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 specified domestic violence misdemeanors, including assault, battery, vandalism, and violation of a protective order when the victim is a family or household member. 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. This includes persons involuntarily committed to a mental health facility and persons found not guilty by reason of insanity. The prohibition remains in effect until the person is no longer under treatment or confinement and has been adjudicated competent by a court. 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. Persons who hold a Rhode Island medical marijuana card or who use recreational marijuana are federally prohibited from possessing firearms, and 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 or use a handgun, except under the direct supervision of a parent, legal guardian, or certified firearms instructor. Long gun possession by minors is permitted with parental consent for lawful purposes such as hunting and target shooting. Federal law under 18 U.S.C. 922(x) sets a minimum age of 18 for handgun possession and 18 for long gun purchases from licensed dealers (21 for handgun purchases from licensed dealers).

Restraining Orders

Federal law under 18 U.S.C. 922(g)(8)^[3] prohibits firearms possession by any person subject to a qualifying domestic violence restraining order. 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 dishonorably discharged from the military (922(g)(6)), and persons under indictment for a crime punishable by imprisonment exceeding one year (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 does provide limited pathways for restoring firearms rights. Under RIGL 11-47-5.1, a person who has been convicted of a crime of violence may petition the court for relief from the firearms disability after a specified period. The court considers factors including the circumstances of the original offense, the person's record since the conviction, and whether restoring firearms rights would be contrary to the public interest. Federal restoration is separate and may require a presidential pardon or expungement of the underlying conviction.