--- title: "Felon in Possession of a Firearm in Rhode Island: Penalties and Defense" description: "Rhode Island 11-47-5 bars certain people from having guns, with 2 to 10 years and no probation. Who is covered, how federal law differs, and the defenses." url: https://www.chadbanklaw.com/felon-in-possession-of-a-firearm-rhode-island/ date: 2026-10-17 modified: 2026-10-24 author: "The Law Office of Chad F Bank" image: https://www.chadbanklaw.com/wp-content/uploads/2026/10/felon-in-possession-of-a-firearm-rhode-island-card.webp categories: ["Criminal Defense"] type: post lang: en --- # Felon in Possession of a Firearm in Rhode Island: Penalties and Defense A felon in possession of a firearm Rhode Island charge carries a mandatory minimum of two years in prison. The judge cannot give probation or a suspended sentence. That makes it one of the hardest gun charges to resolve, and the consequences reach well past the courtroom. On top of that, federal prosecutors can bring their own charge for the same conduct. The Rhode Island law is also not quite what most people think. It does not cover every felony, and it does cover some misdemeanors. This page explains who is barred, what the state has to prove, the penalties, how federal law fits in, and how I defend a felon in possession of a firearm Rhode Island case. **Facing a gun charge in Rhode Island?** Call Chad Bank at [401-573-2265](tel:4015732265) for a free consultation. The sooner a lawyer sees the police report, the more options you have. ## What Rhode Island Law Says About Gun Possession by Certain Persons The statute is R.I. Gen. Laws 11-47-5, titled "Possession of firearms by certain persons prohibited." It says the people it lists may not purchase, own, carry, transport, or have in their possession any firearm. That language is broad. It is not limited to holding a gun in your hand. Buying a gun, keeping one in a home or car, moving one from place to place, or having one within reach can all fall inside it. Chapter 11-47 has related sections that are often charged alongside or instead of a prohibited person count, including possession of a stolen firearm (11-47-5.2) and carrying a pistol or revolver without a license (11-47-8). ## Who Is Barred From Having a Gun in Rhode Island - **Anyone convicted of a crime of violence,** in Rhode Island or anywhere else. - **Fugitives from justice.** - **People convicted of, or who pled no contest to, a domestic violence felony.** - **People convicted of, or who pled no contest to, certain domestic violence misdemeanors:** simple assault, cyberstalking and cyberharassment, violating a protective order, and disorderly conduct involving force or the threat of a dangerous weapon. - **People subject to certain protective orders** issued after notice and a chance to be heard. - **People in community confinement or on electronic monitoring as a parole condition**, if they have a crime of violence conviction. The misdemeanor part catches many people off guard. It is one reason a gun charge can appear years after a domestic case that seemed finished. For the domestic categories, the statute says the bar ends once the matter is expunged, or after a completed one-year filing or one-year probation that no longer counts as a conviction. ### What Counts as a Crime of Violence The list in 11-47-2 includes murder, manslaughter, first and second degree sexual assault, child molestation, kidnapping, arson, robbery, burglary, breaking and entering, assault with a dangerous weapon, assault causing grave bodily injury, felony drug dealing or possession with intent for schedule I and II drugs, and attempts to commit any of these. So a past conviction for embezzlement or low-level drug possession may not trigger the state law at all. Federal law is a different story. ### Federal Law Is Broader Federal law, 18 U.S.C. 922(g), bars anyone convicted of a crime punishable by more than one year in prison, plus several other groups. That covers nearly every felony. A prior conviction is not the only way onto the federal list either. If you are not sure whether your record disqualifies you, have it reviewed instead of assuming. ## Penalties for a Felon in Possession Charge in Rhode Island A violation of 11-47-5 is punishable by two to ten years in prison. The statute says the person "shall not be afforded the benefit of suspension or deferment of sentence nor of probation." In plain terms, a conviction means at least two years to serve. The same gun can lead to a state charge, a federal charge, or both. Federal sentences for this offense can be longer than the state maximum, and federal sentencing works differently from state sentencing. People on federal probation or supervised release also face revocation if they are caught with a gun. That is one reason the court the case ends up in matters so much. | Question | Rhode Island charge | Federal charge | | --- | --- | --- | | Governing law | 11-47-5 | 18 U.S.C. 922(g) | | Who is covered | Crimes of violence, certain domestic violence offenses, fugitives, certain orders | Nearly any felony, plus other listed groups | | Prison | 2 to 10 years, no probation or suspended sentence | Can be longer than the state maximum | Other counts can stack on top. Carrying a pistol or revolver without a license is a separate felony with one to ten years. If you are on state probation or parole when you are caught, you also face a violation hearing on the old case. See my [probation violation lawyer](https://www.chadbanklaw.com/probation-violation-attorney/) page. ## How Rhode Island Defines a Felony Under 11-1-2, a felony is a crime that can be punished by more than one year in prison or a fine of more than $1,000. That definition matters in these cases in two ways. Whether an old conviction was a felony or a misdemeanor depends on how it was charged and resolved. And because the state statute turns on crimes of violence and domestic offenses rather than the felony label alone, the exact name and outcome of the old case can decide whether the new charge holds up. ## What the State Has to Prove A felon in possession case is not an automatic conviction. The state carries the burden, and each element must be proven: 1. You fall in one of the barred groups, usually because of a qualifying prior conviction. 