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)
