Keith Mack
Rhode Island has strict gun laws that regulate the sale, possession, and use of firearms and ammunition. While Article I, Section 22 of the Constitution of Rhode Island states that the right of the people to keep and bear arms shall not be infringed, the state has a hybrid shall/may issue permitting system. This means that local law enforcement shall issue licenses to eligible applicants who are deemed suitable persons to be licensed and have a good reason to fear an injury to their person or property. However, the Attorney General's office operates on a may-issue basis, requiring applicants to make a proper showing of need. As of 2024, about 0.2% of Rhode Island's population had a concealed carry permit.
| Characteristics | Values |
|---|---|
| Constitutional carry law | Rhode Island does not have a constitutional carry law. It is a hybrid shall/may issue permitting state. |
| Concealed carry law | Concealed carry is legal with a CCW permit. |
| Concealed carry permit requirements | Applicants must be 21 or older, take a firearms training course, and pass a skill test. |
| Red flag law | Police can petition the court for an extreme risk protection order if they receive credible information of a significant and imminent risk. |
| Waiting period | There is a 7-day waiting period after purchasing a firearm before the buyer can take possession. |
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What You'll Learn
Concealed carry permits
In the United States, the laws surrounding carrying a concealed weapon vary from state to state. In Rhode Island, it is legal to carry a concealed weapon with a CCW (Carry Concealed Weapon) permit. The Rhode Island Attorney General's Office has defended the state's concealed carry permit laws, deeming them constitutional.
To obtain a CCW permit in Rhode Island, applicants must be 21 or older and make a "proper showing of need" for the license. Applicants must also provide certification of their ability to use a handgun. This includes obtaining a score of 195 or better out of 300, with 30 consecutive rounds at a distance of 25 yards. Additionally, a criminal background check is performed on each applicant before granting the permit. The sheriff has 45 days from the time of receiving all application materials to either issue or deny a permit.
Rhode Island offers both resident and non-resident licenses. However, some states only honor Rhode Island resident licenses, so it is important to check the laws of the state before traveling with firearms.
The cost of obtaining a concealed carry permit varies depending on the state and local regulations. In some counties, there is a $90 non-refundable fee, which includes a $10 fingerprinting fee.
It is important to note that the requirements and limitations on carrying firearms differ across states. While some states may allow permitless carry, studies have shown that weakening permitting systems can lead to an increase in handgun homicide rates and overall violent crime rates.
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Requirements for applicants
Rhode Island law states that local licensing authorities "shall issue" licenses to eligible applicants if it appears that the applicant is a suitable person to be licensed and has good reason to fear injury to their person or property, or has any other proper reason for carrying a handgun.
To be considered a "suitable person", an applicant must:
- Be 21 years of age or older.
- Have no criminal record or history of violence.
- Not be a danger to themselves or others.
- Have a bona fide residence or place of business in the city or town where they are applying, or a bona fide residence in another state with a license to carry a concealed weapon from that state.
In addition, applicants must provide:
- Fingerprints
- Photograph
- Name
- Address
- Signature
- Reason for desiring a license
Applicants must also certify that they are qualified to use a handgun of a caliber equal to or greater than the handgun they intend to carry. This requires obtaining a score of 195 or better out of 300, with 30 consecutive rounds at a distance of 25 yards.
Furthermore, applicants must explain why they need a firearm and how it will remedy their problem, as well as provide three notarized references. A firearms training course that includes a live-firing test is also required.
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The role of the Attorney General
In Rhode Island, the Attorney General plays a significant role in regulating and enforcing gun laws, particularly those related to concealed carry permits.
Firstly, the Attorney General is responsible for issuing licenses for carrying concealed weapons, also known as LCCWs (License to Carry Concealed Weapons). Applicants can obtain a concealed handgun license by applying directly to the Attorney General's office or through local licensing authorities, such as the police chief. The Attorney General has the discretion to "may-issue" these licenses, meaning they can grant a license to an individual who meets the eligibility criteria and demonstrates a proper need for carrying a handgun. This includes certifying the applicant's ability to use the handgun safely and responsibly.
