officer or investigator at any project owned or operated by a municipal detention facility corporation, including the Donald W. Wyatt Detention Facility; nor to the regular and/or ordinary transportation of pistols or revolvers as merchandise; nor to any person while transporting a pistol, or revolvers, unloaded from the place of purchase to their residence; or place of business, from their residence to their place of business or from their place of business to their residence, or to a federal firearms licensee for the purpose of sale, to or from a bona fide gunsmith, or firearms repair facility, to any police station or other location designated as a site of a bona fide "gun buy-back" program, but only if said pistol or revolver is unloaded and any ammunition for said pistol or revolver is not readily or directly accessible from the passenger compartment of such vehicle while transporting same and further provided, that in the case of a vehicle without a compartment separate from the passenger compartment, the firearm or the ammunition shall be stored in a locked container.
  2. Persons exempted by the provisions of this section from the provisions of §11-47-8 shall have the right to carry concealed firearms everywhere within this state; provided, that this shall not be construed as giving the right to carry concealed firearms to a person transporting firearms as merchandise or as household or business goods.

History of Section. (P.L. 1927, ch. 1052, §5; G.L. 1938, ch. 404, §5; P.L. 1953, ch. 3135, §1; G.L. 1956, §11-47-6; G.L., §11-47-9; P.L. 1959, ch. 75, §1; P.L. 1972, ch. 134, §2; P.L. 1974, ch. 252, §2; P.L. 1975, ch. 278, §1; P.L. 1977, ch. 100, §1; P.L. 1979, ch. 371, §1; P.L. 1990, ch. 208, §5; P.L. 1992, ch. 286, §2; P.L. 1993, ch. 423, §2; P.L. 1999, ch. 412, §1; P.L. 2005, ch. 329, §1; P.L. 2005, ch. 390, §1; P.L. 2007, ch. 263, §2; P.L. 2007, ch. 392, §2; P.L. 2007, ch. 503, §1; P.L. 2007, ch. 520, §1; P.L. 2008, ch. 94, §1; P.L. 2008, ch. 156, §1; P.L. 2008, ch. 475, §2; P.L. 2010, ch. 23, art. 7, §4; P.L. 2013, ch. 164, §4; P.L. 2013, ch. 234, §4; P.L. 2013, ch. 501, §3; P.L. 2014, ch. 525, §1.)

§11-47-9.1 - Additional exemptions

The provisions of §§11-47-8 and 11-47-11 shall not apply to members of the state police, members of city or town police forces, and members of the Rhode Island airport police department. Persons exempted by the provisions of this section from the provisions of §11-47-8 shall have the right to carry concealed firearms everywhere within this state; provided, that this shall not be construed as giving the right to carry concealed firearms to a person transporting firearms as merchandise or as household or business goods.

History of Section. (P.L. 1981, ch. 379, §1; P.L. 1999, ch. 412, §1.)

§11-47-10 - License or permit not required to carry to target range

No license or permit shall be required for the purpose of carrying or transporting any pistol or revolver from one's home or place of business to a bona fide target practice range, nor from a bona fide target practice range to one's home or place of business, to engage in any shoot meet, or practice, provided that the pistol or revolver is broken down, unloaded and carried as openly as circumstances will permit, or provided that the pistols or revolvers are unloaded and secured in a separate container suitable for the purpose.

History of Section. (G.L. 1938, ch. 404, §5(a); P.L. 1954, ch. 3322, §1; G.L. 1956, §11-47-7; G.L. 1956, §11-47-10; P.L. 1959, ch. 75, §1; P.L. 1975, ch. 278, §1.)

§11-47-11 - License or permit to carry concealed pistol or revolver
  1. The licensing authorities of any city or town shall, upon application of any person twenty-one (21) years of age or over having a bona fide residence or place of business within the city or town, or of any person twenty-one (21) years of age or over having a bona fide residence within the United States and a license or permit to carry a pistol or revolver concealed upon his or her person issued by the authorities of any other state or subdivision of the United States, issue a license or permit to the person to carry concealed upon his or her person a pistol or revolver everywhere within this state for four (4) years from date of issue, if it appears that the applicant has good reason to fear an injury to his or her person or property or has any other proper reason for carrying a pistol or revolver, and that he or she is a suitable person to be so licensed. The license or permit shall be in triplicate in form to be prescribed by the attorney general and shall bear the fingerprint, photograph, name, address, description, and signature of the licensee and the reason given for desiring a license or permit and in no case shall it contain the serial number of any firearm. The original shall be delivered to the licensee. Any member of the licensing authority, its agents, servants, and employees shall be immune from suit in any action, civil or criminal, based upon any official act or decision, performed or made in good faith in issuing a license or permit under this chapter.
  2. Notwithstanding any other chapter or section of the general laws of the state of Rhode Island, the licensing authority of any city or town shall not provide or release to any individual, firm, association or corporation the name, address, or date of birth of any person who has held or currently holds a license or permit to carry a concealed pistol or revolver. This section shall not be construed to prohibit the release of any statistical data of a general nature relative to age, gender and racial or ethnic background nor shall it be construed to prevent the release of information to parties involved in any prosecution of §11-47-8 or in response to a lawful subpoena in any criminal or civil action which the person is a party to that action.

History of Section. (P.L. 1927, ch. 1052, §6; G.L. 1938, ch. 404, §6; G.L. 1956, §11-47-8; G.L., §11-47-11, as enacted by P.L. 1959, ch. 75, §1; P.L. 1975, ch. 278, §1; P.L. 1986, ch. 270, §1; P.L. 1993, ch. 414, §1; P.L. 1996, ch. 342, §1; P.L. 1998, ch. 268, §1.)

§11-47-12 - License or permit fee

A fee of forty dollars ($40.00) shall be charged and shall be paid for each license or permit to the licensing authority issuing it. Every license or permit shall be valid for four (4) years from the date when issued unless sooner revoked. The fee charged for issuing of the license or permit shall be applied for the use and benefit of the city, town, or state of Rhode Island.

History of Section. (P.L. 1927, ch. 1052, §6; G.L. 1938, ch. 404, §6; G.L. 1956, §11-47-9; G.L., §11-47-12, as enacted by P.L. 1959, ch. 75, §1; P.L. 1975, ch. 278, §1; P.L. 1986, ch. 426, §1; P.L. 1996, ch. 342, §1.)

§11-47-13 - Revocation of license or permit

Any license or permit may be revoked for just cause at any time by the authority granting it, and, upon revocation, the authority shall give immediate notice to the attorney general, who shall immediately note the revocation, with the date of revocation, upon the copy of the license or permit on file in his or her office.

History of Section. (P.L. 1927, ch. 1052, §6; G.L. 1938, ch. 404, §6; G.L. 1956, §11-47-10; G.L. 1956, §11-47-13; P.L. 1959, ch. 75, §1; P.L. 1975, ch. 278, §1.)

§11-47-14 - Licenses and permits to banks and carriers

The attorney general may issue a license or permit to any banking institution doing business in this state or to any public carrier who is in the business of transporting mail, money, securities, or other valuables, to possess and use machine guns under any regulations that the attorney general may prescribe.

History of Section. (P.L. 1927, ch. 1052, §7; G.L. 1938, ch. 404, §7; P.L. 1941, ch. 991, §1; G.L. 1956, §11-47-11; G.L. 1956, §11-47-14; P.L. 1959, ch. 75, §1; P.L. 1975, ch. 278, §1.)

§11-47-15 - Proof of ability required for license or permit

No person shall be issued a license or permit to carry a pistol or revolver concealed upon his or her person until he or she has presented certification as prescribed in §11-47-16 that he or she has qualified with a pistol or revolver of a caliber equal to or larger than the one he or she intends to carry, that qualification to consist of firing a score of one hundred ninety-five (195) or better out of a possible score of three hundred (300) with thirty (30) consecutive rounds at a distance of twenty-five (25) yards on the army "L" target, firing "slow" fire. The "slow" fire course shall allow ten (10) minutes for the firing of each of three (3) ten (10) shot strings.

History of Section. (P.L. 1959, ch. 75, §1; P.L. 1975, ch. 278, §1.)

§11-47-20 - Sale or possession of silencers

It shall be unlawful within this state to manufacture, sell, purchase, or possess any muffler, silencer, or device for deadening or muffling the sound of a firearm when discharged. Violations of this section shall be punished by imprisonment for not less than one year and one day.

History of Section. (P.L. 1927, ch. 1052, §8; G.L. 1938, ch. 404, §8; G.L. 1956, §11-47-14; G.L. 1956, §11-47-20; P.L. 1959, ch. 75, §1.)

§11-47-20.1 - Armor-piercing bullets

It shall be unlawful within this state for any person to import, manufacture, sell, purchase, or otherwise transfer any bullets which have steel inner cores or cores of equivalent hardness and truncated cones and which are designed for use in pistols as armor-piercing or metal-piercing bullets. Any person who violates the provisions of this section shall be punished by imprisonment for not more than three (3) years, or a fine of not more than five thousand dollars ($5,000), or both. This section shall not apply to the purchase of those bullets by the Rhode Island state police, by any city or town police department of the state of Rhode Island, or by the department of environmental management for display as a part of a firearms training course under its auspices.

History of Section. (P.L. 1982, ch. 218, §1.)

§11-47-20.4 - Body armor
  1. It shall be unlawful within this state for any person to purchase, own or possess body armor, if that person has been convicted of a felony that is a crime of violence. It shall be an affirmative defense under this section that the defendant obtained prior written certification from his or her employer that the defendant's purchase, use or possession of body armor was necessary for the safe performance of lawful business activity. It shall also be an affirmative defense for a confidential informant or witness with a conviction for a crime of violence to possess body armor when that person is engaged by a law enforcement agency, for a legitimate law enforcement purpose, and is under the direct supervision and acting under the direct authorization of the colonel or chief of police of that law enforcement agency. Any person who violates the provisions of this section shall be punished by imprisonment for not more than three (3) years, or a fine of not more than five thousand dollars ($5,000), or both.
  2. Definitions. For the purposes of this section, the following definitions shall apply:
    1. "Crime of violence" means murder, manslaughter, first degree arson, kidnapping with intent to extort, robbery, larceny from the person, first degree sexual assault, second degree sexual assault, first and second degree child molestation, assault with intent to murder, assault with intent to rob, assault with intent to commit first degree sexual assault, burglary, and entering a dwelling house with intent to commit murder, robbery, sexual assault, or larceny.
    2. "Body armor" means any product sold or offered for sale, in interstate or foreign commerce, as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment.

