Rhode Island Firearms Offense Lawyer

Rhode Island Firearms Offense Attorney

The right to have a firearm is found in the United States Constitution within the Second Amendment. However, it is not an absolute right, and there are restrictions to owning and possessing a firearm. If you do not follow the law and regulations, you can find yourself charged with a firearm offense in the State of Rhode Island.

These laws may seem straight forward but they can get complicated. This is why it is important to hire experienced Rhode Island criminal defense attorneys, if you find yourself charged with a firearm offense. The attorneys at Ellison Law LLC have represented many people on firearm charges.

The laws pertaining to firearms come from Rhode Island General Laws § 11-47, which is known as the “Firearms Act.”

What is the Definition of a “Firearm” Under Rhode Island Law?

A firearm is any device designed to propel steel or a projectile.The different definitions of various firearms comes from Rhode Island General Laws § 11-47-2.

The definition of “firearm” includes the following

• machine gun
• pistol
• rifle
• air rifle
• air pistol
• “blank gun”
• “BB gun”
• or other instrument from which steel or metal projectiles are propelled, or that may readily be converted to expel a projectile except crossbows, recurve, compound, or longbows, and except instruments propelling projectiles that are designed or normally used for a primary purpose other than as a weapon

The law also states that the frame or receiver of the weapon shall be construed as a firearm.

The definition of the firearm is broad. It is likely written this way because it ensures that conventional firearms or other weapons, like antique or replica guns, are also regulated under this law.

What is the definition of Machine Gun Under Rhode Island Law?

The definition of “Machine gun” means any weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot, without manual reloading, by a single function of the trigger. The term also includes the frame or receiver of the weapon, any combination of parts designed and intended for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if the parts are in the possession or under the control of a person.

What is the definition of a Pistol Under Rhode Island Law?

The definition of “pistol” includes any pistol or revolver, and any shotgun, rifle, or similar weapon with overall length less than twenty-six inches (26″), but does not include any pistol or revolver designed for the use of blank cartridges only.

What is the definition of Sawed-off rifle Under Rhode Island Law?

The definition of “Sawed-off rifle” means any rifle with overall length of less than twenty-six inches (26″) or barrel length of less than sixteen inches (16″).

What is the definition of Sawed-off shotgun Under Rhode Island Law?

The definition of “Sawed-off shotgun” means any shotgun with overall length of less than twenty-six inches (26″) or barrel length of less than eighteen inches (18″).

Possession of a Firearm in Rhode Island

There are two ways to possess a firearm:

1. Actual Possession: This is when a person has direct physical control over the firearm. An example of this would be holding the firearm in your hand.
2. Constructive Possession: This is when a person does not have direct physical control of the firearm but they have both the power and intent to exercise control over the firearm either personally or through another individual. For example: if a firearm is stored in a place, like your car or house, and you know of its presence and you have the ability to access it, you may be deemed to have constructive possession of the firearm even though it is not actually in your possession.

Possession can be held by an individual just by themself. This is sole possession. However, if two or more people share actual or constructive possession of an item, that possession is considered joint. Two people can both have possession over the same item.

Who is Prohibited from Possessing or Owning a Firearm in Rhode Island?

Although the Second Amendment grants you the right to bear arms under the United States Constitution, in Rhode Island there are restrictions on who can legally possess a firearm. There are specific groups of individuals who are prohibited, by law, from purchasing, owning, transporting, carrying or possessing a firearm or ammunition. Some of those individuals listed by the law are the following:

1. Convicted Felons: Any person convicted of a felony, especially people involved with violent charges, are prohibited from owning or possessing firearms.
2. People Convicted of Certain Domestic Violence Charges. These are certain crimes of domestic violence that a plea can prohibit a person from owning or possessing a firearm.
3. Fugitives or Those on Parole: Individuals who are fugitives or those currently on parole or probation are also prohibited from owning or possessing firearms.
4. People Convicted of a Crime of Violence

These categories of people come from Rhode Island General Laws § 11-47-5(a), which states the following:

§ 11-47-5. Possession of firearms by certain persons prohibited.

(a) No person shall purchase, own, carry, transport, or have in his or her possession any firearm if that person:

(1) Has been convicted in this state or elsewhere of a crime of violence;

(2) Is a fugitive from justice;

(3) Has, in this state or elsewhere, entered a plea of nolo contendere to or been convicted of an offense punishable as a felony under § 12-29-5; or

(4) Has, in this state or elsewhere, entered a plea of nolo contendere to or been convicted of any of the following offenses punishable as a misdemeanor under § 12-29-5:

(i) Simple assault (§ 11-5-3);

(ii) Cyberstalking and cyberharassment (§ 11-52-4.2);

(iii) Violation of a protective order (as set forth in § 12-29-2(a)(10); or

(iv) Disorderly conduct (§ 11-45-1).

(A) A disorderly conduct conviction shall result in prohibition under this section if and only if the offense involves the use or attempted use of force or the threatened use of a dangerous weapon.

(5) The provisions of this subsection shall apply to all persons who enter a plea of nolo contendere to or have been convicted of any of the offenses specified in subsections (a)(3) and (a)(4) of this section, unless and until that person’s matter has been expunged, or upon the completion of the sentence of a one-year filing, or the end of a one-year probationary period that no longer constitutes a conviction pursuant to § 12-18-3.

