English
EspañolI do not have a restraining order against the abuser and s/he has not been convicted of a crime. Can s/he have a gun?
Even if the abuser has not been convicted of a crime and doesn’t have a restraining order against him/her, it could still be illegal for him/her to have a gun for other reasons. According to Rhode Island law, a person also cannot have or buy 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 proceeding;1
- is mentally incompetent and under guardianship, treatment, or confinement;
- has a drug addiction, as determined by a court, or for which s/he is being treated or confined;2 or
- is in the U.S. illegally (an “alien”).3
For more information on Rhode Island gun laws, you can go to the Giffords Law Center website.
Also, federal laws, which apply to all states, can restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.
If you believe the abuser has a gun when s/he shouldn’t, you can talk to law enforcement or a domestic violence advocate. To learn more, go to If I think the abuser has a gun illegally, who do I report it to? and I’m worried the abuser has a gun or is planning to get one. What can I do to protect myself?
1 R.I. Gen. Laws §§ 11-47-5(a); 11-47-2(7)
2 R.I. Gen. Laws § 11-47-6
3 R.I. Gen. Laws § 11-47-7(a)
I’m worried the abuser has a gun or is planning to get one. What can I do to protect myself?
When an abuser has a gun, it makes it more likely that s/he could hurt or kill someone.1 So, it’s important to think about your safety.
Sometimes, the abuser might legally have a gun, or s/he might find ways to get one illegally. If you think the abuser has a gun when s/he shouldn’t, you might consider telling law enforcement. To learn more about this option, go to If I think the abuser has a gun illegally, who do I report it to?
Also, if the abuser works for law enforcement, the military, or the government, s/he may still legally be able to use a gun for his/her job. To understand how the federal gun laws work in these situations, read The abuser uses a gun for his/her job. Does the law still apply? If you’re in this situation, you may face special risks. To learn more about the risks and ways to be safe, go to our When the Abuser is in Law Enforcement section.
Even if you are not sure if the abuser can access a gun, you may want to think about safety planning to keep yourself as safe as possible. Sometimes this might include filing for a restraining order. Sometimes a safety plan might include leaving the area or going someplace the abuser doesn’t know, like a domestic violence shelter. We have tips on our Safety Planning pages, and you can contact an advocate at your local domestic violence organization who might help you create a personalized plan. See our Rhode Island Advocates and Shelters page to find domestic violence organizations near you.
1 See Everytown for Gun Safety’s report on Guns and Violence Against Women
I've read all of this information, but I’m still confused. What can I do?
Gun laws can be confusing! Here are a few places you can contact for help understanding the law and your rights:
- WomensLaw Email Hotline – you can write in to ask questions.
- Local domestic violence organizations – visit our Rhode Island Advocates and Shelters page to find organizations near you or contact the National Domestic Violence Hotline 24/7 by calling (800) 799-SAFE (7233) or using their chat option.
- National Center on Protection Orders and Full Faith & Credit – for more information on federal gun laws and how they may apply to you, call 1-800-903-0111 x 2.
