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. Licensed manufacturers may produce machine guns for sale to law enforcement agencies, the military, and for export. 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 26 U.S.C. Section 5845 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 equally to all persons except law enforcement officers acting in their official capacity for tactical purposes.

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. Civilian possession of destructive devices is prohibited. The statute provides exceptions for authorized military personnel and law enforcement agencies.

Penalties

Unlicensed possession of a machine gun under § 11-47-8(a) or possession of a destructive device carries substantial imprisonment and fines. Silencer violations under § 11-47-20 carry imprisonment of not less than one year and one day. These offenses are treated as felonies and may result in the forfeiture of all firearms owned by the offender. Federal prosecution under the NFA may run concurrently with state charges.