Felony Convictions and Firearms Prohibition

The most significant firearms prohibition in Rhode Island law is the ban on possession by persons convicted of a "crime of violence." RIGL 11-47-5(a)^[1] provides that no person who has been convicted of a crime of violence shall purchase, own, carry, transport, or possess any firearm. The prohibition applies regardless of the jurisdiction where the conviction occurred.

Definition of Crime of Violence

RIGL 11-47-2^[2] defines "crime of violence" to include a specific list of offenses: murder, manslaughter, first and second degree sexual assault, first and second degree child molestation, kidnapping, first and second degree arson, mayhem, robbery, burglary, breaking and entering, assault with a dangerous weapon, assault or battery involving grave bodily injury, and assault with intent to commit any offense punishable as a felony. The definition also includes certain controlled-substance felonies and any offense punishable as a felony under the domestic violence statute, RIGL 12-29-5. It does not include a blanket category for every felony involving a firearm.

Penalties for Unlawful Possession

A person who possesses a firearm in violation of RIGL 11-47-5 is guilty of a felony punishable by imprisonment for not less than 2 years and not more than 10 years^[1]. The 2-year mandatory minimum reflects the legislature's view that firearms possession by convicted violent offenders poses a serious public safety risk. Courts have no discretion to impose a lesser sentence.

Permanence of the Prohibition

The prohibition under RIGL 11-47-5 is permanent. It does not expire after a set number of years and is not automatically lifted upon completion of a sentence, probation, or parole. The Relief from Disqualifiers Program under RIGL 11-47-63 does not reach a crime-of-violence conviction: that program is limited to firearms disqualifiers arising from a mental-health adjudication or commitment under 18 U.S.C. 922(d)(4) and (g)(4), and a petition is filed with the Relief from Disqualifiers Board (with a right to de novo review in the Superior Court if denied). Restoring rights after a crime-of-violence felony generally requires expungement of the underlying conviction or relief that meets ATF criteria, rather than an 11-47-63 petition.

Federal Parallel

Federal law under 18 U.S.C. 922(g)(1) separately prohibits any person convicted of a crime punishable by imprisonment for more than one year from possessing firearms or ammunition. Because both state and federal prohibitions apply simultaneously, a Rhode Island resident with a qualifying conviction is barred under both systems. Restoration of rights under state law does not necessarily remove the federal prohibition unless the restoration also meets ATF criteria.