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 persons who are subject to a firearms prohibition because of an adjudication of commitment in Rhode Island may petition the Relief from Disqualifiers Board for relief. The Board is a five-member body appointed by the governor, consisting of a licensed psychiatrist, a licensed psychologist, an active member of Rhode Island law enforcement, the director of the department of behavioral healthcare, developmental disabilities and hospitals or a designee, and the Attorney General or a designee. The program addresses only the mental-health disqualifiers of 18 U.S.C. 922(d)(4) and 922(g)(4) and RIGL 40.1-5-8. It does not provide relief from firearms prohibitions based on criminal convictions. 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 who are subject to the disqualifiers of 18 U.S.C. 922(d)(4) and 18 U.S.C. 922(g)(4) and/or RIGL 40.1-5-8 because of an adjudication of commitment under Rhode Island law. In practical terms, the Board hears petitions from persons barred from firearms because of a mental-health civil commitment in Rhode Island. Criminal convictions, whether misdemeanor or felony, are not within the Board's authority. Persons disqualified by a criminal conviction 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 filed with the Relief from Disqualifiers Board. The Attorney General or a designee sits on the Board as one of its five voting members.^[3]. The process involves the following steps:

• Written petition: The applicant must submit a formal written petition explaining the circumstances of the disqualifying adjudication of commitment and the reasons the applicant believes relief is appropriate.
• Documentation: The petition must include the petitioner's mental-health record, including a certificate from a medical doctor or psychiatrist licensed in Rhode Island certifying that the petitioner is no longer suffering from a mental disorder that interferes with or handicaps the petitioner from handling deadly weapons, along with records of the petitioner's criminal history and character-witness evidence (RIGL 11-47-63(c)).
• Board review: The Board considers the circumstances of the disqualifier, the petitioner's mental-health record, criminal history records, and character evidence, and it may require the petitioner to undergo a clinical evaluation and risk assessment (RIGL 11-47-63(c) and (d)).
• Hearing: The Board must hold a closed and confidential hearing on the record within 30 days of the filing of the petition. The petitioner has the opportunity to present evidence and testimony at the hearing (RIGL 11-47-63(b)).
• 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

RIGL 11-47-63 does not impose a waiting period before a petition may be filed. 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. A petitioner who is separately prohibited on another ground, such as a criminal conviction, remains prohibited under state and federal law notwithstanding Board relief. 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), 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 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. 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. Be prepared for the process to take several months. 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.