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Article I, § 22 of the Rhode Island Constitution provides that "[t]he right of the people to keep and bear arms shall not be infringed." Article I, § 24 states that "[t]he enumeration of the foregoing rights shall not be construed to impair or deny others retained by the people. The rights guaranteed by this Constitution are not dependent on those guaranteed by the Constitution of the United States."
In State v. Storms, 308 A.2d 463 (R.I. 1973), the Supreme Court of Rhode Island rejected an art. I, § 24 (then art. I, § 23) challenge to R.I. Gen. Laws § 11-47-8, which prohibits the carrying of handguns in most circumstances without a license or permit. In Storms, the defendant attempted to reverse his conviction for carrying a handgun without a permit, but the court held that art. I, § 23 (now art. I, § 24) did not guarantee a right of self-defense. Id. at 464. The defendant did not raise an argument under the state right to bear arms provision in art. I, § 22. However, the court noted, in dicta:
[E]ven had [the defendant]...relied upon art. I, sec. 22 of the state constitution which safeguards the right of the people to keep and bear arms, [the defendant] might not be on sound ground. Then he would have been burdened with persuading us of the weakness of what is apparently the prevailing view, viz., that a constitutional guarantee to keep and bear arms is not infringed upon by legislation which, in broad terms, forbids the unlicensed carrying of a pistol or revolver upon one’s person excepting only in his home and place of business or upon his land.
Storms, 308 A.2d at 464 (citations omitted).
In Mosby v. Devine, 851 A.2d 1031 (R.I. 2004), the Rhode Island Supreme Court rejected an art. I, § 22 challenge to the state Firearms Act, in particular section 11-47-18 regarding Attorney General permits to carry concealed weapons. Referencing its decision in Storms, the court held that "art. 1, sec. 22 provides individuals with a right to keep and bear arms, subject, however, to reasonable regulation by the state in exercising its police power." Mosby, 851 A.2d at 1039. The court went on to conclude "that the licensing scheme set forth in the Firearms Act is reasonable legislative regulation of weapons that falls squarely within the state’s police power." Id. at 1043.
The court also found that "although the Firearms Act regulates and prohibits the ownership and possession of numerous weapons, including handguns, the statute includes both mandatory and discretionary licensing provisions that satisfy the constitutional guarantee to keep and bear arms." Id. at 1049.
See the Rhode Island Carrying Firearms section for a further discussion of the Mosby case.
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Rhode Island's preemption statute, Rhode Island General Laws § 11-47-58, provides that "[t]he control of firearms, ammunition, or their component parts regarding their ownership, possession, transportation, carrying, transfer, sale, purchase, purchase delay, licensing, registration, and taxation shall rest solely with the state, except as otherwise provided in [Rhode Island General Laws Chapter 47. Weapons]..."
Section 11-47-58 (enacted in 1986) may have been intended to supersede section 45-6-1 (enacted in 1896), which allows local governments to pass local ordinances to protect the public safety. Section 45-6-1(a) states that "[t]own and city councils may…make and ordain all ordinances and regulations for their respective towns and cities, not repugnant to law, which they deem necessary for the safety of their inhabitants from...firearms..."
Note, however, that the Rhode Island Legislature last amended section 45-6-1 in 1999 and did not remove the language relating to firearms.
There are no relevant cases interpreting
section 11-47-58
or
section 45-6-1.
Section 11-47-50 prohibits the discharge of firearms, BB guns, or other machines that are capable of discharging bullets, shot or missiles within the "compact part of any city or town" except upon land owned or occupied by the firearm user. Pursuant to section 11-47-50(a), however, cities and towns may enact ordinances that permit the discharge of such firearms on non-posted lands within the jurisdiction.
Please see the
Preemption section of the
Master List of Firearms Policies for a general discussion of this
issue, as well as the Federal Preemption section of the Federal Law Summary page.
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For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.
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No
relevant statutes currently exist.
