H 8073Non-Violent Crime Penalties

Criminal Offenses - Unlawful Sale of Prohibited Firearms

This bill bans the possession of prohibited firearms, requiring owners to sell or remove them from the state by 2026.

Held for study

Population
Affected

Introduced Feb 27, 2026Committee House Judiciary

Plain-English Summary

This legislation expands the state's restrictions on "prohibited firearms" to include a ban on possessing them. Previously, the law only banned the manufacture, sale, and purchase of these weapons. Under this new bill, individuals who currently own these firearms must sell or transfer them to a federally licensed dealer or to someone out of state by December 31, 2026. After this deadline, possession of such a firearm will be a felony punishable by up to ten years in prison and a fine of up to $10,000. Exceptions remain for law enforcement and licensed dealers.

For younger readers

This law changes the rules for certain dangerous guns that the government does not want people to have. Before, you were not allowed to make or buy them. Now, you are not allowed to own or keep them at all. If someone already has one of these guns, they must sell it to a special store or move it to another state before the end of the year 2026. If they keep the gun after that time, they could go to jail or pay a lot of money. Police officers are still allowed to have them.

Who & Where It Applies

Impacted groups

Gun ownersFederally licensed firearm dealersLaw enforcement agenciesPolice officers

Impacted communities

All

Constitutional & Fiscal Check

High risk

High Risk. The bill bans the possession of firearms that were previously legally acquired and creates a mandatory divestment period. This is likely to face significant challenges under the Second Amendment, specifically the "historical tradition" test established in *NYSRPA v. Bruen*. Furthermore, forcing owners to dispose of property under threat of imprisonment without guaranteed government compensation may violate the Fifth Amendment's Takings Clause.

Estimated cost

Amount unknown

Estimated revenue

Amount unknown

Bill Analysis

Both viewpoints

For Progressives

Significantly reduces the number of high-capacity or dangerous weapons in circulation, which may lower the potential for mass casualty events and enhance community safety.
Closes a "grandfathering" loophole that allowed dangerous weapons to remain in communities simply because they were purchased before a specific date, ensuring consistent safety standards.
Prioritizes the collective welfare and safety of the general public over the individual desire to possess specific types of military-grade weaponry.
Creates a new category of non-violent felony offenses, which could lead to increased incarceration rates and disproportionately affect marginalized communities who may not be aware of the new compliance deadlines.
Focuses heavily on the prohibition of specific tools rather than addressing the systemic root causes of violence, such as poverty, mental healthcare access, and social inequality.
Relies on police enforcement and the criminal justice system to manage compliance, which may increase negative interactions between law enforcement and minority communities.

For Conservatives

Maintains specific exceptions for law enforcement agencies, ensuring that police forces remain fully equipped with necessary weaponry to maintain law and order.
Preserves the commercial rights of federally licensed firearm dealers to continue buying, selling, and transferring these items, rather than banning their business operations entirely.
Provides a defined grace period for divestment rather than immediate unannounced seizure, offering a procedural window for owners to recoup some value through sales to dealers.
Directly infringes upon the Second Amendment rights of law-abiding citizens by banning the possession of property that was legally purchased and owned.
Functions as a government confiscation of private property without direct compensation, forcing owners to sell or move items they wish to keep, which violates principles of property rights.
Turns peaceful citizens into felons overnight if they fail to navigate the bureaucracy of selling or transferring their property by an arbitrary deadline.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 7 additions · 1 deletion

SECTION 1. Section 11-47.2-2 of the General Laws in Chapter 11-47.2 entitled "Unlawful Sale of Prohibited Firearms [Effective July 1, 2026.]" is hereby amended to read as follows: 11-47.2-2. ~~Restrictions on manufacture, sale, and purchase of prohibited firearms.~~ Restrictions on manufacture, sale, possession, and purchase of prohibited firearms. [Effective July 1, 2026.]

(a) No person shall manufacture, sell, offer to sell, transfer, possess, or purchase a prohibited firearm, except as otherwise authorized under this section. Any person convicted of violating this subsection shall be punished by imprisonment of not more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), and the prohibited firearm shall be subject to forfeiture.

(b) The following limited exceptions to subsection (a) of this section shall apply:

(1) A person who lawfully possesses a prohibited firearm prior to July 1, 2026, may sell, offer to sell, or transfer their prohibited firearm to a federally licensed firearm dealer, or to an individual outside the state who may lawfully possess such weapon by December 31, 2026.

(2) A federally licensed firearm dealer may sell, offer to sell, or transfer a prohibited firearm to another federally licensed firearm dealer, or to a law enforcement entity identified in subsection (b)(3) of this section, or to an individual outside the state who may lawfully possess such weapon.

(3) A law enforcement agency, acting under authority of the United States, the state, or any of its political subdivisions, to import or purchase a prohibited firearm and may lawfully sell, offer to sell, or transfer a prohibited firearm to a federally licensed firearm dealer or to another law enforcement agency, acting under authority of the United States or a state or any of its political subdivisions.

SECTION 2. This act shall take effect upon passage.