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EspañolWhat is the difference between federal and state gun laws? Why do I need to understand both?
In these pages, we refer to two types of gun laws:
- Federal gun laws are laws that apply to all U.S. states and territories.
- State gun laws are specific to each state or territory.
The major differences between the two types of laws are:
- who makes the law;
- who prosecutes someone who breaks it; and
- what the punishment is for breaking it.
It’s important to know about both types of gun laws so you can understand all of the ways the abuser might break the law. This can help you protect yourself. In this section, we will mostly discuss your state’s gun laws. Check our Federal Gun Laws pages to see if any federal laws might apply to your situation.
If you believe the abuser broke the law by having a gun, you can report it to the local police. You don’t need to be able to tell the police which law or if it’s a state or federal law. However, you should know that the local 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. For more information, see If I think the abuser has a gun illegally, who do I report it to?
What is a felony?
Throughout these gun law pages, we will refer to gun laws that make it illegal for someone convicted of a felony to have a gun. A felony is a more serious crime than a misdemeanor. Rhode Island law defines a felony as a crime that can be punished by:
- more than one year in prison; or
- a fine of more than $1,000.1
However, you can’t always tell if someone was convicted of a felony just by how long they were in prison. Sentences are often reduced or shortened if someone pleads guilty. If you’re not sure whether the person was convicted of a felony, you can ask the prosecutor or try to check the records at the local criminal courthouse.
1 R.I. Gen Laws § 11-1-2
I am a victim of domestic violence and the abuser has a gun. Is that legal?
There are many reasons why it might be illegal for someone to have a gun. It may depend on the facts of your situation, so please see the links below for more information:
- If the abuser has been convicted of a crime in Rhode Island or elsewhere, see If the abuser has been convicted of a crime, can they keep or buy a gun?
- If you have a restraining order against the abuser, see Guns and Restraining Orders.
- If neither of those applies, see I do not have a restraining order against the abuser and they have not been convicted of a crime. Can they have a gun?
It could also be illegal for someone to have a gun because of federal gun laws, which apply to all states. Federal law bans a person from having a gun if:
- you have a protection order against them that meets certain conditions;
- they were convicted of any felony or a domestic violence misdemeanor;
- there is another reason under federal law that makes it illegal for them to have a gun.1
For more details, you can go to our Federal Gun Laws page.
1 18 U.S.C. § 922(g)
What is a “crime of violence”?
A crime of violence means that the person committed or attempted to commit one of the following crimes:
- murder;
- manslaughter;
- rape;
- sexual assault in the first or second degree;
- child molestation in the first or second degree;
- kidnapping;
- arson in the first or second degree;
- mayhem;
- robbery;
- burglary;
- breaking and entering;
- a felony involving:
- the illegal making, selling, or delivery of drugs (“controlled substances”);
- having drugs with the plan to make, sell, or deliver them; or
- planning with others (conspiring) to make, sell, or deliver drugs;
- assault with a dangerous weapon;
- assault or battery involving grave bodily injury;
- assault with the intent to commit a felony; or
- a domestic violence felony.1
1 R.I. Gen. Laws §§ 11-29-1; 11-47-2(6)
