Understanding Rhode Island Firearms Penalties

Carrying Without a Permit (RIGL 11-47-8)

Under RIGL 11-47-8(a), carrying a pistol or revolver in a vehicle or on or about the person, visible or concealed, without a license or permit issued under sections 11-47-11, 11-47-12 or 11-47-18 is a criminal offense, outside the exceptions the section lists^[1]. A first offense is punishable by imprisonment of not less than one year nor more than ten years, or a fine of up to $10,000, or both. For a second or subsequent offense under 11-47-8(a), there is no separate mandatory minimum sentence. The statute does not increase the penalty floor beyond the first-offense one-year minimum. However, except for a first conviction under this section, a person shall not be afforded suspension or deferment of sentence, nor probation. Do not confuse this with the two-year mandatory minimum under RIGL 11-47-5 (felon-in-possession), which is a distinct offense. Note that having a loaded rifle or loaded shotgun in one's possession while upon or along any public highway, road, lane, or trail is a separate offense under RIGL 11-47-51^[9], with exceptions for listed officers and for persons legally engaged in hunting, punishable by imprisonment of not more than five years, or a fine of up to $5,000, or both.

Felon in Possession (RIGL 11-47-5)

RIGL 11-47-5^[2] prohibits any person convicted in this state or elsewhere of a crime of violence from purchasing, owning, carrying, transporting, or possessing a firearm. A violation is a felony punishable by imprisonment of not less than two years nor more than ten years. The two-year minimum is a mandatory sentence. The court may not suspend it, defer it, or place the offender on probation in lieu of serving the minimum term. Possession may also violate 18 U.S.C. 922(g)(1) when the person has a qualifying conviction for a crime punishable by imprisonment for more than one year and the firearm possession is in or affecting commerce.

Mandatory Minimums (RIGL 11-47-3.2)

RIGL 11-47-3.2^[3] imposes enhanced mandatory sentences when a firearm is used while committing or attempting to commit a crime of violence. Any person who uses a firearm while committing a crime of violence is subject to a mandatory consecutive sentence of ten years imprisonment for a first offense, or thirty years if the violation was committed by use of a machine gun. Committing or attempting to commit a crime of violence while armed with or having available a firearm is a distinct offense under RIGL 11-47-3 with its own three-to-ten-year first-offense range. The sentence under RIGL 11-47-3.2 must be served consecutively, that is, in addition to any sentence imposed for the underlying crime, not concurrently. The sentence under RIGL 11-47-3.2(a) runs consecutively to the sentence for the underlying crime, and the person is not afforded deferment of sentence or parole. However, unless sentenced to life without the possibility of parole, a person sentenced to life under RIGL 11-47-3.2(a) may be granted parole.

Sentencing Enhancements

Beyond the mandatory sentences in RIGL 11-47-3.2, Rhode Island law sets separate penalties for firearm offenses in several contexts.

• Drug offenses: Under RIGL 11-47-8(c), possessing a firearm while delivering, possessing with intent to deliver, or manufacturing a controlled substance is a separate felony carrying imprisonment of two to twenty years, served consecutively to any sentence for the underlying drug offense.
• Stolen firearms: Possession of a stolen firearm, knowing it to be stolen, under RIGL 11-47-5.2 is punishable by imprisonment of not less than three years nor more than fifteen years^[4].
• Altered serial numbers: Knowingly possessing, absent recertification paperwork, a firearm whose maker's name or manufacturer's serial number has been removed, altered, or obliterated is prohibited under RIGL 11-47-24 and is a felony punishable by up to five years imprisonment.
• School grounds: Possession of a firearm on the grounds of a public or private elementary or secondary school, outside the exceptions the section lists, is punishable under RIGL 11-47-60 by imprisonment of not less than one year nor more than five years, or a fine of not less than $500 nor more than $5,000^[5].

Safe Storage Violations

RIGL 11-47-60.1, as amended by P.L. 2024, ch. 107 and ch. 108 effective June 13, 2024, sets tiered penalties for unsafe storage of a firearm^[6]. A first offense of unsafe storage is a civil infraction punishable by a fine of not more than $250. A second offense is a civil infraction punishable by a fine of not more than $1,000. A third or subsequent offense is punishable on conviction by imprisonment for no more than six months, a fine of not more than $500, or both, which RIGL 11-1-2 classes as a petty misdemeanor. These standalone storage penalties are separate from and in addition to the criminal storage charges that apply if a person stores or leaves a firearm on premises under their control, knows or reasonably should know that a child or a prohibited person is likely to gain access to it, and the child or prohibited person obtains access to the improperly stored firearm, with a more serious first-degree charge if the firearm is then used in the commission of a crime or to cause injury.

