Domestic Violence and Firearms:
Prohibition and Surrender

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], which makes it unlawful for any person who has been convicted in any court of a misdemeanor crime of domestic violence to possess any firearm or ammunition in or affecting commerce.

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 who pleaded nolo contendere to or were convicted of simple assault, cyberstalking and cyberharassment, violation of a protective order, or disorderly conduct, each as a domestic violence misdemeanor under RIGL 12-29-5, where the disorderly conduct offense involved the use or attempted use of force or the threatened use of a dangerous weapon. Under Section 11-47-5(a)(5), these prohibitions apply unless and until the person's matter has been expunged, or upon the completion of the sentence of a one-year filing, or the end of a one-year probationary period that no longer constitutes a conviction under RIGL 12-18-3.

Mandatory Surrender Requirements

Section 11-47-5.3^[3] applies to a person who pleads nolo contendere to or is convicted of a domestic violence offense under RIGL 12-29-2 that is punishable as a felony. The court must order the defendant to surrender all firearms, and surrender must be made within 24 hours to a law enforcement agency or to a federally licensed firearms dealer. Within 48 hours after being served with the order, the defendant must either file a copy of proof of surrender with the court and attest that all firearms have been surrendered and that the defendant currently owns no firearms, or attest that the defendant owned no firearms at the time of the plea or conviction and currently owns none. The section governs firearms only, it does not itself extend to ammunition or permits, and surrender tied to protective orders arises under separate provisions rather than Section 11-47-5.3. The section's stand-alone criminal offense applies to a transferee who knowingly transfers or returns a firearm to the defendant, a felony punishable by imprisonment of not less than one year and not more than five years, a fine of not more than $1,000, or both.

Court-Ordered Surrender Process

Section 11-47-5.4^[4] ties the surrender order to the outcome of the case rather than to arraignment. When a domestic violence charge results in a plea of nolo contendere with a filing or probation, or in a conviction, the court must order the defendant to surrender all firearms, and surrender must be made within 24 hours to the Rhode Island State Police, local law enforcement, or a licensed gun dealer. Section 11-47-5.4 provides no warrant procedure of its own for a person who fails to surrender. A law enforcement agency or licensed dealer taking possession of a firearm must issue a proof of surrender to the person surrendering it, and law enforcement agencies must observe due care in the receipt and storage of surrendered firearms. Firearms may be surrendered to a licensed gun dealer instead of a law enforcement agency at the time of surrender (RIGL 11-47-5.4(a)(1)).

Penalties for Non-Compliance

A prohibited person who keeps a firearm after the deadline is in possession in violation of Section 11-47-5. 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.

RI Supreme Court Upholds Standard of Proof (January 2026)

In January 2026, the Rhode Island Supreme Court held that the Superior Court erred by applying a clear and convincing evidence standard, rather than a preponderance of the evidence standard, in a protective order case in which the order required the defendant to surrender his firearms. The court held that the preponderance of the evidence standard applies, vacated the Superior Court judgment and remanded for a new hearing under that standard (No. 2024-269-Appeal, January 15, 2026).

See also: Domestic Violence and Firearms: Surrender Process Guide