Rhode Island
RI Gen. Laws §8-8.3-1 to §8-8.3-14

Who May Petition

Law Enforcement Agency

Burden of proof for Emergency Order or Ex Parte Order

Finding  there is probable cause  that the respondent poses a significant danger of causing imminent personal injury to self or others by having in their custody or control, or by purchasing, possessing, or receiving, a firearm before notice can be served and a hearing held.

Notice and Opportunity

Court sets hearing date within 14 days and includes it in temporary order

Service

By LEA petitioner

What is Prohibited?

Custody, control, or possession of a firearm. Purchase, receipt, or attempt to purchase or receive.

Relinquish Firearms

Respondent must relenquish all firearms to LEA. Also relenquish concealed carry permit.

Seizure by LEA

Search Warrant shall issue contemporaneus with temporary order.

Burden of Proof at Hearing

Clear and convincing evidence that the respondent poses a significant danger of causing imminent personal injury to self or others by having in their custody or control, or by purchasing, possessing, or receiving, a firearm

Authority to Order Mental Health/Substance Abuse Evaluation

Yes

Entry into NICS

Attorney General must enter into NICS and other available state and federal criminal intelligence information databases

Duration of Order after Hearing

1 year

Warrantless Arrest Permitted in Statute

 

Criminal Penalty

If respondent has actual notice of order, violation is a felony punishable by up to 10 years and/or not more than $10,000

Contempt Penalty

Contempt for violation

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