The Attorney General's office also provides guidance and clarification to the public and law enforcement agencies regarding Rhode Island's gun laws. For example, after the Supreme Court's Bruen decision, Attorney General Peter F. Neronha shared guidance affirming that Rhode Island's concealed-carry permitting framework, which includes a minimum age requirement of 21 years old, remains constitutional.
Additionally, the Attorney General's office plays a crucial role in enforcing gun safety laws and regulations. They remind citizens of important dates and deadlines related to firearms safety laws, such as compliance with magazine capacity limits and ammunition purchase requirements. The Attorney General also works closely with law enforcement officers to ensure they have the necessary training and certifications to carry firearms under the Law Enforcement Officers Safety Act (LEOSA).
Furthermore, the Attorney General's office maintains the privacy and confidentiality of applicants for concealed handgun licenses. They are prohibited from disclosing any information provided by applicants, except in specific legal circumstances, such as prosecution for violation of license requirements or in response to a subpoena.
In conclusion, the Attorney General of Rhode Island has a significant role in upholding and enforcing the state's gun laws, particularly those related to concealed carry permits. They issue licenses, provide guidance, ensure safety, protect applicant privacy, and defend the constitutionality of the state's gun regulations.
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Reciprocity with other states
Rhode Island does not honor permits or licenses from other states. Non-residents with a permit from their home state may apply for a License to Carry Concealed Weapons (LCCW) through local law enforcement. The attorney general may issue LCCWs to non-residents without permits from their home state.
Rhode Island offers resident and non-resident licenses. However, some states only honor Rhode Island resident licenses and not those issued to non-residents.
Rhode Island requires concealed handgun license applicants to certify that they are qualified to use a handgun of a caliber equal to or greater than the handgun they intend to carry. Applicants are required to obtain a score of 195 or better out of a possible score of 300, with 30 consecutive rounds at a distance of 25 yards.
A firearms training course that includes a live-firing test is also required. It is important to check the laws of the other state before traveling with firearms, as each state determines the requirements and limitations on the carrying of firearms.
Rhode Island is a "shall-issue" state, meaning local law enforcement shall issue licenses to eligible applicants if they appear to be suitable and have a good reason to fear injury or have another proper reason for carrying a handgun. The Rhode Island attorney general may also issue a license to carry a handgun, concealed or not, to a person aged 21 or older who makes a proper showing of need and has certification of their ability to use the handgun.
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Red flag law
In the state of Rhode Island, there are laws in place that allow for the removal of firearms from individuals deemed to pose a significant danger to themselves or others. This is known as the Red Flag Law, or Extreme Risk Protection Order (ERPO). Under this law, law enforcement agencies are required to file an ERPO upon receiving credible information that a person poses an imminent threat with a firearm.
The Red Flag Law in Rhode Island allows law enforcement to petition the courts to remove firearms from individuals who are deemed to pose a significant danger of causing imminent personal injury to themselves or others by having access to a firearm. This law was enacted to address situations where law enforcement previously lacked the legal means to disarm individuals who were believed to be a danger to themselves or those around them.
The process for implementing the Red Flag Law in Rhode Island involves a hearing, often scheduled on the day the petition is filed. The petitioner, who can only be a law enforcement agency, must supply various documentation and sworn affidavits regarding the need for the ERPO. This law ensures that those who pose a legitimate risk do not remain armed, providing a legal process to keep firearms out of the hands of dangerous individuals.
Rhode Island is one of several states that have adopted Red Flag Laws following the Stoneman Douglas High School shooting in Parkland, Florida, in 2018. The state joined the ranks of other states leading the fight to prevent gun violence and enhance public safety. The implementation of this law demonstrates the state's commitment to addressing gun-related issues and ensuring the safety of its citizens.
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Frequently asked questions
No, Rhode Island does not have constitutional carry laws. The state requires a CCW permit for concealed carry.
The minimum age to carry a concealed firearm in Rhode Island is 21.
To obtain a concealed carry permit in Rhode Island, applicants must take a firearms training course that includes a live-firing test and explain why they need a firearm. They must also be certified to use the type of handgun they intend to carry.
Yes, non-residents can obtain a concealed carry permit in Rhode Island by applying through the Attorney General's office.
Applicants can submit their application to local law enforcement agents or the Attorney General's office. The application process includes providing fingerprints, a photograph, name, address, signature, and reason for desiring a license.
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