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Legal Information: Rhode Island

State Gun Laws

Laws current as of July 19, 2024

If the abuser's gun is taken away as part of my restraining order, what will happen to it?

If the abuser is ordered to surrender his/her firearms as part of your restraining order, the judge will order him/her to surrender the possession of the firearm(s) to:

  • someone who is not related to the defendant by blood, marriage, and is not an intimate partner1 (and this person is prohibited by law from returning the firearms to the abuser at any point while the restraining order is still valid);2
  • the Rhode Island state police or local police department; or
  • a licensed gun dealer.1

If the abuser is present at the restraining order hearing, s/he must surrender of the firearms within twenty-four hours of the judge issuing the order. If the abuser is not present at the hearing, s/he has forty-eight hours after being served with the order to surrender the firearms. If the abuser chooses to surrender the firearms to someone s/he knows or to a licensed gun dealer, s/he has to file a receipt with the court within 72 hours, showing that firearms were surrendered.1

1 RI Gen Laws §§ 8-8.1-3(d); 15-15-3(d)
2 RI Gen Laws §§ 8-8.1-3(b); 15-15-3(b)