Rhode Island

Get the latest information on Rhode Island firearm law

Quick Reference

Magazine Capacity Restrictions

Constitutional (Permitless) Carry Allowed

Red Flag Laws

Carry in Alcohol Establishments Allowed

Open Carry Allowed

No Weapons Signs Enforced by Law

NFA Weapons Allowed

no

Duty to Retreat

Duty to Inform Law Enforcement

"Universal" Background Checks Required

State Law Summary

Constitution of the State of Rhode Island - Article 1, Section 22
“The right of the people to keep and bear arms shall not be infringed."

 

Rhode Island's firearm law history has evolved significantly over the years, marked by key legal cases and legislative changes. In 1982, the state enacted a comprehensive gun control law, which faced challenges, leading to notable cases such as State v. Lussier (2000), where the court upheld certain regulations while reinforcing the need to balance public safety with individual rights. In 2013, the General Assembly passed a series of gun control measures following national debates on gun violence, which included background checks and limits on high-capacity magazines. However, these laws sparked discussions about the Second Amendment and the rights of gun owners. Recent movements towards firearm rights have emphasized a push for reciprocity with other states and protections against perceived overreach in regulation, reflecting ongoing debates about the balance between regulation and individual rights in Rhode Island.

Permit Eligibility, Training and Application Process

Concealed carry in Rhode Island has evolved significantly over the years. In 1906, the state enacted its first law requiring individuals to obtain a license for carrying concealed weapons, which mandated a good reason for issuance. This law remained relatively unchanged until 2011, when a significant amendment shifted the focus to a "shall issue" system, allowing applicants to obtain a license provided they met certain criteria, such as completing a background check and safety training. In 2019, Rhode Island further updated its regulations, streamlining the application process and expanding the criteria for concealed carry permits. Despite these changes, debates surrounding concealed carry laws in the state continue, particularly regarding public safety and individual rights.

License or Permit Required for Carrying Pistol 
No person shall, without a license or permit issued as provided in §§ 11-47-11, 11-47-12, and 11-47-18, carry a pistol or revolver in any vehicle or conveyance or on or about his or her person whether visible or concealed, except in his or her dwelling house or place of business or on land possessed by him or her or as provided in §§ 11-47-9 and 11-47-10.
The provisions of these sections shall not apply to any person who is the holder of a valid license or permit issued by the licensing authority of another state, or territory of the United States, or political subdivision of the state or territory, allowing him or her to carry a pistol or revolver in any vehicle or conveyance or on or about his or her person whether visible or concealed, provided the person is merely transporting the firearm through the state in a vehicle or other conveyance without any intent on the part of the person to detain him or herself or remain within the state of Rhode Island. No person shall manufacture, sell, purchase, or possess a machine gun except as otherwise provided in this chapter. Every person violating the provision of this section shall, upon conviction, be punished by imprisonment for not less than one nor more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), or both, and except for a first conviction under this section, shall not be afforded the provisions of suspension or deferment of sentence, nor a probation.
R.I. Gen. Laws § 11-47-8(a)

 

License or Permit to Carry Concealed Pistol or Revolver
(a) The licensing authorities of any city or town shall, upon application of any person twenty-one (21) years of age or over having a bona fide residence or place of business within the city or town, or of any person twenty-one (21) years of age or over having a bona fide residence within the United States and a license or permit to carry a pistol or revolver concealed upon his or her person issued by the authorities of any other state or subdivision of the United States, issue a license or permit to the person to carry concealed upon his or her person a pistol or revolver everywhere within this state for four (4) years from date of issue, if it appears that the applicant has good reason to fear an injury to his or her person or property or has any other proper reason for carrying a pistol or revolver, and that he or she is a suitable person to be so licensed. The license or permit shall be in triplicate in form to be prescribed by the attorney general and shall bear the fingerprint, photograph, name, address, description, and signature of the licensee and the reason given for desiring a license or permit and in no case shall it contain the serial number of any firearm. The original shall be delivered to the licensee. Any member of the licensing authority, its agents, servants, and employees shall be immune from suit in any action, civil or criminal, based upon any official act or decision, performed or made in good faith in issuing a license or permit under this chapter.
(b) Notwithstanding any other chapter or section of the general laws of the state of Rhode Island, the licensing authority of any city or town shall not provide or release to any individual, firm, association or corporation the name, address, or date of birth of any person who has held or currently holds a license or permit to carry a concealed pistol or revolver. This section shall not be construed to prohibit the release of any statistical data of a general nature relative to age, gender and racial or ethnic background nor shall it be construed to prevent the release of information to parties involved in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal or civil action which the person is a party to that action.
R.I. Gen. Laws § 11-47-11

 

License or Permit Fee
A fee of forty dollars ($40.00) shall be charged and shall be paid for each license or permit to the licensing authority issuing it. Every license or permit shall be valid for four (4) years from the date when issued unless sooner revoked. The fee charged for issuing of the license or permit shall be applied for the use and benefit of the city, town, or state of Rhode Island.
R.I. Gen. Laws § 11-47-12

 

Proof of Ability Required for License or Permit
No person shall be issued a license or permit to carry a pistol or revolver concealed upon his or her person until he or she has presented certification as prescribed in § 11-47-16 that he or she has qualified with a pistol or revolver of a caliber equal to or larger than the one he or she intends to carry, that qualification to consist of firing a score of one hundred ninety-five (195) or better out of a possible score of three hundred (300) with thirty (30) consecutive rounds at a distance of twenty-five (25) yards on the army "L" target, firing "slow" fire. The "slow" fire course shall allow ten (10) minutes for the firing of each of three (3) ten (10) shot strings.
R.I. Gen. Laws § 11-47-15

Permitless Carry Law

The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.

