Constitutional Carry in Rhode Island

Status: Not Enacted

Rhode Island does not recognize constitutional carry (also known as permitless carry). A license or permit is required to carry a pistol or revolver outside one's dwelling, place of business, or owned land.

Statutory Basis

R.I. Gen. Laws § 11-47-8 - License or Permit Required

Under § 11-47-8(a), no person shall carry a pistol or revolver in any vehicle or conveyance, or on or about his or her person - whether visible or concealed - without a license or permit issued pursuant to §§ 11-47-11, 11-47-12, and 11-47-18. The only exceptions are:

• In one's own dwelling house or place of business
• On land possessed by the individual
• Specific exemptions under §§ 11-47-9 and 11-47-10
• Holders of valid out-of-state permits who are merely transporting a firearm through Rhode Island without intent to remain in the state

Penalty for violation: Imprisonment of 1-10 years, a fine up to $10,000, or both. Repeat offenders are not eligible for suspension, deferment of sentence, or probation.

Most recently amended: P.L. 2023, ch. 395, art. 2, § 3, effective June 27, 2023.

Rhode Island's Dual Permitting System

Rhode Island operates a two-track concealed carry permitting system:

1. Municipal Permits - "Shall Issue" (§ 11-47-11)

• Local licensing authorities (typically local police departments) shall issue a permit to qualified, suitable applicants
• Applicants must be at least 21 years old
• Must reside in or have a place of business in the issuing city/town, or reside in the U.S. and hold a valid permit from another state
• No showing of need required (Gadomski v. Tavares, 113 A.3d 387, 392 (R.I. 2015))
• Concealed carry only

2. Attorney General Permits - "May Issue" (§ 11-47-18)

• The Attorney General may issue a permit at their discretion
• Requires a "proper showing of need"
• Applicants must be at least 21 years old
• Permits may authorize both concealed and open carry
• Separate process available for retired law enforcement officers under § 11-47-18(b)

Common Requirements for Both Tracks

• Application fee: $40.00 (R.I.G.L. § 11-47-12)
• Permits valid for 4 years from date of issuance (§§ 11-47-12, 11-47-13)
• Applicant must demonstrate firearm proficiency with a pistol or revolver of a caliber equal to or larger than the one intended to be carried (§§ 11-47-15, 11-47-16)
• Background check, fingerprinting, and suitability determination required
• Suitability means the applicant is not prohibited from possessing a firearm under state or federal law and there are no specific public safety reasons to deny the permit

Exempt Persons (§ 11-47-9)

The following individuals are exempt from the permit requirement and may carry concealed firearms throughout Rhode Island:

• Sheriffs and deputy sheriffs
• State police superintendent and members
• Rhode Island Airport Police and Capitol Police
• State Fire Marshal and designated deputies
• Correctional officers and inspectors within the Department of Corrections
• City or town police force members
• Capitol police investigators of the Department of Attorney General
• Active-duty members of the U.S. Armed Forces (Army, Navy, Air Force, Space Force, Marine Corps), National Guard, or organized reserves when on duty
• Federal officers and employees authorized by law to carry concealed firearms
• Authorized civilian guards and criminal investigators at military establishments
• Railroad police while on assignment or traveling to/from assignments
• Conservation officers and other duly appointed law enforcement officers

Additionally, persons may transport pistols or revolvers unloaded between their residence, place of business, place of purchase, gunsmith, firearms repair facility, or gun buy-back program - provided ammunition is not readily accessible from the passenger compartment (§ 11-47-9(a)).

Impact of New York State Rifle & Pistol Ass'n v. Bruen (2022)

Following the U.S. Supreme Court's decision in Bruen (June 23, 2022), which struck down New York's "special need" requirement for concealed carry permits, the Rhode Island Attorney General issued formal guidance (AG 2022-01) confirming that:

• Rhode Island's permitting scheme is constitutional and unaffected by Bruen
• The Supreme Court specifically noted that Rhode Island provides access to a licensing process that does not require a showing of need (through the municipal "shall issue" track)
• Rhode Island was not among the six states and D.C. identified as having constitutionally problematic schemes
• The Rhode Island Supreme Court has held that the dual system "fulfills" the constitutional right to keep and bear arms (Mosby v. Devine, 851 A.2d 1031, 1047 (R.I. 2004))

Recent Firearms Legislation Trend

Rhode Island's recent legislative trend has moved toward stricter firearms regulation, not toward constitutional carry:

• 2022: Ban on large-capacity magazines (over 10 rounds), effective with compliance deadline of December 18, 2022
• 2022: Ban on open carry of loaded shotguns and rifles in public
• 2022: Minimum age to purchase any firearm or ammunition raised from 18 to 21
• 2023 (effective Jan. 1): New ammunition purchase requirements - must be 21+ and possess a valid DEM pistol/revolver safety certificate, RI hunter education card, or carry permit
• 2023: Ghost gun and undetectable firearm ban added to § 11-47-8(e), effective June 27, 2023
• 2024: Secure storage information and awareness requirements for licensed firearms dealers (§ 11-47-60.4), effective June 13, 2024
• 2025 (signed June 26, 2025): Ban on manufacture, purchase, sale, or transfer of certain military-style semi-automatic rifles and shotguns (2025-S 0359A); existing lawful owners may retain possession; effective July 1, 2026

Pending Court Cases

One case pending before the Rhode Island Supreme Court raises Second Amendment permitting issues:

• State v. Isaiah Ortiz (SU-2024-0146-C.A.): The defendant challenges his conviction for carrying a firearm without a license on Second Amendment grounds, arguing that Rhode Island's permitting scheme violates the U.S. Constitution by prohibiting 18 to 20-year-old adults from carrying concealed firearms. This case could affect the age requirement but would not establish constitutional carry.

Summary

Rhode Island has no constitutional carry provision and no indication of pending legislation to enact one. The state requires a permit for all concealed carry of handguns by civilians and has been consistently strengthening its firearms regulations. The existing "shall issue" municipal permitting system - which does not require a showing of need - has been upheld as constitutional both before and after the Supreme Court's Bruen decision.