History of Section. (P.L. 2012, ch. 135, §1; P.L. 2012, ch. 144, §1.)

§11-47-22 - Forfeiture and destruction of unlawful firearms
  1. No property right shall exist in any firearm unlawfully possessed, carried, or used, and all unlawful firearms are hereby declared to be nuisances and forfeited to the state.
  2. When a firearm is lawfully seized, confiscated from or turned in by any person, it shall be placed in the custody of the superintendent of state police or the chief of police in the city or town in which it was seized, confiscated or turned in to. The officer who takes custody of the firearm shall promptly ascertain, using available record keeping systems, including, but not limited to, the National Crime Information Center, whether the firearm has been reported stolen and if stolen shall notify the reporting law enforcement agency of the recovery of said firearm. If the police department in the city or town in which the firearm was seized or confiscated has not been notified by a justice of the superior court or the attorney general that the firearm is necessary as evidence in a criminal or civil matter, it shall be returned to the lawful owner. However, any owner of a firearm who shall knowingly fail to report the loss or theft of the firearm to the proper law enforcement authorities shall not be entitled to its return.
  3. If a firearm is found not to be stolen and the owner cannot be readily ascertained within ninety (90) days subsequent to the seizure or confiscation of said firearm and the firearm is no longer necessary as evidence in a criminal or civil matter, the police department having custody of the firearm shall have the option of either: (1) destroying said firearm by rendering it permanently and irretrievably inoperable; (2) transferring custody of said firearms to the state crime laboratory for the purpose of criminal investigation; or (3) holding an auction of those firearms seized, confiscated or turned in to said police department; provided, however, any firearms to be transferred at auction shall be limited to antique firearms or curios or relics. For purposes of this section, "an antique firearm" shall be defined as any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured on or before 1899, and any replica of such firearm if such replica is not designed or redesigned for using rim-fire or conventional center fire fixed ammunition, or uses rim-fire or conventional center fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade. "Curios or relics" shall be defined as firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons. To be recognized as curios or relics, firearms must be manufactured at least fifty (50) years prior to the current date, but not including replicas thereof, and firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event.
  4. In the event that an auction is held, bidders shall be limited to bona fide holders of a valid Federal Firearms License for Retail Sale or a Federal Firearms Collector License. Any auction shall be advertised at least once a week for a period of three (3) weeks preceding the date of the auction in a newspaper of general circulation, said notice clearly stating the time, location and terms of said auction. All funds realized shall be used to purchase and provide necessary safety equipment, including, but not limited to, bulletproof vests, for the police department holding the auction and shall not revert to any general fund of the state, city or town, as the case may be.
  5. All firearms received by any police department in any manner shall be entered in the department's permanent records and listed by make, model, caliber and serial number and the manner in which said firearm was disposed of and, if by auction, the name and federal license number of the buyer. A copy of said record shall be forwarded to the office of the Rhode Island Attorney General and the Bureau of Alcohol, Tobacco and Firearms of the United States Treasury Department on at least an annual basis.

History of Section. (P.L. 1927, ch. 1052, §10; G.L. 1938, ch. 404, §10; G.L. 1956, §11-47-16; G.L. 1956, §11-47-22; P.L. 1959, ch. 75, §1; P.L. 1975, ch. 278, §1; P.L. 2003, ch. 418, §1; P.L. 2003, ch. 432, §1; P.L. 2008, ch. 267, §1; P.L. 2008, ch. 417, §1.)

§11-47-23 - (2013) False information in securing firearm or license

False information in securing firearm or license. - No person shall, in purchasing or otherwise securing delivery of a shotgun, rifle, pistol, or revolver, or in applying for a license to carry it, give false information or offer false evidence of his or her identity. Violation of the provisions of this section may be punished by a fine of not more than five thousand dollars ($5,000), imprisonment for not more than five (5) years, or both.

History of Section. (P.L. 1927, ch. 1025, §11; G.L. 1938, ch. 404, §11; G.L. 1956, §11-47-17; G.L., §11-47-23; P.L. 1959, ch. 75, §1; P.L. 1990, ch. 37, §2; P.L. 1990, ch. 300, §1; P.L. 2013, ch. 455, §3; P.L. 2013, ch. 464, §3.)

§11-47-24 - (2013) Alteration of marks of identification on firearms
  1. No person shall change, alter, remove, or obliterate the name of the maker, model, manufacturer's number, or if there is no name of the maker, model, or manufacturer's number then any other mark of identification on any firearm.
  2. No person shall, absent recertification paperwork, knowingly receive, transport, or possess any firearm which has had the name of the maker or manufacturer's serial number removed, altered, or obliterated, or if there is no name of the maker, model, or manufacturer's number then any other mark of identification on any firearm.
  3. Possession of any firearm, absent recertification paperwork, upon which the name of the maker, model, manufacturer's number, or if there is no name of the maker, model, or manufacturer's number then any other mark of identification on any firearm has been changed, altered, removed, or obliterated shall be prima facie evidence that the possessor has changed, altered, removed, or obliterated.
  4. A person in possession of a firearm, with proof of ownership and/or transfer from a FFL dealer, may apply for recertification of that firearm from a Rhode Island based licensed firearms business owner who also is an FFL dealer or a local police chief and/or police department official if the name of the maker, model, manufacturer's number, or if there is no name of the maker, model, or manufacturer's number then any other mark of identification on the firearm has been only partially damaged.
  5. The Rhode Island based licensed firearms business owner who is also an FFL dealer or a local police chief and/or police department official shall, within sixty (60) days of the application if he or she is reasonably able to verify the firearm ownership and identifying marks recertify the firearm or return the firearm to the person who presented it, certify by written notarized documentation that the firearm's name of the maker, model, manufacturer's number, or if there is no name of the maker, model, or manufacturer's number then any other mark of identification on the firearm has been partially damaged and is still identifiable and traceable to the record owner.
  6. The sale or transfer of a recertified firearm and/or the submission of a report by the record owner that the firearm was stolen immediately voids all recertification documentation.
  7. Violation of the provisions of this section may be punished by imprisonment for not more than five (5) years.
  8. This section shall not apply to the lawful exchange of component parts of any firearms, nor to any antique and collectible weapons legally possessed by collectors and dealers of firearms as provided in section 11-47-25.

History of Section. (P.L. 1927, ch. 1052, §12; G.L. 1938, ch. 404, §13; G.L. 1956, §11-47-18; G.L. 1956, §11-47-24; P.L. 1959, ch. 75, §1; P.L. 1975, ch. 278, §1; P.L. 2013, ch. 454, §1; P.L. 2013, ch. 481, §1.)

§11-47-25 - Antique firearms and collections

This chapter shall not apply to antique firearms unsuitable for use, nor to collections of firearms utilized and maintained for educational, scientific, or any similar purpose without intent to use the firearms.

History of Section. (P.L. 1927, ch. 1052, §13; G.L. 1938, ch. 404, §13; G.L. 1956, §11-47-19; G.L. 1956, §11-47-25; P.L. 1959, ch. 75, §1; P.L. 1975, ch. 278, §1.)

§11-47-26 - Penalties for violations

Unless otherwise specified, any violation of any provision of this chapter shall be punished by a fine of not more than one thousand dollars ($1,000), or imprisonment for not more than five (5) years, or both; provided, that a violation of any of the provisions of §§11-47-1 - 11-47-34 with relation to air rifle, air pistol, "blank gun," "BB gun," or other instrument other than a machine gun, shotgun, rifle, or pistol, from which steel or other metal projectiles are propelled, shall for the first offense be punished by a fine of not more than fifty dollars ($50.00) and for the second or any subsequent offense by a fine of not more than one hundred dollars ($100), or by imprisonment for not more than thirty (30) days, or both; and provided, further, that the provisions of chapter 1 of title 14 shall apply in the case of any person under the age of eighteen (18) years.

History of Section. (P.L. 1927, ch. 1052, §14; P.L. 1929, ch. 1421, §3; G.L. 1938, ch. 404, §14; G.L. 1938, ch. 405, §3; P.L. 1950, ch. 2452, §3; G.L. 1956, §§11-47-20, 11-47-31; G.L. 1956, §11-47-26; P.L. 1959, ch. 75, §1.)

§11-47-27 - Standard of proof under §11-47-1 - 11-47-34

No negative allegation of any kind need be averred or proved in any complaint under §11-47-1 - 11-47-34, and the carrying or use of any firearm contrary to the provisions of those sections shall be evidence that the possession, carrying or use of any firearm is unlawful, but the respondent in any case brought under those sections may show any fact that would render the possession, or use, or carrying of the firearm lawful.

History of Section. (P.L. 1927, ch. 1052, §15; G.L. 1938, ch. 404, §15; G.L. 1956, §11-47-21; G.L. 1956, §11-47-27; P.L. 1959, ch. 75, §1.)

§11-47-28 - Arrest and detention for possession of firearms

Every officer authorized to make an arrest may, without complaint and warrant, arrest any person who has in his or her possession any firearm whenever the officer has reasonable ground to suspect that the person possesses or is using or is carrying the firearm contrary to law. Any person so arrested may be detained a reasonable time, not exceeding twenty-four (24) hours, for the purpose of making an investigation concerning the person, but no person so arrested shall be detained longer than twenty-four (24) hours without complaint being made against him or her before some proper court or justice. If the officer making the arrest shall at any time within the twenty-four (24) hours satisfy himself or herself that there is no ground for making a criminal complaint against the person, he or she shall be discharged from custody.

