S 2710Violent Crime Penalties

Criminal Offenses - Unlawful Sale of Prohibited Firearms

This bill bans the possession of prohibited firearms, requiring owners to sell or transfer them out of state by late 2026.

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Introduced Feb 27, 2026Committee Senate Judiciary

Plain-English Summary

This legislation amends current firearm laws to explicitly ban the "possession" of prohibited firearms, in addition to the existing bans on manufacturing, selling, and purchasing them. Under this bill, individuals who currently own these firearms must sell or transfer them to a federally licensed dealer or a person out of state by December 31, 2026. Violating this law could result in up to ten years in prison and a fine of up to $10,000. Exceptions are made for law enforcement agencies and licensed dealers for specific business purposes.

For younger readers

This new rule changes the laws about certain types of dangerous guns that are not allowed. Before, you couldn't make them or sell them to people. Now, this rule says you are not allowed to have them at all. If someone already has one of these guns, they have to get rid of it by the end of 2026. They can sell it to a special gun store or to someone who lives in a different state where the gun is allowed. If they keep it, they could get in big trouble and go to jail.

Who & Where It Applies

Impacted groups

Gun ownersFederally licensed firearm dealersLaw enforcement agenciesFirearm manufacturersOut-of-state firearm buyers

Impacted communities

All

Constitutional & Fiscal Check

Likely Unconstitutional. This bill bans the possession of firearms that were likely legally purchased prior to enactment. This triggers significant Second Amendment challenges, particularly regarding weapons in "common use" as cited in recent Supreme Court rulings (*Bruen*, *Heller*). Furthermore, mandating divestment without compensation raises Fifth Amendment "Takings Clause" issues, and potentially violates Due Process by retroactively criminalizing the ownership of property legally acquired.

Estimated cost

Amount unknown

Estimated revenue

Amount unknown

Bill Analysis

Both viewpoints

For Progressives

Reduces the number of dangerous weapons in circulation, potentially lowering the risk of mass shootings and gun violence in communities.
Closes a loophole that allowed individuals to keep prohibited firearms purchased before the ban, ensuring a more complete removal of these weapons from society.
Prioritizes public safety and the collective welfare of the community over individual gun ownership rights regarding specific high-capacity or dangerous weaponry.
Enforcement could disproportionately target marginalized communities and people of color, potentially leading to increased incarceration rates for non-violent possession offenses.
Does not explicitly include a government-funded buyback program, which might financially harm lower-income individuals who legally purchased these items previously and now must sell them, possibly at a loss.
Relies heavily on the carceral system with long prison sentences (up to 10 years) rather than focusing on root causes of violence or restorative justice models.

For Conservatives

Clarifies the timeline for current owners to divest their property, providing a specific window (until Dec 31, 2026) to sell assets rather than facing immediate criminal liability.
Maintains exceptions for federally licensed firearm dealers to conduct business (sales to other dealers or out-of-state), preserving some commercial activity and business rights.
Ensures law enforcement agencies retain the full authority to purchase, possess, and transfer the necessary weaponry to perform their duties without restriction.
Infringes upon Second Amendment rights by criminalizing the mere possession of firearms that were previously legally acquired, challenging the right to keep and bear arms.
Turns law-abiding citizens into criminals if they fail to dispose of their private property within the specified timeframe, effectively punishing responsible gun owners.
Represents government overreach by mandating the removal of private property without offering government compensation, effectively functioning as a confiscation of assets.

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.