Carrying While Intoxicated (RIGL 11-47-52)

RIGL 11-47-52 establishes a straightforward prohibition: no person shall carry a firearm while under the influence of intoxicating liquor or narcotic drugs.^[1] This prohibition applies universally. It makes no distinction between licensed and unlicensed carriers, between concealed and open carry, or between handguns and long guns. Holding a valid LCCW does not exempt a person from this restriction.

What Constitutes "Under the Influence"

Unlike Rhode Island's DUI statutes, which establish a per se blood alcohol concentration (BAC) of 0.08%, RIGL 11-47-52 does not define a specific BAC threshold for firearms carry. The standard is the general "under the influence" test, meaning that the person's consumption of alcohol or drugs has impaired their faculties to a degree that would affect their ability to safely handle a firearm. This subjective standard gives law enforcement and prosecutors discretion in evaluating whether a particular level of impairment meets the statutory threshold. The absence of a bright-line BAC limit means that even a person below 0.08% BAC could be charged if their behavior or condition indicates impairment.

Covered Substances

The statute covers both intoxicating liquor and narcotic drugs. "Narcotic drugs" is interpreted broadly to include controlled substances, prescription medications that cause impairment, and illegal drugs. A person who is taking lawfully prescribed medication that impairs their coordination, judgment, or reaction time could fall within the scope of this prohibition. This is particularly relevant for persons prescribed opioid pain medication or benzodiazepines, which can significantly impair motor function and judgment.

Penalties and Prosecution

Violation of RIGL 11-47-52 is a felony. Under the general penalty provision of RIGL 11-47-26, a violation is punishable by imprisonment of up to 5 years and/or a fine of up to $1,000. Because the maximum sentence exceeds one year, the offense is a felony under RIGL 11-1-2. Prosecution for offenses under Sections 11-47-49 through 11-47-52 is subject to a 30-day limitation period established by RIGL 11-47-53. This unusually short window — 30 days from the date of the offense — significantly limits the practical enforceability of this provision and distinguishes it from the standard statute of limitations applicable to most misdemeanor and felony charges.^[2] A conviction could also affect the person's LCCW status, as the licensing authority may consider whether a criminal conviction renders the permit holder no longer a "suitable person" under the licensing standards.

Practical Guidance

LCCW holders should treat the prohibition seriously. The safest practice is to avoid carrying a firearm entirely when consuming any amount of alcohol or any impairing substance. Because the statute does not establish a per se limit, there is no "safe" amount of alcohol that guarantees compliance. If a permit holder plans to consume alcohol at a social event or restaurant, the firearm should be secured at home or in a vehicle in a locked container before consumption begins. Carrying a firearm into an establishment where alcohol is served is not itself prohibited (Rhode Island does not have a "bars and restaurants" ban), but consuming alcohol while armed creates criminal liability under this section.^[1]