Private Sales and Background Check Requirements

Rhode Island treats private sales of handguns and long guns differently. Under RIGL 11-47-35^[1], all transfers of pistols and revolvers, including private sales between individuals, must go through a background check process administered by the local police department or the Rhode Island State Police. This requirement has been in effect for decades and predates the federal NICS system.

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 police department in the city or town where the buyer resides. The police then conduct a background check. The 7-day waiting period under RIGL 11-47-35^[2] applies to these transactions just as it does to dealer sales. The buyer must also present a Blue Card or LCCW. Failure to conduct the required background check is a criminal offense.

Long Gun Private Sales

Rhode Island requires background checks on all private sales of rifles and shotguns. 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 seller must complete a triplicate application form. One copy goes to the local chief of police or the superintendent of state police for a background check. The 7-day waiting period applies. The seller may not deliver the firearm until the waiting period has elapsed and the background check has cleared.

Practical Considerations

Rhode Island does not distinguish between private sales and FFL transactions for purposes of the background check requirement. Both § 11-47-35 (handguns) and § 11-47-35.2 (rifles/shotguns) apply the same application and waiting period process to all sellers. FFLs may assist private parties with the paperwork and typically charge a fee of $20 to $50 for transfer services, though private sellers are independently obligated to complete the background check process regardless of whether an FFL is involved.