History of Section. (P.L. 1927, ch. 1052, §16; G.L. 1938, ch. 404, §16; G.L. 1956, §11-47-22; G.L. 1956, §11-47-28; P.L. 1959, ch. 75, §1.)

§11-47-30 - Sale, transfer or delivery of firearms to minors
  1. It shall be unlawful within this state for any person to sell, transfer, give, convey, or cause to be sold, transferred, given or conveyed any firearm to any person under eighteen (18) years of age, when the person knows or has reason to know that the recipient is under eighteen (18) years of age, except for the limited purposes set forth in §11-47-33 and 11-47-34 and with the prior approval or consent of the parent or legal guardian of the minor.
  2. Every person violating this section shall be punished, upon conviction, by imprisonment for not less than ten (10) years and not more than twenty (20) years. The prohibitions of this section shall not apply to any federally and state licensed retail dealer who makes reasonable efforts to verify a purchaser's age and shall not apply to the sale of an air rifle, air pistol, "blank gun" or "BB gun."

History of Section. (G.L. 1938, ch. 404, §21; P.L. 1950, ch. 2452, §4; G.L. 1956, §11-47-24; G.L. 1956, §11-47-30; P.L. 1959, ch. 75, §1; P.L. 1975, ch. 278, §1; P.L. 1999, ch. 389, §1; P.L. 2000, ch. 158, §1; P.L. 2000, ch. 285, §1.)

§11-47-31 - Sale, transfer or delivery of ammunition to minors
  1. It shall be unlawful within this state for any person to sell, transfer, give, convey, or cause to be sold, transferred, given or conveyed any ammunition, including any priming charge of powder, propelling charge of powder, or any form of missile or projectile to be ejected from a firearm to any person under eighteen (18) years of age when the person knows or has reason to know that the recipient is under eighteen (18) years of age, except for the limited purposes set forth in §11-47-33 and 11-47-34 and with the prior approval or consent of the parent or legal guardian of the minor.
  2. Every person violating this section shall be punished, upon conviction, by imprisonment for a term not to exceed ten (10) years. The prohibitions of this section shall not apply to any federally and state licensed retail dealer who makes reasonable efforts to verify a purchaser's age and shall not apply to the sale of ammunition for an air rifle, air pistol, "blank gun" or "BB gun."

History of Section. (G.L. 1938, ch. 404, §22; P.L. 1950, ch. 2452, §4; G.L. 1956, §11-47-25; G.L. 1956, §11-47-31; P.L. 1959, ch. 75, §1; P.L. 1975, ch. 278, §1; P.L. 1999, ch. 389, §1; P.L. 2000, ch. 158, §1; P.L. 2000, ch. 285, §1.)

§11-47-32 - Possession of ammunition by minor

Except as provided in §11-47-33, it shall be unlawful within this state for any person under eighteen (18) years of age to possess and use ammunition, including any priming charge of powder, propelling charge of powder, or any form of missile or projectile to be ejected from a firearm.

History of Section. (G.L. 1938, ch. 404, §23; P.L. 1950, ch. 2452, §4; G.L. 1956, §11-47-26; G.L. 1956, §11-47-32; P.L. 1959, ch. 75, §1; P.L. 1999, ch. 374, §1.)

§11-47-33 - Possession of firearms by minors
  1. It shall be unlawful within this state for any person under eighteen (18) years of age to possess and use any firearm unless he or she shall hold a permit as provided in §11-47-34, and unless the person is in the presence of a parent or guardian or supervising adult at any regular and recognized camp or rifle range approved by the Rhode Island state police or by the chief of police of the city or town in which the camp or rifle range is located; provided, that this provision shall not apply to minors engaged in lawful hunting activity under the supervision of a parent or guardian or qualified adult, minors participating in Reserve Officer Training Corps programs, ceremonial parade activities, competitive and target shooting, participants in state militia activities and minors participating in a basic firearms education program; provided, further, that a person under eighteen (18) years of age may carry a firearm, unloaded, in a suitable case to and from his or her home and the camp or range and from the camp or range to other camp or range when accompanied by a parent, guardian or supervising adult.
  2. For purposes of this section only, "qualified adult" means any person twenty-one (21) years of age or older and permitted by law to possess and use the firearm.

History of Section. (G.L. 1938, ch. 404, §24; P.L. 1950, ch. 2452, §4; G.L. 1956, §11-47-27; G.L. 1956, §11-47-33; P.L. 1959, ch. 75, §1; P.L. 1999, ch. 374, §1.)

§11-47-34 - Firearms permits to minors

The Rhode Island state police or the chief of police of the city or town in which the person resides shall issue permits to any person under eighteen (18) years of age only upon satisfactory proof of being engaged in a course of training in the use of firearms at a regular and recognized camp or rifle range, and provided that the person has the written consent of a parent or guardian. Valid membership cards of junior gun clubs or of junior divisions of senior gun clubs incorporated in the state of Rhode Island shall be prima facie evidence of the person under eighteen (18) years of age being engaged in a course of training in the use of firearms at a regular and recognized camp or rifle range.

History of Section. (G.L. 1938, ch. 404, §25; P.L. 1950, ch. 2452, §4; G.L. 1956, §11-47-28; G.L. 1956, §11-47-34; P.L. 1959, ch. 75, §1; P.L. 1999, ch. 374, §1.)

§11-47-35 - (2020) Sale of concealable weapons - Safety courses and tests - Review board - Issuance of permits to certain government officers
    1. No person shall deliver a pistol or revolver to a purchaser until seven (7) days shall have elapsed from twelve o'clock (12:00) noon of the day following the day of application for the purchase, and when delivered, the pistol or revolver shall be unloaded and securely wrapped, with the bill of sale to be enclosed within the wrapper with the pistol or revolver. Any citizen of the United States and/or lawful resident of this state who is twenty-one (21) years of age or older, and any nonresident member of the armed forces of the United States who is stationed in this state and who is twenty-one (21) years of age or older, may upon application purchase or acquire a pistol or revolver. At the time of applying for the purchase of a concealable firearm, the purchaser shall:
      1. complete and sign in triplicate and deliver to the person selling the pistol or revolver the application form described in this section, and in no case shall it contain the serial number of the pistol or revolver; and
      2. shall present to the person selling the pistol or revolver a pistol/revolver safety certificate issued by the department of environmental management. The certificate shall be retained in the possession of the buyer. The pistol/revolver safety certificate shall certify that the purchaser has completed a basic pistol/revolver safety course as shall be administered by the department of environmental management.

      (Face of application form)

      Application to Purchase Pistol or Revolver

      Date Hour A.M. P.M.

      Name

      Address

      (Street and number) - (City or town) - (State)

      Date of Birth Place of Birth

      Height Weight Color hair

      Color eyes

      Scars

      Tattoos

      Other identifying marks

      Are you a citizen of the United States

      Are you a citizen of Rhode Island

      How long

      Where stationed

      (Armed Forces only)

      Have you ever been convicted of a crime of violence

      (See §11-47-2)

      Have you ever been adjudicated or under confinement as addicted to a controlled substance

      Have you ever been adjudicated or under confinement for alcoholism

      Have you ever been confined or treated for mental illness

      From whom is pistol or revolver being purchased

      Seller's address

      Seller's signature

      Applicant's signature

      (See §11-47-23 for penalty for false information on this application)

      (Reverse side of application form)

      AFFIDAVIT: I certify that I have read and am familiar with the provisions of §11-47-1 - 11-47-55, inclusive, of the general laws of the State of Rhode Island and Providence Plantations, and that I am aware of the penalties for violation of the provisions of the cited sections. I further certify that I have completed the required basic pistol/revolver safety course.

      Signed

      (over)

      County of

      State of Rhode Island

      Subscribed and sworn before me this. . . . day of. . . . A.D. 20. .

      Notary Public

    2. The person selling the pistol or revolver shall on the date of application sign and forward by registered mail, by delivery in person, or by electronic mail if approved by the applicable police department, the original and duplicate copies of the application to the superintendent of the chief of police in the city or town in which the purchaser has his or her residence or to the superintendent of the Rhode Island state police in the instance where the purchaser either resides in the town of Exeter or resides out of state. The superintendent of the Rhode Island state police or the chief of police in the city or town in which the purchaser has his or her residence shall mark or stamp the original copy of the application form with the date and the time of receipt and return it by the most expeditious means to the person who is selling the pistol or revolver. The triplicate copy duly signed by the person who is selling the pistol or revolver shall within seven (7) days be sent by him or her by registered mail, by delivery in person, or by electronic mail to the attorney general. The person who is selling the pistol or revolver shall retain the original copy duly receipted by the police authority to whom sent or delivered for a period of six (6) years with other records of the sale. It shall be the duty of the police authority to whom the duplicate copy of the application form is sent or delivered to make a background check of the applicant to ascertain whether he or she falls under the provisions of §11-47-5, 11-47-6, 11-47-7, or 11-47-23. If, after the lapse of seven (7) days from twelve o'clock (12:00) noon of the day following application, no disqualifying information has been received from the investigating police authority by the person who is selling the pistol or revolver, he or she will deliver the firearm applied for to the purchaser. Upon the finding of no disqualifying information under the provisions of the above cited sections of this chapter, and in no case later than thirty (30) days after the date of application, the duplicate and triplicate copies of the application will be destroyed. Retention of the duplicate and triplicate copies in violation of this section or any unauthorized use of the information contained in the copies by a person or agency shall be punishable by a fine of not more than one thousand dollars ($1,000). The provisions of this section shall not apply to bona fide sales at wholesale to duly licensed retail dealers, nor to purchases by retail dealers duly licensed under the provisions of §11-47-39.
    1. The department of environmental management shall establish the basic pistol/revolver safety course required by this section. The safety course shall consist of not less than two (2) hours of instruction in the safe use and handling of pistols and revolvers and the course shall be available to buyers continually throughout the year at convenient times and places but at least monthly at locations throughout the state, or more frequently as required. Proficiency in the use of pistols or revolvers shall not be prerequisite to the issuance of the safety certificate. No person shall be required to complete the course more than once; provided, that any person completing the course who is unable to produce the safety certificate issued by the department of environmental management shall be required to take the course again unless the person provides evidence to the department that he or she has successfully completed the course.
    2. The administration of the basic pistol/revolver safety course required by this section shall not exceed the cost of thirty-five thousand dollars ($35,000) in any fiscal year.
  3. Proof of passage of the department of environmental management's basic hunter safety course will be equivalent to the pistol/revolver safety certificate mandated by this section.
  4. Any person who has reason to believe that he or she does not need the required handgun safety course may apply by any written means to the department of environmental management to take an objective test on the subject of matter of the handgun safety course. The test shall be prepared, as well as an instruction manual upon which the test shall be based, by the department. The manual shall be made available by any means to the applicant who may, within the time limits for application, take the objective test at the department or at any location where the handgun safety course is being given. Any person receiving a passing grade on the test shall be issued a pistol/revolver safety certificate by the department.
  5. [Deleted by P.L. 2005, ch. 20, §11 and P.L. 2005, ch. 27, §11].
  6. The following persons shall be issued basic pistol/revolver permits by the department of environmental management: sheriffs, deputy sheriffs, the superintendent and members of the state police, prison or jail wardens or their deputies, members of the city or town police force, members of the park police, conservation officers, members of the airport police and officers of the United States government authorized by law to carry a concealed firearm and, at the discretion of the department of environmental management, any person who can satisfactorily establish that he or she formerly held one of these offices or were so authorized.
  7. Any person who is serving in the Army, Navy, Air Force, Marine Corps or Coast Guard on active duty shall not be required to obtain a basic pistol/revolver safety certificate or basic pistol/revolver permit under this section so long as he or she remains on active duty.
  8. Any person who is serving in the active reserve components of the Army, Navy, Air Force, Marine Corps or Coast Guard, or any person in an active duty paid status in the Rhode Island National Guard, shall not be required to obtain a basic pistol/revolver safety certificate under this section so long as he or she remains in active status.

