(a) No person shall purchase, own, carry, transport, or have in his or her possession
any firearm if that person:
(1) Has been convicted in this state or elsewhere of a crime of violence;
(2) Is a fugitive from justice;
(3) Has, in this state or elsewhere, entered a plea of nolo contendere to or been convicted
of an offense punishable as a felony under § 12-29-5; or
(4) Has, in this state or elsewhere, entered a plea of nolo contendere to or been convicted
of any of the following offenses punishable as a misdemeanor under § 12-29-5:
(i) Simple assault (§ 11-5-3);
(ii) Cyberstalking and cyberharassment (§ 11-52-4.2);
(iii) Violation of a protective order (as set forth in § 12-29-2(a)(10); or
(iv) Disorderly conduct (§ 11-45-1).
(A) A disorderly conduct conviction shall result in prohibition under this section if
and only if the offense involves the use or attempted use of force or the threatened
use of a dangerous weapon.
(5) The provisions of this subsection shall apply to all persons who enter a plea of nolo
contendere to or have been convicted of any of the offenses specified in subsections
(a)(3) and (a)(4) of this section, unless and until that person’s matter has been
expunged, or upon the completion of the sentence of a one-year filing, or the end
of a one-year probationary period that no longer constitutes a conviction pursuant
to § 12-18-3.
(b) No person shall purchase, carry, transport, or have in his or her possession any firearm
if that person is subject to an order issued pursuant to chapter 15 of title 15, chapter 8.1 of title 8, or an equivalent order in this state or elsewhere, which order was issued after
the person restrained has received notice of the proceedings and had an opportunity
to be heard.
(c) No person who is in community confinement pursuant to the provisions of § 42-56-20.2, or who is otherwise subject to electronic surveillance or monitoring devices as
a condition of parole, shall purchase, carry, transport, or have in his or her possession
any firearm. This subsection shall not apply to any person who has not been convicted
of (or pleaded guilty or nolo contendere to) a crime of violence in a court of competent
jurisdiction.
(d) Every person violating the provisions of this section shall, upon conviction, be punished
by imprisonment for not less than two (2) nor more than ten (10) years; and for penalties
provided in this section he or she shall not be afforded the benefit of suspension
or deferment of sentence nor of probation.
Notes of Decisions
Cited in
47
cases (
7 in the last 5 years), 1969–2026 · leading case:
State v. Menard, 888 A.2d 57 (R.I. 2005).
State v. Menard, 888 A.2d 57 (R.I. 2005).
· cites it 26× “The trial justice found that the defendant’s prior conviction for arson in Arizona could not qualify as a predicate “crime of violence” to bring the defendant within the ambit of G.L.1956 § 11-47-5, which proscribes the possession *59 of firearms by any person previously…”
Mosby v. Devine, 851 A.2d 1031 (R.I. 2004).
· cites it 6× “[8] G.L.1956 § 11-47-5. [9] Section 11-47-3. [10] Section 11-47-6.”
State v. Adrian Hazard, 68 A.3d 479 (R.I. 2013).
· cites it 4× “Next, the trial justice held that possessing a pistol, or the frame or receiver of a gun, did not violate §§ 11-47-5 or 11-47-8 unless the pistol, or the frame or receiver, either had the capability to expel a projectile or might readily be converted to do so.”
State v. Anthony, 422 A.2d 921 (R.I. 1980).
· cites it 4× “We therefore find no violation of the standard as set forth in Blockburger .”
In Re Bernard H., 557 A.2d 864 (R.I. 1989).
· cites it 9× “1956 (1981 Reenactment) § 11-47-5, filed an additional delinquency petition in the Family Court, charging Bernard with possession of a firearm after having previously been convicted of a violent crime.”
United States v. Juan Castillo-Rivera, 853 F.3d 218 (5th Cir. 2017).
“shall [have] carries a potential prison sentence of up to a 32 Rhode Island R.I. Gen. Laws § 11-47-5 any firearm." year.”
State v. Mastracchio, 672 A.2d 438 (R.I. 1996).
· cites it 3× “1956 (1981 Reenactment) § 11-47-5. The trial justice did not give an immediate limiting instruction to the jury at the time the evidence was introduced but instead addressed this matter in his final charge to the jury.”
State v. Arroyo, 844 A.2d 163 (R.I. 2004).
· cites it 2× “1956 § 11 — 39—1(a); possessing a firearm after being convicted of a crime of violence, in violation of G.L.1956 § 11-47-5; using a firearm when committing a crime of violence, in violation of § ll-47-3.”
State v. Willie Washington, 189 A.3d 43 (R.I. 2018).
· cites it 2× “2(b)(2); count 3, possession of a firearm with a previous federal court conviction in violation of § 11-47-5; and count 4, assault with a dangerous weapon in violation of G.”
McKinney v. State, 843 A.2d 463 (R.I. 2004).
· cites it 2× “1956 § 11-5-1; three counts of felony assault with a dangerous weapon in violation of § 11-5-2; and one count of possession of arms by a person convicted of a crime of violence in violation of G.L.1956 § 11-47-5. The state and McKinney negotiated a plea agreement in which…”
State v. Otero, 788 A.2d 469 (R.I. 2002).
“1956 § 11-47-8; and for possession of a firearm after having been previously convicted of a crime of violence, in violation of § 11-47-5. The last count was dismissed at the close of the state’s case.”
State v. Jackson, 966 A.2d 1225 (R.I. 2009).
· cites it 2× “I Facts and Travel On September 27, 2004, defendant entered a plea of nolo contendere to one count of possession of a firearm by a person previously convicted of a crime of violence in violation of G.L.1956 § 11-47-5, and to one count of obstructing a police officer in violation…”
— R.I. Gen. Laws § 11-47-5(a) — 1 case
— R.I. Gen. Laws § 11-47-5(a)(4) — 1 case
— R.I. Gen. Laws § 11-47-5(b) — 1 case
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.