Restoring Your Gun Rights in Rhode Island: How to Get Firearm Rights Back

Two locks, not one: Rhode Island can restore your state right to possess a firearm, but that does not automatically make it legal to own a gun under federal law. Federal law has its own, separate felon-in-possession ban, and it only lifts under narrow conditions. Before you buy, receive, or so much as pick up a firearm, you need to know which lock — or locks — are still on the door.

Who loses firearm rights

Two overlapping systems restrict who can legally have a gun:

• Federal law (18 U.S.C. § 922(g)(1)): anyone convicted of a crime punishable by more than one year in prison — in any state or federal court, and whether or not the crime was “violent” — is barred from possessing a firearm or ammunition, unless relief applies.
• Federal law (18 U.S.C. § 922(g)(9), the “Lautenberg Amendment”): anyone convicted of a qualifying misdemeanor crime of domestic violence is also barred, even though it was never a felony.
• Rhode Island law (R.I. Gen. Laws § 11-47-5): bars possession for anyone convicted of a defined “crime of violence,” for a felony domestic-violence offense under § 12-29-5, or for a specific list of domestic-violence misdemeanors under § 12-29-5 (simple assault, cyberstalking/cyberharassment, violation of a protective order, and disorderly conduct involving force or a weapon). The “crime of violence” list in § 11-47-2 includes murder, manslaughter, rape, first- or second-degree sexual assault, first- or second-degree child molestation, kidnapping, first- or second-degree arson, mayhem, robbery, burglary, breaking and entering, assault with a dangerous weapon, assault or battery causing grave bodily injury, assault with intent to commit a felony, and certain felony drug manufacture, sale, delivery, or possession-with-intent offenses involving Schedule I or II controlled substances.

Note an important gap between the two systems: Rhode Island’s § 11-47-5 is built around that defined “crime of violence” list plus domestic-violence offenses — it does not impose a blanket “any felony” firearm ban. Federal law is broader: § 922(g)(1) reaches any felony-level conviction, violent or not. That means you can be entirely clear under Rhode Island’s statute — for example, with a non-violent, non-domestic felony — and still be a prohibited person under federal law. Because the two lists are not identical, always check both.

The single most important thing to understand: restoring your rights under Rhode Island law does not, by itself, restore your rights under federal law. These are two separate legal systems with two separate locks, and clearing the state lock does not automatically clear the federal one.

The two locks: state relief vs. federal relief

Under 18 U.S.C. § 921(a)(20), a prior conviction stops counting as a “conviction” for federal firearms purposes only if the relief you received — expungement, set-aside, pardon, or restoration of civil rights — both (1) restores your civil rights (typically the right to vote, hold office, and serve on a jury) and (2) does not expressly provide that you may still not possess firearms. If the state order that grants you relief says nothing about firearms, or if it explicitly keeps a firearms restriction in place, the federal bar can still apply even after Rhode Island considers your rights restored.

It gets narrower still if the conviction was a federal one. Under Beecham v. United States, 511 U.S. 368 (1994), a person convicted in federal court generally cannot use state restoration procedures to lift the federal firearms disability at all — federal convictions require federal relief. The federal government does have a statutory relief program for federal firearms disabilities, 18 U.S.C. § 925(c). For decades Congress blocked funding for it, making it unavailable in practice. In 2025 the U.S. Department of Justice moved to revive the program under its Office of the Pardon Attorney through a formal rulemaking, but exactly how and when it will operate was still being finalized as of this writing — so if your conviction is federal, check the current status of the § 925(c) process and also consider whether a presidential pardon or a specific federal record-sealing statute could apply to your case.

The bottom line: a Rhode Island court, board, or governor’s pardon can only ever fix the Rhode Island lock. Whether it also fixes the federal lock depends on the specific wording of the relief you get and, if your conviction was federal, may not be fixable through the state at all.

How Rhode Island restores firearm rights

Rhode Island does not have a single, generic “petition to restore gun rights” statute that covers every prohibited person. Instead, relief runs through a small number of specific mechanisms, and which one (if any) applies depends on exactly what you were convicted of:

• Expungement of the underlying conviction (R.I. Gen. Laws Chapter 12-1.3) — if the conviction itself is expunged, and it is not on the statute’s “crime of violence” exclusion list, it no longer counts as a disqualifying conviction under Rhode Island law.
• A specific court motion to lift the firearms prohibition (R.I. Gen. Laws § 11-47-5.5) — available only to people barred solely because of one of the enumerated domestic-violence misdemeanors listed in § 11-47-5(a)(4), and only if they are not otherwise prohibited under state law. It does not apply to felonies or crimes of violence.
• A gubernatorial pardon — in Rhode Island the Governor grants pardons only “by and with the advice and consent of the Senate,” typically after review by the state Parole Board (sitting as the Board of Executive Clemency). Pardons are discretionary and, historically, rarely granted. A pardon restores firearm rights only if it expressly says so; a pardon that is silent on firearms may not restore the right to possess a gun under either state or federal law.

