Machine Guns and Destructive Devices

Rhode Island regulates machine guns, silencers, and destructive devices through several statutes. Section 11-47-8(a)^[1] provides the primary prohibition: "No person shall manufacture, sell, purchase, or possess a machine gun except as otherwise provided in this chapter." Section 11-47-19^[2] provides the manufacturer licensing framework, and Section 11-47-20^[3] prohibits silencers. Section 11-47-21 addresses bombs, explosive substances, and noxious liquids, gases or substances^[4].

Machine Gun Prohibition: § 11-47-8(a)

The primary machine gun prohibition is found in Section 11-47-8(a), which states that no person shall manufacture, sell, purchase, or possess a machine gun except as otherwise provided in Chapter 11-47. This is the statute that criminalizes civilian possession of machine guns in Rhode Island.

Machine Gun Manufacturer Licensing: § 11-47-19

Section 11-47-19 provides one exception, allowing the Attorney General to license a person engaged in manufacturing in Rhode Island to manufacture and sell machine guns and machine gun parts. It establishes a manufacturer license issued by the Rhode Island Attorney General. A licensed manufacturer may manufacture and sell machine guns and any or all machine gun parts under any regulations the Attorney General may prescribe. Section 11-47-19 does not name categories of permissible buyers and authorizes the license under any regulations the Attorney General may prescribe. The state license is for a manufacturer in Rhode Island, and federal law separately requires registration of machine guns under the National Firearms Act.

Silencer Prohibition: § 11-47-20

Section 11-47-20 prohibits the manufacture, sale, purchase, and possession of silencers, mufflers, and any device designed to deaden or muffle the sound of a firearm. The penalty is imprisonment of not less than one year and one day. RIGL 11-47-20 makes it unlawful to manufacture, sell, purchase or possess any muffler, silencer or device for deadening or muffling the sound of a firearm, with an exception for law enforcement tactical teams. This means that even individuals who hold a valid federal tax stamp under the National Firearms Act may not possess a silencer within Rhode Island's borders. Rhode Island does not recognize the federal NFA process for silencer ownership. The silencer prohibition applies to all persons, with one narrow exception for law enforcement officers using the devices within the scope of their official duties, as tactical teams and under the direct supervision of the police chief, the colonel of the state police, or their designee.

Destructive Devices: § 11-47-21

Section 11-47-21 addresses explosives and noxious substances, including bombs, explosive substances, noxious liquids, and gases. This statute does not address machine guns or firearms. It prohibits possessing or carrying a bomb or bombshell except for blasting or other commercial use, and it prohibits possessing or carrying any explosive substance or noxious liquid, gas, or substance with intent to use it unlawfully against the person or property of another. Members of the state police, the division of sheriffs, city or town police, and members of the armed forces, National Guard, or organized reserves when on duty are excepted. Violations are punished under § 11-47-26.

Penalties

Possession of a machine gun in violation of § 11-47-8(a) is punishable by imprisonment for not less than one nor more than ten years, a fine of up to $10,000, or both. Unlawful possession of a bomb or bombshell under § 11-47-21 is punished under the chapter's general penalty provision, § 11-47-26, which authorizes imprisonment for up to five years, a fine of up to $1,000, or both. Silencer violations under § 11-47-20 carry imprisonment of not less than one year and one day. These offenses carry felony-level prison terms, and under § 11-47-22 any firearm unlawfully possessed, carried, or used is forfeited to the state. Federal prosecution under the NFA may run concurrently with state charges. Machine guns and destructive devices remain subject to all NFA provisions. Since October 9, 2026, ATF does not enforce NFA registration or prior approval to make or transfer silencers, which leaves the Rhode Island silencer offense under § 11-47-20 unchanged.^[6]