What are Rhode Island’s Carrying A Firearm Laws?

The term “carrying” refers to having or bearing a firearm near you. This must be done consciously, which means you must knowingly be in possession of the firearm. As a result, carrying and possessing share similar legal consequences, as carrying is considered a form of possession. It is illegal to carry a firearm without a license in Rhode Island outside of your dwelling house, or place of business or land possessed by you.

Carrying a firearm in Rhode Island requires compliance with strict regulations:

1. Open Carry: Rhode Island does not generally permit open carry of firearms without a license.
2. Concealed Carry: Rhode Island requires a permit to carry a concealed firearm. Applicants must meet specific criteria, including passing a background check and providing a valid reason for needing a concealed firearm.
3. License Exceptions: Certain individuals, such as law enforcement officers and military personnel, may be exempt from carrying restrictions under specific circumstances.

What is the Law Related to Carrying a Firearm in Rhode Island?

Rhode Island General Laws § 11-47-8 “License or permit required for carrying pistol – Possession of machine gun” states the following:

(a) No person shall, without a license or permit issued as provided in §§ 11-47-11, 11-47-12, and 11-47-18, carry a pistol or revolver in any vehicle or conveyance or on or about his or her person whether visible or concealed, except in his or her dwelling house or place of business or on land possessed by him or her or as provided in §§ 11-47-9 and 11-47-10. The provisions of these sections shall not apply to any person who is the holder of a valid license or permit issued by the licensing authority of another state, or territory of the United States, or political subdivision of the state or territory, allowing him or her to carry a pistol or revolver in any vehicle or conveyance or on or about his or her person whether visible or concealed, provided the person is merely transporting the firearm through the state in a vehicle or other conveyance without any intent on the part of the person to detain him or herself or remain within the state of Rhode Island. No person shall manufacture, sell, purchase, or possess a machine gun except as otherwise provided in this chapter. Every person violating the provision of this section shall, upon conviction, be punished by imprisonment for not less than one nor more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), or both, and except for a first conviction under this section, shall not be afforded the provisions of suspension or deferment of sentence, nor a probation.

(b) No person shall have in his or her possession or under his or her control any sawed-off shotgun or sawed-off rifle as defined in § 11-47-2. Any person convicted of violating this subsection shall be punished by imprisonment for up to ten (10) years, or by a fine of up to five thousand dollars ($5,000), or both.

(c) No person shall have in his or her possession or under his or her control any firearm while the person delivers, possesses with intent to deliver, or manufactures a controlled substance. Any person convicted of violating this subsection shall be punished by imprisonment for not less than two (2) years nor more than twenty (20) years, and the sentence shall be consecutive to any sentence the person may receive for the delivery, possession with intent to deliver, or the manufacture of the controlled substance. It shall not be a defense to a violation of this subsection that a person has a license or permit to carry or possess a firearm.

(d) It shall be unlawful for any person to possess a bump-fire device, binary trigger, trigger crank, or any other device that when attached to a semi-automatic weapon allows full-automatic fire. Individuals who possess these items shall have ninety (90) days from the enactment of this section to either sell, destroy, or otherwise remove these items from the state of Rhode Island. Every person violating the provisions of this section shall, upon conviction, be punished by imprisonment for not less than one nor more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), or both, and, except for a first conviction under this section, shall not be afforded the provisions of suspension or deferment of sentence, nor a probation.

What are some firearm related charges in Rhode Island?

In Rhode Island, firearm related charges will vary depending on the nature of the offense and it could be considered a misdemeanor or a felony. Here are some of the common firearm charges that you may receive:

1. Unlawful Possession of Firearms by Certain Persons Prohibited

   This charge applies when you possess a firearm without the required legal authorization like a valid permit or license and are a person who is prohibited from possessing firearms. You may face no less than 2 years of jail time and up to 10 years.

2. Carrying a Concealed Weapon Without a Permit

   Carrying a concealed firearm without a permit is illegal in Rhode Island. This charge can result in severe penalties, including jail time and fines.

3. Possession of an Illegal Firearm

   Certain types of firearms are illegal to possess in Rhode Island like automatic weapons, sawed-off shotguns, or firearms modified beyond legal specifications like a ghost gun.

4. Discharging a Firearm in a Prohibited Area

   This charge applies when you discharge a firearm in an area where firing is not permitted, such as in public spaces, residential neighborhoods, or near schools.

What Is The Difference Between A Firearm And A Weapon?

Rhode Island General Law 11-47-42 considers weapons a broader category than firearms. Possession of weapons is a misdemeanor crime. For more information see our post about Weapons other than Firearms Prohibited.

How Strict Are Rhode Island Gun Laws?

Rhode Island gun laws are relatively strict when compared with some other states in the United States. There are various Rhode Island General Laws that are in place which if you violate you may find yourself arrested with a firearm offense.

What Should I Do If I Have Been Charged With A Firearm Offense In Rhode Island?

If you or a loved one is charged with a firearm crime in the State of Rhode Island, do not hesitate to contact the experienced Rhode Island firearm attorneys at Ellison Law LLC today at 401-389-4655.