 

Rhode Island is not a permitless-carry state.

Reciprocity Agreements

Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state. When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!

Recognizes a Rhode Island Permit or does not require a license
Recognizes Rhode Island Resident Permit only
Does not recognize a Rhode Island Permit
Recognizes Rhode Island AG Issued Permit only
Permitless Carry State

State Preemption Laws

State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties.

Firearms - State Preemption

The control of firearms, ammunition, or their component parts regarding their ownership, possession, transportation, carrying, transfer, sale, purchase, purchase delay, licensing, registration, and taxation shall rest solely with the state, except as otherwise provided in this chapter.

R.I. Gen. Laws § 11-47-58

Purchase/Transfer Laws

When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g).

Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law.

In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms.

Government firearm registration prohibited
No government agency of this state or its political subdivisions shall keep or cause to be kept any list or register of privately owned firearms or any list or register of the owners of those firearms; provided, that the provisions of this section shall not apply to firearms which have been used in committing any crime of violence, nor to any person who has been convicted of a crime of violence.

Government Firearm Registration Prohibited
No government agency of this state or its political subdivisions shall keep or cause to be kept any list or register of privately owned firearms or any list or register of the owners of those firearms; provided, that the provisions of this section shall not apply to firearms which have been used in committing any crime of violence, nor to any person who has been convicted of a crime of violence.
R.I. Gen. Laws § 11-47-41

 

Transfer or Delivery of Firearms to Minors

(a) It shall be unlawful within this state for any person to transfer, give, convey, or cause to be transferred, given or conveyed any firearm to any person under eighteen (18) years of age, when the person knows or has reason to know that the recipient is under eighteen (18) years of age, except for the limited purposes set forth in § § 11-47-33 and 11-47-34 and with the prior approval or consent of the parent or legal guardian of the minor.

(b) Every person violating this section shall be punished, upon conviction, by imprisonment for not less than ten (10) years and not more than twenty (20) years. The prohibitions of this section shall not apply to any federally and state licensed retail dealer who makes reasonable efforts to verify a purchaser's age and shall not apply to the sale of an air rifle, air pistol, "blank gun" or "BB gun."

R.I. Gen. Laws § 11-47-30

 

Possession of Firearms by Minors
(a) It shall be unlawful within this state for any person under eighteen (18) years of age to possess and use any firearm unless the person is in the presence of a parent or guardian or supervising adult at any regular and recognized camp or rifle range approved by the Rhode Island state police or by the chief of police of the city or town in which the camp or rifle range is located; provided, that this provision shall not apply to minors engaged in lawful hunting activity under the supervision of a parent or guardian or qualified adult, minors participating in Reserve Officer Training Corps programs, ceremonial parade activities, competitive and target shooting, participants in state militia activities and minors participating in a basic firearms education program; provided, further, that a person under eighteen (18) years of age may carry a firearm, unloaded, in a suitable case to and from his or her home and the camp or range and from the camp or range to other camp or range when accompanied by a parent, guardian or supervising adult.
(b) For purposes of this section only, "qualified adult" means any person twenty-one (21) years of age or older and permitted by law to possess and use the firearm.
R.I. Gen. Laws § 11-47-33

Firearm Classification and Accessory Restrictions

Other Weapons Prohibited
(b) No person shall have in his or her possession or under his or her control any sawed-off shotgun or sawed-off rifle as defined in § 11-47-2. Any person convicted of violating this subsection shall be punished by imprisonment for up to ten (10) years, or by a fine of up to five thousand dollars ($5,000), or both.
(c) 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. Any person convicted of violating this subsection shall be punished by imprisonment for not less than two (2) years nor more than twenty (20) years, and the sentence shall be consecutive to any sentence the person may receive for the delivery, possession with intent to deliver, or the manufacture of the controlled substance. It shall not be a defense to a violation of this subsection that a person has a license or permit to carry or possess a firearm.
(d) It shall be unlawful for any person to possess a bump-fire device, binary trigger, trigger crank, or any other device that when attached to a semi-automatic weapon allows full-automatic fire. Individuals who possess these items shall have ninety (90) days from the enactment of this section to either sell, destroy, or otherwise remove these items from the state of Rhode Island. Every person violating the provisions of this section shall, upon conviction, be punished by imprisonment for not less than one nor more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), or both, and, except for a first conviction under this section, shall not be afforded the provisions of suspension or deferment of sentence, nor a probation.
(e) No person shall manufacture, sell, offer to sell, transfer, purchase, possess, or have under his or her control a ghost gun or an undetectable firearm or any firearm produced by a 3D printing process. Any person convicted of violating this subsection shall be punished by imprisonment of not more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), or both and except for a first conviction under this section shall not be afforded the provisions of suspension or deferment of sentence, probation, nor fine. These provisions shall not apply to federally licensed manufacturers (Federal Firearm License Type 07) pursuant to Alcohol, Tobacco, Firearms, and Explosives (ATF) regulations.
R.I. Gen. Laws § 11-47-8

 

Sale or Possession of Silencers

It shall be unlawful within this state to manufacture, sell, purchase, or possess any muffler, silencer, or device for deadening or muffling the sound of a firearm when discharged; provided, however, that law enforcement officers utilizing said devices while acting within the scope of their official duties, as tactical teams and under the direct supervision of the police chief or the colonel of the state police or their designee, shall not be in violation of this section. Violations of this section shall be punished by imprisonment for not less than one year and one day.

