S 2314Non-Violent Crime Penalties

Criminal Offenses - Large Capacity Feeding Device Ban of 2022

Reduces the prison time and fines for first-time violations of the state's ban on large capacity gun magazines.

Held for study

Population
Affected

Introduced Jan 23, 2026Committee Senate Judiciary

Plain-English Summary

This legislation amends the "Large Capacity Feeding Device Ban of 2022" by reducing the criminal penalties for a first-time violation. Under the current law, possessing, selling, or transferring a large capacity magazine can result in up to five years in prison and a $5,000 fine. This bill changes a first offense to a misdemeanor punishable by up to two years in prison and a fine of up to $1,000. However, any subsequent offenses remain felonies subject to the original, harsher penalties of up to five years in prison and a $5,000 fine.

For younger readers

There is a law in Rhode Island that says people are not allowed to have certain gun parts that hold a lot of bullets. Right now, if someone breaks this law, they can get in very big trouble, including going to jail for five years and paying a lot of money. This bill changes the rules for people who break this law for the first time. Instead of the big punishment, they would have a smaller punishment, like less time in jail and a smaller fine. If they break the law again, they still get the big punishment.

Who & Where It Applies

Impacted groups

Gun ownersFirearm dealersLaw enforcement officersCriminal defendantsGun safety advocates

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

None

Estimated revenue

Amount unknown

Bill Analysis

Both viewpoints

For Progressives

Reduces the severity of sentencing for non-violent possessory offenses, aligning with criminal justice reform goals to decrease mass incarceration and excessive prison terms.
Mitigates the financial impact on defendants by lowering maximum fines, preventing the justice system from disproportionately burdening lower-income individuals for a first offense.
Establishes a tiered penalty structure that distinguishes between first-time mistakes and habitual offenders, allowing for a more proportional and restorative approach to justice.
Weakens the enforcement teeth of a significant gun safety law, potentially signaling a relaxation in the state's commitment to removing dangerous high-capacity hardware from communities.
Reduces the deterrent effect of the ban, which could result in more large capacity magazines remaining in circulation and potentially being used in violent crimes.
May be interpreted as a concession to the gun lobby, undermining the hard-fought legislative victories of the gun violence prevention movement.

For Conservatives

Reduces the harshness of penalties for gun owners who may inadvertently possess a standard accessory, preventing them from facing excessive prison time for a victimless crime.
Prevents otherwise law-abiding citizens from facing the most severe felony-level consequences for a first-time violation of a technical regulation.
Pushing back against government overreach by lowering the confiscatory fines and lengthy sentences previously mandated for exercising what many view as Second Amendment rights.
Fails to repeal the underlying ban, meaning the state continues to infringe upon Second Amendment rights regarding the ownership of standard capacity magazines.
Maintains the criminalization of gun owners, ensuring that citizens can still be imprisoned and fined for possessing common firearm accessories.
Validates the legitimacy of the "Large Capacity Feeding Device Ban" by amending it rather than striking it down entirely.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 9 additions · 2 deletions

SECTION 1. Section 11-47.1-3 of the General Laws in Chapter 11-47.1 entitled "Large Capacity Feeding Device Ban of 2022" is hereby amended to read as follows: 11-47.1-3. Large capacity feeding devices prohibited.

(a) No person, except for a federally licensed firearm dealer, shall manufacture, sell, offer to sell, transfer, purchase, possess, or have under his or her control a large capacity feeding device, except as otherwise authorized under this chapter. Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor and punished by imprisonment of not more than ~~five (5)~~ two (2) years, or by a fine of up to ~~five thousand dollars ($5,000)~~ one thousand dollars ($1,000), and the large capacity feeding device shall be subject to forfeiture. For subsequent offenses, any person convicted of violating the provisions of this section shall be guilty of a felony and punished by imprisonment of not more than five (5) years or by a fine of up to five thousand dollars ($5,000) and the large capacity feeding devices shall be subject to forfeiture.

(b) The provisions of subsection (a) of this section shall not apply to:

(1) Any person who, on June 20, 2022, lawfully possesses a large capacity feeding device; provided that, within one hundred eighty (180) days of June 20, 2022, the person:

(i) Permanently modifies the large capacity feeding device such that it cannot hold more than ten (10) rounds of ammunition;

(ii) Surrenders the large capacity feeding device to the police department in the city or town where the person resides in accordance with the procedures for surrender of weapons set forth by the police department or the Rhode Island state police, or, if there is no such police department or the person resides out of state, to the Rhode Island state police; or

(iii) Transfers or sells the large capacity feeding device to a federally licensed firearm dealer or person or firm outside the State of Rhode Island that is lawfully entitled to own or possess such a feeding device. (2)(i) Any law enforcement officer exempt under §§ 11-47-9 and 11-47-9.1; or

(ii) A retired law enforcement officer exempt under §§ 11-47-9 and 11-47-9.1 who is not otherwise prohibited from receiving such a feeding device from such agency upon retirement, and who has a permit to carry pursuant to § 11-47-18(b).

(3) An active duty member of the Armed Forces of the United States or the National Guard who is authorized to possess and carry such a feeding device.

SECTION 2. This act shall take effect upon passage.