History of Section. (P.L. 1929, ch. 1421, §1; G.L. 1938, ch. 405, §1; G.L. 1956, §11-47-29; G.L., §11-47-35; P.L. 1959, ch. 75, §1; P.L. 1975, ch. 278, §1; P.L. 1979, ch. 206, §1; P.L. 1980, ch. 376, §1; P.L. 1985, ch. 439, §1; P.L. 1987, ch. 530, §1; P.L. 1989, ch. 139, §1; P.L. 1990, ch. 37, §2; P.L. 1990, ch. 300, §1; P.L. 1996, ch. 146, §1; P.L. 2000, ch. 109, §11; P.L. 2000, ch. 128, §1; P.L. 2001, ch. 180, §9; P.L. 2005, ch. 20, §11; P.L. 2005, ch. 27, §11; P.L. 2007, ch. 497, §1; P.L. 2007, ch. 519, §1. Amended 2020 H7103 § 2)

§11-47-35.1 - Persons exempt from §11-47-35

The provisions of §11-47-35 shall not apply to full-time members of the state police, full-time members of the state marshal's office, full-time members of city or town police departments, or state marshals or correctional officers or persons licensed under §11-47-11.

History of Section. (P.L. 1987, ch. 135, §1; P.L. 1992, ch. 383, §1; P.L. 1993, ch. 202, §1.)

§11-47-35.2 - (2020) Sale of rifles/shotguns
  1. No person shall deliver a rifle or shotgun to a purchaser until seven (7) days shall have elapsed from twelve o'clock (12:00) noon of the day following the day of application for the purchase, and when delivered, the rifle or shotgun shall be unloaded and securely wrapped, with the bill of sale for it to be enclosed within the wrapper with the rifle or shotgun. Any citizen of the United States and/or lawful resident of this state who is eighteen (18) years of age or older, and any non-resident member of the armed forces of the United States who is stationed in this state and who is eighteen (18) years of age or older, may, upon application, purchase or acquire a rifle or shotgun. At the time of applying for the purchase of a shotgun or rifle the purchaser shall complete and sign in triplicate and deliver to the seller the application form described in this section, and in no case shall it contain the serial number of the rifle or shotgun.

    (Face of application form)

    Application to Purchase Shotgun or Rifle

    Date Hour A.M. P.M.

    Name

    Address

    (Street and number) (City or town) (State)

    Date of Birth Place of Birth

    Height Weight Color hair

    Color eyes

    Scars

    Tattoos

    Other identifying marks

    Are you a citizen of the United States

    Are you a citizen of Rhode Island

    How long

    Where stationed

    (Armed Forces only)

    Have you ever been convicted of a crime of violence

    (See §11-47-2 General Laws of Rhode Island)

    Have you ever been adjudicated or under confinement as addicted to a controlled substance

    Have you ever been adjudicated or under confinement for alcoholism

    Have you ever been confined or treated for mental illness

    From whom is shotgun or rifle being purchased

    Seller's address

    Seller's signature

    Applicant's signature

    (See §11-47-23 for penalty for false information on this application)

    (Reverse side of application form)

    AFFIDAVIT: I certify that I have read and am familiar with the provisions of §11-47-1 - 11-47-59, inclusive, of the general laws of the State of Rhode Island and Providence Plantations, and that I am aware of the penalties for violation of the provisions of the cited sections.

    Signed

    County of

    State of Rhode Island

    Subscribed and sworn before me this. . . . day of. . . . A.D. 20. . .

    Notary Public

  2. The person who is selling the rifle or shotgun shall, on the date of application, sign and forward by registered mail or by delivery in person, or by electronic mail if approved by the applicable police department, the original and duplicate copies of the application to the chief of police in the city or town in which the purchaser has his or her residence to the superintendent of the Rhode Island state police in the instance where the purchaser either resides in the town of Exeter or resides out of state. The superintendent of the Rhode Island state police or the chief of police in the city or town in which the purchaser has his or her residence shall mark or stamp the original copy of the application form with the date and time of receipt and return it by the most expeditious means to the seller. The triplicate copy duly signed by the seller shall within seven (7) days be sent by him or her by registered mail, by delivery in person, or by electronic mail, to the attorney general. The person who is selling the rifle or shotgun shall retain the original copy duly receipted by the police authority to whom sent or delivered for a period of six (6) years with other records of the sale. It shall be the duty of the police authority to whom the duplicate copy of the application form is sent or delivered to make a background check of the applicant to ascertain whether he or she falls under the provisions of §11-47-5, 11-47-6, 11-47-7, or 11-47-23. If, after the lapse of seven (7) days from twelve o'clock (12:00) noon of the day following application, no disqualifying information has been received from the investigating police authority by the person who is selling the rifle or shotgun, he or she will deliver the firearm applied for to the purchaser. Upon the finding of no disqualifying information under the provisions of the above cited sections of this chapter, and in no case later than thirty (30) days after the date of application, the duplicate and triplicate copies of the application will be destroyed. Retention of the duplicate and triplicate copies in violation of this chapter or any unauthorized use of the information contained in them by a person or agency shall be punishable by a fine of not more than one thousand dollars ($1,000). The provisions of this section shall not apply to bona fide sales at wholesale to duly licensed retail dealers, nor to purchases by retail dealers duly licensed under the provisions of §11-47-39.
  3. The provisions of this section shall not apply to full-time members of the state police, full-time members of city or town police departments, persons licensed under §11-47-9 and 11-47-11, or to sales of air rifles or " BB guns" or to sales of antique firearms as defined in §11-47-2.

History of Section. (P.L. 1990, ch. 37, §1; P.L. 1990, ch. 300, §1; P.L. 1996, ch. 146, §1; P.L. 2000, ch. 128, §1. Amended 2020 H7103 § 2)

§11-47-35.3 - Annual report on application process administration

The attorney general shall provide the judiciary committees of the senate and house of representatives an annual report including the number of applications made pursuant to this section for the prior calendar year. The report shall include, but not be limited to, the number of applications received from sellers, the number of applications resulting in a determination that the potential buyer or transferee was prohibited from receipt or possession of a firearm pursuant to Rhode Island or federal law, the estimated costs of administering this chapter, and the number of instances in which a person requests amendment of the record pertaining to the person pursuant to §11-47-35 and 11-47-35.2.

History of Section. (P.L. 1990, ch. 300, §2.)

§11-47-36 - Purchase of concealable firearms from out of state dealers

No citizen of this state shall purchase any concealable firearm outside of the state of Rhode Island unless he or she has duly executed the application form prescribed in §11-47-35, the application form to be obtained by the purchaser from the city or town clerk of the city or town in which he or she resides or has his place of business. The original and duplicate copies of the application shall be delivered in person, duly executed, by the purchaser to the superintendent of the Rhode Island state police or to the chief of police of the city or town in which the purchaser resides. The purchaser shall send the triplicate copy of the application by registered mail to the attorney general within twenty-four (24) hours of the time of filing with the appropriate police authority. It shall be the duty of the police authority to whom the original and duplicate copies of the application are delivered to check the applicant's record to ascertain whether he or she falls under the provisions of §11-47-5, 11-47-6, 11-47-7, or 11-47-23. If, after the lapse of seventy-two (72) hours from twelve o'clock (12:00) noon of the day following the date of application, no disqualifying record has been found by the investigating police authority, the original and duplicate copies of the application marked or stamped "approved" and signed by the investigating police authority will be returned to the applicant by the most expeditious means. The approved duplicate copy of the application shall be sent by the purchaser to the out-of-state dealer as proof of lawful purchase, and the original shall be retained by the purchaser along with the bill of sale for the firearm purchased for a period of six (6) years as proof of lawful purchase. The triplicate copy of the application shall be retained by the attorney general for a period which shall in no case exceed ninety (90) days, provided that no evidence of the nature as would disqualify the applicant has been found.

History of Section. (P.L. 1959, ch. 75, §1.)

§11-47-37 - Sale to minors and others forbidden

No person shall sell a pistol or revolver to any person under the age of twenty-one (21) or to one who he or she has reasonable cause to believe falls under the provisions of §11-47-5, 11-47-6, 11-47-7, or 11-47-23.

History of Section. (P.L. 1959, ch. 75, §1; P.L. 1975, ch. 278, §1.)