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Federal
law generally requires that licensed firearms dealers conduct
a background check on all prospective firearms purchasers to
ensure that such persons are not prohibited from buying or
possessing a firearm. This background check requirement and
the National Instant Criminal Background Check System (“NICS”)
were enacted through the Brady Handgun Violence Prevention
Act, pursuant to Public Law 103-159, and codified at
18 U.S.C. § 921 et seq. Federal law defines a number
of classes of prohibited purchasers (including felons,
fugitives, persons adjudicated as “mental defectives” or those
committed to mental institutions), and leaves to the states
the power to determine additional classes. (For a complete
list of federally prohibited purchasers, click
here.)
Under the
Brady Act, states have the option of serving as a “state point
of contact” and conducting their own background checks using
NICS and state informational records and databases, or having
the checks performed by the FBI using only NICS. Federal law
does not require that private sellers (persons other than
firearms dealers) conduct background checks on prospective
purchasers.
In Rhode Island, firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). In addition, Rhode Island has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. Rhode Island General Laws §§ 11-47-5, 11-47-6 and 11-47-7 provide that, subject to certain limited exceptions, no person shall purchase, own, carry, transport, or possess a firearm if he or she:
Has been convicted of a crime of violence; Is a fugitive from justice; Is in community confinement or under electronic surveillance or monitoring devices as a condition of parole and has been convicted of a crime of violence; Has been convicted of a felony domestic violence offense (see section 12-29-5; this restriction is in place for two years after the date of the conviction only); Is under guardianship, treatment or confinement "by virtue of being a mental incompetent…a drug addict...[or] an habitual drunkard..."; or Is an illegal alien.
In addition, Rhode Island generally prohibits any person under age 18 from possessing or using any firearm or ammunition. Sections 11-47-32, 11-47-33. See the Rhode Island Minimum Age to Purchase / Possess section.
Sections 11-47-35, 11-47-35.1 and 11-47-35.2 require that most private sellers also conduct background checks when selling firearms, with the following exceptions:
Sales by wholesalers (when selling to state-licensed retail dealers); Sales to state-licensed retail dealers; Sales to law enforcement personnel; and Sales to any person with a license to carry a concealed weapon.
All firearms purchasers who do not fall within a prohibited class must complete and sign an application which is sent by the seller to the state police or local chief of police (a copy is ultimately sent to the attorney general as well). Id. The police authority has seven days to verify that the applicant meets all of the state criteria described above, except that handgun purchasers must be at least 21, rather than 18, and must present a certificate stating that he or she has completed a basic handgun safety course administered by the Department of Environmental Management. Id.
A similar, but somewhat expedited, procedure exists for those wishing to purchase a handgun from an out-of-state dealer. Section 11-47-36. In accordance with federal law, 18 U.S.C. §§ 922(a)(3) and (5), and 922(b)(3), all out-of-state sales to Rhode Island residents must be made through a licensed firearms dealer in Rhode Island.
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No relevant statutes currently exist.
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Possession Restrictions
The open carrying of handguns is generally prohibited without the appropriate license or permit, except in a residence, place of business or on land owned by the handgun owner. R.I. Gen Laws § 11-47-8.
The open carrying of long guns is generally allowed, with the following exceptions:
Possessing a machine gun or sawed-off shotgun/rifle is punishable by not less than one year or more than 10 years imprisonment and/or a fine of up to $10,000 (Id.); Possessing a loaded rifle or shotgun in or on any vehicle while on any public highway, road, lane or trail is punishable by up to five years imprisonment and/or a fine of up to $1,000 (§§ 11-47-26, 11-47-51 and 20-13-8); Carrying or transporting any firearm when intoxicated or under the influence of intoxicating liquor or narcotic drugs is punishable by up to five years imprisonment and/or a fine of up to $1,000 (§§ 11-47-26 and 11-47-52); or Possessing any firearm on school grounds without the appropriate license or permit, unless the specific activity is allowed by statute and is officially sanctioned by the educational institution, is punishable by up to five years imprisonment or a fine of up to $5,000, but not less than one year imprisonment or a fine of $500 (§ 11-47-60).
No individual may carry any type of firearm on any property belonging to or being used by a public or private elementary or secondary school without a license. Section 11-47-60(a). A person convicted of taking a firearm onto school grounds will be imprisoned for not less than one or more than five years, or fined not less than $500 or more than $5,000. Section 11-47-60(a)(3).
