Know the Laws: Rhode Island
UPDATED November 21, 2008
WomensLaw.org strongly recommends that you get in touch with a domestic violence advocate in your community for more information on gun laws in your area. Go to the RI State and Local Programs page to find help.
- Guns and Restraining Orders
- I have a Restraining Order against my abuser. Can s/he keep a gun or buy a new gun?
- If my abuser is not an "intimate partner" according to the Federal definition, can my abuser's gun still be taken away when I get a Restraining order?
- Is there anything I can do to make it more likely that my abuser's gun is taken away when I get a Restraining Order (RO)?
- I have a Temporary order against my abuser. Do I have to wait until I receive a Final order before my abuser's gun is taken away?
- More Information and Where to Get Help
- Guns and Criminal Convictions
- Basic Info
Guns and Restraining Orders
back to topI have a Restraining Order against my abuser. Can s/he keep a gun or buy a new gun?
No. According to Federal law, if you have a Restraining Order (RO) that was issued by a state civil court against your abuser and meets Federal law requirements, your abuser cannot have a gun in his possession, or buy a new gun.*
In order for your RO to qualify under Federal law, the defendant (person who the order is against) must:
- Be served (given) notice of the court hearing. In other words, the defendant must have been given paperwork that told him or her about the hearing.
- Have an opportunity to attend the court hearing. Note: The abuser does not have to be at the hearing, but s/he has to have the opportunity to come to the hearing.
- Be an "intimate parter" of the victim, which includes:
- A current or former spouse
- A person with whom you share a child
- A person you live with or have lived with in the past**
Note: If your RO has expired, it is no longer a valid order under Federal law, which means the firearm ban also does not apply.
Note: This law may not apply to law enforcement officials, military personnel, and other government employees who use guns while performing official duties.*** If your abuser is a police officer, member of the military, or someone else who uses a gun for their job, talk to your local domestic violence program about your options. See RI State and Local Programs to find a program in your area.
* 18 USC Sec. 922 (g)(8)
** 18 USC 921 (a)(32)
*** 18 USC Sec. 925 (a)(1)
back to topIf my abuser is not an "intimate partner" according to the Federal definition, can my abuser's gun still be taken away when I get a Restraining order?
Yes. If your abuser is not an "intimate partner" according to the Federal definition, you can still ask the Judge to include a provision in your order that forbids your abuser to have, own or buy a gun. It will be up to the Judge to decide whether or not to include this restriction in your order.
back to topIs there anything I can do to make it more likely that my abuser's gun is taken away when I get a Restraining Order (RO)?
While it does not need to be written on your RO that your abuser cannot own, buy or have a gun in order for the Federal law to be enforced, it may make it easier if it is written. Rhode Island state law does not specifically say that a person who has a RO against them cannot own or buy a gun, which means it is not always clear to law enforcement officials that your abuser's gun should be taken away when the RO is issued. However, there are a couple steps you can take to help make this clear:
- If your abuser has a gun, tell the judge how many guns he has, and if he has ever threatened you with a gun(s).
- Ask the judge to specifically write in your Restraining order that your abuser cannot own, buy or have a gun while the order is in effect.
- 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 your abuser cannot keep his guns while the Restraining order is in effect, you may also want to ask that the judge:
- Require the abuser to give his 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 your abuser.
- Order that the police notify you when the guns are returned to your abuser.
back to topI have a Temporary order against my abuser. Do I have to wait until I receive a Final order before my abuser's gun is taken away?
Maybe. You can ask the Judge to write in your temporary order that your abuser cannot have a gun while you are waiting for a full court hearing. If the judge sees your abuser's firearm as a serious enough threat, the judge might decide to write this in.
However, if there is no specific mention of a firearm restriction in the temporary order, then you may have to wait until you are given a permanent order.