I am a victim of domestic violence and the abuser has a gun. Is that legal?
There are different reasons why it might be illegal for someone to have a gun. According to Rhode Island law, a person cannot have or buy a gun if s/he:
- was convicted of a crime of violence;1
- was 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
- was convicted of or pled “no contest” to three or more repeated domestic violence misdemeanors, which gets punished as a felony;3
- was 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
- has a final domestic violence restraining order against him/her from family court or district court;5
- is a fugitive from justice, meaning the person fled any state to avoid being prosecuted or to avoid testifying in any criminal case;6
- is in community confinement or being monitored electronically as part of parole;7
- is mentally incompetent under guardianship, treatment, or confinement;
- has a drug addiction as determined by a court, or is being treated or confined because of it;8 or
- is in the U.S. illegally (an “alien”).9
For numbers 1-4, the convictions or pleas could be from a Rhode Island court or somewhere else.
It could also be illegal for someone to have a gun because of federal gun laws, which apply to all states. Federal law bans a person from having a gun if:
- you have a protection order against him/her that meets certain conditions;
- s/he was convicted of any felony or a domestic violence misdemeanor;
- there is another reason under federal law that makes it illegal for him/her to have a gun.10
For more details, you can go to our Federal Gun Laws page.
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(b)
6 R.I. Gen. Laws §§ 11-47-5(a)(2); 11-47-2(7)
7 R.I. Gen. Laws § 11-47-5(c)
8 R.I. Gen. Laws § 11-47-6
9 R.I. Gen. Laws § 11-47-7(a)
10 18 U.S.C. § 922(g)