Throughout these gun law pages, we will refer to gun laws that make it illegal for someone convicted of a felony to have a gun. A felony is a more serious crime than a misdemeanor. Rhode Island law defines a felony as a crime that can be punished by:

• more than one year in prison; or
• a fine of more than $1,000.¹ 

However, you can’t always tell if someone was convicted of a felony just by how long they were in prison. Sentences are often reduced or shortened if someone pleads guilty. If you’re not sure whether the person was convicted of a felony, you can ask the prosecutor or try to check the records at the local criminal courthouse.

¹ R.I. Gen Laws § 11-1-2

A crime of violence means that the person committed or attempted to commit one of the following crimes:

• murder;
• manslaughter;
• rape;
• sexual assault in the first or second degree;
• child molestation in the first or second degree;
• kidnapping;
• arson in the first or second degree;
• “mayhem,” which means mutilating or disabling someone on purpose¹;
• robbery;
• burglary;
• breaking and entering;
• a felony involving:
  
  • the illegal making, selling, or delivery of drugs (a “controlled substance”);
  • having drugs with the plan to make, sell, or deliver them; or
  • planning with others (conspiring) to make, sell, or deliver drugs;
• assault with a dangerous weapon;
• assault or battery involving grave bodily injury;
• assault with the intent to commit a felony; or
• a domestic violence felony.²

¹ R.I. Gen. Laws § 11-29-1
² R.I. Gen. Laws § 11-47-2

Rhode Island law says the judge can issue any temporary order that s/he believes is necessary to protect you from abuse.¹ If you want the judge to order the abuser to not have guns as part of your temporary ex parte order, there are steps you can take to make this more likely. It can help to list any guns you know the abuser has or can get. You can write these down in your petition. You can ask the judge to make the abuser give any guns to the police and not have guns while your temporary order is in effect.

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

¹ R.I. Gen Laws §§ 8-8.1-4(a)(1); 15-15-4(a)(1)

Here are some 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 one;
• Ask the judge to make it clear in your order that the abuser can’t own, buy, or have a gun while the order is in effect; and
• Before leaving the courthouse, make sure that the gun restriction is written on your order.

It may also be helpful if the judge explains what will happen to the abuser’s guns after court. If the judge agrees to take away the guns, you can also ask the judge to:

• require the abuser to give his/her guns to the police or allow the police to go to the abuser’s house and take them;
• clearly state how long the guns will be kept away from the abuser; and
• order the police to inform you when the guns are returned to the abuser.

Rhode Island law says that a person can’t have or buy a firearm if s/he was convicted of or pled “no contest” (“nolo contendere”) to certain crimes in Rhode Island or similar crimes elsewhere. This includes if the person was:

• convicted of a crime of violence;¹
• convicted of or pled “no contest” to a domestic violence felony, which includes:
  • felony assault;
  • kidnapping;
  • child-snatching;
  • sexual assault in the first or second degree;
  • homicide, which includes murder or manslaughter;
  • stalking;
  • burglary and breaking and entering, which includes:
    • attempted breaking and entering;
    • unlawful breaking and entering of a dwelling house;
    • unlawful breaking and entering of dwelling with possession of instruments relating to wrongful setting of fires; and
    • breaking and entering of a dwelling when resident on premises;
  • arson in the first, second, third, fourth, fifth, or sixth degree; and
  • strangulation;²
• convicted of or pled “no contest” to three or more repeated domestic violence misdemeanors, which gets punished as a felony^;3
• convicted of one of the following domestic violence misdemeanors:
  • simple assault;
  • cyberstalking and cyberharassment;
  • violation of a protective order, as explained in section 12-29-2(a)(10); or
  • disorderly conduct if it involved force, attempted force, or a threat with a weapon;⁴

It is also illegal for the abuser to have a gun if s/he is:

• a fugitive from justice, meaning the person fled any state to avoid being prosecuted or to avoid testifying in any criminal case;⁵ or
• in community confinement or being monitored electronically as part of parole.⁶

Federal law, which applies to all states, also bans an abuser from having a gun if s/he was convicted of any felony or a domestic violence misdemeanor.⁷ Go to Federal Gun Laws to get more information.