§11-47-38 - Dealers to be licensed

No retail dealer shall sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell or otherwise transfer, any pistol, revolver, or other firearm without being licensed as provided in this chapter.

History of Section. (P.L. 1959, ch. 75, §1; P.L. 1975, ch. 278, §1.)

§11-47-39 - Issuance and conditions of dealer's license

The duly constituted licensing authorities of any city, town, or political subdivision of this state may grant licenses in form prescribed by the attorney general effective for not more than one year from date of issue permitting the licensee to sell pistols and revolvers at retail within this state, subject to the following conditions in addition to those specified in §§11-47-35 and 11-47-36, for breach of any of which the license shall be forfeited and the licensee subject to punishment as provided in this chapter:

  1. The business shall be carried on only in the building designated in the license.
  2. The license or a copy of it, certified by the issuing authority, shall be displayed on the premises where it can easily be read.
  3. No pistol or revolver shall be sold in violation of any provision of this chapter, nor shall a pistol or revolver be sold under any circumstances unless the purchaser is personally known to the seller or shall present clear evidence of his or her identity.
  4. The fee for issuing the license shall be five dollars ($5.00). The fee charged for the issuing of the license shall be applied for the use and benefit of the city or town.

History of Section. (P.L. 1959, ch. 75, §1.)

§11-47-40 - Register of sales of firearms - Display of firearms
  1. Every person, firm, or corporation selling a pistol, revolver, or other firearm whether the seller is a retail dealer, pawnbroker, or otherwise shall keep a register in which shall be entered at the time of sale the date of sale, name, age, and residence of every purchaser of the a pistol, revolver, or other firearm, together with the caliber, make, model, manufacturer's number, or other mark of identification on the pistol, revolver, or other firearm. Every person, firm, or corporation who shall fail to keep a register and to enter the acts required by this section shall, upon conviction, be punished as provided in this chapter. The register shall be open at all reasonable hours for the mandatory monthly inspection of licensed firearm dealers to be conducted by state and/or local police officials.
  2. This section shall not apply to wholesale dealers' bona fide sales at wholesale to duly licensed retail dealers. It shall be unlawful for any person, firm, or corporation dealing in firearms to display any pistol, revolver, or imitation, or any firearm of a size which may be concealed upon the person, or placard advertising the sale of one, in any part of the premises of the person, firm, or corporation where it can be readily seen from the outside. "Firearm" as utilized in this section only does not apply to an air rifle, air pistol, "blank gun," or "BB gun."

History of Section. (P.L. 1929, ch. 1421, §2; G.L. 1938, ch. 405, §2; G.L. 1956, §11-47-30; G.L. 1956, §11-47-40; P.L. 1959, ch. 75, §1; P.L. 1975, ch. 278, §1.)

§11-47-41 - Government firearm registration prohibited

No government agency of this state or its political subdivisions shall keep or cause to be kept any list or register of privately owned firearms or any list or register of the owners of those firearms; provided, that the provisions of this section shall not apply to firearms which have been used in committing any crime of violence, nor to any person who has been convicted of a crime of violence.

History of Section. (P.L. 1959, ch. 75, §1.)

§11-47-42 - Weapons other than firearms prohibited
    1. No person shall carry or possess or attempt to use against another any instrument or weapon of the kind commonly known as a blackjack, slingshot, billy, sandclub, sandbag, metal knuckles, slap glove, bludgeon, stun-gun, or the so called "Kung-Fu" weapons.
    2. No person shall with intent to use unlawfully against another, carry or possess a crossbow, dagger, dirk, stiletto, sword-in-cane, bowie knife, or other similar weapon designed to cut and stab another.
    3. No person shall wear or carry concealed upon his person, any of the above-mentioned instruments or weapons, or any razor, or knife of any description having a blade of more than three (3) inches in length measuring from the end of the handle where the blade is attached to the end of the blade, or other weapon of like kind or description.

    Any person violating the provisions of these subsections shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both, and the weapon so found shall be confiscated.

    Any person violating the provisions of these subsections while he or she is incarcerated within the confines of the adult correctional institutions shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment for not less than one year nor more than five (5) years, or both, and the weapon so found shall be confiscated.

  2. No person shall sell to a person under eighteen (18) years of age, without the written authorization of the minor's parent or legal guardian, any stink bomb, blackjack, slingshot, bill, sandclub, sandbag, metal knuckles, slap glove, bludgeon, stungun, paint ball gun, so called "kung-fu" weapons, dagger, dirk, stiletto, sword-in-cane, bowie knife, razor, or knife of any description having a blade of more than three inches (3") in length as described in subsection (a) of this section, or any multi-pronged star with sharpened edges designed to be used as a weapon and commonly known as a Chinese throwing star, except that an individual who is actually engaged in the instruction of martial arts and licensed under §5-43-1 may carry and possess any multi-pronged star with sharpened edges for the sole purpose of instructional use. Any person violating the provisions of this subsection shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment for not less than one year nor more than five (5) years, or both, and the weapons so found shall be confiscated.

History of Section. (G.L. 1896, ch. 283, §23, 24; P.L. 1907, ch. 1436, §1; P.L. 1908, ch. 1572, §1; G.L. 1909, ch. 349, §32, 33; P.L. 1910, ch. 591, §1; P.L. 1911, ch. 709, §1; P.L. 1915, ch. 1258, §15; G.L. 1923, ch. 401, §32; G.L. 1938, ch. 612, §31; G.L. 1956, §11-47-32; G.L., §11-47-42; P.L. 1959, ch. 75, §1; P.L. 1975, ch. 278, §1; P.L. 1985, ch. 310, §1; P.L. 1987, ch. 79, §1; P.L. 1991, ch. 281, §1; P.L. 2012, ch. 292, §1.)

§11-47-43 - Collectors and police officers exempt from §11-47-42

The provisions of §11-47-42, so far as they forbid the possession of certain instruments or weapons, shall not apply to any person who possesses or is making a collection of the weapons as curios or for educational, professional, scientific, or any other lawful purpose, without intent to use the instrument or weapon unlawfully. Nor shall the provisions of §11-47-42, so far as they relate to the possession or carrying of any billy, apply to sheriffs, constables, police, or other officers or guards whose duties require them to arrest or to keep and guard prisoners or property, nor to any person summoned by those officers to aid them in the discharge of their duties while actually engaged in their duties.

History of Section. (G.L. 1896, ch. 283, §23; P.L. 1908, ch. 1572, §1; G.L. 1909, ch. 349, §32; P.L. 1910, ch. 591, §1; G.L. 1909, ch. 349, §33; P.L. 1915, ch. 1258, §16; G.L. 1923, ch. 401, §33; G.L. 1938, ch. 612, §32; G.L. 1956, §11-47-33; G.L. 1956, §11-47-43; P.L. 1959, ch. 75, §1.)

§11-47-44 - Standard of proof under §11-47-42 and 11-47-43

No negative allegation of any kind need be averred or proved in any complaint under §11-47-42 and 11-47-43, and the possession of any blackjack, slungshot, billy, sandclub, sandbag, metal knuckles, bludgeon, dirk, dagger, stiletto, or other similar weapon designed to cut and stab another, and the carrying or use of any the instrument or weapons or of any of the instruments or weapons forbidden by §11-47-42 to be carried, worn, or used shall be evidence that the possession, use, wearing, or carrying, as the case may be, of any the instrument or weapon, is unlawful, but the respondent in any the case may show any fact that would render the possession or use, or wearing or carrying of the instrument or weapon lawful.

History of Section. (G.L. 1896, ch. 283, §26; G.L. 1909, ch. 349, §35; G.L. 1909, ch. 349, §34; P.L. 1915, ch. 1258, §17; G.L. 1923, ch. 401, §34; G.L. 1938, ch. 612, §33; G.L. 1956, §11-47-34; G.L. 1956, §11-47-44; P.L. 1959, ch. 75, §1.)

§11-47-45 - Arrest and detention for possession of weapon prohibited by §11-47-42

Every officer authorized to make an arrest for any criminal offense may arrest without complaint and warrant any person who has in his or her possession any instrument or weapon described in §11-47-42 whenever the officer has reasonable ground to suspect that the person possesses, or is using, wearing or carrying the instrument or weapon contrary to law. Any person so arrested may be detained a reasonable time, not exceeding twenty-four (24) hours, for the purpose of making an investigation concerning the person, but no person so arrested shall be detained longer than twenty-four (24) hours without complaint being made against him or her before some proper court or justice. If the officer making the arrest shall at any time within the twenty-four (24) hours satisfy himself or herself that there is no ground for making a criminal complaint against the person, he or she shall be discharged from custody.

History of Section. (G.L. 1909, ch. 349, §35; P.L. 1915, ch. 1258, §17; G.L. 1923, ch. 401, §35; G.L. 1938, ch. 612, §34; G.L. 1956, §11-47-35; G.L. 1956, §11-47-45; P.L. 1959, ch. 75, §1.)

§11-47-46 - Sections 11-47-42 - 11-47-45 inapplicable to firearms

The provisions of §11-47-42 - 11-47-45 shall not be construed to relate to the possession and carrying of air guns, pistols or firearms of any description.

History of Section. (P.L. 1927, ch. 1052, §18; G.L. 1938, ch. 404, §18; G.L. 1956, §11-47-36; G.L. 1956, §11-47-46; P.L. 1959, ch. 75, §1.)

§11-47-47 - Display of weapons

No person, firm, or corporation shall display in a place of business by means of a window display any pistol, revolver, or other firearm, as defined in §11-47-2, or any dagger, dirk, bowie knife, stiletto, metal knuckles, or blackjack; provided, that dealers in sporting goods may include in a window display pistols or revolvers upon a permit issued by the chief of police or town sergeant of any city or town. Any person, firm, or corporation violating the provisions of this section shall be punished by a fine not exceeding twenty-five dollars ($25.00) for the first offense and one hundred dollars ($100) for every subsequent offense.

