RI- Non-resident possesion (not carry)

[Cabin Fever]

I will likely be in Rhode Island (Block Island, specifically) at a hotel or rented house later this summer. I dont come often so no plans to jump through all the carry permit hoops.

Can a non-resident possess a handgun, or even a pump action shotgun, as long as it is not carried on any public property? Or even just locked up in a trunk?

Thanks.

 

[n1bsbri]

re: Rhode Island

For long guns, possession and transport are allowed. Must be unloaded (including magazines) when in a vehicle. ( § 11-47-51)

For pistols, a little more complicated. You can possess in "his or her dwelling house or place of business or on land possessed by him or her ". I don't know if a vacation house or hotel qualifies as a "dwelling house".

You may not carry or transport a handgun except for the following: ( § 11-47-9)

while transporting a pistol, or revolvers, unloaded from the place of purchase to their residence; or place of business, from their residence to their place of business or from their place of business to their residence, or to a federal firearms licensee for the purpose of sale, to or from a bona fide gunsmith, or firearms repair facility, to any police station or other location designated as a site of a bona fide "gun buy-back" program, but only if said pistol or revolver is unloaded and any ammunition for said pistol or revolver is not readily or directly accessible from the passenger compartment of such vehicle while transporting same and further provided, that in the case of a vehicle without a compartment separate from the passenger compartment, the firearm or the ammunition shall be stored in a locked container.

( § 11-47-10)

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.

There's more to it than these basics. I encourage you to read the RI firearms statues for yourself:

CHAPTER 11-47
Weapons
Index Of Sections

 

[Cabin Fever]

Thanks.

 

[Jared]

It’s a misnomer that magazines must be empty for long guns when transporting by a vehicle. Nothing in the language of the Firearms Act prohibits one from having a loaded magazine as long as it’s not inserted into the rifle or shotgun.

A hotel or place you are renting “should” count as a dwelling house.

The Rhode Island Supreme Court defined dwelling house in

STATE v. Armando C. FERNANDES.
​

No. 98-466-C.A.​

“A dwelling house means the home of a person, a place that is habitable.”

There is likely case law from other court cases that deal with dwelling house; however, this is a more recent case.

Keep in mind that a hotel in RI can eject you from their property for simply possessing a firearm. See RIGL 5-14-4(a)(4).

 

[n1bsbri]

It’s a misnomer that magazines must be empty for long guns when transporting by a vehicle. Nothing in the language of the Firearms Act prohibits one from having a loaded magazine as long as it’s not inserted into the rifle or shotgun.

Incorrect, magazines must be unloaded. Pertinent language bolded below.

§ 11-47-51 Loaded weapons in vehicles. – It is unlawful for any person to have in his or her possession a loaded rifle or loaded shotgun or a rifle or shotgun from the magazine of which all shells and cartridges have not been removed in or on any vehicle or conveyance or its attachments while upon or along any public highway, road, lane, or trail within this state; provided, that the provisions of this section shall not apply to deputy sheriffs, the superintendent and members of the state police, prison or jail wardens or their deputies, members of the city or town police force, investigators of the department of attorney general appointed pursuant to § 42-9-8.1, the director, assistant director and other inspectors and agents at the Rhode Island state fugitive task force appointed pursuant to § 12-6-7.2, nor to other duly appointed law enforcement officers, including conservation officers, nor to members of the Army, Navy, Air force, or Marine Corps of the United States, or the National Guard or organized reserves, when on duty, nor to officers or employees of the United States authorized by law to carry a concealed firearm, nor to any civilian guard or criminal investigator carrying sidearms or a concealed firearm in the performance of his or her official duties under the authority of the commanding officer of the military establishment in the state of Rhode Island where he or she is employed by the United States.

 

[Jared]

Incorrect, magazines must be unloaded. Pertinent language bolded below.

The key phrase is “from the magazine”

if the magazine isn’t attached to the long gun, then it isn’t loaded from the magazine.

 

[n1bsbri]

The key phrase is “from the magazine”

if the magazine isn’t attached to the long gun, then it isn’t loaded from the magazine.

It's sort of a matter of interpretation. I don't know of any case law on this point, so you are welcome to be the test case.

 

[Jared]

It's sort of a matter of interpretation. I don't know of any case law on this point, so you are welcome to be the test case.

It’s really not, the onus is the other way around. The test case is someone who was convicted of this. It hasn’t happened yet unless there is a case I’m not aware of.

The plain language is clear, there is no ambiguity or interpretation.

”a loaded rifle or loaded shotgun” means a rifle or a shotgun with a round in the chamber.

“or a rifle or shotgun from the magazine of which all shells and cartridges have not been removed”

A rifle or shotgun is not loaded from the magazine if the magazine isn’t physically attached to the gun. It’s not physically possible.