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^[4] addresses explosives and destructive devices.

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 the exception referenced in § 11-47-8(a). 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. The statute itself does not restrict the categories of permissible buyers, so any sales limits come from the Attorney General's regulations and from federal law. The licensing requirement operates alongside federal registration requirements under the National Firearms Act (NFA), meaning that any lawful machine gun in Rhode Island must satisfy both state licensing and federal NFA registration.

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. Unlike many states that permit civilian silencer ownership under the NFA, Rhode Island maintains a categorical ban. 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.