Prohibited Persons:
Who Cannot Own Firearms in Rhode Island

Rhode Island maintains a comprehensive framework of firearms prohibitions that bar specific categories of persons from purchasing, possessing, carrying, or transporting firearms. These state prohibitions operate alongside federal law, and in some cases Rhode Island's restrictions are broader than the federal baseline. Understanding whether you fall into a prohibited category is the essential first step before any firearms transaction.

Felony Convictions

Under RIGL 11-47-5(a)(1)^[1], any person convicted of a crime of violence as defined in RIGL 11-47-2 is prohibited from purchasing, owning, carrying, transporting, or possessing any firearm. The definition of "crime of violence" in Section 11-47-2^[2] includes a broad list of enumerated offenses: murder, manslaughter, first- and second-degree sexual assault, first- and second-degree child molestation, kidnapping, robbery, burglary, arson, assault with a dangerous weapon, and several other violent felonies. A nolo contendere plea carries the same prohibition as a conviction for purposes of this statute.

Additionally, Section 11-47-5(a)(2) extends the prohibition to any person who is a fugitive from justice. Rhode Island has no standalone controlled-substances felony subsection within 11-47-5; certain controlled-substance felonies are instead reached through the "crime of violence" definition in 11-47-2(6). Federal law under 18 U.S.C. 922(g)(1)^[3] independently prohibits any person convicted of a crime punishable by imprisonment exceeding one year, regardless of the actual sentence imposed.

Domestic Violence Misdemeanors

RIGL 11-47-5(a)(3) and (a)(4) prohibit firearms possession by persons convicted of felony domestic violence under RIGL 12-29-5 and by persons convicted of the four misdemeanors enumerated in Section 11-47-5(a)(4) when punishable as domestic violence offenses under RIGL 12-29-5. The enumerated offenses are simple assault, cyberstalking and cyberharassment, violation of a protective order, and disorderly conduct, with disorderly conduct qualifying only if the offense involved the use or attempted use of force or the threatened use of a dangerous weapon. These state provisions overlap with the federal Lautenberg Amendment, 18 U.S.C. 922(g)(9)^[3], which prohibits firearms possession by any person convicted of a misdemeanor crime of domestic violence in any jurisdiction. The federal prohibition applies even if the state conviction occurred in a state other than Rhode Island.

Mental Health Adjudications

RIGL 11-47-6^[4] provides that no person who has been adjudicated or is under treatment or confinement as a person who is mentally incompetent shall purchase, own, carry, transport, or have in their possession any firearm. The statute reaches persons under guardianship, treatment, or confinement as a mental incompetent, and it also covers persons who have been adjudicated or are under treatment or confinement as drug addicts. It does not separately enumerate involuntary civil commitment or an insanity acquittal. Involuntary commitment to a mental institution is instead reached by federal law. Relief under the state statute is medical and administrative rather than court-adjudicated. After five years from the date of being pronounced cured by competent medical authority, the person may apply to purchase firearms upon presenting an affidavit from competent medical authority that they are mentally stable and a proper person to possess firearms. This relief path is not available to a person who has been pronounced criminally insane. Federally, 18 U.S.C. 922(g)(4) mirrors this prohibition for any person "adjudicated as a mental defective" or committed to a mental institution.

Substance Abuse

Federal law under 18 U.S.C. 922(g)(3)^[3] prohibits firearms possession by any person who is an unlawful user of or addicted to any controlled substance. Rhode Island does not have a standalone state statute mirroring this provision, but the federal prohibition applies to all Rhode Island residents. Notably, this includes persons who use marijuana, which remains a Schedule I controlled substance under federal law regardless of Rhode Island's state-level legalization. Any person who actually uses marijuana, whether medically or recreationally, is an unlawful user under federal law and is federally prohibited from possessing firearms. Holding a Rhode Island medical marijuana card is not by itself the statutory trigger, but the use the card authorizes is. ATF Form 4473 (the background check form) specifically asks about controlled substance use.

Minors

RIGL 11-47-33^[5] makes it unlawful for any person under the age of 18 to possess and use any firearm, handguns and long guns alike, unless the minor is in the presence of a parent, guardian, or supervising adult at a camp or rifle range approved by the Rhode Island State Police or the chief of police of the city or town where it is located. The statute excepts supervised lawful hunting, Reserve Officer Training Corps programs, ceremonial parade activities, competitive and target shooting, state militia activities, and basic firearms education programs, and it permits a minor to carry an unloaded firearm in a suitable case to and from home and the camp or range when accompanied by a parent, guardian, or supervising adult. Federal law under 18 U.S.C. 922(x) prohibits handgun possession by juveniles under 18. The dealer purchase-age minimums, 18 for long guns and 21 for handguns, are set separately by 18 U.S.C. 922(b)(1).

Restraining Orders

Federal law under 18 U.S.C. 922(g)(8)^[3] prohibits firearms possession by a person subject to a qualifying court order that restrains them from harassing, stalking, or threatening an intimate partner or the partner's child. To qualify, the order must have been issued after a hearing of which the person received actual notice, and it must either include a finding that the person represents a credible threat to the physical safety of the intimate partner or child or by its terms explicitly prohibit the use, attempted use, or threatened use of physical force. Not every restraining order meets these requirements. Rhode Island's domestic violence restraining order statute, RIGL 8-8.1^[6], includes mandatory firearms surrender provisions. When a court issues a protection order under 8-8.1, the respondent must surrender all firearms within 24 hours. Additionally, Rhode Island's Extreme Risk Protection Order statute (RIGL 8-8.3) provides a separate mechanism for temporary firearms removal. Persons subject to either type of order are prohibited from possessing firearms for the duration of the order.

Other Federal Prohibitions

Several additional federal prohibitions apply in Rhode Island even without a specific state-law counterpart. These include fugitives from justice (18 U.S.C. 922(g)(2)), persons who have renounced U.S. citizenship (922(g)(7)), persons discharged from the Armed Forces under dishonorable conditions (922(g)(6)), and persons under indictment for a crime punishable by imprisonment exceeding one year, who are barred from shipping, transporting, or receiving firearms rather than from simple possession (922(n)). While Rhode Island does not independently codify all of these, they are enforced through the federal background check system (NICS) during any firearms purchase.

Restoration of Rights

Rhode Island law provides only narrow restoration pathways, and none of them applies to a crime-of-violence conviction. Rhode Island does not provide a standalone court petition to restore firearms rights after a crime-of-violence conviction. That disability is lifted only if the underlying conviction is expunged or pardoned. A person prohibited solely because of one of the misdemeanors enumerated in RIGL 11-47-5(a)(4) may file a motion in the district court to lift the prohibition under RIGL 11-47-5.5, generally five years after completing the sentence. The Relief from Disqualifiers Board under RIGL 11-47-63 hears only petitions arising from a mental-health adjudication of commitment, not criminal convictions, and RIGL 11-47-6 contains its own affidavit-based application process for mental-health and drug-addiction disqualifications. Federal restoration is separate and may require a presidential pardon or expungement of the underlying conviction.