Felon in Possession of a Firearm in Rhode Island

Bank & Munns defends people charged with felon in possession of a firearm, Rhode Island's version of the prohibited-person gun charge and one that can be filed in state court, federal court, or both. Under R.I. Gen. Laws § 11-47-5, a person convicted of a crime of violence may not own, carry, or possess a firearm, and the same facts can be charged under 18 U.S.C. § 922(g) with a 15-year federal maximum. Which courthouse the case lands in often matters more than what happened. Chad F. Bank and Rory Munns handle these cases in Superior Court, on the Providence gun calendar, and in federal court in Providence. Call 401-573-2265 for a free consultation.

Quick answer: Felon in possession of a firearm in Rhode Island is charged under R.I. Gen. Laws § 11-47-5, which bars anyone convicted of a crime of violence, a qualifying domestic violence offense, or subject to certain protective orders from possessing a gun. It is a felony carrying up to 10 years in state prison. The same conduct is a federal crime under 18 U.S.C. § 922(g), which reaches any prior conviction punishable by more than one year and carries up to 15 years, with a 15-year mandatory minimum under the Armed Career Criminal Act for three qualifying priors. The defense usually turns on whether the prior conviction actually qualifies, whether the search was lawful, and whether the state can prove you knowingly possessed the gun.

Felon in Possession of a Firearm Rhode Island

The phrase "felon in possession" is shorthand, and in Rhode Island it is slightly misleading. The state statute, § 11-47-5, does not bar every person with a felony record from owning a gun. It bars a specific list of people, and the list is built around the definition of "crime of violence" in § 11-47-2. Federal law uses a different and broader test. Understanding which law applies to your prior conviction is the first job in every one of these cases, because a prior that qualifies under one law may not qualify under the other.

Who is a prohibited person under Rhode Island law

Section 11-47-5 prohibits purchasing, owning, carrying, transporting, or possessing a firearm by any person who has been convicted in Rhode Island or elsewhere of a crime of violence, who is a fugitive from justice, who has been convicted of a specified domestic violence misdemeanor, or who is subject to certain domestic protective orders. The crime of violence list in § 11-47-2 includes murder, manslaughter, sexual assault, kidnapping, robbery, burglary, breaking and entering, arson, assault with a dangerous weapon, assault or battery involving serious injury, and certain felony drug offenses. A felony fraud, embezzlement, or DUI conviction is not on that list.

Who is a prohibited person under federal law

Under 18 U.S.C. § 922(g)(1), anyone convicted in any court of a crime punishable by more than one year in prison is barred from possessing a firearm or ammunition. That covers every Rhode Island felony, whether or not it is a crime of violence. The same section reaches people under domestic violence protective orders, people convicted of misdemeanor domestic violence, unlawful drug users, and several other categories. In 2022 Congress raised the maximum penalty for a § 922(g) violation to 15 years.

Penalties for Felon in Possession in Rhode Island

State court

A conviction under § 11-47-5 is a felony carrying up to 10 years in state prison. Because the charge requires a prior crime of violence, sentencing judges are working with a defendant who already has a serious record, and prosecutors routinely seek prison time rather than probation. The conviction adds another crime of violence to your record, which forecloses expungement and makes any future charge worse.

Federal court

A conviction under § 922(g) carries up to 15 years. Federal sentencing guidelines set the actual range based on the type of gun, the number of guns, whether a serial number was obliterated, whether the gun was possessed in connection with another offense, and your criminal history. A person with three prior convictions for violent felonies or serious drug offenses faces a 15-year mandatory minimum under the Armed Career Criminal Act, and the maximum becomes life. There is no parole in the federal system.

Why the forum decides the outcome

State and federal prosecutors coordinate on gun cases in Rhode Island. A case that begins as a Providence Police arrest can be adopted by the U.S. Attorney's Office weeks later, especially when the defendant has multiple prior felonies, when drugs were found with the gun, or when the arrest came out of a task force investigation. A plea in Superior Court does not automatically prevent a federal indictment on the same facts. That is why the first conversation with a lawyer in a felon-in-possession case has to include the question of what the federal exposure looks like and how to resolve the state case in a way that does not invite it.

How a Felon in Possession Case Moves Through Court

Arrest and District Court

Most cases begin with a search: a traffic stop, a parole or probation home visit, a search warrant executed for another reason, or a domestic call. Once a gun is found and the officer runs your record, the charge follows. You are arraigned in District Court, usually the next business day. Bail is harder to get in these cases because the prior record is the element of the crime, and a judge can hold a person without bail on certain weapons charges when there is a prior conviction for a similar offense. If you are on probation or parole, a violation is filed at the same time, and the Rhode Island probation violation attorney side of the case can move faster than the new charge.

