Gun laws in Rhode Island regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Rhode Island.
Gun laws in Rhode Island regulate the sale, possession, and use of firearms and ammunition in the U.S. state of 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 (R.I. Hunter Safety Education card is equivalent). 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. [1] |
| Firearm registration? | No | No | RI Gen. Stat. 11–47–41 | Explicitly illegal under state law. |
| 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 office 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 law enforcement officer. 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 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. [2] 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 only expressly permitted for those with a pistol permit issued by the attorney general. Open carry of loaded long guns along public roadways is prohibited by law. |
| Vehicle carry? | No | Yes | RI Gen. Stat. 11–47–8 | Permitted with a valid Rhode Island Pistol 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? | N/A | Vehicle carry only | RI Gen. Stat. 11–47–8 | Non-residents may carry in a vehicle with a valid carry permit issued by another state while traveling through Rhode Island without any intent to stop while in the state. |
| 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 while in one's 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 while in a vehicle. FOPA is observed. |
| Background checks required for private sales? | Yes | Yes | RI Gen. Stat. 11–47–35 RI Gen. Stat. 11–47–8 | For all firearm transfers, the buyer must pass a background check. Exempt are active law enforcement officers and those licensed to carry a concealed firearm by RI Gen. Stat. 11–47–11. |
| Red flag law? | Yes | Yes | RI Gen. Stat.8–8.3 | 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. Some localities have adopted Second Amendment sanctuary resolutions in opposition. [3] |
| 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. Exempt are active law enforcement officers and those licensed to carry a concealed firearm by RI Gen. Stat. 11–47–11. |
Article I, Section 22 of the Constitution of Rhode Island states:
"The right of the people to keep and bear arms shall not be infringed."
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 for concealed carry only on a shall-issue basis [4] 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 and whose issued permit also allows for open carry. In practice, carry permits have been very hard to obtain from the Attorney General's Office under their strict interpretation of "proper showing of need", which has only become stricter under the current Neronha administration who will only issue to those who can prove a specific threat to the applicant's life, have a work related purpose (security guard) or are a former police officer. [5]
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 "other 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. These towns have been known to require additional requirements that are not included in state law such as attending a firearm safety course, acquiring notarized reference letters, and re-qualifying with the caliber you wish to carry every time you renew. State law does however 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. [6] [7] 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.
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. [8]
In June 2022, the United States Supreme Court ruled in New York State Rifle & Pistol Association, Inc. v. Bruen that the proper cause requirement in New York law for concealed pistol licenses was unconstitutional. In response, Rhode Island Attorney General Peter Neronha issued a statement stating that Rhode Island was already in compliance with the Bruen decision since current Rhode Island law already requires local authorities to issue on a "shall-issue" basis as required by Bruen. He additionally stated that since Rhode Islanders have a method of acquiring concealed carry licenses without a showing of need or proper cause, he could continue requiring a "showing of need" for carry permits issued by his office.
Non-resident permits can be issued by both the Attorney General's office and the local authorities of any town or city under 11–47–11, however, many localities refuse to issue to anyone who does not reside within their city or town, and instead direct them to the Attorney General in violation of state law.
Rhode Island has a moderately strong castle law, [9] limited to the inside of a dwelling, with no duty to retreat.
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 firearms is warranted. [10] [11]
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 locally issued concealed carry permit. [12]
Gun laws and policies, collectively referred to as firearms regulation or gun control, regulate the manufacture, sale, transfer, possession, modification, and use of small arms by civilians. Laws of some countries may afford civilians a right to keep and bear arms, and have more liberal gun laws than neighboring jurisdictions. Countries that regulate access to firearms will typically restrict access to certain categories of firearms and then restrict the categories of persons who may be granted a license for access to such firearms. There may be separate licenses for hunting, sport shooting, self-defense, collecting, and concealed carry, with different sets of requirements, permissions, and responsibilities.
The Sullivan Act was a gun control law in New York state that took effect in 1911. The NY state law requires licenses for New Yorkers to possess firearms small enough to be concealed. Private possession of such firearms without a license was a misdemeanor, and carrying them in public is a felony. The law was the subject of controversy regarding both its selective enforcement and the licensing bribery schemes it enabled. The act was named for its primary legislative sponsor, state senator Timothy Sullivan, a Tammany Hall Democrat.
Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon in public in a concealed manner, either on one's person or in close proximity. CCW is often practiced as a means of self-defense. Following the Supreme Court's NYSRPA v. Bruen (2022) decision, all states in the United States were required to allow for concealed carry of a handgun either permitlessly or with a permit, although the difficulty in obtaining a permit varies per jurisdiction.
Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon, either in proximity to or on one's person or in public places in a manner that hides or conceals the weapon's presence from surrounding observers. In the United States, the opposite of concealed carry is called open carry.
Gun laws in California regulate the sale, possession, and use of firearms and ammunition in the state of California in the United States.
Gun laws in New York regulate the sale, possession, and use of firearms and ammunition in the U.S. state of New York, outside of New York City which has separate licensing regulations. These regulations are very strict in comparison to the rest of the United States.
Gun laws in Connecticut regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Connecticut. Gun laws in Connecticut are amongst the most restrictive in the country. Connecticut requires training, background check and permitting requirements for the purchase of firearms and ammunition; and a ban on certain semi-automatic firearms defined as "assault weapons" and magazines that can hold more than 10 rounds. Connecticut's licensing system for concealed carry is relatively permissive.
Gun laws in Hawaii regulate the sale, possession, and use of firearms and ammunition in the state of Hawaii, United States. Hawaii's gun laws are among the most restrictive in the country.
Gun laws in Idaho regulate the sale, possession, and use of firearms and ammunition in the state of Idaho in the United States.
Gun laws in Indiana regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Indiana. Laws and regulations are subject to change.
Gun laws in Kansas regulate the sale, possession, and use of firearms and ammunition in the state of Kansas in the United States.
Gun laws in Maryland regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Maryland.
Gun laws in Massachusetts regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Massachusetts in the United States. These laws are among the most restrictive in the entire country.
Gun laws in Michigan regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Michigan.
Gun laws in New Jersey regulate the sale, possession, and use of firearms and ammunition in the U.S. state of New Jersey. New Jersey's firearms laws are among the most restrictive in the country.
Gun laws in North Dakota regulate the sale, possession, and use of firearms and ammunition in the state of North Dakota in the United States.
Gun laws in South Dakota regulate the sale, possession, and use of firearms and ammunition in the state of South Dakota in the United States.
Peruta v. San Diego, 824 F.3d 919, was a decision of the United States Court of Appeals for the Ninth Circuit pertaining to the legality of San Diego County's restrictive policy regarding requiring documentation of "good cause" that "distinguish[es] the applicant from the mainstream and places the applicant in harm's way" before issuing a concealed carry permit.
The history of concealed carry in the United States is the history of public opinion, policy, and law regarding the practice of carrying concealed firearms, especially handguns.
New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022), abbreviated NYSRPA v. Bruen and also known as NYSRPA II or Bruen to distinguish it from the 2020 case, is a landmark decision of the United States Supreme Court related to the Second Amendment to the United States Constitution. The case concerned the constitutionality of the 1911 Sullivan Act, a New York State law requiring applicants for a pistol concealed carry license to show "proper cause", or a special need distinguishable from that of the general public, in their application.