Gun laws in Rhode Island
|Subject/Law||Long guns||Handguns||Relevant Statutes||Notes|
|State permit required to purchase?||No||Yes||RI Gen. Stat. 11–47–35||All purchasers of handguns must complete and pass a safety exam managed by the RI Department of Environmental Management, at which time they will receive a DEM issued "blue card" allowing purchase. Exempt are active duty military members, active and retired law enforcement officers, correctional officers, and persons licensed to carry a concealed firearm by RI Gen. Stat. 11–47–11.|
|Firearm registration?||No||No||RI Gen. Stat. 11–47–41|
|Assault weapon law?||No||No||None|
|Owner license required?||No||No||None|
|License required for concealed carry?||N/A||Yes||RI Gen. Stat. 11–47–11
RI Gen. Stat. 11–47–18
|Rhode Island is a hybrid "shall issue" and "may issue" state for carry. Licenses may be granted either by local authorities or by the state's attorney general's office. Licenses granted by local authorities are "shall issue" while those issued by the attorney general's officer are "may issue" under state law. Until recently, most local authorities had been deferring to the attorney general which effectively blocks most issuance, unless one is a retired LEO.
The practice of not issuing permits on a true 'shall issue' basis has been the subject of recent litigation. In April 2015, the Rhode Island Supreme Court has ruled that a police chief must accept and review carry permit applications and must render a decision and the reasons for that decision. More significantly, the court ruled that the issuing authority must "show cause" for denying an applicant a carry license.
Permits issued by local authorities and the Attorney General's office are valid for concealed carry statewide.
|License required for open carry?||No||Yes||RI Gen. Stat. 11–47–18||Open carry of handguns is permitted for only those with a carry permit issued by the attorney general. Open carry not permitted for those whose handgun carry permits were issued by local authorities. Long gun open carry with or without a permit is not prohibited by law.|
|Vehicle carry?||No||Yes||RI Gen. Stat. 11–47–8||Permitted with a valid Rhode Island Handgun Carry Permit. Non-residents may carry in a vehicle with a valid concealed carry permit issued by another state while traveling through Rhode Island without any intent to stop while in the state.|
|Out-of-state permits recognized?||No||Vehicle carry only||None|
|State preemption of local restrictions?||Yes||Yes||RI Gen. Stat. 11–47–58|
|Castle Doctrine Law?||Yes||Yes||RI Gen. Stat. 11–8–8||No duty to retreat if you are in your home|
|NFA weapons restricted?||Yes||Yes||RI Gen. Stat. 11–47–8
RI Gen. Stat. 11–47–20
|It is a violation of state law to possess any NFA weapon or silencers with the exception of Class III FFLs.|
|Peaceable Journey laws?||No||Yes||RI Gen. Stat. 11–47–8||One may possess a loaded handgun in a motor vehicle without a RI permit as long as one possesses a carry permit from another state and is merely transiting through Rhode Island without any unnecessary stops. Long guns must be unloaded in a vehicle. FOPA is observed.|
|Background checks required for private sales?||Yes||Yes||For all firearm transfers, the buyer must pass a background check.|
|Red flag law?||Yes||Yes||The police may petition the Superior Court to issue an extreme risk protection order if they receive credible information of a significant and imminent risk. A judge may issue a temporary gun-removal order, but a hearing is required within 14 days to determine if a one-year ban on buying or possessing a firearm is warranted.|
|Waiting period?||Yes||Yes||RI Gen. Stat. 11–47–35||After purchasing a firearm, the waiting period before the buyer can take possession is 7 days.|
Rhode Island is a hybrid shall/may issue state. The "local licensing authority" of each town (police chief or town council if the locality has no police force) is given the authority to grant carry licenses on a shall-issue basis but until recently, many police chiefs and town officials had refused to issue. Often an applicant will be referred to the attorney general which is a "may issue" licensing authority. In practice, carry permits are very hard to obtain from the Attorney General's Office without demonstration of a specific threat on the applicant's life that justifies the need for a license to carry.
However, the "shall" nature of the applicable statute is confusing, stating that the applicant should have "good reason to fear an injury to his or her person or property or has any other proper reason for carrying a pistol or revolver". Some local police chiefs disregard the "proper reason" clause and require a letter of need. Most local police chiefs also use the AG's application (which does require need) and thus the chiefs simply follow suit. In the case of an attorney general's application, the local police chief has to sign one's application to verify residency, or a town hall official can sign and stamp the application to verify residency before one can submit the application to the attorney general. But, before he signs the application he may have the person applying take an NRA Safety Course from an NRA Certified Instructor within the state. State law does require an applicant for either permit to pass a skill test using the Army-L target at 25 yards, to be certified by a police official or an NRA Certified Instructor. In most cases, the AG will not issue a permit unless the demonstrated need is extremely convincing (work purposes, threat to one's life, etc.). Upon denial, applicants are offered the opportunity to appeal, requiring an interview with Bureau of Criminal Investigation staff. This often results in the issuance of a restricted permit, often for target range use. However, state law does not grant the AG the authority to issue restricted permits and state law explicitly states that carrying a firearm to a target range does not require a permit.
Recent Developments in License to Carry Policies
In April 2015, the Rhode Island Supreme Court ruled that local police chiefs must issue Licenses to Carry to qualified applicants (e.g., those who pass a background check and complete the required firearms skill training). The ruling further states that local issuing authorities must "show cause" if an applicant is denied a permit to carry, and that simply stating the applicant is "not suitable" without substantive justification is no longer a valid reason for the denial of a carry license.
Non-resident permits can theoretically be issued by any locality under 11–47–11 but it is unclear how many have ever been issued and considering the general antagonism of local police chiefs towards concealed carry, it seems unlikely that such a permit would be issued. 11–47–8 does allow an out-of-state permit carrier to carry concealed in Rhode Island as long as they are only traveling through the state.
Red flag law
Under the state's red flag law, the police may petition the Superior Court to issue an extreme risk protection order if they receive credible information of a significant and imminent risk. A judge may issue a temporary gun-removal order, but a hearing is required within 14 days to determine if a one-year ban on buying or possessing a firearm is warranted.
After purchasing a firearm, the waiting period before the buyer can take possession is 7 days, unless the buyer is a law enforcement officer or possesses a concealed carry permit.
- "11-47-35.1". www.rilin.state.ri.us. Retrieved 21 December 2017.
- "Gadomski v. Tavares", FindLaw. Retrieved September 6, 2015.
- "11-47-11". www.rilin.state.ri.us. Retrieved 21 December 2017.
- "11-47-18". www.rilin.state.ri.us. Retrieved 21 December 2017.
- "11-47-15". www.rilin.state.ri.us. Retrieved 21 December 2017.
- "11-47-16". www.rilin.state.ri.us. Retrieved 21 December 2017.
- "FindLaw's Supreme Court of Rhode Island case and opinions". Findlaw. Retrieved 21 December 2017.
- "11-8-8". www.rilin.state.ri.us. Retrieved 21 December 2017.
- Gregg, Katherine (May 31, 2018). "R.I. General Assembly Passes 'Red-Flag' Legislation on Guns". Providence Journal. Retrieved June 2, 2018.
- McGuinness, Dylan (June 1, 2018). "Raimondo Signs 'Red Flag' Bill, Bump Stock Ban Into Law". WPRI-TV. Associated Press. Retrieved June 2, 2018.
- "Waiting Periods in Rhode Island". Giffords Law Center to Prevent Gun Violence. November 14, 2017. Retrieved March 30, 2018.