If the abuser has been convicted of a crime, can s/he keep or buy a gun?
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:
- 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)