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 connection with the purchase or transfer of a pistol or revolver. 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 pistol or revolver." This covers misrepresentation of the buyer's name, address, age, or any other material fact on the application submitted to law enforcement. It also covers scenarios where the actual buyer uses a straw purchaser to circumvent the background check process[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. Additionally, federal straw purchase laws under 18 U.S.C. 922(a)(6)[2] may apply concurrently, meaning a person could face both state and federal prosecution for the same conduct.
Alteration of Identifying Marks (RIGL 11-47-24)
Closely related to the false information prohibition, RIGL 11-47-24[3] makes it unlawful to change, alter, remove, or obliterate the name of the maker, model designation, manufacturer's serial number, or any other mark of identification on any firearm. Possession of a firearm with altered or obliterated marks creates a presumption that the possessor committed the alteration. 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) criminalizes making false statements in connection with the acquisition of a firearm from a licensed dealer. 18 U.S.C. 922(k) separately prohibits the possession of a firearm with an altered, removed, or obliterated serial number. Prosecutions for straw purchases in Rhode Island may be brought under state law, federal law, or both.