Carrying Under the Influence - Rhode Island

Overview

Rhode Island does not have a specific standalone statute that explicitly prohibits carrying a concealed firearm while under the influence of alcohol, unlike many other states that have dedicated "carrying while intoxicated" laws.

However, Rhode Island law does address the intersection of firearms and controlled substances, and general impairment-related conduct may be addressed through other legal provisions.

Firearms and Controlled Substances

R.I. Gen. Laws § 11-47-8(c) - Firearm Possession During Drug Offenses

Rhode Island law explicitly prohibits possessing a firearm while engaged in certain controlled substance offenses:

"No person shall have in his or her possession or under his or her control any firearm while the person delivers, possesses with intent to deliver, or manufactures a controlled substance."

Key provisions:

• Penalty: Imprisonment of not less than 2 years nor more than 20 years
• Consecutive sentencing: The sentence is mandatory consecutive to any sentence received for the underlying drug offense
• No permit defense: It is not a defense that the person holds a valid license or permit to carry or possess a firearm

Note: This statute targets the combination of firearm possession with drug delivery, manufacturing, or possession with intent to deliver - not simple use or intoxication.

Alcohol and Firearms

Rhode Island does not have a statute in Title 11, Chapter 47 (the primary firearms chapter) that specifically addresses carrying a firearm while under the influence of alcohol or while intoxicated. Permit holders should be aware that:

• General conduct laws may still apply - disorderly conduct, public intoxication ordinances, or reckless endangerment statutes could be invoked if impaired carry creates a public safety concern
• Permit revocation risk - Irresponsible conduct while carrying, including intoxication, could jeopardize a concealed carry license issued under §§ 11-47-11 or 11-47-18
• Federal law - Federal prohibited persons provisions (18 U.S.C. § 922(g)(3)) prohibit firearm possession by any person who is "an unlawful user of or addicted to any controlled substance"

Practical Guidance for Permit Holders

Although Rhode Island lacks a specific "carrying under the influence" statute:

1. Carrying while impaired is strongly discouraged - Impairment affects judgment, reaction time, and decision-making, all of which are critical to responsible firearm handling
2. Other charges remain possible - Law enforcement may pursue charges under disorderly conduct, reckless endangerment, or other applicable statutes
3. Bars and restaurants - Rhode Island does not have a blanket statutory prohibition on carrying in establishments that serve alcohol, but individual establishments may prohibit firearms on their premises

Relevant Statutes

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Note: The absence of a specific "carrying under the influence" statute does not constitute legal permission to carry while impaired. Permit holders should exercise sound judgment and consult a Rhode Island firearms attorney for advice on specific situations. Laws current as of the most recent amendment to § 11-47-8, effective June 27, 2023.