In these gun laws pages, we refer to both “federal gun laws” and “state gun laws.”  The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.

One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself.  Throughout this section, we will be referring mostly to state laws.  Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well.  You will need to read both state and federal laws to see which ones, if any, the abuser might be violating.

If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated (state versus federal) but local police cannot arrest someone for violating federal law, only for violating state/local laws.  Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws. If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor.  If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state (which is the federal prosecutor).  For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun?  If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.

Rhode Island state law says that a person cannot have or buy a firearm if s/he:

1. has been convicted of a “crime of violence” in Rhode Island or elsewhere. “Crimes of violence” include any of the following crimes or an attempt to commit any of them:
   • murder;
   • manslaughter;
   • rape;
   • first or second degree sexual assault;
   • first or second degree child molestation;
   • kidnapping;
   • first or second degree arson;
   • mayhem;
   • robbery;
   • burglary;
   • breaking and entering;
   • any felony violation involving the illegal manufacture, sale, or delivery of a controlled substance; possession with intent to manufacture, sell, or deliver a controlled substance; or conspiracy to commit manufacture, sell, or deliver a controlled substance;
   • assault with a dangerous weapon;
   • assault or battery involving grave bodily injury;
   • assault with intent to commit any offense punishable as a felony;
   • conviction of a domestic violence offense punishable as a felony;¹
2. was convicted of –or pled “no contest” (“nolo contendere”) to– in Rhode Island or elsewhere:
   • a felony domestic violence crime that is listed here;² or
   • one of the following misdemeanor domestic violence crimes:
     • simple assault;
     • cyberstalking and cyberharassment;
     • violation of a protective order (as explained in section(a)(10)); or
     • disorderly conduct but only if the offense involves the:
       • the use of force;
       • the attempted use of force; or
       • the threatened use of a dangerous weapon;
3. is a fugitive from justice;³
4. has a final domestic violence restraining order issued against him/her from either family court or district court;⁴
5. is in “community confinement” or otherwise subject to electronic surveillance or monitoring devices as a condition of parole;⁵
6. is under guardianship, treatment, or confinement due to being mentally incompetent;
7. has been adjudicated, is under treatment, or is under confinement as a drug addict;⁶ or
8. is in the U.S. illegally (an “alien”).⁷

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a restraining order against him/her that meets certain requirements or if s/he has been convicted of a felony or domestic violence misdemeanor. Go to Federal Gun Laws to get more information.

¹ RI Gen. Laws §§ 11-47-5(a); 11-47-2(5)
² RI Gen. Laws §§ 11-47-5(a); 12-29-5; 12-29-2
³ ​RI Gen. Laws § 11-47-5(a)
⁴ RI Gen. Laws § 11-47-5(b)
⁵ RI Gen. Laws § 11-47-5(c)
⁶ RI Gen. Laws § 11-47-6
⁷ RI Gen. Laws § 11-47-7(a)

Maybe. Rhode Island law says that the judge can issue “any” temporary ex parte order that s/he believes is necessary to protect you from abuse.¹ If you are thinking about asking for this to be included in your ex parte order, it may be helpful to list the known firearms that s/he has (or the possible access to firearms) in your petition and specifically request that the abuser be prohibited from possessing firearms while your temporary order is in effect.

If the judge does not include this restriction in your temporary order, then you may have to wait until a final order is issued.

¹ RI Gen Laws § 8-8.1-4(a)(1)

Here are a few things that may help:

• If the abuser has a gun, tell the judge how many guns s/he has, and if s/he has ever threatened you with a gun;
• Ask the judge to specifically write in your restraining order that the abuser cannot own, buy or have a gun while the order is in effect; and
• Before leaving the courthouse, check to make sure that the gun restriction is written on your order.

It also may be helpful if the judge explains what will happen to the abuser’s guns, who will take them, and where they will be held once you leave the courthouse. If the judge agrees to add language that the abuser cannot keep his/her guns while the restraining order is in effect, you may also want to ask that the judge:

• Require the abuser to give his/her guns to the police, or require the police to go to the abuser’s house and get them;
• Make it clear to both you and the abuser how long the guns will be kept away from the abuser; and
• Order that the police notify you when the guns are returned to the abuser.

