English
EspañolWhat will happen to the abuser’s gun if it is taken away as part of my restraining order?
If the abuser is ordered to give up (surrender) any guns as part of your restraining order, the judge will direct him/her to give them to:
- the Rhode Island state police or local police department; or
- a licensed gun dealer. Note: The abuser may direct the dealer to sell the gun to someone else, as long as that person isn’t the abuser’s intimate partner or related to the abuser by blood or marriage. And the person cannot return the guns to the abuser while the restraining order is active.1
The abuser must turn in the guns within 24 hours of getting notice of the order.2 Within 72 hours, the abuser must file a receipt with the court proving the guns were surrendered to the police or a licensed gun dealer.3
1 R.I. Gen. Laws §§ 8-8.1-3(a)(4), (a)(4)(ii)-(iii), (b), (c); 15-15-3(a)(4), (a)(4)(ii)-(iii)
2 R.I. Gen. Laws §§ 8-8.1-3(a)(4); 15-15-3(a)(4)
3 R.I. Gen. Laws §§ 8-8.1-3(a)(4)(i)(A); 15-15-3(a)(4)(i)(A)
If I think the abuser has a gun illegally, who do I report it to?
If you believe the abuser broke the law by having a gun, you can report it to the police. You don’t have to know which specific law the abuser broke or whether it’s a state or federal law to tell the police. However, you should know that the local or state police can only arrest someone for breaking a state law. They cannot arrest someone for breaking a federal law. Only federal law enforcement can do that. The Bureau of Alcohol, Tobacco, and Firearms (ATF) is the federal agency that deals with gun issues.
The chart below shows what the local police can do, depending on whether they think the abuser broke a state or federal gun law.
| If the abuser broke a… | Then the local police can… |
|---|---|
| state gun law | arrest the abuser and hand over the case to the local prosecutor. |
| federal gun law | contact the ATF or your state’s federal prosecutor, called the U.S. Attorney. |
If you believe the abuser broke a federal law, you can also report it to the ATF yourself. To learn how, go to How do I contact the ATF to report a federal gun crime? If the abuser broke state and federal laws, s/he might be prosecuted in both state and federal courts.
A local domestic violence organization may also be able to answer your questions and help you contact the right law enforcement officers. You can find contact information for organizations in your area on our Rhode Island Advocates and Shelters page.
Note: A person generally does not have to be aware of a law in order to be arrested for breaking it. If the abuser has, buys, or tries to get a gun illegally, s/he can be arrested, even if s/he didn’t know it was against the law.1
1 United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)
How do I contact the ATF to report a federal gun crime?
To report a violation of federal gun law, you can:
- Call 1-800-ATF-GUNS (1-800-283-4867); or
- Contact the Providence field office listed on the ATF website.
Many ATF offices have victim advocates, called “victim/witness coordinators.” If you’re having trouble reaching an ATF officer, you can ask to talk to one of their advocates for help.
What will happen if the abuser tries to purchase a gun?
Buying a gun from a licensed gun seller
Anyone who wants to buy a gun from a licensed gun seller, also called a firearms dealer, must first pass a criminal background check. This background check is done through the National Instant Criminal Background Check System (NICS). A licensed gun seller will use the NICS to quickly check if someone can legally buy, have, and transport guns.1
If the abuser was convicted of a felony or a domestic violence misdemeanor in any state or territory, or if s/he has a qualifying protection order against him/her, those records should be in the NICS. This should prevent the abuser from legally buying a gun. However, not all states automatically put their records in NICS. This makes it more difficult to do a complete criminal background check. Sometimes criminals and abusers might slip through the system.
Buying a gun from a private seller or online
Someone who wants to buy a gun from a private seller or an online seller doesn’t have to go through a background check. Private and online gun sellers don’t use the NICS.
Note: Just because someone was able to buy a gun, it doesn’t always mean s/he is allowed to have one. If you think the abuser has a gun but shouldn’t, you can report it to the police. You can ask them to take the abuser’s gun away. Hopefully, the police will investigate the situation. You might also want to create a safety plan, which could include filing for a restraining order. An advocate at your local domestic violence organization may be able to help you design a personalized safety plan.
1 National Criminal Justice Reference Service website
What is the penalty for violating Rhode Island gun laws?
A penalty is the punishment someone gets for committing a crime. Below we explain the punishment included in the laws. However, the actual penalty can depend on the abuser’s prior criminal history, agreeing to a plea bargain, and many other factors. To find out what penalty the abuser might get, it’s best to ask the prosecutor handling the case.
| If the person has a gun and… | Then the penalty could be… |
|---|---|
| was convicted of a crime of violence | two to ten years in state prison.1 |
| is in community confinement or being monitored electronically as part of parole | two to ten years in state prison.1 |
| is a fugitive from justice | two to ten years in state prison.1 |
| was ordered to give up a gun in a restraining order but didn’t, and a judge ruled s/he was “in contempt” of the court order | up to one year in jail, a fine of up to $1,000, or both.2 |
To learn about the penalty for having a gun in violation of federal law, visit Will the abuser go to jail for having a gun when s/he isn’t supposed to? on our Federal Gun Laws page.
1 R.I. Gen. Laws § 11-47-5(a), (c), (d)
2 R.I. Gen. Laws §§ 15-15-3(h)(1), (i)(1); 8-8.1-3(g), (j)
