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Some people are prohibited from possessing firearms under Rhode Island law. Under R.I. Gen. Laws § 11-47-5, possessing a firearm after a qualifying conviction or while subject to certain orders is a felony with no suspension, deferment, or probation.
Whether you fall within a prohibited category — and whether the state can prove possession — are often the central questions. Attorney Leah J. Boisclair can review your record and the facts.
Under § 11-47-5, possessing, purchasing, carrying, or transporting a firearm is prohibited for people convicted of a crime of violence, fugitives from justice, people convicted of certain domestic-violence offenses, those subject to qualifying protective orders, and others. A conviction is punishable by imprisonment for not less than two nor more than ten years, with no suspension, deferment, or probation. 'Crime of violence' is defined in § 11-47-2 and includes many serious felonies.
Statutes and penalties can change, and federal law may also apply. An attorney can confirm the current statute and how it applies to your specific charge.
Every firearm case turns on its own facts. Attorney Leah J. Boisclair can review your charge and explain your options in plain English.
The state generally must prove that you possessed a firearm (actual or constructive) and that you fall within a prohibited category under the statute. Both elements can be contested depending on the facts.
No outcome can be guaranteed. The right approach depends on the specific facts; an attorney can review how the law may apply to your situation.
The penalties for a firearm conviction can be severe. The sooner you have an attorney, the more can often be done to protect your rights.
Firearm cases often turn on how the weapon was found and whether police followed proper procedure. Speaking with an attorney early can help protect your rights, preserve evidence and arguments such as a motion to challenge a search, prepare you for court, and avoid missteps that can affect the outcome.
Section 11-47-5 lists categories including people convicted of a crime of violence, fugitives, people convicted of certain domestic-violence offenses, and those under qualifying protective orders. Whether you qualify is fact-specific.
Possession can be 'constructive,' but the state must still prove you knowingly possessed the firearm. When others had access, who possessed it can be a central issue.
Every case is different. Depending on the evidence, the legality of any search, and the facts, some charges may be challenged, reduced, or resolved another way. No outcome can be guaranteed; an attorney can review whether any options may apply.
You are generally not required to discuss the facts of your case with police without an attorney. It is usually wise to speak with a criminal defense attorney before answering questions.
A firearm conviction can affect your firearm rights under state and federal law. The specific impact depends on the conviction; an attorney can explain how a particular charge may affect you.
Bring any paperwork you received, such as the police report or arrest summary, your court notice or summons, bail paperwork, and anything related to the firearm. These help an attorney understand your situation quickly.
Related firearm charge pages for more help:
Criminal defense by Rhode Island county:
Speak with Attorney Leah J. Boisclair about your situation. Consultations are confidential, and early guidance can make a real difference.
This page is for general informational purposes only and does not create an attorney-client relationship. Rhode Island criminal laws can change, and the outcome of any case depends on the specific facts and circumstances. If you are facing a criminal charge, speak with a qualified Rhode Island criminal defense attorney about your situation.