What is the penalty for violating state and federal firearm laws?
In Rhode Island, the penalty for possessing a gun if any of the following circumstances apply can be incarceration for 2 to 10 years:
- has been convicted of a “crime of violence” in Rhode Island or elsewhere;
- is in “community confinement” or otherwise subject to electronic surveillance or monitoring devices as a condition of parole; or
- is a fugitive from justice.1
If you have a restraining order against the abuser and s/he fails to surrender his/her firearm after being ordered to do so by the judge, s/he can be found in contempt. The penalty for contempt, which is a misdemeanor crime, can be a fine of up to $1,000, imprisonment for up to 1 year, or both.2
In addition, anyone who owns, has or buys a gun in violation of the federal firearm laws (which prohibit gun possession by someone who is the respondent on a restraining order or who was convicted of a felony or domestic violence misdemeanor) can be punished by a fine, jail time for up to 10 years, or both.3 Go to Federal Gun Laws for more information.
1 RI Gen Laws § 11-47-5(a),(c),(d)
2 RI Gen Laws §§ 15-15-3(h)(1),(i)(1); 8-8.1-3(g),(j)
3 See 18 USC § 924(a)(2)