Rhode Island state law says that a person cannot have or buy a firearm if s/he has been convicted of or has pled “no contest” to certain crimes. Firearm possession if prohibited if the abuser:

• has been convicted of a “crime of violence” in Rhode Island or elsewhere. “Crimes of violence” include any of the following crimes or an attempt to commit any of them:

  • murder;
  • manslaughter;
  • rape;
  • first or second degree sexual assault;
  • first or second degree child molestation;
  • kidnapping;
  • first or second degree arson;
  • mayhem;
  • robbery;
  • burglary;
  • breaking and entering;
  • any felony violation involving the illegal manufacture, sale, or delivery of a controlled substance; possession with intent to manufacture, sell, or deliver a controlled substance; or conspiracy to commit manufacture, sell, or deliver a controlled substance;
  • assault with a dangerous weapon;
  • assault or battery involving grave bodily injury;
  • assault with intent to commit any offense punishable as a felony;
  • conviction of a domestic violence offense punishable as a felony;¹
• was convicted of –or pled “no contest” (“nolo contendere”) to– in Rhode Island or elsewhere:
  • a felony domestic violence crime that is listed here;² or
  • one of the following misdemeanor domestic violence crimes:
    • simple assault;
    • cyberstalking and cyberharassment;
    • violation of a protective order (as explained in section(a)(10)); or
    • disorderly conduct but only if the offense involves the:
      • the use of force;
      • the attempted use of force; or
      • the threatened use of a dangerous weapon;
• is a fugitive from justice;³
• is in “community confinement” or otherwise subject to electronic surveillance or monitoring devices as a condition of parole.⁴

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if s/he has been convicted of a felony or domestic violence misdemeanor. Go to Federal Gun Laws to get more information.

¹ RI Gen. Laws §§ 11-47-5(a); 11-47-2(5)
² RI Gen. Laws §§ 11-47-5(a); 12-29-5; 12-29-2
³ ​RI Gen. Laws § 11-47-5(a)
⁴ RI Gen. Laws § 11-47-5(c)

If you think the abuser is violating state firearm laws, you can call your local police or sheriff department or the state police.  If you think the abuser is violating federal firearm laws, you can call the Bureau of Alcohol, Tobacco and Firearms (ATF). 

You can find contact information for sheriff departments in your area on our RI Sheriff Departments page.

You can find ATF field offices in Rhode Island on the ATF website.  For reporting illegal firearm activity, a person can also call 1-800-ATF-GUNS (1-800-283-4867).  Many ATF offices have victim advocates on staff (called “victim/witness coordinators”) and so perhaps you may ask to speak one of these advocates if you are having a hard time connecting with (or receiving a call back from) an ATF officer. 

A local domestic violence organization in your area may also be able to answer your questions and assist you in talking to the necessary law enforcement officials. You will find contact information for organizations in your area on our RI Advocates and Shelters page. 

Note: Generally, the abuser does not have to have knowledge of the law in order to be arrested for breaking the law.  If the abuser has or buys a gun in violation of the law, the abuser can be arrested, whether or not s/he knows that s/he was in violation of the law.¹ 

¹ United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)

In Rhode Island, the penalty for possessing a gun if any of the following circumstances apply can be incarceration for 2 to 10 years:

• has  been convicted of a “crime of violence” in Rhode Island or elsewhere;
• is in “community confinement” or otherwise subject to electronic surveillance or monitoring devices as a condition of parole; or
• is a fugitive from justice.¹

If you have a restraining order against the abuser and s/he fails to surrender his/her firearm after being ordered to do so by the judge, s/he can be found in contempt.  The penalty for contempt, which is a misdemeanor crime, can be a fine of up to $1,000, imprisonment for up to 1 year, or both.²

In addition, anyone who owns, has or buys a gun in violation of the federal firearm laws (which prohibit gun possession by someone who is the respondent on a restraining order or who was convicted of a felony or domestic violence misdemeanor) can be punished by a fine, jail time for up to 10 years, or both.³  Go to Federal Gun Laws for more information.

¹ RI Gen Laws § 11-47-5(a),(c),(d)
² RI Gen Laws §§ 15-15-3(h)(1),(i)(1); 8-8.1-3(g),(j)
³ See 18 USC § 924(a)(2)

Even if the abuser has not been convicted or a crime and doesn’t have a restraining order issued against him/her, s/he cannot have or buy a gun for the following other reasons according to Rhode Island state law:

• is a fugitive from justice;¹
• is under guardianship, treatment, or confinement due to being mentally incompetent;
• has been adjudicated, is under treatment, or is under confinement as a drug addict;² or
• is in the U.S. illegally (an “alien”).³

If any of these apply to your situation, please talk to an advocate in your area about how this law is being enforced. If none of these situations apply, you can still make a plan for your safety. See our Safety Planning page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our RI Advocates and Shelters page to find a local domestic violence organization near you.

For additional information on gun laws in Rhode Island, you can go to the Giffords Law Center website.

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.

¹ ​RI Gen. Laws § 11-47-5(a)
² RI Gen. Laws § 11-47-6
³ RI Gen. Laws § 11-47-7(a)