I am a victim of domestic violence and the abuser has a gun. Is that legal?
Rhode Island state law says that a person cannot have or buy a firearm if s/he:
- has been convicted of a “crime of violence” in Rhode Island or elsewhere. “Crimes of violence” include any of the following crimes or an attempt to commit any of them:
- murder;
- manslaughter;
- rape;
- first or second degree sexual assault;
- first or second degree child molestation;
- kidnapping;
- first or second degree arson;
- mayhem;
- robbery;
- burglary;
- breaking and entering;
- any felony violation involving the illegal manufacture, sale, or delivery of a controlled substance; possession with intent to manufacture, sell, or deliver a controlled substance; or conspiracy to commit manufacture, sell, or deliver a controlled substance;
- assault with a dangerous weapon;
- assault or battery involving grave bodily injury;
- assault with intent to commit any offense punishable as a felony;
- conviction of a domestic violence offense punishable as a felony;1
- was convicted of –or pled “no contest” (“nolo contendere”) to– in Rhode Island or elsewhere:
- a felony domestic violence crime that is listed here;2 or
- one of the following misdemeanor domestic violence crimes:
- simple assault;
- cyberstalking and cyberharassment;
- violation of a protective order (as explained in section(a)(10)); or
- disorderly conduct but only if the offense involves the:
- the use of force;
- the attempted use of force; or
- the threatened use of a dangerous weapon;
- is a fugitive from justice;3
- has a final domestic violence restraining order issued against him/her from either family court or district court;4
- is in “community confinement” or otherwise subject to electronic surveillance or monitoring devices as a condition of parole;5
- is under guardianship, treatment, or confinement due to being mentally incompetent;
- has been adjudicated, is under treatment, or is under confinement as a drug addict;6 or
- is in the U.S. illegally (an “alien”).7
Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a restraining order against him/her that meets certain requirements or if s/he has been convicted of a felony or domestic violence misdemeanor. Go to Federal Gun Laws to get more information.
1 RI Gen. Laws §§ 11-47-5(a); 11-47-2(5)
2 RI Gen. Laws §§ 11-47-5(a); 12-29-5; 12-29-2
3 RI Gen. Laws § 11-47-5(a)
4 RI Gen. Laws § 11-47-5(b)
5 RI Gen. Laws § 11-47-5(c)
6 RI Gen. Laws § 11-47-6
7 RI Gen. Laws § 11-47-7(a)