Q: How can I restore my gun rights in Rhode Island after a felony conviction?

A: The answer to your question is complicated and uncertain.

In Rhode Island, whether a resident with an expunged felony conviction can legally possess a firearm depends on both state and federal law, as well as the specifics of the expungement.

Rhode Island State Law

• Expungement Effect: Under Rhode Island General Laws (RIGL) § 12-1.3-3(c), once a felony conviction is expunged, the record is sealed, and the person is generally restored certain civil rights. The statute states that an expunged record "shall not disqualify a person, in any application for employment or otherwise, except as provided by law." This implies that, for state purposes, an expunged conviction may not automatically prohibit firearm possession, provided no other disqualifying factors exist.

• Firearm Restrictions: Rhode Island law prohibits certain individuals from possessing firearms, including those convicted of a "crime of violence" (RIGL § 11-47-5). Crimes of violence include offenses like murder, robbery, and specific felony assaults, but not necessarily every felony (e.g., non-violent felonies like larceny may not qualify). If the expunged felony was not a crime of violence, and the expungement restores your rights, you may be eligible to possess a firearm under state law, assuming you meet other requirements (e.g., background checks, permits).

• Restoration of Rights: Rhode Island’s expungement law does not explicitly address firearm rights restoration, unlike some states that clearly restore all civil rights (e.g., voting, jury service, and firearm possession). However, since expungement treats the conviction as if it did not occur for most purposes, it’s reasonable to infer that state-level prohibitions tied to the conviction may be lifted, absent specific statutory language to the contrary.

Federal Law

• Federal Prohibition: Under federal law (18 U.S.C. § 922(g)(1)), it is illegal for anyone "who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year" (i.e., a felony) to possess a firearm. This prohibition applies regardless of expungement unless the conviction is formally set aside, pardoned, or has civil rights fully restored in a way that includes firearm rights.

• Expungement and Federal Law: Federal law recognizes certain expungements as potentially lifting the firearm prohibition, but only if the expungement explicitly restores firearm rights or if the state’s expungement process is deemed to fully restore civil rights (e.g., voting, holding office, jury service). Expunged convictions likely still count as convictions under federal law unless the state takes affirmative action to restore civil rights (e.g. firearm rights). Rhode Island’s expungement statute does not explicitly mention restoring firearm rights, which at a minimum creates ambiguity, but likely will mean that your conviction will prohibit you from owning a firearm under federal law.

• Under federal law, the expunged felony may still disqualify you from firearm possession unless you can prove that your firearm rights were explicitly restored. Rhode Island’s expungement process does not automatically include this restoration, so you’d likely face a federal prohibition without further action (e.g., a pardon).

Background Checks: When purchasing a firearm, the National Instant Criminal Background Check System (NICS) may flag an expunged conviction, depending on how the records were sealed. Even if Rhode Island considers the record expunged, federal law enforcement may access sealed records and enforce the prohibition.

A Rhode Island resident with an expunged felony may be eligible to possess a firearm under RI state law if the felony was not a crime of violence and no other disqualifiers apply. However, federal law still prohibits firearm possession because Rhode Island’s expungement does not explicitly restore firearm rights.

A: In Rhode Island, restoring your gun rights after a felony conviction depends on the nature of the offense and whether it is classified as a "crime of violence" under state law. Since your conviction involved assault with a device resembling a weapon, it may fall into that category, which can lead to a permanent prohibition from owning or possessing firearms. The classification of your offense is the first and most important factor in determining whether restoration is even possible.

If your conviction is not considered a violent crime, you may be eligible to petition for the restoration of your firearm rights after a certain period of time—typically five years after completing all terms of your sentence, including probation. You’ll need to show that you’ve maintained a clean record since your conviction and demonstrate rehabilitation. In some cases, you may also consider applying for a gubernatorial pardon or requesting an expungement if the offense qualifies. Expungement alone doesn’t automatically restore firearm rights, but it can be part of the broader process.

The path to restoration isn’t always straightforward, and the court will weigh public safety, your criminal history, and your conduct since the conviction. You’ve taken the right first step by staying law-abiding and completing your sentence. Continue gathering documents that show your progress, including employment, community involvement, or character references. With time, persistence, and the right filings, you may be able to reclaim your rights under Rhode Island law.