Bill Sponsors
Euer, Valverde, Quezada, Kallman, Lauria, Vargas, Acosta, Mack, Pearson, and Zurier
Committee
Senate Judiciary
Summary
Select
This legislation amends Rhode Island's weapons laws to expand the category of individuals prohibited from owning, carrying, or possessing firearms. Specifically, it extends the ban to include any person who has been convicted of or pleaded "nolo contendere" (no contest) to any felony, regardless of whether the crime involved violence. Previously, the prohibition primarily focused on crimes of violence and specific domestic offenses. The bill also establishes a specific penalty for this new category of offenders, punishable by imprisonment for up to ten years, distinct from the mandatory minimums applied to violent offenders.
Sponsor
Analysis
Pros for Progressives
- Increases public safety by restricting firearm access for a broader class of individuals who have demonstrated a disregard for the law through serious criminal conduct.
- Closes potential loopholes in the existing regulatory framework by ensuring that perpetrators of serious non-violent felonies are also prevented from acquiring lethal weapons.
- Aligns with general gun safety advocacy goals to reduce the overall prevalence of firearms in the hands of those with criminal histories.
Cons for Progressives
- Expands the carceral state by creating new pathways for imprisonment for up to ten years based on possession rather than a new violent act.
- Disproportionately impacts marginalized communities and people of color, who are statistically more likely to have felony convictions due to systemic biases in the criminal justice system.
- Perpetuates the permanent punishment of individuals who have already served their time, hindering their full reintegration into society by stripping them of civil rights indefinitely.
Pros for Conservatives
- Reinforces a strict "law and order" philosophy by ensuring that individuals who commit serious crimes lose the privilege of gun ownership.
- Clarifies the legal consequences for criminal activity, establishing a clear statutory penalty for felons who attempt to arm themselves.
- Focuses gun restrictions specifically on convicted criminals rather than imposing new burdens or regulations on law-abiding gun owners.
Cons for Conservatives
- Expands government infringement on Second Amendment rights by stripping the right to self-defense from individuals convicted of non-violent felonies, such as white-collar crimes.
- Creates a "slippery slope" for disarmament, potentially allowing the state to classify more offenses as felonies to disarm a larger portion of the population.
- Grants the government excessive power to imprison individuals for up to a decade for mere possession of property, without requiring proof of violent intent or a victim.
Constitutional Concerns
Moderate Risk. While prohibiting felons from possessing firearms is a long-standing practice, the U.S. Supreme Court's *Bruen* decision has led to successful lower court challenges regarding lifetime bans for *non-violent* felons (e.g., *Range v. Attorney General*). By expanding the prohibition to "any" felony rather than just violent crimes, this bill may face scrutiny regarding whether disarming non-violent offenders is consistent with the nation's historical tradition of firearm regulation.
Impact Overview
Groups Affected
- Felons
- Gun Owners
- Law Enforcement
- Judicial System
- Correctional Facilities
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
None
BillBuddy Impact Ratings
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Public Services
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Regulatory
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Clarity of Bill Language
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Environmental Impact
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Privacy Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/09/2026 Introduced, referred to Senate Judiciary
Bill Text
SECTION 1. Section 11-47-5 of the General Laws in Chapter 11-47 entitled "Weapons" is hereby amended to read as follows:
11-47-5. Possession of firearms by certain persons prohibited.
(a) No person shall purchase, own, carry, transport, or have in his or her possession any firearm if that person:
(1) Has been convicted in this state or elsewhere of a crime of violence;
(2) Has, in this state or elsewhere, entered a plea of nolo contendere to or been convicted of a felony;
(2)(3) Is a fugitive from justice;
(3)(4) Has, in this state or elsewhere, entered a plea of nolo contendere to or been convicted of an offense punishable as a felony under § 12-29-5; or
(4)(5) Has, in this state or elsewhere, entered a plea of nolo contendere to or been convicted of any of the following offenses punishable as a misdemeanor under § 12-29-5:
(i) Simple assault (§ 11-5-3);
(ii) Cyberstalking and cyberharassment (§ 11-52-4.2);
(iii) Violation of a protective order (as set forth in § 12-29-2(a)(10); or
(iv) Disorderly conduct (§ 11-45-1).
(A) A disorderly conduct conviction shall result in prohibition under this section if and only if the offense involves the use or attempted use of force or the threatened use of a dangerous weapon.
(5)(6) The provisions of this subsection shall apply to all persons who enter a plea of nolo contendere to or have been convicted of any of the offenses specified in subsections (a)(3)(4) and (a)(4)(5) of this section, unless and until that person’s matter has been expunged, or upon the completion of the sentence of a one-year filing, or the end of a one-year probationary period that no longer constitutes a conviction pursuant to § 12-18-3.
(b) No person shall purchase, carry, transport, or have in his or her possession any firearm if that person is subject to an order issued pursuant to chapter 15 of title 15, chapter 8.1 of title 8, or an equivalent order in this state or elsewhere, which order was issued after the person restrained has received notice of the proceedings and had an opportunity to be heard.
(c) No person who is in community confinement pursuant to the provisions of § 42-56- 20.2, or who is otherwise subject to electronic surveillance or monitoring devices as a condition of parole, shall purchase, carry, transport, or have in his or her possession any firearm. This subsection shall not apply to any person who has not been convicted of (or pleaded guilty or nolo contendere to) a crime of violence in a court of competent jurisdiction.
(d) Every person violating the provisions of this section, with the exception of subsection (a)(2) of this section, shall, upon conviction, be punished by imprisonment for not less than two (2)nor, but not more than ten (10) years; and for penalties provided in this section he or she shall not be afforded the benefit of suspension or deferment of sentence nor of probation, of which the court may not suspend the first two (2) years of the sentence.
(e) Every person violating the provisions of subsection (a)(2) of this section shall be punished by imprisonment for not more than ten (10) years.
SECTION 2. This act shall take effect upon passage.
11-47-5. Possession of firearms by certain persons prohibited.
(a) No person shall purchase, own, carry, transport, or have in his or her possession any firearm if that person:
(1) Has been convicted in this state or elsewhere of a crime of violence;
(2) Has, in this state or elsewhere, entered a plea of nolo contendere to or been convicted of a felony;
(i) Simple assault (§ 11-5-3);
(ii) Cyberstalking and cyberharassment (§ 11-52-4.2);
(iii) Violation of a protective order (as set forth in § 12-29-2(a)(10); or
(iv) Disorderly conduct (§ 11-45-1).
(A) A disorderly conduct conviction shall result in prohibition under this section if and only if the offense involves the use or attempted use of force or the threatened use of a dangerous weapon.
(b) No person shall purchase, carry, transport, or have in his or her possession any firearm if that person is subject to an order issued pursuant to chapter 15 of title 15, chapter 8.1 of title 8, or an equivalent order in this state or elsewhere, which order was issued after the person restrained has received notice of the proceedings and had an opportunity to be heard.
(c) No person who is in community confinement pursuant to the provisions of § 42-56- 20.2, or who is otherwise subject to electronic surveillance or monitoring devices as a condition of parole, shall purchase, carry, transport, or have in his or her possession any firearm. This subsection shall not apply to any person who has not been convicted of (or pleaded guilty or nolo contendere to) a crime of violence in a court of competent jurisdiction.
(d) Every person violating the provisions of this section, with the exception of subsection (a)(2) of this section, shall, upon conviction, be punished by imprisonment for not less than two (2)
(e) Every person violating the provisions of subsection (a)(2) of this section shall be punished by imprisonment for not more than ten (10) years.
SECTION 2. This act shall take effect upon passage.