Firearm possession is generally prohibited in Rhode Island's state parks. See R.I. Code R. § 12-080-052. Loaded firearms are prohibited in or on any vehicle while in any part of a public reservation. Id.
State child care program regulations prohibit firearms on the grounds or within the structures of the facilities. See R.I. Code R. § 03-000-014.
Concealed weapons permit holders are subject to additional location limits. Please see the Location Limits subsection below for further information.
Transportation of Firearms
No person shall carry a handgun 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 he or she possesses. Section 11-47-8(a).
This prohibition does not apply to a concealed handgun license holder, the regular transportation of handguns as merchandise, any person while carrying a handgun unloaded and securely wrapped from the place of purchase to his or her home or place of business, moving goods from one place of abode or business to another, or any person who holds a valid license or permit issued in another state that allows the individual to carry a handgun 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 Rhode Island without any intent on the part of the person to detain him or herself or remain within the state. Id., section 11-47-9.
The state also prohibits any person from possessing in a vehicle a loaded rifle or shotgun or a rifle or shotgun from the magazine of which all shells and cartridges have not been removed, in or on any vehicle or conveyance while upon or along any public highway, road, lane, or trail within this state. Sections 11-47-51 and 20-13-8.
Finally, carrying any firearm in or upon any snowmobile or recreational vehicle is prohibited. See R.I. Code R. § 12-160-024.
Concealed Weapons Licensing Requirements
Rhode Island is a "may issue" state, meaning that local licensing authorities of any city or town have discretion in determining whether or not to issue a concealed handgun license to an applicant. Section 11-47-11. To apply for a license, an applicant must provide his or her fingerprints, photo, name, and address, and:
Be
twenty-one years of age or over; Have a bona fide residence or place of business in the city or town in which he or she is applying, or a bona fide residence in another state and a license to carry a concealed weapon from that state; Have a good reason to fear an injury to his or her person or property; Have any other proper reason for carrying a concealed handgun; Be a
suitable person to be licensed; Have a certification that he or she is qualified to use a handgun of a caliber equal or larger than the one he or she wants to carry. (This can be acquired by passing a shooting test conducted by a range officer or pistol instructor.)
Sections 11-47-11, 11-47-15, and 11-47-16.
In Mosby v. Devine, 851 A.2d 1031 (R.I. 2004) (rejecting a R.I. Const. art. I, § 22 challenge to the state Firearms Act), the Supreme Court of Rhode Island refers to section 11-47-11 as a "mandatory" licensing provision, in that an applicant meeting the criteria is entitled to a gun permit, but then acknowledges that local discretion exists in determining who constitutes a "suitable person."
The state attorney general also may issue a license to carry a handgun ("concealed or not") to a person 21 years of age or older who demonstrates a "proper showing of need" and has certification of his or her ability to use the handgun. Section 11-47-18. The attorney general-issued license, unlike that issued by local authorities, can also be granted to illegal aliens. Id.
The license fee is $40. Section 11-47-12.
The state prohibits any person from providing false information or false evidence of identity when applying for any handgun license. Section 11-47-23.
Any handgun license can be revoked for "just cause" by the authority that granted the license. Section 11-47-13. A person convicted of carrying a handgun (concealed or visible) without a license may be punished by imprisonment of up to 10 years, and/or a fine up to $10,000. Section 11-47-8(a). Also, carrying a handgun without a license is prima facie evidence of an intention to commit a crime of violence in a prosecution for a crime of violence. Section 11-47-4.
In addition, Rhode Island prohibits the carrying of any firearm while under the influence of alcohol or a narcotic drug, regardless of a permit. Section 11-47-52.
Disclosure or Use of Information
Both the attorney general and local licensing authorities are prohibited from disclosing any information given by an applicant for a handgun license, except as part of a prosecution for violation of the license requirement or in response to a subpoena in a case to which the person is a party. Sections 11-47-11(b) and 11-47-18(c). The license cannot, in any case, contain the serial number of the firearm. Section 11-47-11(a). Moreover, no government authority in Rhode Island may keep a list of privately owned firearms or their owners, unless the firearm has been used in committing a crime of violence, or the owner has been convicted of a crime of violence. Section 11-47-41.
Duration & Renewal
A handgun license in Rhode Island is valid for four years. Section 11-47-11(a).
