How to Sell a Gun in Rhode Island
If you are wondering how to sell a gun in Rhode Island, it is important to have knowledge of the State’s gun laws to ensure you’re in compliance and don’t break any laws. The State of Rhode Island has regulations that concern owning, transferring, and carrying firearms. To sell your firearm to another individual, you’ll need to understand the current laws regulating the transfer of firearms.
What are the Requirements to Legally Purchase a Firearm in Rhode Island?
In order to purchase a firearm legally through a Federal Firearms Licensed dealer, the buyer must be 18 years old to purchase rifles, shotguns and ammunition. Buyers looking to purchase handguns must be at least 21 years old. No permits or registration are required to own a firearm in this state.
Anyone purchasing a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms form 4473 (firearms transaction form). This form will be maintained by the dealer. A firearms purchaser must, under the permanent provisions of the Federal Brady Law, also undergo a National Instant Criminal Background Check System check, which will be performed by the firearms dealer.
This check will indicate to the dealer whether the purchaser’s background allows for the person to complete the purchase of the firearm. If the check disallows the sale for no warranted reason, there is an appeal process the purchaser can pursue to receive the necessary clearance to complete the
Selling a Gun to a Private Party in Rhode Island
The sale of a pistol, revolver, rifle and shotgun all require a seven-day waiting period and a background check.
At the time of applying for the purchase of a concealable firearm (pistol/revolver), the purchaser shall:
- Complete and sign in triplicate and deliver to the person selling the pistol or revolver the application form in this section (11-47-35), and in no case shall it contain the serial number of the pistol or revolver
- Present to the person selling the pistol or revolver a pistol/revolver safety certificate issued by the department of environmental management. The certificate shall be retained in possession of the buyer and certifies that the purchaser has completed a basic pistol/revolver safety course administered by the department of environmental management.
At the time of applying for the purchase of a shotgun or rifle, the purchaser shall complete and sign in triplicate and deliver to the seller the application for described in this section (11-47-35.2) and in no case shall it contain the serial number of the rifle or shotgun.
The person who is selling the pistol, revolver, shotgun or rifle:
- Shall, on the date of application, sign and forward by registered mail or by delivery in person, the original and duplicate copies of the application to the superintendent of the Rhode Island state police or the chief of police in the city or town in which the seller has his or her residence or place of business.
- The superintendent of the Rhode Island state police or the chief of police in the city or town in which the person has his or her residence or place of business shall mark or stamp the original copy of the application form with the date and time of receipt and return it by the most expeditious means to the seller.
- The triplicate copy duly signed by the seller shall within seven days be sent by him or her by registered mail to the attorney general. The person shall retain the original copy duly receipted by the police authority to whom sent or delivered for a period of six years with other records of the sale.
- It shall be the duty of the police authority to whom the duplicate copy of the application form is sent or delivered to make a background check of the applicant to ascertain whether he or she falls under the provisions of § 11-47-5, 11-47-6, 11-47-7, or 11-47-23.
- If, after the lapse of seven days from twelve o’clock noon of the day following application, no disqualifying information has been received from the investigating police authority by the person who is selling the pistol, revolver, rifle or shotgun, he or she will deliver the firearm applied for to the applicant.
The provisions of § 11-47-35 shall not apply to full-time members of the state police, full-time members of the state marshal’s office, full-time members of city or town police departments, or state marshals or correctional officers or persons licensed under § 11-47-11.
Rhode Island Firearm Ownership Restrictions
FEDERAL DISQUALIFICATION CATEGORIES
- Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if a buyer did not receive actual imprisonment exceeding 1 year).
- Warrant (felony or out-of-state misdemeanor).
- Felony pre-trial release.
- Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
- Unlawful use or addicted to a controlled substance (including marijuana).
- Dishonorable discharge from the armed forces.
- Renounced U.S. citizenship.
- Illegal alien.
Rhode Island State Restrictions on Gun Ownership
Along with federal restrictions, Rhode Island states that no person shall purchase, own, carry, transport, or have in his or her possession any firearm if that person:
- Has been convicted in this state or elsewhere of a crime of violence
- Is a fugitive from justice
- 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
- 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:
- Simple assault
- Cyberstalking and cyberharassment
- Violation of a protective order
- Disorderly conduct (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)
- 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) and (a)(4) of this section (11-47-5), 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.
- 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.
- 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.
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The information contained on this website has been prepared as a service to the internet community and is not intended to constitute legal advice. CashMyGuns.com has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk and should consult their local firearm law resources and/or an attorney when engaging in selling a firearm. The cited information in this article was obtained on 5/7/2020.