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Gun Charges in Rhode Island
Pursuant to R.I.G.L. 11-47-8, “no person shall, without a license or permit… carry a pistol or revolver in any vehicle or conveyance or on or about his or her person whether visible or concealed, except in his or her dwelling house or place of business or on land possessed by him or her…”.
The penalties for carrying a pistol or revolver in Rhode Island without a license or permit are extremely severe and include imprisonment for not less than one (1) nor more than ten (10) years and a fine of up to $10,000.00.
Can I Carry a Firearm with a License?
Under Rhode Island law, there are two provisions by which a person may obtain a license to carry a firearm. R.I.G.L. 11-47-11 allows for the granting of a license at the discretion of police chief of any city or town. R.I.G.L. 11-47-18 provides that the Rhode Island Attorney General may issue a license or permit to carry a firearm. It can be argued that these discretionary provisions of Rhode Island law are unconstitutional. The Second Amendment of the United States Constitution declares “the right of the people to keep and bear arms, shall not be infringed.”
In addition, Article I, Section 22 of the Rhode Island Constitution states, “the right of the people to keep and bear arms shall not be infringed.” The recent United States Supreme Court case of New York State Rifle & Pistol, Assn. Inc., v. Bruen (2022), held that “New York State’s proper-cause requirement violates the 14th Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public for self-defense.”
Penalties for Carrying a Firearm in Rhode Island
The penalties for carrying a firearm in Rhode Island without a license or permit are extremely harsh. If you have been charged with carrying a pistol or revolver without a license or permit in Rhode Island, contact Rhode Island’s Gun Lawyers at the Law Offices of Robert H. Humphrey immediately.
See what can be done about the criminal charges against you by contacting a Rhode Island criminal attorney to schedule an initial consultation today!
Understanding Constructive Possession in Rhode Island Gun Cases
In Rhode Island, you don't necessarily have to be physically holding a firearm to be charged with illegal possession. The legal concept of "constructive possession" applies when a person has the power and intention to exercise dominion and control over a firearm, even if it's not directly on their person.
For example, a firearm located in the glove compartment of a car you are driving, or found in a shared bedroom where you have access and knowledge of its presence, could lead to constructive possession charges. Understanding this concept is crucial, as it broadens the scope of who can be charged with a gun offense.
The Importance of Knowing Rhode Island's Definition of a "Pistol" or "Revolver"
Rhode Island General Law § 11-47-2 defines key terms related to firearms. Understanding the legal definition of a "pistol" or "revolver" is vital, as R.I.G.L. § 11-47-8 specifically applies to these types of handguns. The definition may include specifics about barrel length and the mechanism of firing. Other types of firearms, such as rifles or shotguns, may be subject to different regulations under Rhode Island law.
Rhode Island's High-Capacity Magazine Charge
Rhode Island law prohibits the possession, sale, and transfer of large-capacity feeding devices (often referred to as high-capacity magazines). Under R.I. Gen. Laws § 11-47.1-3, it is illegal to own a magazine that holds more than 10 rounds of ammunition. The law applies even if you legally purchased the magazine before the ban took effect. Violating this statute can result in serious criminal charges, including fines, probation, or even jail time.
Potential Defenses to Unlicensed Firearm Carry Charges in Rhode Island
While the penalties for unlicensed carry are severe, there may be potential defenses available depending on the specific circumstances of your case. These could include:
- Lack of Knowledge: Arguing that you were unaware of the presence of the firearm.
- Temporary Possession for Self-Defense: In very limited circumstances, temporary possession solely for immediate self-defense might be a factor.
- Illegal Search and Seizure: If the firearm was discovered through an unlawful search by law enforcement, evidence may be suppressed.
- Constitutional Challenges: As previously mentioned, challenging the constitutionality of Rhode Island's licensing scheme based on the Second Amendment and the Bruen decision is a potential avenue.
It is crucial to discuss the specific details of your situation with a Rhode Island gun lawyer to explore all possible defenses.
Federal Gun Charges in Rhode Island
In addition to Rhode Island state law, federal law also governs certain firearm offenses. Depending on the circumstances, you could face federal gun charges alongside or instead of state charges. Federal offenses often carry even stricter penalties and can involve interstate trafficking of firearms, possession of firearms by individuals with certain prior convictions, or firearms-related crimes committed in violation of federal law.
The Impact of Prior Criminal Convictions on Firearm Rights in Rhode Island
Having a prior criminal conviction can significantly impact your right to possess firearms in Rhode Island. Certain felony convictions automatically prohibit you from owning or possessing firearms under both state and federal law. Even some misdemeanor convictions, particularly those involving domestic violence, can trigger firearm prohibitions. It's essential to understand how your criminal history may affect your current situation.
Get in touch with our Rhode Island lawyers online or at (401) 441-5486 for your free consultation.
