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H 8067Violent Crime Penalties

Criminal Offenses - Weapons

This bill prohibits anyone with any felony conviction from possessing a firearm and establishes specific prison penalties for violations.

Held for study
Population
Affected
8
Email Legislator
Introduced Feb 27, 2026Committee House Judiciary

Plain-English Summary

This legislation amends Rhode Island's weapons laws regarding the possession of firearms. Currently, the law prohibits possession by those convicted of "crimes of violence." This bill expands that prohibition to include any person who has been convicted of or pleaded nolo contendere to any felony, regardless of whether it was violent. It establishes a penalty of up to ten years in prison for this specific new violation. Additionally, the bill clarifies sentencing guidelines for existing violations, mandating that the first two years of a sentence for violent offenders cannot be suspended.

For younger readers

This law changes the rules about who is allowed to own a gun. Before, people who did really violent things were not allowed to have guns. Now, the law says that if a person commits a serious crime called a "felony"—even if it wasn't a violent fight—they cannot own a gun anymore. If someone breaks this rule, they could go to jail for up to ten years. It also makes sure that people who committed violent crimes serve at least two years in jail if they are caught with a gun.

Who & Where It Applies

Impacted groups
Convicted FelonsGun OwnersLaw Enforcement OfficersCriminal Defense AttorneysJudges
Impacted communities
All

Constitutional & Fiscal Check

High. The Supreme Court's ruling in *NYSRPA v. Bruen* requires gun regulations to be consistent with the nation's historical tradition of firearm regulation. While prohibiting violent felons is generally accepted, federal courts are currently split on whether lifetime bans for *non-violent* felons are constitutional. This bill's expansion to include all felonies could be challenged as a violation of the Second Amendment rights of non-violent offenders.

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Enhances community safety by reducing the number of firearms accessible to individuals with a history of serious criminal behavior.
  • Closes a potential loophole that allowed individuals with non-violent but serious felony convictions to legally possess deadly weapons.
  • Standardizes the legal consequences for firearm possession by prohibited persons, potentially reducing judicial inconsistency in sentencing.
  • Expands the carceral state by creating new pathways to imprisonment for non-violent offenders, potentially exacerbating mass incarceration.
  • Likely to disproportionately impact marginalized communities of color, who are statistically more likely to have felony records due to systemic bias in the justice system.
  • Permanently strips constitutional rights from individuals who may have been convicted of non-violent offenses (like drug possession) long ago, hindering their reintegration into society.
For Conservatives
  • Strengthens law and order by ensuring that individuals with serious criminal records are strictly prohibited from arming themselves.
  • Reinforces mandatory minimum sentencing requirements for violent criminals caught with guns, ensuring they serve at least two years behind bars.
  • Provides law enforcement and prosecutors with clearer tools to charge and detain career criminals found in possession of weapons.
  • Infringes upon the Second Amendment rights of citizens who have committed non-violent felonies and have paid their debt to society.
  • Grants the government broad power to strip fundamental rights based on a wide classification of "felony," which can include non-violent white-collar or procedural crimes.
  • Removes judicial discretion by imposing blanket bans rather than evaluating an individual's actual risk to the community.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 16 additions · 9 deletions

It is enacted by the General Assembly as follows:

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.