Assault Weapons Ban Violations (Effective July 1, 2026)

The assault weapons ban under RIGL Chapter 11-47.2 took effect on July 1, 2026^[7]. Manufacturing, selling, purchasing, or transferring a prohibited firearm within Rhode Island is a felony. The penalty is imprisonment of not more than ten years, or a fine of up to $10,000, and the prohibited firearm is subject to forfeiture. The prohibited firearm is subject to forfeiture. RIGL 11-47.2-2(a) does not prohibit possessing a prohibited firearm. It prohibits manufacturing, selling, offering to sell, transferring or purchasing one, with limited exceptions including a sale or transfer by a person who lawfully possesses one to a federally licensed dealer or to an individual outside the state who may lawfully possess it.

Large Capacity Magazine Violations

Under RIGL 11-47.1-3, possession of a large capacity feeding device by any person other than a federally licensed firearm dealer, except as otherwise authorized under the chapter, is punishable by imprisonment of not more than five years or a fine of up to $5,000, and the device is subject to forfeiture. Manufacturing, selling, offering to sell, transferring, purchasing or possessing a large capacity feeding device carries the same penalty under RIGL 11-47.1-3(a)^[8].

Practical Implications

The consequences of a firearms conviction extend well beyond the immediate sentence. A crime-of-violence conviction disqualifies the person under RIGL 11-47-5(a)(1). The exception in RIGL 11-47-5(a)(5) for a matter that has been expunged, a completed one-year filing, or a completed one-year probationary period applies only to the offenses in subsections (a)(3) and (a)(4). Under 18 U.S.C. 921(a)(20), a conviction that has been expunged or set aside, or for which the person has been pardoned or has had civil rights restored, is not a conviction for federal purposes unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. A felony conviction, meaning a crime punishable by more than one year, triggers the federal disability under 18 U.S.C. 922(g)(1), but a state offense classified as a misdemeanor and punishable by two years or less is excluded from that provision by 18 U.S.C. 921(a)(20)(B). A misdemeanor crime of domestic violence carries its own federal prohibition under 18 U.S.C. 922(g)(9). Under 8 U.S.C. 1227(a)(2)(C), a non-citizen who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying a firearm in violation of any law is deportable.

Section 11-47-3: Crime of Violence with a Firearm

Section 11-47-3^[12] establishes mandatory minimum sentences for the armed offense itself. A person who commits or attempts a crime of violence while armed with or having a firearm available is sentenced under a tiered structure. A first conviction carries 3 to 10 years, a second conviction carries 10 to 20 years, and a third or subsequent conviction carries 15 years to life. For these penalties the person shall not be afforded suspension or deferment of sentence, nor probation, although Section 11-47-3 does not itself require the sentence to run consecutively to other sentences. Using a firearm while committing or attempting to commit a crime of violence is a separate offense under Section 11-47-3.2. That section imposes imprisonment for ten years for a first offense, twenty years for a second conviction, and life or life without the possibility of parole for a third or subsequent conviction. If the violation was committed by use of a machine gun, the term is thirty years for a first offense and life for a second. Each sentence is imposed consecutively to the sentence for the underlying crime, and the person is not afforded the benefits of deferment of sentence or parole, although a person sentenced to life under that section, unless sentenced to life without the possibility of parole, may be granted parole. Discharging the firearm triggers additional consecutive terms under Section 11-47-3.2(b) that range from 10 years where no one is injured to life where an on-duty police officer is injured or where the death or permanent incapacity of any person other than the person convicted results.

Ghost Gun: No Probation for Repeat Offenders

The ghost gun prohibition carries its own sentencing restriction. Manufacturing, selling, offering to sell, transferring, purchasing, possessing, or having under one's control a ghost gun, an undetectable firearm, or any firearm produced by a 3D printing process is punishable by imprisonment of not more than ten years, a fine of up to $10,000, or both, and except for a first conviction the person shall not be afforded suspension or deferment of sentence, probation, nor fine.^[13] These provisions do not apply to federally licensed manufacturers (Federal Firearm License Type 07). The ghost gun prohibition is in RIGL 11-47-8(e), whose amendment history runs through P.L. 2023, ch. 395, art. 2, § 3, effective June 27, 2023.

Interaction with Federal Sentencing

Rhode Island firearms offenders may face parallel federal prosecution under certain circumstances. Federal mandatory minimums under 18 U.S.C. Section 924(c)^[14] impose a consecutive 5-year minimum on a person who, during and in relation to a crime of violence or drug trafficking crime that may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of such a crime, possesses a firearm, 7 years if the firearm is brandished, and 10 years if it is discharged. A federal sentence under 18 U.S.C. 924(c) may not run concurrently with any other term of imprisonment, including one imposed for the underlying crime. Dual sovereignty allows prosecution in both systems for the same conduct.