The gun laws in the United States regulate the sale, possession, and use of guns and ammunition. State laws vary and are independent of existing federal law. Rhode Island's gun laws can be seen as very restrictive compared to other states such as Texas. Recently, the courts in Rhode Island have gone to great lengths to severely punish people for firearms charges.

Even though the Second Amendment to the United States Constitution preserves the individual's right to possess firearms:

"A well-regulated militia, being necessary to the security of a free State, the right of the People to keep and bear arms, shall not be infringed"

and the Rhode Island Constitution,  Article I, Section 22 states

"The right of the people to keep and bear arms shall not be infringed.”

Rhode Island's regulation of the use and possession of firearms, from the size, type and power, as well as the ammunition used by the firearm is among the toughest regulations in the nation.

If you or a loved one has been charged with a firearm charge in Rhode Island, you need to consult with an experienced criminal defense attorney right away. The Law Office of Michael J. Zarrella has the experience and determination to help you to get you the best possible resolution to your gun case. Whether it is a dismissal, a reduction in charges or a favorable plea bargin Attorney Zarrella will help you along the way. Attorney Zarrella focuses his practice on criminal defense; he has been helping people charged with criminal charges for 20 years. Many people that are charged with a crime that involves a gun are looking at mandatory increased penalties. Do not take chances with your future. Call a criminal defense attorney that has a reputation of getting positive results.

Rhode Island Guns, Firearms and Weapons Penalties

Under Rhode Island general law 11-47-8, it is illegal for a person to carry a pistol or a revolver without a license or permit, except if he or she is in their dwelling house or place of business or on land possessed by him or her. The exemptions to this are few and far between. Anybody breaking this law can be subjected to a penalty of up to 10 years at the ACI , or by a fine of up to ten thousand dollars ($10,000) .

Addition law and penalties also exist for other gun charges:

11-47-5.1  Larceny of a firearm

Penalty Up to 20 years at the ACI (consecutive to any other sentence)

11-47-5.2  Possession of a stolen firearm

Penalty Up to 15 years at the ACI

11-47-20.2  Possession during commission of a felony

Penalty Up to (10) years at ACI , or a fine of not more than ten thousand dollars ($10,000), or both.

11-47-30  Sale, transfer or delivery of firearms to minors

Penalty Up to 20 years at the ACI

Possession of arms by person convicted of crime of violence or who is a fugitive from justice

Penalty not less than two (2) nor more than ten (10) years at the ACI; and for penalties provided in this section defendant shall not be afforded the benefit of suspension or deferment of sentence nor of probation.

11-47-24  Alteration of marks of identification on firearms

Penalty Up to 5 years at the ACI

11-47-3  Carrying dangerous weapons or substances when committing crime of violence.

Penalty first Conviction: not less than three (3) nor more than ten (10) years at ACI;

Penalty second conviction: not less than ten (10) nor more than twenty (20) years at ACI;

Penalty third or subsequent conviction: not less than fifteen (15) years up to to life at ACI.

For the penalties provided in this section defendant shall not be afforded the provisions of suspension or deferment of sentence, nor of probation

11-47-3.2  Using a firearm when committing a crime of violence

Penalty Up to (10) years at ACI first offense

Penalty up to 20 years at ACI second offense

For the penalties provided in this section defendant shall not be afforded the benefits of deferment of sentence or parole

11-47-3.2  Using a firearm when committing a crime of violence (discharges a firearm)

   (1) Ten (10) years, if no injury to any other person results from the discharge;

   (2) Twenty (20) years, if a person other than a police officer is injured by the discharge of the firearm, or if a police officer who is engaged in the performance of his or her duty is deliberately endangered by the person's discharge of the firearm;

   (3) Life, if a police officer who is engaged in the performance of his or her duty is injured by the discharge of the firearm; and

   (4) Life, if the death or permanent incapacity of any person (other than the person convicted) results from the discharge of the firearm; provided that, involuntary manslaughter shall not be considered a "crime of violence" for the purpose of subdivision (b)(4) only.

   (c) The penalties run consecutively, and not concurrently, to any other sentence imposed and, the person shall not be afforded the benefits of deferment of sentence or parole; provided, unless person is serving a life sentence.

11-47-20.1  Armor-piercing bullets

Penalty: up to three (3) years at the ACI, or a fine of not more than five thousand dollars ($5,000), or both.

Penalty Up to 15 years at the ACI

11-47-20  Sale or possession of silencers.

Penalty Up to 1 year and 1 day at ACI

11-47-50  Firing without landowner's permission – Firing in compact area.

Penalty is a misdemeanor, up to one year at ACI, fine up to $500, or both

11-47-52  Carrying of weapon while under the influence of liquor or drugs

Penalty Up to (5) years at ACI , or a fine of not more than thousand dollars ($1,000), or both.

11-47-42  Weapons other than firearms prohibited (knife with a blade of more than three (3) inches, blackjack, slingshot, billy, sandclub, sandbag, metal knuckles, slap glove, bludgeon, stun-gun, or the so called "Kung-Fu" weapons, crossbow, dagger, dirk, stiletto, sword-in-cane, bowie knife.

Penalty Up to 1 year at the ACI, $1000 fine or both

As you can see, guns and weapon crimes in Rhode Island are the subject of many more harsh mandatory sentencing provisions than other crimes.  Criminal offenses are severely enhanced by possession,  use, or discharge of a firearm charge. People that may have a somewhat trivial or lesser crime, can end up with a very large sentence based on the penalty enhancement in the gun laws.

Rhode Island Defenses to Guns, Firearms and Weapons charges.

Although Rhode Island has severe sentencing laws related to guns, firearms and weapons offenses, there are viable and achievable defenses which can be raised. Rhode Island's search and seizure defenses, Miranda defense, Castle Doctine and other self defense-related trial strategies may come into play with your weapon or firarm case. Do not forget, in a criminal court room you need not prove anything, the state has the burden to prove that you comitted a crime beyond a reasonable doubt. Hire an attorney who will fight the state in their effort to convict you.

If you are charged in the state of Rhode ilsnad with a guns, weapons or firearm charge, your freedom is likely at risk. You need a lawyer with a reputation of success. Call Michael J. Zarrella, now.