§ 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.
(b) No person shall purchase, carry, transport, or have in his or her possession any firearm if that person is subject to an order issued pursuant to chapter 15 of title 15, chapter 8.1 of title 8, or an equivalent order in this state or elsewhere, which order was issued after the person restrained has received notice of the proceedings and had an opportunity to be heard.
(c) No person who is in community confinement pursuant to the provisions of § 42-56-20.2, or who is otherwise subject to electronic surveillance or monitoring devices as a condition of parole, shall purchase, carry, transport, or have in his or her possession any firearm. This subsection shall not apply to any person who has not been convicted of (or pleaded guilty or nolo contendere to) a crime of violence in a court of competent jurisdiction.
(d) Every person violating the provisions of this section shall, upon conviction, be punished by imprisonment for not less than two (2) nor more than ten (10) years; and for penalties provided in this section he or she shall not be afforded the benefit of suspension or deferment of sentence nor of probation.
History of Section.P.L. 1927, ch. 1052, § 3; G.L. 1938, ch. 404, § 3; G.L. 1956, § 11-47-4; G.L., § 11-47-5, as enacted by P.L. 1959, ch. 75, § 1; P.L. 1968, ch. 183, § 2; P.L. 1995, ch. 50, § 1; P.L. 1996, ch. 275, § 1; P.L. 2017, ch. 374, § 2; P.L. 2017, ch. 385, § 2.
Structure Rhode Island General Laws
Section 11-47-1. - Short title.
Section 11-47-2. - Definitions.
Section 11-47-3. - Carrying dangerous weapons or substances when committing crime of violence.
Section 11-47-3.1. - Carrying a stolen firearm when committing a crime of violence.
Section 11-47-3.2. - Using a firearm when committing a crime of violence.
Section 11-47-4. - Being armed prima facie evidence of intention.
Section 11-47-5. - Possession of firearms by certain persons prohibited.
Section 11-47-5.1. - Larceny of a firearm.
Section 11-47-5.2. - Possession of a stolen firearm.
Section 11-47-5.3. - Surrender of firearms by persons convicted of domestic violence offenses.
Section 11-47-5.4. - Surrender of firearms after domestic violence offenses.
Section 11-47-6. - Mental incompetents and drug addicts prohibited from possession of firearms.
Section 11-47-7. - Possession of firearm by alien.
Section 11-47-8. - License or permit required for carrying pistol — Other weapons prohibited.
Section 11-47-8.1. - Modification of semi-automatic weapon.
Section 11-47-9. - Persons exempt from restrictions.
Section 11-47-9.1. - Additional exemptions.
Section 11-47-10. - License or permit not required to carry to target range.
Section 11-47-11. - License or permit to carry concealed pistol or revolver.
Section 11-47-12. - License or permit fee.
Section 11-47-13. - Revocation of license or permit.
Section 11-47-14. - Licenses and permits to banks and carriers.
Section 11-47-15. - Proof of ability required for license or permit.
Section 11-47-15.2. - Definitions of law enforcement firing positions.
Section 11-47-15.3. - Commission on law enforcement standards and training.
Section 11-47-16. - Certification of qualification.
Section 11-47-19. - Machine gun manufacturers’ licenses or permits.
Section 11-47-20. - Sale or possession of silencers.
Section 11-47-20.1. - Armor-piercing bullets.
Section 11-47-20.2. - Possession during commission of a felony.
Section 11-47-20.3. - Injury or death of law enforcement officer.
Section 11-47-20.4. - Body armor.
Section 11-47-21. - Restrictions on possession or carrying of explosives or noxious substances.
Section 11-47-22. - Forfeiture and destruction of unlawful firearms.
Section 11-47-23. - False information in securing firearm or license — Straw purchases.
Section 11-47-24. - Alteration of marks of identification on firearms.
Section 11-47-25. - Antique firearms and collections.
Section 11-47-26. - Penalties for violations.
Section 11-47-27. - Standard of proof under §§ 11-47-1 — 11-47-34.
Section 11-47-28. - Arrest and detention for possession of firearms.
Section 11-47-29. - Certification of conviction of alien.
Section 11-47-30. - Transfer or delivery of firearms to minors.
Section 11-47-31. - Sale, transfer or delivery of ammunition to minors.
Section 11-47-32. - Possession of ammunition by minor.
Section 11-47-33. - Possession of firearms by minors.
Section 11-47-34. - [Repealed.]
Section 11-47-35.1. - Persons exempt from § 11-47-35.
Section 11-47-35.2. - Sale of rifles/shotguns.
Section 11-47-35.3. - Annual report on application process administration.
Section 11-47-36. - Purchase of concealable firearms from out of state dealers.
Section 11-47-37. - Sale to minors and others forbidden.
Section 11-47-37.1. - Persons exempt from age restrictions.
Section 11-47-38. - Dealers to be licensed.
Section 11-47-39. - Issuance and conditions of dealer’s license.
Section 11-47-40. - Register of sales of firearms — Display of firearms.
Section 11-47-41. - Government firearm registration prohibited.
Section 11-47-42. - Weapons other than firearms prohibited.
Section 11-47-43. - Collectors and police officers exempt from § 11-47-42.
Section 11-47-44. - Standard of proof under §§ 11-47-42 and 11-47-43.
Section 11-47-45. - Arrest and detention for possession of weapon prohibited by § 11-47-42.
Section 11-47-46. - Sections 11-47-42 — 11-47-45 inapplicable to firearms.
Section 11-47-47. - Display of weapons.
Section 11-47-48. - Report of gunshot wounds.
Section 11-47-48.1. - Report of lost or stolen weapons.
Section 11-47-49. - Firing across highways prohibited.
Section 11-47-49.1. - Firing in Blackstone Valley Flood Plain prohibited.
Section 11-47-50. - Firing without landowner’s permission — Firing in compact area.
Section 11-47-51. - Loaded rifles and shotguns in vehicles and roadways.
Section 11-47-52. - Carrying of weapon while under the influence of liquor or drugs.
Section 11-47-53. - Limitation of prosecutions under §§ 11-47-49 — 11-47-52 — Fines.
Section 11-47-54. - Licensing of shooting galleries.
Section 11-47-55. - Enforcement of chapter.
Section 11-47-56. - Constitutionality.
Section 11-47-57. - “Mace” or similar substances.
Section 11-47-58. - Firearms — State preemption.
Section 11-47-59. - Possession of knife during commission of crime.
Section 11-47-60. - Possession of firearms on school grounds.
Section 11-47-60.1. - Safe storage.
Section 11-47-60.2. - Possession of weapons on school grounds — Notification.
Section 11-47-60.3. - Trigger lock required.
Section 11-47-61. - Drive-by shootings.
Section 11-47-62. - Rifle ranges — Immunity from prosecution — Criminal or civil.