Rhode Island General Laws
R.I. Gen. Laws § 11-47-27 (2026)
Standard of proof under §§ 11-47-1 — 11-47-34
✓ current as of July 2026
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No negative allegation of any kind need be averred or proved in any complaint under §§ 11-47-1 — 11-47-34, and the carrying or use of any firearm contrary to the provisions of those sections shall be evidence that the possession, carrying or use of any firearm is unlawful, but the respondent in any case brought under those sections may show any fact that would render the possession, or use, or carrying of the firearm lawful.
Notes of Decisions
Cited in 7
cases, 1971–1993 · leading case: State v. Neary, 409 A.2d 551 (R.I. 1979).
State v. Neary, 409 A.2d 551 (R.I. 1979). “1956 (1969 Reenactment) §11-47-27, on the ground that their convictions of possession of a firearm without a license in violation of § 11-47-8 4 through reliance on the evidentiary provi *511 sion of § 11-47-27 5 to prove the absence of the licenses violated their right to due…”
State v. Grullon, 371 A.2d 265 (R.I. 1977). “However, the jury verdict followed from the trial justice’s instructions regarding the effect of §11-47-27, which allowed them to find unlawful possession from mere possession, even without a “negative allegation of any kind” as to a license.”
State v. Ballard, 439 A.2d 1375 (R.I. 1982). “We further held in Neary that § 11-47-27 creates a statutory authorization that the carrying or the use of a firearm contrary to the provisions of §§ 11-47 — 1 to 11-47-34, inclusive, shall be evidence of the unlawfulness of such carrying or use, thus easing the burden placed…”
In Re Samuel P., 626 A.2d 224 (R.I. 1993). “The state contends that defendant failed to meet the evidentiary burden imposed upon him by § 11-47-27. Section 11-47-27 reads, “No negative allegation of any kind need be averred or proved in any complaint under §§ 11-47-1 to 11-47-34, inclusive, and the carrying or use of any…”
State v. Hodges, 305 S.E.2d 278 (W. Va. 1983). “1980) (construing R.I.Gen.Laws § 11-47-27 (1969)); Elliott v.”
State v. Maloney, 283 A.2d 34 (R.I. 1971). “In giving the instruction of which defendant complains, the trial justice twice read the provisions of §11-47-27. That section reads as follows: “Proof of unlawfulness of carrying.”
State v. Russo, 319 A.2d 655 (R.I. 1974). “t, as follows: “No person shall, without a license therefor, issued as provided in §§11-47-11, 11-47-12 and 11-47-18, carry a pistol or revolver in any vehicle or conveyance * * * Every person violating the provision of this section shall, upon conviction, be punished by…”
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