R.I. Gen. Laws § 11-47-20

 

Armor-Piercing Bullets

It shall be unlawful within this state for any person to import, manufacture, sell, purchase, or otherwise transfer any bullets which have steel inner cores or cores of equivalent hardness and truncated cones and which are designed for use in pistols as armor-piercing or metal-piercing bullets. Any person who violates the provisions of this section shall be punished by imprisonment for not more than three (3) years, or a fine of not more than five thousand dollars ($5,000), or both. This section shall not apply to the purchase of those bullets by the Rhode Island state police, by any city or town police department of the state of Rhode Island, or by the department of environmental management for display as a part of a firearms training course under its auspices.

R.I. Gen. Laws § 11-47-20.1

 

Possession of Ammunition by Minor

Except as provided in § 11-47-33, it shall be unlawful within this state for any person under eighteen (18) years of age to possess and use ammunition, including any priming charge of powder, propelling charge of powder, or any form of missile or projectile to be ejected from a firearm.

R.I. Gen. Laws § 11-47-32

Magazine Capacity Restrictions

Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.

Rhode Island Magazine Capacity
(a) No person, except for a federally licensed firearms dealer, shall manufacture, sell, offer to sell, transfer, purchase, possess, or have under his or her control a large capacity feeding device, except as otherwise authorized under this chapter. Any person convicted of violating the provisions of this section shall be punished by imprisonment of not more than five (5) years, or by a fine of up to five thousand dollars ($5,000), and the large capacity feeding device shall be subject to forfeiture.
(b) The provisions of subsection (a) of this section shall not apply to:
Any person who, on the effective date of this chapter, lawfully possesses a large capacity feeding device; provided that, within one hundred eighty (180) days of the effective date of this chapter the person:
Permanently modifies the large capacity feeding device such that it cannot hold more than ten (10) rounds of ammunition;
Surrenders the large capacity feeding device to the police department in the city or town where the person resides in accordance with the procedures for surrender of weapons set forth by the police department or the Rhode Island state police, or, if there is no such police department or the person resides out of state, to the Rhode Island state police; or

  • Transfers or sells the large capacity feeding device to a federally licensed firearm dealer or person or firm outside the State of Rhode Island that is lawfully entitled to own or possess such a feeding device.
  • Any law enforcement officer exempt under § § 11-47-9 and 11-47-9.1; or
  • A retired law enforcement officer exempt under § § 11-47-9 and 11-47-9.1 who is not otherwise prohibited from receiving such a feeding device from such agency upon retirement, and who has a permit to carry pursuant to § 11-47-18(b).
  • An active duty member of the Armed Forces of the United States or the National Guard who is authorized to possess and carry such a feeding device.

R.I. Gen. Laws § 11-47.1-3

 

"Large capacity feeding device" means a magazine, box, drum, tube, belt, feed strip, or other ammunition feeding device which is capable of holding, or can readily be extended to hold, more than ten (10) rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic firearm. The term shall not include an attached tubular device which is capable of holding only .22 caliber rimfire ammunition.

R.I. Gen. Laws § 11-47.1-2 (2)

Prohibited Areas - Where Firearms Are Prohibited Under State law

Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state.

Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.

Possession of Firearms on School Grounds
(a)(1) No person shall have in his or her possession any firearm or other weapons on school grounds.
(2) For the purposes of this section, "school grounds" means the property of a public or private elementary or secondary school or in those portions of any building, stadium, or other structure on school grounds that were, at the time of the violation, being used for an activity sponsored by or through a school in this state or while riding school-provided transportation.
(3) Every person violating the provisions of this section shall, upon conviction, be sentenced to imprisonment for not less than one year nor more than five (5) years, or shall be fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000).
(4) Any juvenile adjudicated delinquent pursuant to this statute shall, in addition to whatever other penalties are imposed by the family court, lose his or her license to operate a motor vehicle for up to six (6) months. If the juvenile has not yet obtained the necessary age to obtain a license, the court may impose as part of its sentence a delay in his or her right to obtain the license when eligible to do so, for a period of up to six (6) months.
(b) The provisions of this section shall not apply to any person who shall be exempt pursuant to the provisions of § 11-47-9, who is a "peace officer" as defined in § 12-7-21; a retired law enforcement officer permitted under § 11-47-18(b) or pursuant to 18 U.S.C. §§ 926B and 926C; or an individual in accordance with a contract entered into between a school and the individual or an employer of the individual to provide security services to the school; or to the following activities when the activities are officially recognized and sanctioned by the educational institution:
(1) Firearm instruction and/or safety courses;
(2) Government-sponsored military-related programs such as ROTC;
(3) Interscholastic shooting and/or marksmanship events;
(4) Military history and firearms collection courses and/or programs; and
(5) The use of blank guns in theatrical and/or athletic events.
(c) The provisions of this section shall not apply to colleges, universities, or junior colleges.
(d) The provisions of this section shall not apply to the possession of a firearm that is not loaded and is in a locked container or a locked rack that is in a motor vehicle.
R.I. Gen. Laws § 11-47-60

