Who Cannot Possess Firearms in Rhode Island

Rhode Island law establishes multiple categories of persons who are prohibited from possessing firearms. RIGL 11-47-5^[1] bars any person convicted of a "crime of violence" from purchasing, owning, carrying, transporting, or having in their possession any firearm. The term "crime of violence" is defined in RIGL 11-47-2 and includes murder, manslaughter, robbery, burglary, kidnapping, assault with a dangerous weapon, and other enumerated offenses.

Persons Convicted of Crimes of Violence (RIGL 11-47-5)

Section 11-47-5 prohibits firearms possession by any person who has been convicted of a crime of violence in any jurisdiction. The statute also covers fugitives from justice and persons who entered a plea of nolo contendere to or were convicted of a felony punishable under RIGL 12-29-5^[2] or the domestic violence misdemeanors listed in RIGL 11-47-5(a)(4), subject to subsection (a)(5). For disorderly conduct, the offense must involve the use or attempted use of force or the threatened use of a dangerous weapon. Violation is punishable by imprisonment for not less than 2 years and not more than 10 years.

Mental Incompetents and Drug Addicts (RIGL 11-47-6)

RIGL 11-47-6 prohibits purchasing, owning, carrying, transporting or possessing a firearm by a person under guardianship, treatment or confinement as a mental incompetent, or adjudicated or under treatment or confinement as a drug addict^[3]. This statute bars the prohibited person from possession, and federal law also prohibits possession under 18 U.S.C. 922(g)(3) and (g)(4). A person who has been adjudicated as a mental defective or committed to a mental institution is prohibited under 18 U.S.C. 922(g)(4), and Rhode Island's 11-47-6 separately reaches persons under guardianship, treatment or confinement as mental incompetents.

Non-Citizens (RIGL 11-47-7)

RIGL 11-47-7 prohibits the purchase, ownership, carrying, transport, and possession of any firearm by an unnaturalized foreign-born person who entered the United States in violation of federal law, or who entered lawfully but now remains in the country in violation of federal law. Lawfully present non-citizens are not covered by the state prohibition. Federal law is broader. 18 U.S.C. 922(g)(5) bars aliens unlawfully present and, with limited exceptions, aliens admitted under nonimmigrant visas from possessing firearms or ammunition.

Minors (RIGL 11-47-33)

RIGL 11-47-33 permits a person under 18 to possess and use a firearm in the presence of a parent, guardian or supervising adult at an approved camp or rifle range, and provides additional exceptions. Section 11-47-33 does not apply to minors engaged in lawful hunting under the supervision of a parent, guardian or qualified adult, minors in Reserve Officer Training Corps programs, ceremonial parade activities, competitive and target shooting, and the other activities it lists. RIGL 11-47-30 makes it unlawful for any person to transfer, give or convey any firearm to a person under eighteen when the person knows or has reason to know the recipient is under eighteen, except for the limited purposes set forth in RIGL 11-47-33 and with the prior approval or consent of the parent or legal guardian of the minor.