Location Limits
There are no specific location limits for license holders. Concealed weapons
license holders are subject to generally applicable possession prohibitions.
Please see the Possession Restrictions section above for further information.
Reciprocity
No relevant statutes currently exist, indicating that Rhode Island does not recognize concealed weapons licenses issued in other states.
Brady Exemption
Concealed handgun license holders in Rhode Island are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF's exempt status determination for a given state is subject to change without notice.
Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).
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Rhode Island General Laws § 11-47-60.1(b) provides that:
A person who stores or leaves on premises under his or her control a loaded firearm and who knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child's parent or guardian, and the child obtains access to the firearm and causes injury to himself or herself or any other person with the firearm, is guilty of the crime of criminal storage of a firearm...
This prohibition does not apply if:
Access to the firearm is gained through illegal entry of any premises or an illegal taking of the firearm from the premises without the owner's permission; The firearm is kept in a locked container or other location which a reasonable person would believe to be secured; The firearm is carried on the person or so close that the individual can readily retrieve and use it; The firearm is locked with a locking device; The child acts in self-defense or defense of another person; or The person keeping the firearm on his or her premises has no reasonable expectation that a child is likely to be on the premises.
Section 11-47-60.1(c).
Any person convicted of violating section 11-47-60.1 may be fined up to $1,000 and/or imprisoned for up to one year. Section 11-47-60.1(b).
State regulations governing family day care homes, family group homes, and
foster care homes require that firearms be stored in a location inaccessible
to children, with ammunition stored separately in a locked location. See R.I.
Code R. §§ 03-000-018, 03-000-019,
and 03-000-021.
For other measures related to child access prevention, see the Rhode Island Locking Devices section.
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Rhode Island prohibits the retail sale of handguns without a state license. R.I. Gen. Laws §§ 11-47-38 and 11-47-39. Pursuant to section 11-47-39, licensees must:
Conduct business only in the building designated in the license; Display the license on the premises; Require evidence of a purchaser’s identity, unless the purchaser is personally known to the dealer; Comply with the seven-day waiting period for handgun sales [see section 11-47-35(a)(1) and Rhode Island Waiting Periods section]; Require purchasers to present a safety certificate, which can be obtained by completing a minimum two-hour basic handgun safety course [see section 11-47-35(b)(1)]; and Complete an application for a background check when purchasing concealable firearms from an out-of-state seller (see § 11-47-36).
Rhode Island requires all licensed retail dealers to provide a trigger lock or other safety device when delivering a handgun to a purchaser. Section 11-47-60.3.
No firearms dealer (other than a wholesaler selling to a retail dealer), may display any handgun or imitation handgun, or advertising of the same, where it can be readily seen from the street. Section 11-47-40(b). Any person selling a firearm from a "place of business" shall not exhibit any firearm in a display window unless he or she possesses a permit issued by local law enforcement. Section 11-47-47.
Except as otherwise noted, violations of Rhode Island firearms dealer regulations may be punished by up to five years imprisonment and/or a fine of up to $1,000. Section 11-47-26.
The dealer license is valid for not more than one year from the date of issue and will be forfeited if the licensee violates any of the above conditions. Section 11-47-39.
In addition, any person, firm or corporation selling firearms (except wholesale dealers selling to licensed retail dealers) must maintain a register of the sales of all firearms. Section 11-47-40. The section requires that at the time of sale, the seller record the following in the register:
The date of sale; The name, age and residence of the purchaser; and The caliber, make, model, and manufacturer's number on the firearm.
Id.
This register must be open "at all reasonable hours for the mandatory monthly inspection" by state and local police officials. Section 11-47-40(a). Firearms sellers must also retain the original copy of a buyer's purchase application for six years. Section 11-47-35(a)(2).
For laws applicable to both licensed and private firearm sellers, please see the Rhode Island Private/Secondary Sales section.
Number of Federally Licensed Firearms Dealers
There are 92 federally licensed firearms dealers and pawnbrokers in Rhode Island. Federal firearms licensee totals for Rhode Island as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.