 

Firearms and Archery Equipment
A. Possession of a firearm or archery equipment is prohibited on Public Reservations, unless the person is duly licensed to hunt, is engaged in authorized hunting activity and is in possession of a firearm or archery equipment authorized pursuant to the governing RIDEM hunting Regulations for the specific hunting activity in which the person is engaged or unless the person satisfies the requirements of any of the subsections below.
B. Target shooting is prohibited on Public Reservations except in designated areas (See Target Range Regulations, § 1.33 of this Part).
C. Possession of a loaded firearm, archery equipment having a nocked arrow or bolt, or firearm with magazine or chamber from which all shells or cartridges have not been removed, located in or on any vehicle or conveyance while in or upon any part of a Public Reservation is prohibited unless possessed by a law enforcement officer pursuant to § 1.17(D) of this Part.
D. Pursuant to R.I. Gen. Laws § 11-47-9.1, a law enforcement officer is authorized to possess a loaded firearm, including a concealed firearm, while in or upon any part of a Public Reservation except when engaged in authorized hunting activities when possessing any firearm other than the authorized firearm or archery equipment allowed pursuant to the governing RIDEM hunting Regulation for the specific hunting activity is prohibited.
E. A person is authorized to possess blank guns for the purpose of dog training in designated areas from January 1st to September 30th.
250 R.I. Code R. 250-RICR-100-00-1.17

Methods of Carry - Open Carry Laws

Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others.

In Rhode Island, open carry is legal with a permit issued by the Attorney General of Rhode Island.

Places where firearms are prohibited for concealed carry also apply to open carry.

No Weapons Signs

No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.

In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.

In Rhode Island, no-weapons signs do not have the force of law.

Controlled Substance/Alcohol Laws

Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.

Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”

27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3)

Carrying of Weapon While Under the Influence of Liquor or Drugs

It is unlawful to carry or transport any firearm in this state when intoxicated or under the influence of intoxicating liquor or narcotic drugs.

R.I. Gen. Laws § 11-47-52

 

Mental Incompetents and Drug Addicts Prohibited from Possession of Firearms
No person who is under guardianship or treatment or confinement by virtue of being a mental incompetent, or who has been adjudicated or is under treatment or confinement as a drug addict, shall purchase, own, carry, transport, or have in his or her possession or under his or her control any firearm. Any person affected by the provisions of this section, other than a person who has been pronounced criminally insane by competent medical authority, after the lapse of a period of five (5) years from the date of being pronounced cured by competent medical authority, may, upon presentation of an affidavit issued by competent medical authority to the effect that he or she is a mentally stable person and a proper person to possess firearms, make application for the purchase of the firearm(s). Any person affected by the provisions of this section, in making application for the purchase of firearms and in executing the application, voluntarily waives his or her right to refuse or refrain from disclosing any confidential information, including, but not limited to, any information arising from the physician-patient relationship, pertinent to a determination by the proper authorities regarding the approval or disapproval of this application. Any person affected by the provisions of this section, in making application for the purchase of firearms and in executing the application, further agrees to allow the proper authorities to investigate any and all medical records of the applicant pertinent to a determination by the authorities regarding the approval or disapproval of this application. In the event that the application is approved, and if the person has no other disqualifying record, he or she will be allowed to purchase and possess firearms.
R.I. Gen. Laws § 11-47-6

Vehicle and Transport Laws

No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.

In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.

License or Permit Not Required to Carry to Target Range

No license or permit shall be required for the purpose of carrying or transporting any pistol or revolver from one's home or place of business to a bona fide target practice range, nor from a bona fide target practice range to one's home or place of business, to engage in any shoot meet, or practice, provided that the pistol or revolver is broken down, unloaded and carried as openly as circumstances will permit, or provided that the pistols or revolvers are unloaded and secured in a separate container suitable for the purpose.

R.I. Gen. Laws § 11-47-10

Storage Requirements

Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors.

