Petitioning to Restore Firearms Rights After DV Misdemeanor

Rhode Island General Laws Section 11-47-5.5^[1] establishes a process for individuals convicted of qualifying domestic violence misdemeanors to petition for the restoration of their firearms rights. Federal law, 18 U.S.C. 922(g)(9), bars a person convicted of a misdemeanor crime of domestic violence from possessing a firearm or ammunition, and Section 11-47-5.5 allows state-level relief under specific conditions^[2].

Eligibility Requirements

Under RIGL 11-47-5.5(b), a person becomes eligible to file a motion for relief five years from the date of the completion of their sentence. The five-year clock does not apply where the defendant is eligible to reclaim firearms after the one-year completion of a filing or probation under RIGL 12-18-3, in which case the wait is one year. If the person pleads nolo contendere to or is convicted of a new offense enumerated in RIGL 11-47-5(a)(4) during the waiting period, an additional six-year prohibition applies and runs consecutively to the prohibition already in effect, and the person does not become eligible to file until all consecutive prohibition periods have fully elapsed.

A person becomes eligible to file a motion for relief five years after the completion of their sentence, or one year for the offenses the section ties to RIGL 12-18-3. All consecutive prohibitions must have expired. The court considers only whether the required time has elapsed and whether any other legal prohibition prevents the person from recovering their firearms. Relief is available only where the firearms prohibition exists solely because of a plea of nolo contendere to or a conviction of an offense enumerated in RIGL 11-47-5(a)(4). A person who is otherwise prohibited under state law from possessing firearms is not eligible. Felony domestic violence convictions are not eligible for restoration under this section.

Filing a Motion in District Court

The petition is filed as a motion in the District Court. The District Court considers whether the required time has elapsed and whether any other legal prohibition prevents the person from recovering their firearms. The statute does not impose a clear-and-convincing "no longer a threat" burden. The district court's review is narrow. Under RIGL 11-47-5.5(e), the court shall only consider whether the required amount of time has expired and whether any other legal prohibition prevents the petitioner from recovering their firearms. If the court lifts the prohibition, it issues the person written notice that they are no longer prohibited under RIGL 11-47-5(a)(4). The statute limits the court's consideration to those two questions.

What Restoration Does and Does Not Do

If the court grants the petition, the individual's state-level firearms rights are restored. They may again purchase, possess, and carry firearms in accordance with Rhode Island law. However, this restoration is not an expungement of the underlying conviction. The DV misdemeanor remains on the person's criminal record. Federal law does not treat a conviction as a conviction if it has been expunged or set aside, or the person has been pardoned or has had civil rights restored, unless that action expressly provides that the person may not possess firearms (18 U.S.C. 921(a)(33)(B))^[3]. Petitioners should consult with an attorney regarding federal implications before acquiring firearms.

Return of Surrendered Firearms

Upon restoration, a firearm surrendered to the Rhode Island State Police or a local police department by a person formerly prohibited under RIGL 11-47-5(a)(4) is returned on request when the conditions in Section 11-47-5.5(f) are met. Return requires written proof issued by the court that the firearm prohibition has been lifted, and a determination by the police that the person is not otherwise prohibited from possessing a firearm under state or federal law. If firearms were transferred to a licensed dealer or third party, the petitioner must arrange return through lawful transfer procedures. A firearm destroyed under RIGL 11-47-22(c) is rendered permanently and irretrievably inoperable.