(a) No person shall, without a license or permit issued as provided in §§ 11-47-11, 11-47-12, and 11-47-18, 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 or as provided in §§ 11-47-9 and 11-47-10. The provisions of these sections shall not apply to any person who is the holder
of a valid license or permit issued by the licensing authority of another state, or
territory of the United States, or political subdivision of the state or territory,
allowing him or her to carry a pistol or revolver in any vehicle or conveyance or
on or about his or her person whether visible or concealed, provided the person is
merely transporting the firearm through the state in a vehicle or other conveyance
without any intent on the part of the person to detain him or herself or remain within
the state of Rhode Island. No person shall manufacture, sell, purchase, or possess
a machine gun except as otherwise provided in this chapter. Every person violating
the provision of this section shall, upon conviction, be punished by imprisonment
for not less than one nor more than ten (10) years, or by a fine up to ten thousand
dollars ($10,000), or both, and except for a first conviction under this section,
shall not be afforded the provisions of suspension or deferment of sentence, nor a
probation.
(b) No person shall have in his or her possession or under his or her control any sawed-off
shotgun or sawed-off rifle as defined in § 11-47-2. Any person convicted of violating this subsection shall be punished by imprisonment
for up to ten (10) years, or by a fine of up to five thousand dollars ($5,000), or
both.
(c) No person shall have in his or her possession or under his or her control any firearm
while the person delivers, possesses with intent to deliver, or manufactures a controlled
substance. Any person convicted of violating this subsection shall be punished by
imprisonment for not less than two (2) years nor more than twenty (20) years, and
the sentence shall be consecutive to any sentence the person may receive for the delivery,
possession with intent to deliver, or the manufacture of the controlled substance.
It shall not be a defense to a violation of this subsection that a person has a license
or permit to carry or possess a firearm.
(d) It shall be unlawful for any person to possess a bump-fire device, binary trigger,
trigger crank, or any other device that when attached to a semi-automatic weapon allows
full-automatic fire. Individuals who possess these items shall have ninety (90) days
from the enactment of this section to either sell, destroy, or otherwise remove these
items from the state of Rhode Island. Every person violating the provisions of this
section shall, upon conviction, be punished by imprisonment for not less than one
nor more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), or
both, and, except for a first conviction under this section, shall not be afforded
the provisions of suspension or deferment of sentence, nor a probation.
(e) No person shall manufacture, sell, offer to sell, transfer, purchase, possess, or
have under his or her control a ghost gun or an undetectable firearm or any firearm
produced by a 3D printing process. Any person convicted of violating this subsection
shall be punished by imprisonment of not more than ten (10) years, or by a fine up
to ten thousand dollars ($10,000), or both and except for a first conviction under
this section shall not be afforded the provisions of suspension or deferment of sentence,
probation, nor fine. These provisions shall not apply to federally licensed manufacturers
(Federal Firearm License Type 07) pursuant to Alcohol, Tobacco, Firearms, and Explosives
(ATF) regulations.
Notes of Decisions
Cited in
77
cases (
11 in the last 5 years), 1969–2026 · leading case:
Mosby v. Devine, 851 A.2d 1031 (R.I. 2004).
Mosby v. Devine, 851 A.2d 1031 (R.I. 2004).
· cites it 12× “This twentieth-century state legislative committee's view of the right of Rhode Island citizens to carry and own firearms provides a contemporary confirmation that the right of the people of this state to keep and carry weapons for self-defense purposes was considered to be…”
State v. Adrian Hazard, 68 A.3d 479 (R.I. 2013).
· cites it 6× “1981), this Court recognized that operability of the pistol or revolver is an element of a prosecution brought under § 11-47-8(a). In that case, two Cranston police detectives observed the defendant, who was driving a vehicle at the time, hand to a passenger ―a dark pipelike…”
Drake v. Filko, 724 F.3d 426 (3rd Cir. 2013).
· cites it 2× “00(2)(f); R.I. Gen. Laws §§ 11-47-8(a), 11- 47-11(a); S.”
State v. HUY, 960 A.2d 550 (R.I. 2008).
· cites it 11× “Based on these stipulated facts, the trial justice found the defendant guilty beyond a reasonable doubt of both counts in the criminal information, to wit, carrying a pistol without a license, in violation of G.L. 1956 § 11-47-8(a) (count 1), and altering the marks of…”
State v. Willie Washington, 189 A.3d 43 (R.I. 2018).