History of Section. (P.L. 1929, ch. 1380, §1, 2; G.L. 1938, ch. 607, §11, 12; G.L. 1956, §11-47-37; G.L. 1956, §11-47-47; P.L. 1959, ch. 75, §1; P.L. 1975, ch. 278, §1.)

§11-47-48.1 - Report of lost or stolen weapons

Every person who owns a firearm shall report the loss or theft of their firearm to the local law enforcement agency within twenty-four (24) hours of the discovery of the loss or theft. Whoever knowingly violates this section shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100).

History of Section. (P.L. 1997, ch. 87, §1.)

§11-47-49 - Firing across highways prohibited

Every person who shall discharge any firearm or other contrivance arranged to discharge shot, bullets, arrows, darts, or other missiles in or across any public road, street, square, or lane shall, upon conviction, be guilty of a misdemeanor and shall be subject to a fine not exceeding five hundred dollars ($500), or one year in prison, or both.

History of Section. (G.L. 1896, ch. 110, §1; G.L. 1909, ch. 134, §1; G.L. 1923, ch. 177, §1; G.L. 1938, ch. 406, §1; G.L. 1956, §11-47-39; G.L. 1956, §11-47-49; P.L. 1959, ch. 75, §1; P.L. 1975, ch. 278, §1.)

§11-47-49.1 - Firing in Blackstone Valley Flood Plain prohibited

Every person who shall hunt or discharge any firearm within the Blackstone Valley Flood Plains or Marshes, also known as the "Valley Marshes," shall be subject to:

  1. A fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) for the first offense;
  2. A fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or imprisonment for sixty (60) days, or both, for the second offense; and
  3. For any subsequent offense a fine of not less than one hundred fifty dollars ($150) nor more than five hundred dollars ($500), or imprisonment for ninety (90) days, or both.

History of Section. (P.L. 1980, ch. 43, §1.)

§11-47-50 - Firing without landowner's permission - Firing in compact area
  1. Every person, not being at the time under military duty, who shall discharge any firearm, "BB gun", or other contrivance arranged to discharge shot, bullets, arrows, darts, or other missiles within the compact part of any city or town, or who shall discharge a firearm or other contrivance elsewhere, except upon land owned or occupied by him or her or by permission of the owner or occupant of the land on or into which he or she may shoot, shall be guilty of a misdemeanor, and shall be subject to a fine not exceeding five hundred dollars ($500), or one year in prison, or both; provided, that any city or town may by ordinance permit the discharge on non-posted land.
  2. The provisions of this section shall not apply to the owner of land who uses, or who gives permission to another to use without charge, a recurve, compound or longbow, provided that they are not used within two hundred fifty feet (250') of a dwelling house.

History of Section. (G.L. 1896, ch. 110, §3; G.L. 1909, ch. 134, §3; G.L. 1923, ch. 177, §3; G.L. 1938, ch. 406, §3; P.L. 1954, ch. 3280, §1; G.L. 1956, §11-47-40; G.L. 1956, §11-47-50; P.L. 1959, ch. 75, §1; P.L. 1975, ch. 278, §1; P.L. 1991, ch. 333, §1.)

§11-47-51 - Loaded weapons in vehicles

It is unlawful for any person to have in his or her possession a loaded rifle or loaded shotgun or a rifle or shotgun from the magazine of which all shells and cartridges have not been removed in or on any vehicle or conveyance or its attachments while upon or along any public highway, road, lane, or trail within this state; provided, that the provisions of this section shall not apply to deputy sheriffs, the superintendent and members of the state police, prison or jail wardens or their deputies, members of the city or town police force, investigators of the department of attorney general appointed pursuant to §42-9-8.1, the director, assistant director and other inspectors and agents at the Rhode Island state fugitive task force appointed pursuant to §12-6-7.2, nor to other duly appointed law enforcement officers, including conservation officers, nor to members of the Army, Navy, Air force, or Marine Corps of the United States, or the National Guard or organized reserves, when on duty, nor to officers or employees of the United States authorized by law to carry a concealed firearm, nor to any civilian guard or criminal investigator carrying sidearms or a concealed firearm in the performance of his or her official duties under the authority of the commanding officer of the military establishment in the state of Rhode Island where he or she is employed by the United States.

History of Section. (P.L. 1959, ch. 75, §1; P.L. 1992, ch. 286, §2; P.L. 1993, ch. 423, §2; P.L. 2012, ch. 324, §41.)

§11-47-51.1 - Discharge of firearm or incendiary or explosive substance or device from motor vehicle
    1. No person shall unlawfully discharge a firearm or incendiary or explosive substance or device from a motor vehicle in a manner which creates a substantial risk of death or serious personal injury to another person. Every person violating the provisions of this section shall be punished by imprisonment for not less than ten (10) years nor more than twenty (20) years and shall be fined not less than five thousand dollars ($5,000.00) nor more than fifty thousand dollars ($50,000.00), or both.
    2. In all cases under this subsection, the justice imposing sentence shall impose not less than the minimum sentence of ten (10) years imprisonment and may only impose a sentence less than that minimum if he or she finds that substantial and compelling circumstances exist which justify imposition of the alternative sentence. The finding may be based upon the character and background of the defendant, the cooperation of the defendant with law enforcement authorities, the nature and circumstances of the offense and/or the nature and quality of the evidence presented at trial. If a sentence which is less than imprisonment for a term of ten (10) years is imposed, the trial justice shall set forth on the record the circumstances which he or she found as justification for imposition of the lesser sentence.
  2. Any person injured as a result of a violation of this section shall be entitled to the civil remedies provided by §7-15-4.

History of Section. (P.L. 1990, ch. 312, §1.)

§11-47-52 - Carrying of weapon while under the influence of liquor or drugs

It is unlawful to carry or transport any firearm in this state when intoxicated or under the influence of intoxicating liquor or narcotic drugs.

History of Section. (P.L. 1959, ch. 75, §1.)

§11-47-53 - Limitation of prosecutions under §11-47-49 - §11-47-52 - Fines

No complaint for a violation of any of the provisions of §11-47-49 - 11-47-52 shall be sustained unless brought within thirty (30) days after the commission of the offense, and all fines for the violation shall inure to the state.

History of Section. (G.L. 1896, ch. 110, §6; G.L. 1909, ch. 134, §6; G.L. 1923, ch. 177, §6; G.L. 1938, ch. 406, §7; G.L. 1956, §11-47-42; G.L. 1956, §11-47-53; P.L. 1959, ch. 75, §1; P.L. 1975, ch. 278, §1.)

§11-47-55 - Enforcement of chapter

Deputy sheriffs, the superintendent and members of the state police, members of the city or town police force, or other duly appointed law enforcement officers, including conservation officers, shall have the power to enforce the provisions of this chapter.

History of Section. (P.L. 1959, ch. 75, §1; P.L. 2012, ch. 324, §41.)

§11-47-56 - Constitutionality

If any part of this chapter is for any reason declared void, its invalidity shall not affect the validity of the remaining portions of this chapter.

History of Section. (P.L. 1959, ch. 75, §1.)

§11-47-57 - "Mace" or similar substances

Any person eighteen (18) years of age or over may carry on his or her person and use, unless otherwise prohibited by law, any non-lethal noxious substance or liquid for his or her protection or the protection of others; however, the use of any non-lethal noxious substance or liquid for any other purpose shall be punishable by a fine of not more than twenty-five dollars ($25.00).

History of Section. (P.L. 1981, ch. 406, §1.)

§11-47-58 - Firearms - State preemption

The control of firearms, ammunition, or their component parts regarding their ownership, possession, transportation, carrying, transfer, sale, purchase, purchase delay, licensing, registration, and taxation shall rest solely with the state, except as otherwise provided in this chapter.

History of Section. (P.L. 1986, ch. 443, §1.)

§11-47-60 - Possession of firearms on school grounds
    1. No person shall have in his or her possession any firearm or other weapons on school grounds.
    2. For the purposes of this section, "school grounds" means the property of a public or private elementary or secondary school or in those portions of any building, stadium, or other structure on school grounds which were, at the time of the violation, being used for an activity sponsored by or through a school in this state or while riding school provided transportation.
    3. Every person violating the provisions of this section shall, upon conviction, be sentenced to imprisonment for not less than one year nor more than five (5) years, or shall be fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000).
    4. Any juvenile adjudicated delinquent pursuant to this statute shall, in addition to whatever other penalties are imposed by the family court, lose his or her license to operate a motor vehicle for up to six (6) months. If the juvenile has not yet obtained the necessary age to obtain a license, the court may impose as part of its sentence a delay in his or her right to obtain the license when eligible to do so, for a period of up to six (6) months.
  2. The provisions of this section shall not apply to any person who shall be exempt pursuant to the provisions of §11-47-9, 11-47-11, and 11-47-18 or to the following activities when the activities are officially recognized and sanctioned by the educational institution:
    1. Firearm instruction and/or safety courses;
    2. Government-sponsored military-related programs such as ROTC;
    3. Interscholastic shooting and/or marksmanship events;
    4. Military history and firearms collection courses and/or programs; and
    5. The use of blank guns in theatrical and/or athletic events.
  3. The provisions of this section shall not apply to colleges, universities, or junior colleges.

History of Section. (P.L. 1990, ch. 209, §1; P.L. 1990, ch. 258, §1; P.L. 1995, ch. 67, §1.)

