How to Restore Your Firearms Rights After Disqualification

Waiting Periods

RIGL 11-47-63 does not impose a waiting period before a petition may be filed. Under RIGL 40.1-5-8(l)(2), a person affected by that section has the right to appear before the Relief from Disqualifiers Board after three years have passed from the date the civil certification is terminated. Once a petition is filed, the statute requires the Board to conduct the hearing within 30 days. The separate restoration route under RIGL 11-47-6, described below, does carry a waiting period of five years from the date the person is pronounced cured by competent medical authority.

Factors the Board Considers

The Board evaluates each petition under the criteria listed in RIGL 11-47-63(c). The statute directs the Board to consider evidence regarding:

• The circumstances of the firearms disqualifier under 18 U.S.C. 922(d)(4) and 18 U.S.C. 922(g)(4)
• The petitioner's record, which must include at a minimum the petitioner's mental-health record and the certificate of a medical doctor or psychiatrist licensed in Rhode Island
• All records pertaining to the petitioner's criminal history
• Evidence of the petitioner's reputation through character witness statements, testimony, or other character evidence

After the hearing, the Board must grant relief if it finds by a preponderance of the evidence that the petitioner is not likely to act in a manner dangerous to public safety and that granting relief will not be contrary to the public interest (RIGL 11-47-63(e)). The Board issues its decision in writing.

Federal vs. State Relief

For the mental-health commitment disqualifier, the Rhode Island program is designed to lift both the state and the federal prohibitions. When the Board grants relief, RIGL 11-47-63(h) directs the district court to update, correct, modify, or remove the petitioner's record in any database made available to the National Instant Criminal Background Check System (NICS) and to notify the Attorney General of the United States that the petitioner is no longer subject to the prohibitions of 18 U.S.C. 922(d)(4) and 922(g)(4)^[4]. Relief from the Board reaches only the commitment-based disqualifier. Board relief does not remove a separate state or federal firearms prohibition based on a criminal conviction or another ground. Applicants with more than one potential disqualifier should consult an attorney before relying on Board relief.

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)^[5]. State relief removes this federal prohibition only if it meets the applicable conditions in 18 U.S.C. 921(a)(33)(B) or (C). Under 18 U.S.C. 921(a)(33)(B), the federal domestic violence misdemeanor disability ends when the conviction is expunged or set aside, or the person is pardoned or has civil rights restored in a jurisdiction that provides for loss of civil rights for that offense, unless the pardon, expungement, or restoration of civil rights expressly bars shipping, transporting, possessing, or receiving firearms. 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 under guardianship, treatment or confinement as mental incompetents are prohibited from possessing firearms under state law (RIGL 11-47-6), and persons adjudicated as a mental defective or committed to a mental institution are prohibited under federal law (18 U.S.C. 922(g)(4)). Rhode Island law provides two distinct mental-health pathways. First, under RIGL 11-47-6, a person affected by that section, other than a person pronounced criminally insane, may apply to purchase firearms after five years have passed from the date of being pronounced cured by competent medical authority. The application must be supported by an affidavit issued by competent medical authority stating that the person is mentally stable and a proper person to possess firearms^[6]. In executing the application, the applicant waives confidentiality over pertinent medical records so the reviewing authorities can evaluate the application. This route is an application to purchase, not a court petition. Second, a person disqualified by an adjudication of commitment may petition the Relief from Disqualifiers Board under RIGL 11-47-63, described above. For persons subject to civil court certification, the right to appear before the Board arises three years after that certification is terminated. When the Board grants relief, the district court updates the NICS record so that the federal disability under 18 U.S.C. 922(g)(4) no longer applies.

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. If denied, review the Board's written statement of reasons and consider seeking de novo judicial review of the denial in the Superior Court, a right the statute expressly provides.