2. You possessed a firearm, either on you or under your control. 3. The item is a "firearm." Under 11-47-2 that word is broad and even includes air rifles, BB guns, and blank guns. 4. Your possession was knowing, not accidental and not the result of someone else controlling the item. In practice, many cases turn on the second and fourth points. A gun found in a shared apartment, a car with several people in it, or a bag that belongs to someone else raises real questions about who had it. Rhode Island recognizes both actual and constructive possession, and constructive possession is at the center of many defenses. ## How I Defend These Cases ### Challenge the Predicate If the old conviction does not actually qualify, the charge can fall apart. Was it really a crime of violence under the statute? Was the domestic case a conviction, or a filing that was completed? Was it expunged? That means pulling old court files, sentencing records, and plea paperwork to confirm exactly what the person was convicted of. Records from other states have to be read closely too. It is detailed work, and it is often the most productive early step. ### Contest Possession and Knowledge Possession is not the same as being near a gun. Where it was found, who had access to it, and what you actually knew are all fair game. A gun in a shared apartment or a car owned by a friend does not prove it was yours. If the state cannot prove knowing possession beyond a reasonable doubt, the case gets much weaker. ### Suppress Illegal Evidence Many gun cases begin with a traffic stop, a frisk, a search of a home, or questioning. If police violated your rights at any of those steps, a motion to suppress can keep the gun, your statements, or both out of evidence. When suppression works, prosecutors sometimes have nothing left. ### Pay Attention to Which Court Has the Case Because the same conduct can support a state charge and a federal charge, the court is not always fixed at the start. State and federal systems differ in their sentencing rules and timelines. I handle these cases in Rhode Island state court. If federal charges are possible, ask early which court is likely to handle your case, because that question shapes everything else. ### Push for the Right Outcome When the evidence is strong, the fight is often over which charge you plead to and what sentence is argued. Early work on your record, your family, and your job gives a judge the full picture of who you are, and that can change the result. ## Steps to Take If You Are Under Investigation or Charged - Do not talk to police or federal agents about the case without a lawyer. - Do not consent to a search of your home, car, or phone. - Do not move, sell, or get rid of a gun that may be part of an investigation. - Gather the paperwork from your old case, including dates, outcomes, and any expungement order. - If you are on probation or parole, tell your lawyer right away. - Call a Rhode Island criminal defense lawyer quickly, before charges are filed if possible. Gun issues also come up in divorce, custody fights, and domestic cases, where a restraining order or a domestic violence conviction can trigger a duty to give up guns. If that is your situation, get advice about what the law requires of you right now, because a technical violation can become a new felony. As a [Providence weapons charge lawyer](https://www.chadbanklaw.com/providence-weapons-charge-lawyer/), I handle prohibited person cases in Rhode Island state court. Learn more about me as a [RI criminal defense lawyer](https://www.chadbanklaw.com/), or call 401-573-2265. This page is general information about Rhode Island law, not legal advice for your case. ## Related Reading - [Carrying a concealed weapon charges and defense](https://www.chadbanklaw.com/carrying-a-concealed-weapon-rhode-island/) - [Stolen firearm charges and penalties](https://www.chadbanklaw.com/stolen-firearm-rhode-island/) - [Pulled over with a gun: your rights](https://www.chadbanklaw.com/pulled-over-with-a-gun-rhode-island/) - [What a firearm without a license charge means](https://www.chadbanklaw.com/possession-of-a-firearm-without-a-license-rhode-island/) - [Rhode Island gun laws in 2026](https://www.chadbanklaw.com/rhode-island-gun-laws/) - [The Rhode Island magazine ban](https://www.chadbanklaw.com/high-capacity-magazine-rhode-island/) - [Probation violation lawyer in Rhode Island](https://www.chadbanklaw.com/probation-violation-attorney/) - [Domestic assault lawyer in Rhode Island](https://www.chadbanklaw.com/domestic-assault-lawyer/) - [Rhode Island expungement lawyer](https://www.chadbanklaw.com/rhode-island-expungement-attorney/) - [RI felony criminal defense](https://www.chadbanklaw.com/ri-felony-criminal-defense/) ## Frequently Asked Questions ### Is felon in possession of a firearm a felony in Rhode Island? Yes. A violation of 11-47-5 is punishable by two to ten years in prison, and the judge cannot give probation or a suspended or deferred sentence. The same conduct can also be charged under federal law. ### Does every felony conviction bar gun possession under Rhode Island law? No. The state law targets crimes of violence, certain domestic violence offenses, fugitives, and people under certain orders. Federal law is broader and bars almost anyone with a felony conviction. ### Can a misdemeanor conviction stop me from having a gun in Rhode Island? Yes. A conviction or no contest plea for certain domestic violence misdemeanors, like simple assault or violating a protective order, bars firearm possession under 11-47-5 until the matter is expunged or the filing or probation period is completed. ### Can a firearms charge be filed in federal court instead of state court? Yes. The same conduct can support a Rhode Island charge, a federal charge under 18 U.S.C. 922(g), or both. Federal penalties can be higher, and people already on federal supervision face revocation. ### Do I need a lawyer for a felon in possession charge in Rhode Island? Yes. The two-year mandatory minimum, the possible federal case, and the probation violation risk make early legal help critical. A lawyer can check whether the old conviction really qualifies, challenge how the gun was found, and work on the outcome.