Rhode Island Safe Storage of a Firearm
(a) Nothing in this section shall be construed to reduce or limit any existing right to purchase and own firearms and/or ammunition or to provide authority to any state or local agency to infringe upon the privacy of any family, home or business except by lawful warrant.
(b) A person who stores or leaves a firearm in any place is guilty of the violation of unsafe storage of a firearm unless the firearm is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged in order to render such firearm inoperable by any person other than the owner or other lawfully authorized user.
This section does not apply to a firearm that is being carried by or can be readily carried by a lawfully authorized user who is in proximity to the firearm.
Any violation of this subsection shall result in, for a first offense, a civil infraction punishable by a fine of not more than two hundred fifty dollars ($250), and for a second offense, a civil infraction punishable by a fine of not more than one thousand dollars ($1,000). A third or subsequent violation of this subsection shall, upon conviction, be punished by imprisonment for no more than six (6) months, or a fine of not more than five hundred dollars ($500), or both.
(c) A person who stores or leaves on premises under their control a firearm and who knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child's parent or guardian, or who knows or reasonably should know that a person who is prohibited, under state or federal law, from purchasing or possessing firearms is likely to gain access to the firearm, is guilty of criminal storage of a firearm in the second degree if a child or person who is prohibited, under state or federal law, from purchasing or possessing firearms obtains access to the firearm. Any person who violates this section shall, upon conviction, be punished by imprisonment for no more than one year, or be fined not more than one thousand dollars ($1,000) or both. For purposes of this section, a "child" is defined as any person who has not attained the age of eighteen (18) years.
(d) A person is guilty of criminal storage of a firearm in the first degree if they commit the crime of criminal storage in the second degree and the firearm obtained by a child or a person who is prohibited, under state or federal law, from purchasing or possessing firearms is used by said person in the commission of a crime or to cause injury to himself or herself or any other person. Any violation of this subsection shall, upon conviction, be punishable by imprisonment for not more than five (5) years, or a fine of not more than five thousand dollars ($5,000), or both.
(e) The provisions of subsections (c) and (d) of this section shall not apply whenever any of the following occurs:
(1) The child or person who is prohibited, under state or federal law, from purchasing or possessing firearms obtains the firearm as a result of an illegal entry of any premises by any person or an illegal taking of the firearm from the premises of the owner without permission of the owner;
(2) The firearm is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged in order to render such firearm inoperable by any person other than the owner or other lawfully authorized user;
(3) The firearm is being carried by or can be readily carried by a lawfully authorized user who is in proximity to the firearm; or
(4)
(5) The child or person who is prohibited, under state or federal law, from purchasing or possessing firearms obtains or obtains and discharges the firearm in a lawful act of self-defense or defense of another person.
(f)(1) If the person who allegedly violated this section is the parent or guardian of a child who is injured or who dies as the result of an accidental shooting, the attorney general shall consider among other factors, the impact of the injury or death on the person who has allegedly violated this section when deciding whether to prosecute an alleged violation.
(2) It is the intent of the general assembly that a parent or guardian of a child who is injured or who dies of an accidental shooting shall be prosecuted only in those instances in which the parent or guardian behaved in a grossly negligent manner.
R.I. Gen. Laws § 11-47-60.1

Other Weapons Restrictions

Report of Lost or Stolen Weapons
Every person who owns a firearm shall report the loss or theft of their firearm to the local law enforcement agency within twenty-four (24) hours of the discovery of the loss or theft. Whoever knowingly violates this section shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100).
R.I. Gen. Laws § 11-47-48.1

 

Sale of Ammunition
(a) For the purposes of this section "ammunition" means a loaded cartridge, consisting of a primed case, propellant or projectile, designed for use in any firearm as defined in § 11-47-2.
(b) No person, firm or corporation shall sell ammunition to any person unless such person is twenty-one (21) years of age or older and, after December 31, 2022, holds a valid pistol/revolver safety certificate or Rhode Island hunter education course card issued by the department of environmental management.
(c) The provisions of subsection (b) of this section shall not apply to full-time members of the state police, full-time members of the state marshal's office, full-time members of city or town police departments, or state marshals or correctional officers, persons serving on active duty as a member of the United States armed forces or organized reserves or National Guard, or persons licensed to carry a firearm pursuant to § § 11-47-11 or 11-47-18.
(d) Any person who violates any provision of this section shall be guilty of a felony and may be punished by up to five (5) years imprisonment and/or a five thousand dollar ($5,000) fine.
R.I. Gen. Laws § 11-47-64

 

Weapons Other than Firearms Prohibited
(a)(1) No person shall carry or possess or attempt to use against another any instrument or weapon of the kind commonly known as a blackjack, slingshot, billy, sandclub, sandbag, metal knuckles, slap glove, bludgeon, stun-gun, or the so called "Kung-Fu" weapons.
(2) No person shall with intent to use unlawfully against another, carry or possess a crossbow, dagger, dirk, stiletto, sword-in-cane, bowie knife, or other similar weapon designed to cut and stab another.
(3) No person shall wear or carry concealed upon his person, any of the above-mentioned instruments or weapons, or any razor, or knife of any description having a blade of more than three (3) inches in length measuring from the end of the handle where the blade is attached to the end of the blade, or other weapon of like kind or description.
Any person violating the provisions of these subsections shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both, and the weapon so found shall be confiscated.
Any person violating the provisions of these subsections while he or she is incarcerated within the confines of the adult correctional institutions shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment for not less than one year nor more than five (5) years, or both, and the weapon so found shall be confiscated.
(b) No person shall sell to a person under eighteen (18) years of age, without the written authorization of the minor's parent or legal guardian, any stink bomb, blackjack, slingshot, bill, sandclub, sandbag, metal knuckles, slap glove, bludgeon, stungun, paint ball gun, so called "kung-fu" weapons, dagger, dirk, stiletto, sword-in-cane, bowie knife, razor, or knife of any description having a blade of more than three inches (3") in length as described in subsection (a) of this section, or any multi-pronged star with sharpened edges designed to be used as a weapon and commonly known as a Chinese throwing star, except that an individual who is actually engaged in the instruction of martial arts and licensed under § 5-43-1 may carry and possess any multi-pronged star with sharpened edges for the sole purpose of instructional use. Any person violating the provisions of this subsection shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment for not less than one year nor more than five (5) years, or both, and the weapons so found shall be confiscated.
R.I. Gen. Laws § 11-47-42

 

"Mace" or Similar Substances
Any person eighteen (18) years of age or over may carry on his or her person and use, unless otherwise prohibited by law, any non-lethal noxious substance or liquid for his or her protection or the protection of others; however, the use of any non-lethal noxious substance or liquid for any other purpose shall be punishable by a fine of not more than twenty-five dollars ($25.00).
R.I. Gen. Laws § 11-47-57