Rhode Island does not offer automatic restoration simply because a sentence, probation, or parole is completed for a disqualifying “crime of violence” — that bar continues indefinitely unless the conviction is expunged (if eligible) or pardoned.

Waiting periods and eligibility

Waiting periods depend on which mechanism applies to you, and the exact figures can change, so confirm the current statute before relying on any number below:

• General expungement: as currently written, a person may move to expunge a felony conviction 10 years after completing the sentence, and a misdemeanor conviction 5 years after completing the sentence, provided the conviction is not on the excluded “crime of violence” list, no disqualifying prior or intervening convictions exist, and all court-ordered fines, costs, and fees are paid (unless waived by the court).
• Motion to lift a domestic-violence-misdemeanor firearms prohibition: currently available 5 years after completing the sentence, and only if no new qualifying § 11-47-5(a)(4) offense occurred during that period and you are not otherwise barred under state law.
• Pardon: Rhode Island sets no fixed statutory waiting period for a pardon — eligibility and timing are discretionary. Confirm current expectations with the Rhode Island Parole Board and the Governor’s office.

Convictions that qualify as a “crime of violence” — including murder, manslaughter, sexual assault offenses, child molestation, kidnapping, arson, robbery, burglary, and breaking and entering — are excluded from expungement under Rhode Island law, meaning the state firearms bar for those offenses has no expungement path at all. A pardon that expressly restores firearm rights is the only state-level route left for those convictions.

Steps to restore your gun rights in Rhode Island

1. Identify exactly why you’re barred. Pull your certified conviction record and identify the specific statute and offense level (felony vs. misdemeanor, and whether it fits Rhode Island’s “crime of violence” or domestic-violence definitions).
2. Check whether you’re also federally barred under 18 U.S.C. § 922(g)(1) or (g)(9), and whether the conviction was a state or federal one. Remember that a felony can trigger the federal bar even if Rhode Island’s § 11-47-5 does not list it.
3. Determine which Rhode Island mechanism, if any, fits — expungement under Chapter 12-1.3, the § 11-47-5.5 motion (domestic-violence misdemeanors only), or a gubernatorial pardon.
4. File in the correct court — generally the court where you were convicted — once any applicable waiting period has run, and provide the notice the statute requires (the court gives notice to the Rhode Island Attorney General and the police department that brought the original charge).
5. Attend the hearing. The Attorney General and the arresting agency may appear and object; the court decides in its discretion whether the statutory criteria are met.
6. Get the order in writing and read exactly what it restores. Confirm it addresses firearms specifically, not just “civil rights” in general.
7. Before buying, receiving, or possessing any firearm, confirm the federal effect with a lawyer. A Rhode Island order can be perfectly valid under state law and still leave you a federal felon in possession if it doesn’t satisfy 18 U.S.C. § 921(a)(20).

Permanent and serious exclusions

Under current Rhode Island law, convictions that meet the statutory “crime of violence” definition — including murder, manslaughter, rape and sexual assault offenses, child molestation, kidnapping, arson, robbery, burglary, and breaking and entering — are excluded from expungement and therefore have no clear expungement path back to lawful firearm possession under state law; a specifically-worded gubernatorial pardon is the remaining option. Federal convictions for serious felonies generally cannot be fixed through any Rhode Island procedure at all, per Beecham. If your conviction is serious or federal, treat this as a case for an experienced Rhode Island criminal defense attorney, not a do-it-yourself form.

Practical guidance

If you take nothing else from this page: get any restoration in writing, and do not possess, buy, or attempt to buy a firearm until a lawyer has confirmed — in writing, based on the actual order you received — that both the Rhode Island bar and the federal bar are cleared. Possessing a firearm while still federally prohibited is a federal felony, punishable by years in federal prison, even if you believe in good faith that your rights were “restored.” Don’t rely on a court clerk’s informal statement, a form letter, or what worked for someone else’s case — every conviction and every order is different, and the stakes of guessing wrong are a new federal charge.

This article is general legal information about Rhode Island and federal firearms law as of publication, not legal advice for your situation — confirm current statutes and get individualized guidance from a licensed Rhode Island attorney before buying or possessing a firearm.