· cites it 4× “On December 8, 2015, a jury convicted defendant of four counts: count 1, carrying a firearm without a license in violation of G.L. 1956 § 11-47-8(a) ; count 2, assault with a dangerous weapon by discharging a firearm and causing injury to Rudy Basquez in violation of § 11-47-3.”
State v. Rodriguez, 822 A.2d 894 (R.I. 2003).
· cites it 3× “2(b)(3); 2 and (3) with carrying a pistol without a license in violation of § 11-47-8. 3 A jury found defendant guilty of both counts 1 and 3 and the trial justice found him guilty on count 2.”
State v. Reyes, 984 A.2d 606 (R.I. 2009).
· cites it 3× “3 Count 2 alleged that defendant violated G.L. 1956 § 11-47-8 4 when he carried a Bryco handgun without a license.”
State v. Otero, 788 A.2d 469 (R.I. 2002).
· cites it 2× “1956 § 11-23-1; for carrying a pistol without a license, in violation of G.L.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.”
State v. Benevides, 425 A.2d 77 (R.I. 1981).
· cites it 5× “1956 (1969 Reenactment) § 11-47-8, as amended by P.L.1975, ch. 278, § 1, after a jury trial in the Superior Court.”
State v. Neary, 409 A.2d 551 (R.I. 1979).
· cites it 4× “…of robbery in violation of G.L. 1956 (1969 Reenactment) §11-39-1, carrying a pistol without a license in violation of §11-47-8, as amended by P.L. 1975, ch. 278, §1, assault with intent to murder in violation of §11-5-1, assault with a dangerous weapon in violation of §11-5-2,…”
State v. Kayborn Brown, 88 A.3d 1101 (R.I. 2014).
· cites it 3× “1956 § 11-39-1 (count 3), conspiracy to commit robbery in violation of § 11-1-6 (count 4), carrying a pistol without a license in violation of G.L.1956 § 11-47-8(a) (count 5), carrying a dangerous weapon while committing a crime of violence in violation of § 11-47-3 (count 6),…”
State v. Cianci, 430 A.2d 756 (R.I. 1981).
· cites it 3× “1956 (1969 Reenactment) § 11-47-8 6 it is lawful for a person, without a license, to possess a pistol in one’s dwelling house or on land possessed by him.”
— R.I. Gen. Laws § 11-47-8(a) — 34 cases
State v. Adrian Hazard, 68 A.3d 479 (R.I. 2013).
“1981), this Court recognized that operability of the pistol or revolver is an element of a prosecution brought under § 11-47-8(a). In that case, two Cranston police detectives observed the defendant, who was driving a vehicle at the time, hand to a passenger ―a dark pipelike…”
Mosby v. Devine, 851 A.2d 1031 (R.I. 2004).
“This twentieth-century state legislative committee's view of the right of Rhode Island citizens to carry and own firearms provides a contemporary confirmation that the right of the people of this state to keep and carry weapons for self-defense purposes was considered to be…”
Drake v. Filko, 724 F.3d 426 (3rd Cir. 2013).
“00(2)(f); R.I. Gen. Laws §§ 11-47-8(a), 11- 47-11(a); S.”
State v. HUY, 960 A.2d 550 (R.I. 2008).
“Based on these stipulated facts, the trial justice found the defendant guilty beyond a reasonable doubt of both counts in the criminal information, to wit, carrying a pistol without a license, in violation of G.L. 1956 § 11-47-8(a) (count 1), and altering the marks of…”
State v. Willie Washington, 189 A.3d 43 (R.I. 2018).
“On December 8, 2015, a jury convicted defendant of four counts: count 1, carrying a firearm without a license in violation of G.L. 1956 § 11-47-8(a) ; count 2, assault with a dangerous weapon by discharging a firearm and causing injury to Rudy Basquez in violation of § 11-47-3.”
— R.I. Gen. Laws § 11-47-8(b) — 2 cases
Mosby v. Devine, 851 A.2d 1031 (R.I. 2004).
“This twentieth-century state legislative committee's view of the right of Rhode Island citizens to carry and own firearms provides a contemporary confirmation that the right of the people of this state to keep and carry weapons for self-defense purposes was considered to be…”
— R.I. Gen. Laws § 11-47-8(c) — 2 cases
Mosby v. Devine, 851 A.2d 1031 (R.I. 2004).
“This twentieth-century state legislative committee's view of the right of Rhode Island citizens to carry and own firearms provides a contemporary confirmation that the right of the people of this state to keep and carry weapons for self-defense purposes was considered to be…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.