How to Restore Your Firearms Rights After Disqualification

Losing your firearms rights in Rhode Island does not necessarily mean a permanent prohibition. The state provides a statutory mechanism for certain disqualified persons to apply for restoration of their right to possess firearms. However, the process is limited in scope and does not apply to all categories of disqualification. Understanding whether you are eligible — and what restoration actually accomplishes — is essential before investing time in an application.

The Relief from Disqualifiers Program

RIGL 11-47-63^[1] establishes a process through which certain persons who have been convicted of disqualifying offenses may petition the Relief from Disqualifiers Board for relief from firearms disabilities. The Board is a five-member body established by statute to evaluate these petitions. The statute was enacted to provide a structured, supervised pathway for rehabilitation rather than leaving disqualified persons with no avenue for restoration. Appeals from Board decisions are taken to the Superior Court on a de novo basis.

Who Is Eligible

Eligibility under RIGL 11-47-63 is limited to persons convicted of misdemeanor offenses that carry a maximum sentence of one year or more of imprisonment. This includes a range of non-violent and minor offenses that trigger firearms disqualification under both state and federal law. Felony convictions are generally not eligible for relief through this program. Instead, persons with felony convictions must pursue other avenues such as a gubernatorial pardon or expungement of the conviction, where available under Rhode Island law^[2].

Application Process

The petition is submitted to the Relief from Disqualifiers Board. The Attorney General's office receives notice and may oppose the petition.^[3]. The process involves the following steps:

• Written petition: The applicant must submit a formal written petition explaining the disqualifying offense, the circumstances surrounding it, and the reasons the applicant believes restoration is appropriate.
• Documentation: The petition must be accompanied by certified court records of the disqualifying conviction, proof of completion of any court-imposed sentence (including probation, fines, and restitution), and character references.
• Background investigation: The AG's office conducts a comprehensive background investigation, including a review of the applicant's criminal history, employment record, and community standing since the conviction.
• Hearing: The AG may schedule a hearing to evaluate the petition. The applicant may be asked to appear and provide testimony.
• Decision: The Board issues a written decision granting or denying the petition. Appeals from Board decisions are taken to the Superior Court on a de novo basis.

Waiting Periods

The statute does not specify a fixed waiting period between the completion of the sentence and eligibility to apply. However, in practice, the AG's office generally expects a meaningful period of law-abiding conduct following completion of the full sentence, including any probation or parole. Applicants who apply immediately upon completing their sentence are less likely to succeed than those who demonstrate a sustained period of rehabilitation. A waiting period of at least five years after completion of all sentence requirements is a common benchmark referenced in AG guidance, though this is not codified.

Factors the Board Considers

The Board evaluates each petition on its merits under RIGL 11-47-63. The Attorney General may oppose the petition, but the decision rests with the Board. Factors that weigh in the applicant's favor include:

• The nature and circumstances of the disqualifying offense (non-violent offenses are viewed more favorably)
• The length of time since the conviction and sentence completion
• The applicant's criminal record since the disqualifying offense (a clean record is essential)
• Evidence of rehabilitation, including employment stability, community involvement, and character references
• The applicant's stated purpose for seeking restoration of firearms rights
• Any input from victims of the original offense, if applicable

Federal vs. State Relief

This is a critical distinction that many applicants misunderstand. Restoration of firearms rights under RIGL 11-47-63 removes the state-level firearms disability. However, it does not automatically remove a federal firearms disability under 18 U.S.C. 922(g)^[4]. Whether state-level restoration also satisfies the federal requirement depends on the nature of the underlying conviction and the scope of the state relief granted. Under federal precedent, a state restoration of rights may remove the federal disability if the restoration does not impose firearms restrictions (such as prohibiting possession of certain types of firearms). Applicants should consult with an attorney to determine whether their state-level restoration will also be recognized under federal law.

Domestic Violence Misdemeanor Convictions

Persons convicted of a misdemeanor crime of domestic violence face a separate federal prohibition under 18 U.S.C. 922(g)(9), commonly known as the Lautenberg Amendment^[5]. This federal prohibition cannot be removed through a state relief program. The only avenues for removal of the federal DV misdemeanor disability are expungement of the conviction, a pardon, or a set-aside of the conviction that explicitly restores firearms rights. Rhode Island's Relief from Disqualifiers Program under RIGL 11-47-63 does not satisfy the federal standard for DV misdemeanor convictions. Applicants in this category should be aware that even if they obtain state-level relief, they may remain federally prohibited.

Mental Health Restoration

Persons who have been involuntarily committed to a mental health facility or adjudicated as mentally incompetent are prohibited from possessing firearms under both state law (RIGL 11-47-6) and federal law (18 U.S.C. 922(g)(4)). Rhode Island provides a separate pathway for mental health restoration through the courts. A person who has been adjudicated mentally incompetent may petition the court that issued the original adjudication for a determination that they are no longer disqualified^[6]. This requires medical evidence demonstrating that the petitioner no longer suffers from the condition that led to the adjudication. If the court grants the petition, both the state and federal disabilities may be removed, provided the court order is reported to the NICS database.

Practical Recommendations

Before beginning the application process, consult with an attorney experienced in firearms law. Obtain certified copies of all relevant court records. Gather character references from employers, community leaders, or other credible individuals. Be prepared for the process to take several months. If denied, do not give up — address the AG's stated reasons for denial, allow additional time to pass, and reapply with a stronger record of rehabilitation.