¹ R.I. Gen. Laws §§ 11-47-5(a)(1); 11-47-2(5)
² R.I. Gen. Laws §§ 11-47-5(a)(3); 12-29-5(d), (g); 12-29-2(a)(2), (a)(6)-(9), (a)(11), (a)(13)-(14), (a)(16)
³ R.I. Gen. Laws §§ 11-47-5(a)(3); 12-29-5(c)(1)(ii), (d), (g), (h)
⁴ R.I. Gen. Laws §§ 11-47-5(a)(4); 12-29-5(d), (h); 12-29-2(a)(1), (a)(15), (a)(10), (a)(4)
⁵ R.I. Gen. Laws §§ 11-47-5(a)(2); 11-47-2(7)
⁶ R.I. Gen. Laws § 11-47-5(c)
⁷ 18 U.S.C. § 922(g)(1), (g)(9)

If you believe the abuser broke the law by having a gun, you can report it to the police. You don’t have to know which specific law the abuser broke or whether it’s a state or federal law to tell the police. However, you should know that the local or state police can only arrest someone for breaking a state law. They cannot arrest someone for breaking a federal law. Only federal law enforcement can do that. The Bureau of Alcohol, Tobacco, and Firearms (ATF) is the federal agency that deals with gun issues.

The chart below shows what the local police can do, depending on whether they think the abuser broke a state or federal gun law.

If you believe the abuser broke a federal law, you can also report it to the ATF yourself. To learn how, go to How do I contact the ATF to report a federal gun crime? If the abuser broke state and federal laws, s/he might be prosecuted in both state and federal courts. 

A local domestic violence organization may also be able to answer your questions and help you contact the right law enforcement officers. You can find contact information for organizations in your area on our Rhode Island Advocates and Shelters page. 

Note: A person generally does not have to be aware of a law in order to be arrested for breaking it. If the abuser has, buys, or tries to get a gun illegally, s/he can be arrested, even if s/he didn’t know it was against the law.¹ 

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

Buying a gun from a licensed gun seller

Anyone who wants to buy a gun from a licensed gun seller, also called a firearms dealer, must first pass a criminal background check. This background check is done through the National Instant Criminal Background Check System (NICS). A licensed gun seller will use the NICS to quickly check if someone can legally buy, have, and transport guns.¹

If the abuser was convicted of a felony or a domestic violence misdemeanor in any state or territory, or if s/he has a qualifying protection order against him/her, those records should be in the NICS. This should prevent the abuser from legally buying a gun. However, not all states automatically put their records in NICS. This makes it more difficult to do a complete criminal background check. Sometimes criminals and abusers might slip through the system.

Buying a gun from a private seller or online

Someone who wants to buy a gun from a private seller or an online seller doesn’t have to go through a background check. Private and online gun sellers don’t use the NICS.

Note: Just because someone was able to buy a gun, it doesn’t always mean s/he is allowed to have one. If you think the abuser has a gun but shouldn’t, you can report it to the police. You can ask them to take the abuser’s gun away. Hopefully, the police will investigate the situation. You might also want to create a safety plan, which could include filing for a restraining order. An advocate at your local domestic violence organization may be able to help you design a personalized safety plan. 

¹ National Criminal Justice Reference Service website

When an abuser has a gun, it makes it more likely that s/he could hurt or kill someone.¹ So, it’s important to think about your safety.

Sometimes, the abuser might legally have a gun, or s/he might find ways to get one illegally. If you think the abuser has a gun when s/he shouldn’t, you might consider telling law enforcement. To learn more about this option, go to If I think the abuser has a gun illegally, who do I report it to?

Also, if the abuser works for law enforcement, the military, or the government, s/he may still legally be able to use a gun for his/her job. To understand how the federal gun laws work in these situations, read The abuser uses a gun for his/her job. Does the law still apply? If you’re in this situation, you may face special risks. To learn more about the risks and ways to be safe, go to our When the Abuser is in Law Enforcement section.

Even if you are not sure if the abuser can access a gun, you may want to think about safety planning to keep yourself as safe as possible. Sometimes this might include filing for a restraining order. Sometimes a safety plan might include leaving the area or going someplace the abuser doesn’t know, like a domestic violence shelter. We have tips on our Safety Planning pages, and you can contact an advocate at your local domestic violence organization who might help you create a personalized plan. See our Rhode Island Advocates and Shelters page to find domestic violence organizations near you.

¹ See Everytown for Gun Safety’s report on Guns and Violence Against Women