§11-47-60.1 - Safe storage
  1. Nothing in this section shall be construed to reduce or limit any existing right to purchase and own firearms and/or ammunition or to provide authority to any state or local agency to infringe upon the privacy of any family, home or business except by lawful warrant.
  2. A person who stores or leaves on premises under his or her control a loaded firearm and who knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child's parent or guardian, and the child obtains access to the firearm and causes injury to himself or herself or any other person with the firearm, is guilty of the crime of criminal storage of a firearm and, upon conviction, shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than one year, or both. For purposes of this section, a "child" is defined as any person who has not attained the age of sixteen (16) years.
  3. The provisions of subsection (b) of this section shall not apply whenever any of the following occurs:
    1. The child obtains the firearm as a result of an illegal entry of any premises by any person or an illegal taking of the firearm from the premises of the owner without permission of the owner;
    2. The firearm is kept in a locked container or in a location which a reasonable person would believe to be secured;
    3. The firearm is carried on the person or within such a close proximity so that the individual can readily retrieve and use the firearm as if carried on the person;
    4. The firearm is locked with a locking device;
    5. The child obtains or obtains and discharges the firearm in a lawful act of self-defense or defense of another person;
    6. The person who keeps a loaded firearm on any premises which is under his or her custody or control has no reasonable expectations, based on objective facts and circumstances, that a child is likely to be present on the premises.
    1. If the person who allegedly violated this section is the parent or guardian of a child who is injured or who dies as the result of an accidental shooting, the attorney general's department shall consider among other factors, the impact of the injury or death on the person who has allegedly violated this section when deciding whether to prosecute an alleged violation.
    2. It is the intent of the general assembly that a parent or guardian of a child who is injured or who dies of an accidental shooting shall be prosecuted only in those instances in which the parent or guardian behaved in a grossly negligent manner.

History of Section. (P.L. 1995, ch. 62, §1.)

§11-47-60.2 - Possession of weapons on school grounds - Notification
  1. If a student is found to be carrying a weapon, as defined in §11-47-42, a firearm or replica of a firearm, or commits an aggravated assault on school grounds as defined in §11-47-60, the principal or designee shall immediately notify the student's parents and the local police and turn the weapon over, if any, to the local enforcement agency.
  2. Any person who has reasonable cause to know that any person is in violation of this statute shall notify the principal or designee. The principal or designee shall immediately notify the student's parents and the local police. Any person acting in good faith who makes a report under this section shall have immunity from any civil liability that might otherwise be incurred or imposed as a result of making the report.
  3. School superintendents shall receive notice from the clerk of the family court regarding the disposition of all cases involving juveniles from their school districts adjudged pursuant to this statute. This information shall remain confidential and be shared with school officials who deal directly with the student.
  4. (d) The provisions of this section should not apply to the following activities when the activities are officially recognized and sanctioned by the educational institution:
    1. Firearm instructed and/or safety course;
    2. Government-sponsored military-related programs such as ROTC;
    3. Interscholastic shooting and/or marksmanship events;
    4. Military history and firearms collection courses and/or programs; and
    5. The use of blank guns in theatrical and/or athletic events.
  5. The provisions of this section shall not apply to colleges, universities or junior colleges.

History of Section. (P.L. 1995, ch. 313, §1.)

§11-47-60.3 - Trigger lock required

No licensed retail dealer shall deliver any pistol to any purchaser without providing a trigger lock or other safety device designed to prevent an unauthorized user from operating the pistol.

History of Section. (P.L. 2000, ch. 208, §1; P.L. 2000, ch. 221, §1.)

§11-47-62 - Rifle ranges - Immunity from prosecution - Criminal or civil
  1. Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, it shall be lawful for an owner of a rifle, pistol, silhouette, archery, skeet, trap, black powder, or other similar range to operate the range in excess of the applicable noise or noise pollution, law, ordinance or bylaw, provided the owner of the range continues to be in compliance with any applicable noise control law, ordinance or bylaws in existence at the time of the construction of the range. No owner shall be liable in any action for nuisance, and no court shall enjoin the use or operation of the range on the basis of noise or noise pollution, provided the owner continues to be in compliance with any noise control law, ordinance or bylaws in effect at the time of the construction of the range.
  2. No standards in rules adopted by any state, city or town agency for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere shall apply to the ranges exempted from liability under the provisions of this section.
  3. Nothing in this section shall be construed to authorize or permit an owner of a rifle, pistol, silhouette, archery, skeet, trap, black powder, or other similar range to change the use and/or type of the range, or to expand the use and/or type of the range.

History of Section. (P.L. 1997, ch. 225, §1.)

§11-47-63 - (2014) Relief from disqualifiers program
  1. Establishment of board. There is hereby established a board known as the relief from disqualifiers board to consider petitions for relief from a firearms prohibition due to an adjudication of commitment in Rhode Island.
    1. The board shall be comprised of five (5) members to be appointed by the governor subject to the following qualifications:
      1. One of whom shall be a licensed psychiatrist;
      2. One of whom shall be a licensed psychologist;
      3. One of whom shall be an active member of law enforcement in the state of Rhode Island;
      4. One of whom shall be the director of the department of behavioral health, developmental disabilities and hospitals, or his/her designee; and
      5. One of whom shall be the attorney general or his/her designee.
    2. Each member shall serve for a term of three (3) years; provided, however, that of the initial members appointed to the board by the governor, two (2) shall be appointed for a term of two (2) years and three (3) shall be appointed to a term of three (3) years. As the term of office of a member of the board expires, his or her successor shall be appointed in a like manner for a term of three (3) years provided that a member shall continue to serve until an appointment is made by the governor. Any vacancy shall be filled by the governor for the unexpired term.
  2. Relief from disqualifiers program. A person who is subject to the disqualifiers of 18 U.S.C. 922(d)(4) and 18 U.S.C. 922(g)(4) and/or §40.1-5-8 because of an adjudication commitment under the laws of this state may petition for relief from a firearms prohibition from the relief from disqualifiers board. The board shall consider the petition for relief in accordance with the following:
    1. The board shall give the petitioner the opportunity to present evidence to the board ina closed and confidential hearing on the record;
    2. A record of the hearing shall be maintained by the board for purposes of appellate review; and
    3. The board shall conduct said hearing within thirty (30) days of the filing of a petition for relief.
  3. In determining whether to grant relief, the board shall consider evidence regarding the following:
    1. The circumstances regarding the firearms disqualifiers pursuant to 18 U.S.C. 922(d)(4) and 18 U.S.C. 922(g)(4);
    2. The petitioner's record, which must include, at a minimum, the petitioner's mental health record, including a certificate of a medical doctor or psychiatrist licensed in this state certifying that the person is no longer suffering from a mental disorder which interferes or handicaps the person from handling deadly weapons;
    3. All records pertaining to the petitioner's criminal history; and
    4. Evidence of the petitioner's reputation through character witness statements, testimony, or other character evidence.
  4. The board shall have the authority to require that the petitioner undergo a clinical evaluation and risk assessment, the results of which may also be considered as evidence in determining whether to approve or deny the petition for relief.
  5. After a hearing on the record, the board shall grant relief provided that it finds, by a preponderance of the evidence, that:
    1. The petitioner is not likely to act in a manner dangerous to public safety; and
    2. Granting the relief will not be contrary to the public interest.
  6. The board shall issue a decision in writing justifying the reasons for a denial or grant of relief.
  7. Any person whose petition for relief has been denied by the board shall have a right to a de novo judicial review in the superior court. The superior court shall consider the record of the board hearing on the petition for relief, the decision of the board, and, at the court's discretion, any additional evidence it deems necessary to conduct its review.
  8. Upon notice that a petition for relief has been granted, the district court shall, as soon as practicable:
    1. Cause the petitioner's record to be updated, corrected, modified, or removed from any database maintained and made available to the National Instant Criminal Background Check System (NICS) and reflect that the petitioner is no longer subject to a firearms prohibition as it relates to 18 U.S.C. 922(d)(4) and 18 U.S.C. 922 (g)(4); and
    2. Notify the attorney general of the United States that the petitioner is no longer subject to a firearms prohibition pursuant to 18 U.S.C. 922(d)(4) and 18 U.S.C. 922 (g)(4).
  9. The district court shall adopt rules relating to the transmission of information relating to civil commitments pursuant to §40.1-5-8(l) and to the National Instant Criminal Background Check System (NICS), and the relief from disqualifiers process as set forth herein. In preparing such rules, the district court shall consult with the department of behavioral health, developmental disabilities and hospitals, the attorney general, and such other entities as may be necessary or advisable. Such regulations shall include provisions to protect the identity, confidentiality and security of all records and data provided pursuant to this section and §40.1-5-26.
  10. Any member of the relief from firearms disqualifications board, its agents, servants, and employees shall be immune from suit in any action, civil or criminal, based upon any official act or decision, related to this section, performed or made in good faith.

History of Section. (P.L. 2014, ch. 455, §1, eff. January 1, 2015.)

