Straw Purchases and False Information (RIGL 11-47-23)

Rhode Island explicitly criminalizes the use of false information in firearms transactions. RIGL 11-47-23^[1] makes it unlawful for any person to give false information or offer false evidence of identity in purchasing or otherwise securing delivery of a shotgun, rifle, pistol, or revolver, or in applying for a license or permit to carry it. This provision directly targets straw purchases, where a person who can pass a background check buys a firearm on behalf of someone who cannot.

Elements of the Offense

The statute prohibits giving false information or presenting false evidence of identity "in purchasing or otherwise securing delivery of a shotgun, rifle, pistol, or revolver," and it applies equally to false statements made when applying for a license or permit to carry. This covers misrepresentation of the buyer's name, address, age, or any other material fact on the application submitted to law enforcement. Subsection (b) of RIGL 11-47-23 prohibits knowingly purchasing or otherwise obtaining a firearm on behalf of another person, or transferring one to another person, whom the transferor knows or reasonably should know is prohibited from possessing it^[1].

Penalties

A person convicted under RIGL 11-47-23 faces tiered penalties. For a first violation: up to a $5,000 fine or up to 5 years imprisonment, or both. For subsequent violations: up to a $10,000 fine or up to 10 years imprisonment, or both. The severity of these penalties reflects the legislature's view that straw purchases and identity fraud undermine the entire background check system. Federal law, 18 U.S.C. 922(a)(6), separately reaches false statements to a licensed dealer, and under 18 U.S.C. 927 federal firearms law does not displace state law absent a direct and positive conflict, so the two operate side by side^[2].

Alteration of Identifying Marks (RIGL 11-47-24)

Closely related to the false information prohibition, RIGL 11-47-24 makes it unlawful to change, alter, remove or obliterate the name of the maker, model or manufacturer's number on any firearm, or any other mark of identification where those are absent^[3]. Possession of a firearm whose marks of identification have been changed, altered, removed or obliterated is prima facie evidence that the possessor did it, unless the possessor has recertification paperwork. This statute works in tandem with the false information provision to maintain the traceability of firearms throughout the chain of ownership.

Federal Overlap

Federal law provides parallel prohibitions. 18 U.S.C. 922(a)(6) makes it unlawful to knowingly make a false or fictitious statement, or furnish false identification, intended or likely to deceive about a fact material to the lawfulness of acquiring a firearm or ammunition from a licensed importer, manufacturer, dealer or collector. 18 U.S.C. 922(k) separately makes it unlawful to knowingly transport, ship or receive in interstate commerce a firearm with a removed, obliterated or altered serial number, or to possess or receive such a firearm that has moved in interstate commerce. State and federal straw purchase statutes operate side by side, since under 18 U.S.C. 927 federal firearms law does not displace state law absent a direct and positive conflict.