Rhode Island requires a purchase application and a police background check for handgun sales between private parties, with limited exemptions. Whether you are buying a handgun from a friend, selling one through a classified listing, or receiving one as a gift, you must follow the same state application and waiting-period procedures that apply to dealer sales. Understanding these requirements prevents inadvertent violations that carry serious criminal penalties.
Background Check Requirement for Handguns
RIGL 11-47-35[1] provides that no person shall deliver a pistol or revolver to a purchaser until seven days have elapsed from noon of the day following the application for the purchase. The buyer completes and signs the Application to Purchase in triplicate and delivers it to the seller, and the seller forwards copies to the chief of police of the city or town where the buyer resides, or to the superintendent of the Rhode Island State Police if the buyer resides in Exeter or out of state[2]. This requirement applies to licensed dealer sales and private party transfers alike. The statute exempts only bona fide wholesale sales to licensed retail dealers and purchases by licensed retail dealers. RIGL 11-47-35.1 exempts the persons it lists, and RIGL 11-47-25 provides that the chapter does not apply to antique firearms unsuitable for use. There is no exemption for ordinary private sales of handguns.
The Transfer Process Step by Step
The practical process for a private handgun transfer works as follows:
- Step 1: The buyer obtains a Blue Card (DEM Handgun Safety Certificate) unless they already hold one, provide proof of passage of DEM's basic hunter safety course, or qualify for an exemption under RIGL 11-47-35(g)-(h) or 11-47-35.1[3]
- Step 2: Unless exempt from the application requirements, the buyer completes and signs the state Application to Purchase (the RIGL 11-47-35 triplicate form) and delivers it to the seller, presenting the Blue Card or equivalent proof of passage of DEM's basic hunter safety course unless exempt from the safety certificate requirement. Persons licensed under RIGL 11-47-11 are exempt from the application requirements. ATF Form 4473 is the form a licensed dealer must complete when selling a firearm to a person who is not a licensee
- Step 3: The seller forwards the application to the receiving police authority, meaning the chief of police of the buyer's city or town of residence, or the Rhode Island State Police if the buyer resides in Exeter or out of state. That authority checks the applicant against the disqualifications in RIGL 11-47-5, 11-47-6, 11-47-7, and 11-47-23
- Step 4: A seven-day waiting period applies, counted from twelve o'clock noon of the day following the day of application. LCCW holders are exempt from the waiting period under RIGL 11-47-35.1[4]
- Step 5: After seven days from noon of the day following the application, if the seller has received no disqualifying information from the police authority, the seller delivers the handgun to the buyer. When delivered, the handgun shall be unloaded and securely wrapped, with the bill of sale enclosed within the wrapper
Long Gun Private Transfers
RIGL 11-47-35.2[5] extended the background check and waiting period requirements to rifles and shotguns. Private sales of long guns must also go through the application process with local or state police. The same seven-day waiting period applies, and the same LCCW exemption from the waiting period is available under 11-47-35.2(c). Section 11-47-35.2 was enacted by P.L. 1990, ch. 37.
Exemptions
Rhode Island provides limited exemptions from the background check and waiting period requirements:
- LCCW holders: Under 11-47-35.1, the handgun purchase requirements of 11-47-35 do not apply to persons licensed under RIGL 11-47-11, and 11-47-35.2(c) provides the same exemption for rifle and shotgun purchases. The exemption covers the entire application and waiting-period process. Both statutes list the local license issued under 11-47-11, not the Attorney General license issued under 11-47-18
- Law enforcement and military: Full-time state, capitol, and city or town police officers and correctional officers are exempt from the 11-47-35 process under 11-47-35.1. Active-duty military personnel are exempt from the safety certificate requirement under 11-47-35(g), and active reservists and persons in an active duty paid status in the Rhode Island National Guard under 11-47-35(h)
- Inheritance: Rhode Island does not provide a blanket exemption for inherited firearms. If you inherit a handgun, note that Section 11-47-35 lists no exemption for inherited handguns and provides that an eligible person may, upon application, purchase or acquire a pistol or revolver
There is no general exemption for transfers between family members. A father selling a handgun to his adult son must follow the same background check process as a sale between strangers.
Penalties for Non-Compliance
Selling, delivering, or transferring a handgun without following the application and waiting-period process is a criminal offense under RIGL 11-47-35[1]. Section 11-47-35 sets its own penalty only for retention of the duplicate and triplicate application copies in violation of the section or unauthorized use of the information contained in them, a fine of not more than $1,000. A violation of the delivery and waiting-period rules falls under the chapter's general penalty provision, RIGL 11-47-26, which authorizes imprisonment for up to five years, a fine of up to $1,000, or both. If the buyer turns out to be a prohibited person, the seller may face additional charges under RIGL 11-47-23(b), which prohibits knowingly transferring a firearm to a person the transferor knows or reasonably should know is prohibited from possessing one. A first violation carries up to five years of imprisonment, a fine of up to $5,000, or both[6].
Practical Tips for Private Transfers
Always conduct the transfer through the proper channels, even if both parties know each other well. Keep copies of all paperwork, including the application to purchase and proof of the completed background check. The seller may deliver the purchase application in person to the appropriate police authority under Sections 11-47-35 and 11-47-35.2. Unless the buyer is exempt, never complete the physical transfer of the firearm until seven days have elapsed from noon of the day following the application, and never deliver it if disqualifying information has been received from the police authority. If in doubt about whether a particular transfer requires a background check, contact your local police department or the Rhode Island State Police for guidance.
Sources
Related
- AWB Compliance Guide: Rhode Island's Assault Weapons Ban in Effect
- Safe Storage Requirements Guide
- Prohibited Persons: Who Cannot Own Firearms in Rhode Island
- Red Flag Laws: Understanding Rhode Island ERPOs
- Domestic Violence and Firearms: Surrender Process Guide
- Ammunition Purchase Requirements in Rhode Island