TITLE 30 - MILITARY AFFAIRS AND DEFENSE

CHAPTER 30-15 - Emergency Management

§30-15-9 - (2016) Governor's responsibilities relating to disaster emergencies
  1. The governor shall be responsible for meeting the dangers to the state and people presented by disasters.
  2. A state of emergency shall be declared by executive order or proclamation of the governor if he or she finds a disaster has occurred or that this occurrence or the threat thereof is imminent. The state of disaster emergency shall continue until the governor finds that the threat or danger has passed or the disaster has been dealt with to the extent that emergency conditions no longer exist and terminates the state of disaster emergency by executive order or proclamation, but no state of disaster emergency may continue for longer than thirty (30) days unless renewed by the governor. The general assembly by concurrent resolution may terminate a state of disaster emergency at any time. Thereupon, the governor shall issue an executive order or proclamation ending the state of disaster emergency and what actions are being taken to control the emergency and what action the public should take to protect themselves. All executive orders or proclamations issued under this subsection shall indicate the nature of the disaster, the area or areas threatened, and the conditions that have brought it about or that make possible termination of the state of disaster emergency. An executive order or proclamation shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless the circumstances attendant upon the disaster prevent or impede, promptly filed with the agency, the secretary of state, and the city and town clerks in the area to which it applies.
  3. An executive order or proclamation of a state of disaster emergency shall activate the state and local disaster emergency plans applicable to the political subdivision or area in question and shall be authority for the deployment and use of any forces to which the plan or plans apply and for the use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to this chapter or any other provision of law relating to disaster emergencies.
  4. During the continuance of any state of disaster emergency the governor is commander-in-chief of the organized and unorganized militia and of all other forces available for emergency duty. To the greatest extent practicable, the governor shall delegate or assign command authority by prior arrangement embodied in appropriate executive orders or regulations, but nothing herein restricts the governor's authority to do so by orders issued at the time of the disaster emergency.
  5. In addition to any other powers conferred upon the governor by law, the governor may exercise the following powers, limited in scope and duration as is reasonably necessary for emergency response:
    1. Suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business, or the orders, rules, or regulations of any state agency, if strict compliance with the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency, provided that the suspension of any statute, order, rule or regulation will be limited in duration and scope to the emergency action requiring said suspension;
    2. Utilize all available resources of the state government as reasonably necessary to cope with the disaster emergency and of each political subdivision of the state;
    3. Transfer the direction, personnel, or functions of state departments and agencies or units thereof for the purpose of performing or facilitating emergency services;
    4. Subject to any applicable requirements for compensation under §30-15-11, commandeer or utilize any private property if the governor finds this necessary to cope with the disaster emergency;
    5. Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if the governor deems this action necessary for the preservation of life or other disaster mitigation, response, or recovery;
    6. Prescribe routes, modes of transportation, and destinations in connection with evacuation;
    7. Control ingress and egress to and from a high risk area, the movement of persons within the area, and the occupancy of premises therein;
    8. Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles;
    9. Make provision for the availability and use of temporary emergency shelter;
    10. Make and promulgate such rules and regulations as the governor may deem advisable for the assigning, detailing, and making available for duty and use in any city or town of this state any of the personnel, apparatus, or equipment of any police or fire department of any other city or town, or of any volunteer fire company, or of any fire district, and that personnel shall have the same powers, duties, rights, privileges, and immunities as if performing their duties in the city or town in which they normally would be employed, but the personnel shall obey the orders of the police and fire authorities of the city or town to which assigned, detailed, or made available. When assigned, detailed, or made available as aforesaid, the city or town in which the police or firemen shall perform outside duties shall provide them with subsistence or pay them a reasonable allowance therefor, and shall also be liable for any damage to the apparatus or equipment incurred while being so used; provided, however, that a city or town shall be reimbursed by the state out of the general fund of the state for all expenses incurred under the foregoing provisions of this subsection;
    11. Designate as a special emergency health and sanitation area, any area within the state that has been seriously damaged by disaster, or in which the existence of any military, naval, or air establishment of the United States of America or of any industrial establishment constructed or enlarged for purposes of national defense, has caused an increase in the population of that area to such an extent as to produce unusual problems of health and sanitation. It is the duty of state health authorities and the local code enforcement officials to make and enforce rules and regulations designed to prevent the introduction of any contagious or infectious disease and to safeguard the public health within the area. The governor may promulgate and enforce additional rules and regulations for the protection of the public health within areas as may be necessary;
    12. Whenever, in the governor's opinion, due to a disaster there is liable to be a serious shortage in the supply of food, fuel, clothing, antitoxins, serums, immunizing agents or any other pharmaceutical agents or medical supplies, or any other necessity of life or defense, and the federal authorities are not adequately dealing with the situation, promulgate such rules and regulations as he or she from time to time deems necessary to regulate the sale, purchase, or distribution of those necessities and to prohibit and prevent the wasting, secreting, hiding, or hoarding of or profiteering from those necessities; additionally, during a declared time of state or national emergency no person, firm, or corporation shall increase the price of any item it sells or offers for sale at retail immediately prior to the proclamation of emergency or during the proclaimed state of emergency. Nothing in this section shall prohibit the fluctuation in the price of items sold at retail that occurs during the normal course of business. Any person, firm or corporation who or that violates any provision of this subsection shall be fined not more than one hundred dollars ($100);
    13. Do all other things necessary to effectively cope with disasters in the state not inconsistent with other provisions of law;
    14. Adopt and enforce measures to provide for the safe disposal of infectious waste as may be reasonable and necessary for emergency response due to a state disaster emergency. Such measures may include, but are not limited to, the collection, storage, handling, destruction, treatment, transportation, and disposal of infectious waste;
    15. Adopt and enforce measures to provide for the safe disposal of corpses as may be reasonable and necessary for emergency response due to a state disaster emergency. Such measures may include, but are not limited to, the embalming, burial, cremation, interment, disinterment, transportation, and disposal of corpses; and
    16. Compel a person to submit to a physical examination and/or testing as necessary to diagnose or treat the person. The medical examination and/or testing may be performed by any qualified person authorized by the department of health and must not be reasonably likely to result in serious harm to the affected individual. The medical examination and/or testing shall be performed immediately upon the order of the department of health without resort to judicial or quasi-judicial authority. If the department of health is uncertain whether a person who refuses to undergo medical examination and/or testing may have been exposed to an infectious disease or otherwise poses a danger to public health, the department of health may subject the individual to isolation or quarantine, pursuant to §23-8-4.

History of Section. (P.L. 1973, ch. §2; P.L. 2000, ch. 170, §2; P.L. 2003, ch. 185, §4; P.L. 2003, ch. 189, §4; P.L. 2004, ch. 64, §1; P.L. 2004, ch. 83, §1; 2016 H7200)

Park And Management Area

RULES AND REGULATIONS

RULE VIII - Regulations

§11 - Firearms and archery equipment

11.1 Possession of a firearm or bow and arrow is prohibited in the state parks unless otherwise authorized in these Regulations, see sections 11.1, 16.13 or with a special use permit issued by the director or designee. In addition to above, blank guns are permitted for the purpose of dog training in designated areas from January 1st to September 30th.

11.2 Target shooting is prohibited except in designated areas by and in accordance with official written permission from Fish and Wildlife Field Headquarters.

11.3 Possession of a loaded firearm, or a firearm from the magazine of which all shells or cartridges have not been removed, in or on any vehicle or conveyance while in or upon any part of a public reservation is prohibited.

11.4 No person shall hunt or trap or carry firearms within a public reservation unless in possession of a valid hunting or trapping license and other official written permission as required. (See Section 16, Hunting Regulations and current Abstract of Wildlife Laws.)

11.5 Hunting is prohibited within areas designated with appropriate signage.

11.6 Hunting is prohibited except in designated areas.

11.7 No hunting is permitted within five hundred (500) feet of camping areas, picnic areas, ball fields, or occupied dwellings or structures, with the exception of archery hunting for deer with a safety zone of 200 feet. Carrying cross bows at any time is prohibited in parks.

(See Section 26, Target Range Regulations.)

§26 - Target range regulations

GUN HANDLING REQUIREMENTS - While using the target range, all users shall:

26.1.1 TREAT ALL FIREARMS AS IF LOADED. Keep the muzzle of the firearm pointed in a safe direction at all times. Keep firearms pointed down range while on the firing line.

26.1.2 Keep his/her finger off the trigger until ready to shoot.

Keep the action open and the firearm unloaded until ready to shoot. For range purposes, muzzleloading firearms are considered unloaded when free of powder, projectile, and primer.

26.1.4 Know his/her target and what is beyond.

26.1.5 Know how to safely operate his/her firearm.

26.1.6 Use only the correct ammunition for his/her firearm.

26.1.7 Not handle firearms or stand at the firing line where firearms are present while others are down range or during any "cease fire" period.

26.1.8 In the event a "cease fire" command is called by any individual on the range, immediately unload, open the action, remove the magazine, bench all firearms, and move to the area behind the yellow line known as the "ready line".

26.1.9 In case of misfire or hang fire, point his/her firearm down range until it can be safely cleared.

26.1.10 Fire no more than one shot every two seconds. Aimed fire only. No rapid fire, shooting from the hip, "combat style" shooting, or drawing from a holster.

26.1.11 Never use alcohol or drugs before or while shooting.

26.1.12 Transport firearms to and from the parking lot unloaded and cased. Holstered firearms are not permitted. Upon entering the firing line, firearms must be uncased at the shooting bench with the muzzle pointed down range.

26.1.13 Control his/her firearms and ammunition to prevent access by unauthorized persons.

26.2 - GENERAL RANGE REGULATIONS - At all times, while present on the target range, all individuals shall observe the following:

26.2.1 Wear ear and eye protection during live fire.

26.2.2 Know and obey all range regulations and commands.

26.2.3 Know where others are at all times and be aware of his/her surroundings.

26.2.4 No smoking on, or within twenty (20) feet of the firing line.

26.2.5 Climbing on berms and backstop is prohibited.

26.2.6 Mining of lead from berms and backstop is prohibited.

26.2.7 Firing at targets on the ground, or placing targets on the berms or backstop is prohibited.

26.2.8 Firing at objects other than prescribed targets is prohibited.

26.2.9 No incendiary (tracer type) ammunition is allowed.

26.2.10 Guests are not allowed on the firing line.

26.2.11 Please limit range time to one (1) hour when others are waiting to shoot.

26.2.12 The Wildlife Management Area requirement of solid daylight fluorescent orange is not required of Rifle/Pistol Range users.

26.3 - REGULATIONS FOR RIFLE/PISTOL RANGE

26.3.1 The discharge of any firearm other than a handgun, shotgun, rimfire rifle, muzzleloading rifle, or airgun is prohibited on the rifle/pistol range.

26.3.2 The use of shot ammunition on the pistol/rifle range is limited to patterning for seasonal hunting. Appropriate shot and patterning targets required.

26.3.3 No firing from positions forward of the designated firing line.

26.3.4 No firing from positions other than a designated shooting lane.

26.3.5 Use only the provided target stand designated for your shooting lane. No cross firing to other shooting lanes.

26.3.6 Use paper targets only. All other targets are prohibited.

26.4 - REGULATIONS FOR CLAY TARGET RANGE

26.4.1 The discharge of any firearm other than a shotgun is prohibited on the clay target range.

26.4.2 Ammunition is limited to maximum shot size of # 7-1/2 lead, or equivalent size non-toxic shot. No larger shot size or slugs are permitted on the shotgun range.

26.4.3 Clay pigeons are the only allowable target on the shotgun range.

26.4.4 Shoot from designated shooting stations only.

26.4.5 Guns are to be unloaded, actions open, when not standing in a designated shooting station.

26.4.6 Load no more than two (2) shells at a time.

26.4.7 Only two (2) shooters may simultaneously utilize the shotgun range.

26.4.8 At no time shall shots be fired, or clay targets launched toward the parking area or rifle range.