 

Firing Across Highways Prohibited
Every person who shall discharge any firearm or other contrivance arranged to discharge shot, bullets, arrows, darts, or other missiles in or across any public road, street, square, or lane shall, upon conviction, be guilty of a misdemeanor and shall be subject to a fine not exceeding five hundred dollars ($500), or one year in prison, or both.
R.I. Gen. Laws § 11-47-49

 

Discharge of Firearm 
(a)(1) No person shall unlawfully discharge a firearm or incendiary or explosive substance or device from a motor vehicle in a manner which creates a substantial risk of death or serious personal injury to another person. Every person violating the provisions of this section shall be punished by imprisonment for not less than ten (10) years nor more than twenty (20) years and shall be fined not less than five thousand dollars ($5,000.00) nor more than fifty thousand dollars ($50,000.00), or both.
(2) In all cases under this subsection, the justice imposing sentence shall impose not less than the minimum sentence of ten (10) years imprisonment and may only impose a sentence less than that minimum if he or she finds that substantial and compelling circumstances exist which justify imposition of the alternative sentence. The finding may be based upon the character and background of the defendant, the cooperation of the defendant with law enforcement authorities, the nature and circumstances of the offense and/or the nature and quality of the evidence presented at trial. If a sentence which is less than imprisonment for a term of ten (10) years is imposed, the trial justice shall set forth on the record the circumstances which he or she found as justification for imposition of the lesser sentence.
(b) Any person injured as a result of a violation of this section shall be entitled to the civil remedies provided by § 7-15-4.
R.I. Gen. Laws § 11-47-51.1

Police Encounter Laws

Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession.

In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state.

The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.

Arrest and Detention for Possession of Firearms
Every officer authorized to make an arrest may, without complaint and warrant, arrest any person who has in his or her possession any firearm whenever the officer has reasonable ground to suspect that the person possesses or is using or is carrying the firearm contrary to law. Any person so arrested may be detained a reasonable time, not exceeding twenty-four (24) hours, for the purpose of making an investigation concerning the person, but no person so arrested shall be detained longer than twenty-four (24) hours without complaint being made against him or her before some proper court or justice. If the officer making the arrest shall at any time within the twenty-four (24) hours satisfy himself or herself that there is no ground for making a criminal complaint against the person, he or she shall be discharged from custody.
R.I. Gen. Laws § 11-47-28

 

Standard of Proof Under Sections 11-47-1 - 11-47-34
No negative allegation of any kind need be averred or proved in any complaint under §§ 11-47-1 - 11-47-34, and the carrying or use of any firearm contrary to the provisions of those sections shall be evidence that the possession, carrying or use of any firearm is unlawful, but the respondent in any case brought under those sections may show any fact that would render the possession, or use, or carrying of the firearm lawful.
R.I. Gen. Laws § 11-47-27

Red Flag or Emergency Risk Orders

Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions.

When used in this chapter, the following words and phrases shall have the following meanings:
(1) "Court" means the superior court in the county in which the respondent resides.
(2) "Extreme risk protection order" means either a temporary order or a one-year order granted under this chapter.
(3) "Family or household member" means present and former family members (as defined in § 15-15-1), parents (as defined in § 15-15-1), stepparents, legal guardians, persons who are or have been in a substantive dating or engagement relationship within the past one year (as defined in § 15-15-1), and cohabitants (as defined in § 8-8.1-1).
(4) "Firearm" means and includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun," "BB gun," or other instrument from which steel or metal projectiles are propelled, or that may readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except instruments propelling projectiles that are designed or normally used for a primary purpose other than as a weapon. The frame or receiver of the weapon shall be construed as a firearm pursuant to the provisions of this section.
(5) "Law enforcement agency" means the police department of any city or town, and the division of the Rhode Island state police established pursuant to chapter 28 of title 42.
(6) "Law enforcement officer" means a sworn member of a law enforcement agency as defined herein.
(7) "One-year extreme risk protection order" means an extreme risk protection order granted pursuant to the provisions of § 8-8.3-5 or renewed pursuant to the provisions of § 8-8.3-7.
(8) "Petitioner" means a law enforcement agency that petitions for an order pursuant to this chapter.
(9) "Respondent" means the person who is identified as the respondent in a petition filed pursuant to this chapter.
(10) "Social media" means any cell phone- or internet-based tools and applications that are used to share and distribute information.
(11) "Temporary extreme risk protection order" means an extreme risk protection order issued pursuant to the provisions of § 8-8.3-4.
R.I. Gen. Laws § 8-8.3-1

 

