Relief from Disqualifiers Program (RIGL 11-47-63)

Rhode Island provides a statutory mechanism for certain persons who have lost their firearms rights to petition for restoration. RIGL 11-47-63^[1] allows a person who is disqualified from possessing firearms under federal law (18 U.S.C. 922(d)(4) and 922(g)(4)) because of a Rhode Island mental-health adjudication or commitment to petition the Relief from Disqualifiers Board for relief from that disability.

Petition Process

The petitioner must file a petition with the Relief from Disqualifiers Board, a five-member body established under RIGL 11-47-63 to evaluate these applications. Appeals from Board decisions are taken to the Superior Court on a de novo basis. The petition must include a detailed account of the circumstances that led to the firearms prohibition, a statement of the petitioner's rehabilitation, and any supporting documentation such as certificates of completion for treatment programs, employment records, and character references^[1]. The Attorney General's office receives notice of the petition and may oppose it.

Standards for Relief

The court considers several factors in evaluating a petition, including the nature and severity of the original offense, the time elapsed since the conviction or adjudication, evidence of rehabilitation, the petitioner's criminal history (or lack thereof) since the disqualifying event, and whether granting relief would pose a risk to public safety^[2]. The board reviews petitions and supporting documentation to determine whether the petitioner's record and reputation indicate that they will not be likely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest.

Limitations

The relief program is not available to all prohibited persons. Certain convictions, particularly those involving the most serious crimes of violence, may be treated as permanent bars from which no state-level relief is possible. Additionally, even if the District Court grants relief under RIGL 11-47-63, the federal prohibition under 18 U.S.C. 922(g) remains in effect unless the restoration of rights meets the specific criteria established by federal courts and ATF guidance. Petitioners should consult with an attorney to understand whether state-level relief will also address the federal disability.

Practical Considerations

The petition process can take several months, and there is no guarantee of a favorable outcome. The Attorney General's office frequently participates in hearings, particularly in cases involving serious prior offenses. Successful petitioners typically demonstrate a sustained period of law-abiding behavior, stable employment, community involvement, and completion of any court-ordered treatment programs.