Prohibited Persons:
Who Cannot Own Firearms in Rhode Island

Rhode Island law bars specific categories of persons from purchasing, possessing, carrying, or transporting firearms. These state prohibitions operate alongside federal law. 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, first- and second-degree arson, assault with a dangerous weapon, and other listed offenses, or an attempt to commit any of them. Under RIGL 12-18-3(c), for a person applying to purchase a firearm or to carry a concealable weapon, a plea of nolo contendere to a crime of violence followed by probation is deemed a conviction.

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. Under 18 U.S.C. 921(a)(20), that term does not include federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or similar business-regulation offenses, or a state offense classified by the state as a misdemeanor and punishable by imprisonment of two years or less.

Domestic Violence Misdemeanors

RIGL 11-47-5(a)(3) and (a)(4) prohibit firearms possession by persons who have, in this state or elsewhere, entered a plea of nolo contendere to or been convicted of an offense punishable as a felony under RIGL 12-29-5, and by persons who have entered a plea of nolo contendere to or been convicted of the four misdemeanors enumerated in Section 11-47-5(a)(4) when punishable as a misdemeanor 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 provides that 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^[4]. 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's own counterpart is narrower. RIGL 11-47-6 bars possession by a person who has been adjudicated or is under treatment or confinement as a drug addict, while the federal prohibition reaches any person who is an unlawful user of or addicted to any controlled substance. Under 27 CFR 478.11 the term controlled substance includes marijuana, so the federal prohibition reaches an unlawful user of marijuana regardless of Rhode Island's state-level legalization. Under 27 CFR 478.11, a person who regularly uses a controlled substance over an extended period continuing into the present, without a lawful prescription or in a manner substantially different from that prescribed, is an unlawful user and is federally prohibited from possessing firearms, while isolated or sporadic use is not unlawful use. Holding a Rhode Island medical marijuana card is not by itself the trigger for the federal possession prohibition. Regular marijuana use over an extended period continuing into the present can trigger that prohibition, while isolated or sporadic use does not qualify as unlawful use under 27 CFR 478.11. On June 18, 2026, in United States v. Hemani, No. 24-1234, the Supreme Court held that the government's prosecution of Mr. Hemani under the unlawful user provision of 18 U.S.C. 922(g)(3), which relied solely on his admitted use of marijuana, is inconsistent with the Second Amendment. The Court described its decision as narrow and did not address whether the government could bring a prosecution under 922(g)(3) accompanied by individualized proof that the defendant's drug use renders him a danger to himself or others. ATF Form 4473 requires the transferee to certify that the transferee is not prohibited from receiving or possessing a firearm (27 CFR 478.124(c)(1)).

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 a juvenile under 18 from knowingly possessing a handgun or ammunition suitable for use only in a handgun, with exceptions that include possession in the course of employment, ranching or farming, target practice, hunting, or a course of instruction in the safe and lawful use of a handgun, generally with the prior written consent of a parent or guardian. The federal dealer purchase-age minimums, 18 for shotguns and rifles and 21 for other firearms, are set separately by 18 U.S.C. 922(b)(1). Under RIGL 11-47-37, no person shall sell a firearm to any person under the age of 21, and RIGL 11-47-37.1 exempts full-time members of the state police, the state marshal's office and city or town police departments, state marshals, correctional officers, and persons serving on active duty in the armed forces, organized reserves or National Guard.

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 a child of the intimate partner or of the person, or from engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child. To qualify, the order must have been issued after a hearing of which the person received actual notice and at which the person had an opportunity to participate, 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 against the intimate partner or child that would reasonably be expected to cause bodily injury. Not every restraining order meets these requirements. Rhode Island's domestic abuse chapter, RIGL 8-8.1, lets a protective order direct the defendant to surrender physical possession of all firearms in his or her possession, care, custody or control^[6]. Where a protective order under 8-8.1 directs surrender, the defendant must surrender the firearms within 24 hours of notice of the order to the state police, a local police department or a federally licensed firearms dealer. Additionally, Rhode Island's Extreme Risk Protection Order statute (RIGL 8-8.3) provides a separate mechanism for temporary firearms removal. RIGL 11-47-5(b) bars a person subject to an order issued under chapter 15 of title 15, chapter 8.1 of title 8, or an equivalent order in this state or elsewhere, issued after notice of the proceedings and an opportunity to be heard, from purchasing, carrying, transporting or possessing any firearm while the order is in effect, and an extreme risk protection order enjoins the respondent from possessing, purchasing or receiving firearms while it is in effect.

Other Federal Prohibitions

Several additional federal prohibitions apply in Rhode Island even without a specific state-law counterpart. These include persons who have renounced U.S. citizenship (18 U.S.C. 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, a federally licensed dealer must contact the national instant criminal background check system before transferring a firearm to an unlicensed person (18 U.S.C. 922(t)(1)).

Restoration of Rights

The court relief in RIGL 11-47-5.5 is available only when a person is prohibited solely because of one of the domestic violence misdemeanors listed in RIGL 11-47-5(a)(4). A person prohibited because of a crime-of-violence conviction is ineligible for that court relief. Under RIGL 11-47-5(a)(5), the prohibitions for the offenses in subsections (a)(3) and (a)(4) apply unless and until the 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 RIGL 12-18-3. A person prohibited solely because of a plea of nolo contendere to or a conviction of one of the offenses 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 after five years from the date of the completion of his or her sentence, unless during that five-year period the person enters a plea of nolo contendere to or is convicted of any new offense enumerated in RIGL 11-47-5(a)(4). The Relief from Disqualifiers Board under RIGL 11-47-63 considers petitions for relief from a firearms prohibition due to an adjudication of commitment in Rhode Island, not criminal convictions. RIGL 11-47-6 contains its own affidavit-based application process for mental incompetents and drug addicts. A person affected by that section, other than a person who has been pronounced criminally insane by competent medical authority, may make application for the purchase of firearms after the lapse of five years from the date of being pronounced cured by competent medical authority, upon presentation of an affidavit issued by competent medical authority. Federal restoration is separate. Under 18 U.S.C. 921(a)(20), a conviction that has been expunged or set aside, or for which the person has been pardoned or has had civil rights restored, is not considered a conviction for purposes of chapter 44 of title 18 unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

Penalties for Unlawful Possession

A person who possesses a firearm in violation of RIGL 11-47-5 is guilty of a felony punishable by imprisonment for not less than 2 years and not more than 10 years^[1]. The punishment under RIGL 11-47-5(d) is imprisonment for not less than two nor more than ten years. The person shall not be afforded the benefit of suspension or deferment of sentence nor of probation.