Temporary Orders
(a) Upon the filing of a petition under this chapter, the court may enter a temporary order if the court finds there is probable cause from specific facts shown by the petition that the respondent poses a significant danger of causing imminent personal injury to self or others by having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm before notice can be served and a hearing held.
(b) If the court finds probable cause under subsection (a) of this section and from the sworn affidavit, a search warrant shall issue pursuant to chapter 5 of title 12 for the search for any firearms in the possession, custody, or control of the respondent. The warrant shall be executed pursuant to chapter 5 of title 12.
(c) When the court is unavailable after the close of business, a petition and affidavit may be filed before any available superior court judge.
(d) Any order and warrant issued under this section, and any documentation in support of an order and warrant, shall be filed immediately with the clerk of the superior court. The filing shall have the effect of commencing proceedings under this chapter and invoking the other provisions of this chapter.
(e) A temporary extreme risk protection order must include:
(1) A statement of the grounds supporting the issuance of the order;
(2) The date and time the order was issued;
(3) A statement that the order shall continue until such time as a court considers the petition pursuant to § 8-8.3-5 at a hearing;
(4) The address of the court that issued the order and in which any responsive pleading should be filed;
(5) The date and time of the scheduled hearing;
(6) The following statement: "To the subject of this protection order: This order will continue until the hearing scheduled on the date and time noted above. If any of your firearms have not been seized by the petitioner, you are under an obligation to immediately contact the petitioner to arrange for the surrender of any other firearms that you own and/or are in your custody, control, or possession, that have not been seized. You must surrender to the petitioner all firearms that you own and/or are in your custody, control, or possession, and also immediately surrender to the licensing authority or the attorney general any concealed carry permit issued to you pursuant to § 11-47-11 or § 11-47-18. While this order is in effect, it is illegal for you to have any firearm in your possession, custody, or control or for you to purchase, receive, or attempt to purchase or receive any firearm. You may seek the advice of an attorney as to any matter connected with this order. If you believe you cannot afford an attorney, you are hereby referred to the public defender for an intake interview, and if eligible, the court shall appoint an attorney for you."
(7) Any temporary extreme risk protection order issued pursuant to this section shall continue until the time of the hearing pursuant to § 8-8.3-5. If the court continues a hearing pursuant to § 8-8.3-5, the temporary order shall remain in effect until the next hearing date.
(f) The court shall schedule a hearing within fourteen (14) days of the issuance of a temporary extreme risk protection order to determine if a one-year extreme risk protection order should be issued under this chapter.
(g) A temporary extreme risk protection order shall be immediately personally served by the petitioner along with supporting documents that formed the basis of the order, the notice of hearing, and the petition for the one-year extreme protection order. Alternative service shall be in accordance with § 8-8.3-6. Service issued under this section takes precedence over the service of other documents, unless the other documents are of a similar emergency nature. If timely personal service cannot be made, the court shall set a new hearing date and shall require additional attempts at obtaining personal service or permit alternative service as provided in this chapter.
(h) If the court declines to issue a temporary extreme risk protection order, the court shall state in writing the reasons for the denial.
R.I. Gen. Laws § 8-8.3-4

Use of Force in Defense of Person

The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws.

Rhode Island Self-Defense Jury Instructions
A person may defend himself whenever he or she reasonably believes that he or she is in imminent danger of bodily harm at the hands of another. The person need not wait for the other person to strike the first blow. This right is called the right of self-defense. A person may claim the right of self-defense only if you find that:
1. he or she actually believed that he or she was in imminent danger of bodily harm, and if
2. he or she has reasonable grounds for that belief.
The question is not whether in hindsight the amount of force the defendant used was necessary. Rather it was whether the defendant, under all the circumstances which you find to have existed at the time of the incident, as they appeared to the defendant, actually believed that he or she was in imminent danger of bodily harm, and could reasonably maintain that belief.
By reasonable amount of force, I mean a person may use an amount of force which at the time of the incident he or she reasonably believed was necessary to protect himself or herself from imminent harm. What is reasonable and necessary force to defend oneself is to be determined in light of the time, place and surrounding circumstances the defendant finds himself or herself in at the time the force is used. In some circumstances, a person may even used [sic] deadly force to protect himself or herself.
“Deadly Force” is defined as the amount of force that is likely to cause death or serious bodily injury. However, a person may only use deadly force in a situation where the defendant believes that he or she is in imminent danger of death or serious bodily harm from which he or she can save himself or herself only by using deadly force against his or her assailants. This is because our law holds that a person can only use the amount of force reasonably necessary to protect himself or herself.
The law requires a person to retreat or attempt to retreat when he or she actually and reasonably believes that he or she is in danger of being attacked, as long as he or she is consciously aware of an open, safe and available avenue of escape. If you find that the defendant could have retreated, and did not attempt to do so, he or she is not entitled to use deadly force in his or her self-defense.
The occupant of a dwelling, when attacked in his or her home by a trespasser, does not have a duty to retreat and may use deadly force if necessary to avoid death or great bodily harm. When one is attacked in his or her own dwellings by a person who initially entered as a social guest, but who became a trespasser by remaining on the property after having been ordered to leave, is likewise absolved from the duty to retreat. A person assailed in his or her own residence by a co-occupant is not entitled under the guise of self-defense to employ deadly force and kill his or her assailant. The person attacked is obligated to attempt retreat if he or she is aware of a safe available avenue of retreat.
You have heard conflicting testimony as to whether or not the defendant was the aggressor in this incident. As the finders of fact, you must determine from the evidence you have before you whether in fact the defendant was the aggressor. I am instructing you that the law of self-defense holds that a person who instigates the combative confrontation cannot invoke the doctrines of self-defense.
The defendant is not required to prove that he or she acted in self-defense. Rather, where there is evidence of self-defense, and you determine from the facts that the defendant was entitled to invoke the doctrine of self-defense, the State must prove to each of you beyond a reasonable doubt that the defendant did not act in self-defense.

Use of Force in Defense of Others

Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.

