Legal Information: Rhode Island

State Gun Laws

Updated: 
May 26, 2017

I have a temporary restraining order against the abuser. Can his/her gun be taken away?

Maybe, but not likely.  Rhode Island law does not prohibit an abuser who has a temporary restraining order against him/her from possessing a firearm.  However, you may be able to request in your temporary restraining order petition that the judge prohibit the abuser from possessing a gun while the order is in effect just in case the judge is willing to include this.  It may be helpful if you list the known firearms that s/he has (or the possible access to firearms) and specifically request in your paperwork that the abuser be prohibited from possessing firearms while your temporary order is in effect.  

Federal law may also prohibit the abuser from having a firearm while a temporary order is in effect.  If the judge gave you an ex parte temporary restraining order (which means that no advance notice was given to the abuser), which is commonly done, it could still be legal for him/her to have a gun under federal law.  However, if the judge scheduled a court hearing and gave notice of the hearing to the abuser before giving you the temporary restraining order, it is possible that it is illegal for him/her to have a gun under federal law.  The restraining order must also meet certain other requirements, though.  Read I have a final order of protection against the abuser. Can his/her gun be taken away? (in our Federal Gun Laws section) to find out more.