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 Board's review must address the circumstances of the disqualifying commitment and the petitioner's record, which must include, at a minimum, the petitioner's mental health record with a certificate from a medical doctor or psychiatrist licensed in Rhode Island certifying that the petitioner is no longer suffering from a mental disorder that interferes with or handicaps the person from handling deadly weapons. The Board also considers all records pertaining to the petitioner's criminal history and evidence of the petitioner's reputation through character witness statements, testimony, or other character evidence, and it may require the petitioner to undergo a clinical evaluation and risk assessment under RIGL 11-47-63(d)^[1]. The Attorney General's office receives notice of the petition and may oppose it.

Standards for Relief

The Board considers the statutory factors set out in RIGL 11-47-63(c), which center on the circumstances of the disqualifying commitment, the petitioner's mental health record, the petitioner's criminal history, and evidence of the petitioner's reputation^[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. RIGL 11-47-63 relieves only the firearms disqualifier arising from a Rhode Island mental-health adjudication or commitment under 18 U.S.C. 922(d)(4) and 922(g)(4). It does not lift any criminal-conviction disqualifier. Conviction-based prohibitions can be addressed, if at all, only through separate mechanisms such as expungement or a pardon. When the Board grants relief, RIGL 11-47-63(h) requires the district court to update the petitioner's record in the databases available to the National Instant Criminal Background Check System (NICS) and to notify the Attorney General of the United States that the petitioner is no longer subject to the 18 U.S.C. 922(d)(4) and 922(g)(4) prohibition. Petitioners should consult with an attorney to understand how a grant of relief affects their federal status.

Practical Considerations

The petition process can take several months, and there is no guarantee of a favorable outcome. The Attorney General or a designee sits on the Board as one of its five voting members and participates in every petition decision. Successful petitioners typically demonstrate a sustained period of law-abiding behavior, stable employment, community involvement, and completion of any court-ordered treatment programs.