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Rhode Island does not have specific laws regulating gun shows. However, the state imposes background checks for private purchases of firearms and has a seven-day waiting period for all firearm sales to non-law enforcement personnel. R.I. Gen. Laws §§ 11-47-35, 11-47-35.1, and 11-47-35.2. See also the Rhode Island Background Checks and Waiting Period sections.
See the Rhode Island Private/Secondary Sales section for state laws that apply at gun shows.
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Pursuant to Rhode Island General Laws § 11-47-62(a), no shooting range owner shall be liable in any action for nuisance, and no court shall enjoin the use or operation of the range on the basis of noise or noise pollution, provided the owner continues to be in compliance with any noise control law, ordinance or bylaws in effect at the time of the construction of the range. This provision does not authorize a range owner to change the use and/or type of the range, or to expand the use and/or type of the range. Section 11-47-62(c).
For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.
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Rhode Island does not specifically regulate junk guns or unsafe firearms. However, according to research conducted by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence), Rhode Island’s Attorney General may have the authority to regulate junk guns, as well as promulgate other firearms safety standards, pursuant to Rhode Island General Laws § 6-13.1-1 et seq. regarding deceptive trade practices. For details, view the Center’s report, Targeting Safety.
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No relevant statutes
currently exist.
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To purchase a handgun, any person who does not have a concealed handgun license, or who is not a member of law enforcement, must present to the seller a safety certificate issued by the Department of Environmental Management (DEM). R.I. Gen. Laws § 11-47-35(a)(1). Said certificate can be obtained by completing a minimum two-hour basic handgun safety course administered by DEM. Section 11-47-35(b)(1).
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Rhode
Island requires all licensed retail dealers to provide a
trigger lock or other safety device when delivering a handgun
to a purchaser.
R.I. Gen. Laws § 11-47-60.3.
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A person must be at least 21 years of age to purchase a handgun in Rhode Island. R.I. Gen. Laws § 11-47-35(a)(1). To possess and use firearms and ammunition, Rhode Island citizens must be at least 18 years of age unless:
The minor holds a permit to be engaged in training at a camp or rifle range under the supervision of a parent, guardian or adult; The minor is engaged in hunting under the supervision of a parent, guardian or qualified adult; or The minor is in reserve officer training, target shooting or parade activities.
Sections 11-47-32, 11-47-33.
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No
relevant statutes currently exist.
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No
relevant statutes currently exist.
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All sellers of firearms are required to conduct a background check on prospective purchasers, unless the purchaser is a retail dealer, member of law enforcement, or a concealed weapon licensee. R.I. Gen. Laws §§ 11-47-35, 11-47-35.1, and 11-47-35.2. See the Rhode Island Background Check section.
All sellers (with certain exceptions) must also comply with state waiting period requirements. See the Rhode Island Waiting Periods section.
Any person, firm or corporation selling firearms (except wholesale dealers selling to licensed retail dealers) must maintain a register of the sales of all firearms. Section 11-47-40. The section requires that at the time of sale, the seller record the following in the register:
The date of sale; The name, age and residence of the purchaser; and The caliber, make, model, and manufacturer's number on the firearm.
This register must be open "at all reasonable hours for the mandatory monthly inspection" by state and local police officials. Section 11-47-40(a). Firearms sellers must also retain the original copy of a buyer's purchase application for six years. Section 11-47-35(a)(2).
Rhode Island generally prohibits any person from selling, transferring, giving, conveying or causing to be sold, transferred, given or conveyed, any firearm or ammunition to any person under age 18, when the person knows or has reason to know that the recipient is under age 18. Sections 11-47-30(a), 11-47-31(a).
The state also prohibits any person from selling a handgun to any individual under age 21. Section 11-47-37.
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Rhode Island General Laws § 11-47-41 prohibits any government authority in Rhode Island from keeping a list of privately owned firearms or their owners unless the firearm has been used in committing a crime of violence, or the owner has been convicted of a crime of violence.
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Rhode Island imposes a seven-day waiting period for all purchases of firearms unless the purchaser is a law enforcement officer. R.I. Gen. Laws §§ 11-47-35, 11-47.35.1 and 11-47-35.2. However, the seller must deliver the firearm to the purchaser if within seven days he or she does not receive background check information that would disqualify the potential buyer from purchasing the firearm. Sections 11-47-35 and 11-47-35.2.
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