Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
In 2022, the Rhode Island General Assembly passed three significant gun control laws, which Governor Dan McKee signed into law. These laws included:
- A ban on large-capacity feeding devices that hold more than 10 rounds of ammunition.
- A ban on the open carry of loaded shotguns and rifles on public roadways.
- An increase in the minimum age to purchase firearms from 18 to 21 years.
Rhode Island’s firearm laws are stricter than those in many other states. Lawmakers strive to balance public safety and the rights of law-abiding gun owners, a challenging task in a country often divided over gun control.
Federal law imposes limited regulations on gun purchases and ownership, overseen by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The ATF handles licensing for interstate firearms commerce and enforces prohibitions on possession and ownership. Federal law mandates that federally licensed firearm dealers run background checks on buyers to prevent sales to felons and other prohibited individuals. The FBI also plays a role in investigating and prosecuting illegal firearm possession cases.
Most gun control laws are enacted at the state level. States regulate issues such as concealed carry permits, open carry of firearms, waiting periods for purchases, and possession or use of firearms in vehicles and public places. States can also impose additional restrictions on who can purchase and possess firearms.
The Second Amendment to the U.S. Constitution states:
“A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
Initially viewed as protecting citizens’ rights to defend against an invading army, recent U.S. Supreme Court interpretations have expanded the amendment to include an individual’s right to bear arms for self-defense. In New York Rifle & Pistol Association v. Bruen (2022), the Court established a new test for government regulations affecting the right to bear arms. The government must demonstrate that a law or regulation aligns with traditional, historical firearm regulations in the United States. The Bruen case invalidated a New York gun licensing law that gave authorities significant discretion in deciding who qualified for a license. The criteria for licenses must now be objective and tailored to public safety goals. The Bruen decision has spurred numerous legal challenges to federal, state, and local gun regulations.
In Rhode Island, purchasing a handgun requires a safety certificate issued by the Department of Environmental Management (DEM). The DEM also oversees the firearms safety course, which includes at least two hours of instruction on the safe handling and use of pistols and revolvers. Completion of this course is necessary to obtain the handgun safety certificate. Local police, other law enforcement, and active-duty military are exempt from this requirement.
Rhode Island issues licenses to carry handguns in public, with licensing authority split between local authorities and the State Attorney General’s office.
- Local Authorities: Applicants can apply for a concealed carry permit through their city or town. Under the “shall issue” directive from the Bruen case, meeting objective criteria guarantees the issuance of the license.
- State Attorney General: Applicants can also apply for a license to carry (open or concealed) from the Attorney General’s office, which may issue the permit upon proper showing of need.
Carrying a handgun without a license is a felony, punishable by up to 10 years in prison. Exceptions include individuals with valid licenses from other states who are merely passing through Rhode Island and do not intend to stay. Law enforcement officers and active-duty military are also exempt from this requirement.
Rhode Island mandates universal background checks for all private firearm sales and transfers. Sellers must submit the application form to the state police, local police department, or another appropriate law enforcement agency for a background check. There is a minimum seven-day waiting period before the firearm can be delivered to the purchaser. Courts must share information about individuals committed to mental institutions with the national background check database operated by the FBI. While Rhode Island does not have an assault weapons ban, it prohibits certain firearms. A state preemption law prevents local governments from passing firearm regulations that conflict with state laws.
The following items are illegal in Rhode Island:
- Sawed-off shotguns
- Sawed-off rifles
- Bump stocks
- Mufflers
- Silencers
- Armor-piercing bullets
- Machine guns (unless authorized by federal and state law)
- Firearms with altered marks (obliterated serial number)
- Ghost guns (undetectable or made by 3D printing)
There is a mandatory seven-day waiting period between the application to purchase a firearm and the delivery of the firearm to the purchaser.
In Rhode Island, it is illegal for the following individuals to own or possess a firearm:
- Convicted of a crime of violence.
- Fugitive from justice.
- Convicted or pled “no contest” to a felony.
- Convicted or pled “no contest” to a felony domestic violence offense or specific misdemeanor offenses.
- Subject to a protective order.
- Under community confinement or electronic surveillance as a parole condition.
- Under guardianship, treatment, or confinement as a mental incompetent.
- Under treatment or confinement as a drug addict.
- Illegally present in the United States.
- Under 18 years of age (with certain exceptions).
A license is not required to own a firearm in Rhode Island. However, purchasing a handgun requires a safety certificate from the Department of Environmental Management.
Carrying a concealed handgun in Rhode Island requires a concealed carry license.
Open carry of a handgun is prohibited without a license, except at one’s dwelling, place of business, or on land one possesses. Open carry of loaded shotguns or rifles is prohibited on public roads and trails or in vehicles on public roads, with exceptions for law enforcement, military, and those engaged in hunting activities.
To be eligible for a license to carry a handgun, a person must:
- Be 21 years old.
- Have a bona fide residence or place of business within the city or town where applying or have a concealed carry license from another state.
- Demonstrate a proper showing of need (for Attorney General-issued licenses only).
- Have certification of qualification with a pistol or revolver of a caliber equal to or larger than the one intended to carry.
- Pass a background check through state, local, and federal databases showing they are not prohibited from possessing a firearm.
Rhode Island generally prohibits the possession of machine guns.
