Rhode Island Gun Control Laws

The U.S. Constitution grants citizens the right to purchase and bear arms.  According to the Second Amendment, an adult not convicted of a crime has the right to own a firearm.  However, every state has to abide by Federal laws regarding the ownership, concealment, and transportation of a gun. In addition, individual states have laws specific to their residents. For example, Rhode Island has a law prohibiting political or government agencies from keeping information on private gun owners, after approval for possession is granted.

Carrying Guns and Possession Laws: Penalties & Regulations

State and Federal law prohibit certain persons from possessing or purchasing firearms.  For example, citizens convicted of violent felonies, aliens, and fugitives from justice may not carry a gun. Laws also prohibit minors from owning or possessing a handgun.   The laws are not a punishment or in violation of the Second Amendment. Restrictions are instituted to protect the citizenry from harm.  For instance:

• Illegal possession of firearms on school grounds is punishable 1-5 years imprisonment and a $500-$5000 fine
• Violent felons and fugitives in possession of a firearm are subject to imprisonment for no less than 2 years and no more than 10
• Person found in possession of armor-piercing bullets face imprisonment for up to 3 years, a fine up to $5000, or both

Requirements:

Rhode Island Gun Purchasing Laws

In order to purchase a firearm in the state of Rhode Island, an individual must submit an application. One copy is kept by the seller, a second is sent to the Attorney General, and a third is given to the local law enforcement agency.  The applicant must wait 7 days, giving the authorities time to do a background check.  Unless the seller receives disqualifying information regarding the purchaser, the gun can be relinquished to the individual.

Penalties & Regulations for Illegal Purchases

Violent felons, minors, fugitives from justice and aliens may not purchase a firearm.  The laws are designed to protect the public.  Although records are not kept for those that have already been investigated and have permission, illegal purchase of a weapon will result in some stiff penalties.  To acquire a gun, without a qualifying application and background check is punishable by jail time, fines, or both.

• Possession of a handgun, without a valid permit, is punishable by 1-10 years of incarceration and up to a $10,000 fine
• Anyone in possession of a sawed off weapon will face up to 10 years in jail and a $5000 fine
• Convicted felons in possession of a gun face 2-10 years in jail

Requirements:

Firing Handguns and Self Defense

Rhode Island requires gun owners to have some sort of training in the safe use of firearms.  Residents should know the rules regard safe handling and storage of a weapon.  However, it is legal to have a gun in the home for self-defense.  As long as the person owns the home, business, or land on which the weapon is kept, gun ownership and possession is strictly up to the individual for protection of life, limb and property.  Of course, minors, fugitives, and felons cannot have a handgun under any circumstances.

• Loss of firearm must be reported within 24 hours of the discovery
• It is never lawful to have a handgun on school property, except for persons with special permission-like law enforcement
• It is illegal to have a sawed off rifle or shotgun
• Committing a crime, while in possession of a gun, is punishable by a mandatory 3-10 years in jail
• A loaded shotgun or rifle is not permitted on public roads

Legal Help

The services of an attorney are essential, if an individual is facing gun charges.  Whether it is a felony or misdemeanor offense, a presence of a lawyer is necessary.  Innocent or guilty, a person often must justify the use of lethal force or possession of a firearm. State and Federal laws are considered. However, exemptions in the law provide for circumstances in which an individual or property is in serious danger.  A lawyer is necessary to represent an individual charged with:

• Illegal possession
• Possession of a firearm on school grounds
• Carrying a gun without a license
• Illegal transportation of a gun across state lines
• Use of lethal force, resulting in aggravated charges