Rhode Island General Laws Section 11-47-5(a)(3) and (a)(4)[1] prohibit firearms possession by individuals with qualifying domestic violence records. These provisions work alongside the federal Lautenberg Amendment[2] to create a comprehensive framework barring DV offenders from possessing firearms.
Who Is Prohibited
Under Section 11-47-5(a)(3), any person convicted of a felony offense of domestic violence under RIGL 12-29-5, or who has entered a plea of nolo contendere to such an offense, is prohibited from purchasing, owning, carrying, transporting, or having in their possession any firearm. Section 11-47-5(a)(4) extends this prohibition to persons convicted of specified domestic violence misdemeanors, including simple assault, cyberstalking or cyberharassment, violation of a protective order, and disorderly conduct involving force or the threat of force when the victim is a family or household member.
Mandatory Surrender Requirements
Section 11-47-5.3[3] requires any person who becomes subject to a firearms prohibition under a domestic violence conviction or protective order to surrender all firearms, ammunition, and permits to the local police department within 24 hours. The surrendering party must file proof of surrender or lawful transfer with the court. Failure to comply is a separate criminal offense.
Court-Ordered Surrender Process
Section 11-47-5.4[4] authorizes courts to order the immediate surrender of firearms during arraignment or sentencing. The court may issue a warrant to search for and seize firearms if there is probable cause to believe the respondent has failed to surrender. Law enforcement must provide a receipt for all surrendered items and store them securely. Firearms may be transferred to a licensed dealer or a qualified third party approved by the court, rather than the police department, at the respondent's request.
Penalties for Non-Compliance
A prohibited person who fails to surrender firearms within the required timeframe faces additional criminal charges. Possession of a firearm by a prohibited person under Section 11-47-5 carries imprisonment of not less than two years nor more than ten years. Non-compliance with a surrender order may also result in contempt of court proceedings.
RI Supreme Court Upholds Standard of Proof (January 2026)
In January 2026, the Rhode Island Supreme Court vacated a lower court ruling that would have elevated the standard of proof for protective orders involving firearm surrender from "preponderance of evidence" to "clear and convincing." The court held that the preponderance standard set by the 2017 Protect Rhode Island Families Act remains appropriate, calling firearm surrender a "temporary measure" to mitigate the "exponentially increased risk" firearms present in domestic violence situations. This ruling reinforces the existing surrender framework described above.
See also: Domestic Violence and Firearms: Surrender Process Guide