Screening and Superior Court

The Attorney General's office decides whether to proceed by criminal information or grand jury indictment, and the U.S. Attorney's Office decides whether to adopt the case. In Providence County, state cases go to the gun calendar. The Superior Court arraignment sets discovery and motion deadlines.

The two motions that decide most cases

The first is a motion to suppress. If the stop, frisk, vehicle search, home entry, or warrant was defective, the gun can be excluded, and without the gun there is no case. The second is a challenge to the prior conviction. The state must prove that you were convicted of a listed crime of violence, and that proof requires certified records. Convictions from other states, juvenile adjudications, convictions that were later vacated or expunged, and pleas to amended charges all raise real questions about whether the prior qualifies. If it does not, the state charge fails, even if the federal one might not.

Possession itself

The state also has to prove that you knowingly possessed the gun. When a firearm is found in a shared home, a girlfriend's car, or a closet used by several people, the prosecutor relies on constructive possession, which requires proof of knowledge and control. DNA and fingerprint evidence, statements, and who had access to the space all matter. A gun in a house is not automatically the gun of the person with the record.

Resolution or trial

If the evidence holds up, the case moves to negotiation or trial. In state court, negotiation may involve amending the charge, resolving a probation violation together with the new case, or structuring a sentence. In federal court, the guidelines drive the discussion, and the timing of a plea affects the acceptance-of-responsibility reduction. At trial, the state must prove the prior conviction, knowing possession, and that the object was a firearm, each beyond a reasonable doubt.

7 Things to Know About Felon in Possession Charges in Rhode Island

1. Not every felony triggers the state statute. Section 11-47-5 applies to crimes of violence as defined in § 11-47-2, plus qualifying domestic offenses and protective orders. A non-violent felony may not support a state charge, though it will support a federal one.
2. Federal law reaches every felony. Under § 922(g), any conviction punishable by more than one year counts, including out-of-state convictions and convictions where you received only probation.
3. Ammunition counts federally. The federal statute covers ammunition as well as firearms. A box of rounds in the closet is a federal charge even with no gun.
4. Possession does not require ownership. Constructive possession is enough if the state proves you knew the gun was there and could control it. It is also the weakest element in most shared-space cases.
5. The prior conviction must be proven with records, not assumptions. Certified judgments, plea colloquies, and the actual statute of conviction are required. Errors in the criminal history database are common.
6. Expungement or a pardon can lift the bar. Under federal law, a conviction that has been expunged, set aside, or pardoned, or for which civil rights have been restored, generally does not count, unless the restoration expressly excludes firearms. Rhode Island expungement of a felony requires a 10-year wait and excludes crimes of violence, so this route is narrow.
7. A probation or parole violation runs alongside the new charge. The violation hearing uses a lower standard of proof and can result in a prison sentence on the old case before the new charge is even resolved.

Defenses in Rhode Island Felon in Possession Cases

• Illegal search or seizure. The stop, frisk, vehicle search, home entry, or warrant did not meet Fourth Amendment requirements, and the gun should be suppressed.
• The prior does not qualify. The conviction is not a crime of violence under § 11-47-2, was vacated or expunged, was a juvenile matter, or was pled down to a charge that is not on the list.
• No knowing possession. The gun was in a space shared with others and the state cannot prove you knew it was there or controlled it.
• The object is not a firearm. Inoperable weapons, antiques, air guns, and replicas raise definitional questions under both state and federal law.
• Rights were restored. A pardon, expungement, or restoration of civil rights may remove the prohibition.
• Statements were taken unlawfully. An admission that "the gun is mine" taken without warnings or after a request for a lawyer can be excluded.

Why Choose Bank & Munns

Felon-in-possession cases are the gun charges most likely to end up in federal court, and the defense has to be built with that in mind from the first day. Chad F. Bank and Rory Munns have defended weapons cases in Rhode Island Superior Court for more than a decade, and the firm has more than 1,300 five-star Google reviews. As a Rhode Island gun charge lawyer practice, Bank & Munns examines the prior conviction, the search, and the possession evidence in every case, and evaluates federal exposure before any decision is made about how to resolve the state charge. If the case involves other felony counts, our Rhode Island felony defense lawyer page explains how those are handled.

Related Reading

• Rhode Island gun charge lawyer
• Carrying a Firearm Without a License in Rhode Island
• Rhode Island Concealed Carry Permit
• Rhode Island felony defense lawyer
• Rhode Island expungement lawyer
• Rhode Island probation violation attorney

Frequently Asked Questions

Can a felon own a gun in Rhode Island?

