Private Sales and Background Check Requirements

Rhode Island treats private sales of handguns and long guns differently. Under RIGL 11-47-35, a transfer of a pistol or revolver, including a private sale, goes through an application and a background check by the chief of police of the buyer's city or town, or by the Rhode Island State Police if the buyer resides in Exeter or out of state, and 11-47-35.1 exempts persons licensed under 11-47-11^[1]. Section 11-47-35 traces to P.L. 1929, ch. 1421.

Handgun Private Sales

When a private individual sells a handgun in Rhode Island, the seller and buyer must complete a sale application that is submitted to the chief of police in the city or town where the buyer resides, or to the superintendent of the Rhode Island State Police if the buyer resides in the town of Exeter or out of state. The police authority then conducts a background check to determine whether the buyer is disqualified under RIGL 11-47-5, 11-47-6, 11-47-7, or 11-47-23. The 7-day delivery delay under RIGL 11-47-35^[2], measured from 12:00 noon of the day following the day of application, applies to these transactions just as it does to dealer sales. The buyer must also present the DEM pistol/revolver safety certificate, or proof of passing the DEM basic hunter safety course, unless licensed under 11-47-11. A seller who delivers a pistol or revolver before the seven days have elapsed violates 11-47-35, and unless otherwise specified a violation of the chapter is punishable under 11-47-26 by a fine of not more than $1,000, imprisonment for not more than five years, or both.

Long Gun Private Sales

Rhode Island requires the application and police background check for private sales of rifles and shotguns, except the sales and buyers exempted by 11-47-35.2. RIGL 11-47-35.2^[2] uses the language "No person shall deliver," not "no dealer shall deliver." This means the background check requirement applies to all sellers, not just federally licensed dealers. In any private sale of a rifle or shotgun, the buyer completes and signs the application form in triplicate and delivers it to the seller, who signs it and forwards the copies. The original and duplicate copies go to the chief of police in the city or town where the buyer resides, or to the superintendent of the state police if the buyer resides in the town of Exeter or out of state, for a background check. The same 7-day delivery delay applies, measured from 12:00 noon of the day following the day of application. The seller may not deliver the rifle or shotgun until the seven days have elapsed with no disqualifying information received, and when delivered it must be unloaded and securely wrapped. The requirements do not apply to sales of air rifles, BB guns, or antique firearms, or to buyers exempt under RIGL 11-47-35.2(c), including persons licensed under RIGL 11-47-9 and 11-47-11.

Practical Considerations

Rhode Island applies the same application, background check, and delivery-delay process to private sales and dealer sales alike. Both § 11-47-35 (handguns) and § 11-47-35.2 (rifles/shotguns) place the duty on the person selling the firearm, whoever that is. The statutes carve out limited exceptions: bona fide wholesale sales to duly licensed retail dealers, purchases by retail dealers licensed under § 11-47-39, and sales to exempt buyers such as police officers and persons licensed under § 11-47-11 (and, for rifles and shotguns, § 11-47-9). For a sale subject to these requirements, the seller must forward the purchase application to the appropriate police authority, which conducts the background check.