Rhode Island Firearm Defense Lawyer
The Second Amendment of the United States Constitution guarantees the right to bear arms; however, this right is subject to certain limitations. A comprehensive network of both state and federal laws governs the possession, use, and regulation of firearms, placing various restrictions on the types of firearms one may possess, as well as the capacity of magazines and ammunition.
Federal firearm laws are applied uniformly across the United States, while Rhode Island. Has its own specific regulations.
Firearm and Weapon Offenses
In Rhode Island, the laws governing firearm and weapon offenses are set forth in Title 11, Chapter 47 of the General Laws, commonly referred to as the “Firearms Act.” This statute outlines a variety of firearm and weapon laws, providing definitions, penalties, exemptions, and procedural requirements for crimes involving firearms and weapons within the state.
Rhode Island's firearm and weapon laws are intricate, encompassing both felony and misdemeanor offenses. Convictions under these laws can result in severe penalties, depending on the specific circumstances of the offense.
Prohibition of possessing automatic firearms is illegal in Rhode Island. Rhode Island also has restrictions that make it illegal to possess, manufacture, sell, or transfer a large-capacity feeding device (high-capacity magazine) capable of holding more than 10 rounds of ammunition.
Definition of a Firearm
It is essential for individuals to understand the legal definition of a "firearm" or "weapon." Various objects that might not be immediately recognized as firearms can be classified as such under the law, particularly when used in specific manners.
Under Rhode Island criminal law, a "firearm" includes machine guns, pistols, rifles, air rifles, air pistols, blank guns, BB guns, and any device capable of expelling steel or metal projectiles, or that can be readily converted to expel a projectile.
Several firearm-related terms are also specifically defined within Rhode Island law:
Machine Gun: A weapon designed to shoot automatically more than one shot without manual reloading by a single function of the trigger.
Pistol: Any handgun, revolver, or short-barreled firearm, such as a shotgun or rifle, with an overall length of less than 26 inches.
Sawed-Off Rifle or Shotgun: A firearm with a barrel length of less than 16 inches (rifle) or 18 inches (shotgun), or an overall length of less than 26 inches.
Trigger Crank, Binary Trigger, and Bump-Fire Stock: Devices that modify a firearm to increase its rate of fire or alter its standard functioning.
Definition of a Weapon (Non-Firearm)
In Rhode Island, a “weapon” encompasses various objects not classified as firearms. These include, but are not limited to, blackjacks, slingshots, billy clubs, sandbags, metal knuckles, and certain knives, swords, and other bladed instruments. The possession, carrying, or use of these weapons is generally classified as a misdemeanor under state law, punishable by fines up to $1,000 and/or imprisonment for up to one year.
Possession of Firearms and Weapons
Under Rhode Island law, the term “carrying” refers to having physical possession or control over a firearm or weapon, with the person being fully aware of it. You also have to have the intent to possess the firearm. There are two primary forms of possession:
Actual Possession: Direct physical control over the firearm or weapon.
Constructive Possession: While not in direct physical control, an individual has the power and intent to control the firearm or weapon, either alone or through another person.
Possession may be either sole or joint, depending on whether one person or multiple individuals have control over the firearm or weapon. Under Rhode Island law, mere knowledge of the location of an item is insufficient to establish possession. An individual must have both awareness, the intent and control over the item to be considered in possession.
Rhode Island, impose additional restrictions on firearm possession, such as requiring a special license to carry a firearm outside of the home. Exceptions may apply, such as when transporting an unloaded firearm to a designated shooting range or when moving between states.
Who Is Prohibited from Possessing Firearms
Although the Second Amendment guarantees the right to bear arms, there are legal limitations on who may possess firearms. In Rhode Island, individuals prohibited from owning or possessing firearms include those:
Convicted of a violent crime or certain felony or misdemeanor offenses related to domestic violence.
Fugitives from justice.
Individuals on parole or community confinement.
Additionally, individuals who are unlawfully present in the United States, either as unnaturalized foreign nationals or individuals who remain in the country unlawfully, are also prohibited from possessing firearms. Such individuals may face deportation upon conviction.
Under federal law, any individual previously convicted of a felony in any state is prohibited from possessing a firearm or ammunition. Violations may lead to federal prosecution.
Transporting Firearms
Transporting firearms is subject to strict regulations. Typically, firearms must be transported unloaded and in a locked container, separate from any ammunition. Carrying a loaded firearm on one's person or within a vehicle without a special permit is prohibited in many states, including Rhode Island.
Discharging a Firearm
In Rhode Island, discharging a firearm in a compact part of any city or town" or without the landowner's permission is a misdemeanor, carrying a penalty of up to 1 years at the ACI. It's also illegal to discharge a firearm from a motor vehicle in a way that creates a substantial risk of death Under Rhode Island law every person violating that provisions shall be punished by imprisonment for not less than ten (10) years nor more than twenty (20) years and shall be fined not less than five thousand dollars ($5,000.00) nor more than fifty thousand dollars ($50,000.00), or both.
Legal Assistance for Firearm Offenses
If you are facing charges related to firearms or weapon offenses, it is imperative to consult with an attorney who specializes in firearms law. Attorney Michael Zarrella is an exceptional attorney with over 30 years of experience in the legal field, particularly in gun law. His extensive knowledge of firearm regulations, both federal and state, combined with his deep understanding of constitutional rights, makes him a powerful advocate for clients facing gun-related charges.
Attorney Zarrella has an unmatched expertise in defending individuals accused of firearm and other weapon offenses. His track record of success comes from his ability to navigate complex legal frameworks, crafting strong defenses rooted in the nuances of gun law.
Attorney Michael Zarrella is committed to protecting the rights of all his clients. Whether challenging unlawful searches, questioning the legitimacy of arrests, or building cases around self-defense, Attorney Zarrella's attention to detail and thorough preparation ensure his clients receive the best possible representation.