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)
How can I find out if the abuser has been convicted of a crime?
Misdemeanor and felony records are usually open to the public, but they are not always easy to access. If you know which court the abuser may have been convicted in, you can go to that courthouse and ask the clerk for the records.
Federal law forbids someone from having a gun if the person was convicted of any felony or a domestic violence misdemeanor.1 Criminal records that would make a person unable to buy a gun are kept in the National Instant Criminal Background Check System (NICS). However, only law enforcement officers and licensed gun dealers can search the NICS. Your local police department might search the NICS for you if you ask, but they don’t have to.
To read more about the NICS, please see the question What will happen if the abuser tries to purchase a gun?
1 18 U.S.C. § 922(g)(1), (g)(9)