Rhode Island does not have a law specific to the defense of others, but does allow for the defense of a third person in its defense-of-person law.

Use of Force in Defense of Habitation

The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.

Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all.

Rhode Island Injury or Death - Defense
In the event that any person shall die or shall sustain a personal injury in any way or for any cause while in the commission of any criminal offense enumerated in §§ 11-8-2 - 11-8-6, it shall be rebuttably presumed as a matter of law in any civil or criminal proceeding that the owner, tenant, or occupier of the place where the offense was committed acted by reasonable means in self-defense and in the reasonable belief that the person engaged in the criminal offense was about to inflict great bodily harm or death upon that person or any other individual lawfully in the place where the criminal offense was committed.
There shall be no duty on the part of an owner, tenant, or occupier to retreat from any person engaged in the commission of any criminal offense enumerated in §§ 11-8-2 - 11-8-6.
R.I. Gen. Laws § 11-8-8

Use of Force in Defense of Property

Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.

Rhode Island law does not specifically address the issue of defense of property.

Self-Defense Immunity

To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits.

Rhode Island does not have any laws specifically related to self-defense immunity. 

Duty to Retreat

A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations.

In Rhode Island, the State Supreme Court has ruled that a person has a duty to retreat before using force in self-defense.

State v. Guerrero, 206 A.3d 108 (R.I. 2019)

 

No Duty to Retreat Inside the House

There shall be no duty on the part of an owner, tenant, or occupier to retreat from any person engaged in the commission of any criminal offense enumerated in §§ 11-8-2 - 11-8-6.

R.I. Gen. Laws § 11-8-8

Self-Defense Limitations

Restrictions on the Defense of Provocation
For purposes of determining sudden quarrel or heat of passion, the provocation was not objectively reasonable if it resulted solely from the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted, non-forcible romantic or sexual advance toward the defendant, or if the defendant and victim dated or had a romantic relationship.
R.I. Gen. Laws § 12-17-17

 

Restrictions on the Defense of Diminished Capacity
A defendant does not suffer from reduced mental capacity based solely on the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted, non-forcible romantic or sexual advance toward the defendant, or if the defendant and victim dated or had a romantic or sexual relationship.
R.I. Gen. Laws § 12-17-18

 

Restrictions on the Defense of Self-Defense
A person is not justified in using force against another based solely on the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted, non-forcible romantic or sexual advance toward the defendant, or if the defendant and victim dated or had a romantic or sexual relationship.
R.I. Gen. Laws § 12-17-19

Use of Force Considerations

Rhode Island Self-Defense Jury Instructions
A person may defend himself whenever he or she reasonably believes that he or she is in imminent danger of bodily harm at the hands of another. The person need not wait for the other person to strike the first blow. This right is called the right of self-defense. A person may claim the right of self-defense only if you find that:
1. he or she actually believed that he or she was in imminent danger of bodily harm, and if
2. he or she has reasonable grounds for that belief.
The question is not whether in hindsight the amount of force the defendant used was necessary. Rather it was whether the defendant, under all the circumstances which you find to have existed at the time of the incident, as they appeared to the defendant, actually believed that he or she was in imminent danger of bodily harm, and could reasonably maintain that belief.
By reasonable amount of force, I mean a person may use an amount of force which at the time of the incident he or she reasonably believed was necessary to protect himself or herself from imminent harm. What is reasonable and necessary force to defend oneself is to be determined in light of the time, place and surrounding circumstances the defendant finds himself or herself in at the time the force is used. In some circumstances, a person may even used [sic] deadly force to protect himself or herself.
“Deadly Force” is defined as the amount of force that is likely to cause death or serious bodily injury. However, a person may only use deadly force in a situation where the defendant believes that he or she is in imminent danger of death or serious bodily harm from which he or she can save himself or herself only by using deadly force against his or her assailants. This is because our law holds that a person can only use the amount of force reasonably necessary to protect himself or herself.
The law requires a person to retreat or attempt to retreat when he or she actually and reasonably believes that he or she is in danger of being attacked, as long as he or she is consciously aware of an open, safe and available avenue of escape. If you find that the defendant could have retreated, and did not attempt to do so, he or she is not entitled to use deadly force in his or her self-defense.
The occupant of a dwelling, when attacked in his or her home by a trespasser, does not have a duty to retreat and may use deadly force if necessary to avoid death or great bodily harm. When one is attacked in his or her own dwellings by a person who initially entered as a social guest, but who became a trespasser by remaining on the property after having been ordered to leave, is likewise absolved from the duty to retreat. A person assailed in his or her own residence by a co-occupant is not entitled under the guise of self-defense to employ deadly force and kill his or her assailant. The person attacked is obligated to attempt retreat if he or she is aware of a safe available avenue of retreat.
You have heard conflicting testimony as to whether or not the defendant was the aggressor in this incident. As the finders of fact, you must determine from the evidence you have before you whether in fact the defendant was the aggressor. I am instructing you that the law of self-defense holds that a person who instigates the combative confrontation cannot invoke the doctrines of self-defense.
The defendant is not required to prove that he or she acted in self-defense. Rather, where there is evidence of self-defense, and you determine from the facts that the defendant was entitled to invoke the doctrine of self-defense, the State must prove to each of you beyond a reasonable doubt that the defendant did not act in self-defense.

Use of Force Against Animals

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Cases to Watch

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