Generally no, but the answer depends on which law you ask about. Under Rhode Island law, § 11-47-5 bars people convicted of a crime of violence as defined in § 11-47-2, people convicted of specified domestic violence misdemeanors, and people subject to certain protective orders. A person whose only felony is a non-violent offense, such as embezzlement, may not be covered by the state statute. Federal law is broader. Under 18 U.S.C. § 922(g), anyone convicted of a crime punishable by more than one year is barred from possessing a firearm or ammunition, regardless of whether the offense was violent and regardless of the sentence actually imposed. Because federal prosecutors in Rhode Island adopt these cases regularly, the practical rule is that any felony conviction means no guns unless the conviction has been expunged, set aside, or pardoned. A lawyer should review the actual judgment before you assume either answer.

How long is a felon prohibited from owning a firearm in Rhode Island?

For life, unless something removes the conviction. Neither the Rhode Island statute nor the federal statute has a built-in expiration. The prohibition ends only if the conviction is expunged, set aside, or pardoned, or if civil rights are restored in a way that includes firearm rights. In Rhode Island, expungement of a felony under R.I. Gen. Laws § 12-1.3-2 generally requires a 10-year wait after completing the sentence with no new convictions, and crimes of violence cannot be expunged at all, which means most of the priors that trigger § 11-47-5 can never be cleared. A pardon through the governor is possible but rare. Restoration of rights through another state's process may or may not be honored federally, depending on whether it restores firearm rights specifically. Anyone considering buying a gun after a felony should have a lawyer examine the exact conviction and the current law first.

How much prison time does felon in possession carry in Rhode Island?

In state court, a conviction under § 11-47-5 is a felony carrying up to 10 years in prison. In federal court, a conviction under 18 U.S.C. § 922(g) carries up to 15 years, and a person with three prior convictions for violent felonies or serious drug offenses faces a 15-year mandatory minimum under the Armed Career Criminal Act. Those are the ceilings and floors. The actual sentence depends on the court, the guidelines calculation in a federal case, the prior record, whether the gun was loaded or connected to another offense, and whether a probation or parole violation is running at the same time. The single biggest factor is often which system prosecutes the case, which is why the defense strategy in Superior Court has to account for what the U.S. Attorney is likely to do with the same facts.

Will my felon in possession case go to federal court?

It might. The U.S. Attorney's Office for the District of Rhode Island adopts state gun arrests regularly, and felon-in-possession cases are the most common category. Adoption is more likely when you have multiple prior felonies, when drugs or a large amount of cash were found with the gun, when the gun had an obliterated serial number, when more than one firearm was involved, or when the arrest came out of a task force operation. The decision is usually made within the first several weeks, while the state case is still at the screening stage. A lawyer who knows the local practice can sometimes influence that decision by showing weaknesses in the search or the possession evidence early. Once a federal indictment is returned, the case follows federal rules, with a detention hearing instead of bail and guideline-based sentencing.

What if the gun belonged to someone else in the house?

Then the state or federal prosecutor must prove constructive possession, which means proving that you knew the gun was there and had the ability and intent to control it. A firearm found in a shared bedroom, a common closet, a partner's vehicle, or a family member's safe is not automatically attributed to the person with the record. Evidence that matters includes fingerprints and DNA on the gun, who purchased it, where it was found relative to your belongings, statements made during the search, and whether other adults had equal access to the space. Prosecutors often rely on an admission made at the scene to close this gap, which is why the most important thing you can do during a search is say nothing. Contested possession is one of the strongest defenses in these cases and frequently results in a dismissal or an acquittal.

Does the assault weapons ban or the magazine ban affect a felon in possession charge?

Both can add counts. Since 2022, possession of a magazine holding more than 10 rounds has been a separate felony under Chapter 11-47.1, and since July 1, 2026, the manufacture, sale, purchase, and transfer of covered assault weapons has been a felony under Chapter 11-47.2. When a prohibited person is found with a firearm that also has a large-capacity magazine or falls within the assault weapon definition, prosecutors file each count separately, and each carries its own sentence. In federal court, the type of weapon and the magazine capacity raise the guideline range even without a separate charge. Whether a particular gun or magazine actually meets the statutory definition is a fact question, and the definitions are technical enough that these companion counts are often the first ones to be dismissed in negotiation.

Do I need a lawyer for a felon in possession charge?

Yes, and the sooner the better. These cases carry real prison time in state court and longer sentences in federal court, and the decisions that decide the outcome happen early: whether the search can be suppressed, whether the prior conviction actually qualifies, whether the possession evidence holds up, and whether the federal government adopts the case. A lawyer who handles both state and federal firearm cases can evaluate all of those questions at once and structure the state case to limit federal exposure. If you are on probation or parole, the violation hearing may come before the new charge is resolved, and it needs its own preparation. Bank & Munns offers a free consultation, and bringing the paperwork from your prior conviction to that meeting lets the firm answer the qualifying-prior question on the first visit.