Unlicensed Possession of a Firearm

Criminal Defense Lawyer John L. Calcagni, III

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It is unlawful, without a license or permit, for a person to carry a pistol or revolver in any vehicle or conveyance or on or about his or her person whether visible or concealed.

However, there is an exception if the person is within his or her own home or at his or her place of business or on land possessed by him or her.

Under Rhode Island Criminal law, Carrying a Pistol Without a License may be found under Rhode Island General Laws, Section 11-47-8 (a).

Legal Elements of Carrying a Pistol Without a License

In order to be convicted of Carrying a Pistol Without a License under Rhode Island criminal law, there must exist strong evidence of the following legal elements:

  1. that the defendant carried the pistol either on his person or in a motor vehicle
  2. the defendant was in possession of the pistol in a place other than his or her home or business premises
  3. the pistol was operable
  4. that the defendant did so without a duly-issued license or permit

Potential Punishment if Convicted of Carrying a Pistol Without a License in Rhode Island

Under Rhode Island law, a conviction for Carrying a Pistol Without a License is a felony and the defendant shall be sentenced to a term in prison of not less than 1 year nor more than 10 years.

A defendant may also face this punishment if convicted of manufacturing, selling, purchasing, or possessing a machine gun without a license or permit to do so or otherwise falling within an exception. This penalty may be found under Rhode Island General Laws, Section 11-47-8 (a).


If you have been charged with gun possession and need representation, contact the Rhode Island Gun Defense Lawyers of the Law Office of John L. Calcagni III by email or call today at (401) 351-5100 to schedule a free consultation.