Felon in Possession of a Firearm Defense Lawyer in Rhode Island

What Happens After a Felon in Possession Arrest in Rhode Island?

When someone with a prior felony conviction is found with a firearm in Rhode Island, the arrest can come from local police, state police, or federal agents — and where it starts often determines how serious the consequences will be. If the ATF or FBI made the arrest, the case is almost certainly headed to federal court, where the rules are different and the penalties are far harsher than in state court.

State vs. Federal: Two Very Different Paths

In state court, a felon-in-possession charge under Rhode Island General Laws 11-47-5 carries up to 10 years in prison. But if federal prosecutors take the case — which is increasingly common, especially when the arrest involves an investigation by the ATF, FBI, or a federal task force — you face prosecution under 18 U.S.C. 922(g)(1). Federal sentencing guidelines and mandatory minimums can mean 5 to 15 years in federal prison with no possibility of parole.

Attorney Stefanie A. Murphy has defended felon-in-possession clients in both Rhode Island Superior Court and the U.S. District Court for the District of Rhode Island. She understands that the first 48 to 72 hours after arrest are critical — especially in federal cases, where pretrial detention is the default and bail is the exception.

What Your Family Should Know

If you are a family member reading this because someone you love was just arrested, here is what happens next: there will be an initial appearance before a judge (in federal court, this is a magistrate judge), and the government will argue that your loved one should be held without bail. Attorney Murphy and Attorney Marin can appear at that hearing to argue for pretrial release. The sooner you call, the more time we have to prepare that argument. If the arrest involved a traffic stop where a firearm was discovered, there may be strong suppression arguments that start with how the stop itself was conducted.

What Is Felon in Possession of a Firearm Under Rhode Island and Federal Law?

In plain terms: if you have ever been convicted of a crime punishable by more than one year in prison, it is illegal for you to possess, receive, or transport any firearm or ammunition. This applies under both Rhode Island state law and federal law — and the federal version is significantly more serious.

Rhode Island State Law (R.I.G.L. 11-47-5)

Under Rhode Island law, any person convicted of a “crime of violence” is prohibited from purchasing, owning, carrying, transporting, or having a firearm in their possession. A violation is a felony carrying up to 10 years at the Adult Correctional Institutions. The state must prove: (1) you have a prior qualifying conviction, (2) you knowingly possessed a firearm, and (3) the possession occurred in Rhode Island.

Federal Law: 18 U.S.C. 922(g)(1)

The federal statute is broader and harsher. Under 922(g)(1), anyone convicted of a crime punishable by imprisonment for more than one year is prohibited from possessing any firearm or ammunition that has traveled in interstate commerce — which, practically speaking, means every firearm. Federal penalties start at up to 10 years in prison, but if you have three or more prior convictions for violent felonies or serious drug offenses, the Armed Career Criminal Act (ACCA) imposes a 15-year mandatory minimum.

Attorney Stefanie A. Murphy has successfully challenged ACCA enhancements by arguing that prior convictions do not qualify as predicate offenses under current Supreme Court precedent. This is highly technical federal sentencing work that requires specific experience with the federal sentencing guidelines — not every criminal defense attorney handles these cases.

Actual vs. Constructive Possession

One of the most important legal distinctions in these cases is whether the prosecution can prove you actually possessed the firearm versus merely being near it. Constructive possession — where the government argues you had knowledge of and access to a firearm found in a shared space like a car or apartment — is one of the most commonly challenged elements in felon-in-possession cases. If a firearm was found in a vehicle with multiple occupants or in a home where other people live, the government’s constructive possession theory may have serious weaknesses. When ghost guns are involved, prosecutors frequently layer felon-in-possession charges alongside ghost gun and large-capacity magazine charges, making the defense even more complex.

How Bail and Pretrial Conditions Work in Federal Felon-in-Possession Cases

If your loved one has been arrested on federal felon-in-possession charges, the first question you probably have is: “Can they come home while the case is pending?” The honest answer is that federal bail is much harder to obtain than state bail — but it is not impossible.

Federal Detention Hearings Under the Bail Reform Act

Under the federal Bail Reform Act (18 U.S.C. 3142), there is a rebuttable presumption that a person charged with a firearm offense involving a convicted felon should be detained pending trial. That means the government starts with the advantage: the judge presumes your loved one should stay in jail unless the defense can present evidence showing they are not a flight risk and not a danger to the community.

Attorney Stefanie A. Murphy prepares for federal detention hearings by assembling a comprehensive release package before the hearing: employment verification, housing stability, family support letters, substance abuse treatment enrollment, and GPS monitoring proposals. She has secured pretrial release for federal firearms defendants by presenting judges with release plans that address every concern the government raises.

State Bail Considerations

In Rhode Island state court, bail for felon-in-possession charges is typically set by a justice of the peace or a Superior Court judge. While state bail is generally more attainable than federal detention, a new firearm arrest can also trigger a probation violation on any existing sentence, creating a second hold that must be addressed separately. Attorney Murphy and Attorney Marin handle both the new charge and any resulting violation simultaneously to prevent conflicting court obligations from undermining the defense strategy.

Conditions of Release

Whether released on state or federal bail, conditions typically include: no possession of firearms, regular reporting to pretrial services, travel restrictions, and sometimes GPS monitoring or home confinement. Violating any condition can result in immediate re-arrest and revocation of bail — so understanding these conditions from day one is critical. If the underlying arrest occurred during a felony where a firearm was present, additional conditions and charges may apply.

What Evidence Is Used to Prove Felon in Possession Charges?

Felon-in-possession prosecutions rise or fall on the strength of the evidence connecting you to the firearm. The categories of evidence most commonly at issue include:

Search and seizure circumstances. How the firearm was discovered is often the most consequential issue in these cases. Traffic stop searches, residence searches, and vehicle searches must comply with constitutional requirements. If police lacked reasonable suspicion for the stop, probable cause for the search, or a valid warrant, the firearm may be suppressible — and suppression often ends the prosecution.

Constructive possession evidence. When a firearm is found in a car with multiple occupants, a residence with multiple residents, or a location you don’t own or exclusively control, the prosecution must prove more than mere proximity. They must establish that you knew the firearm was there and had the ability and intention to exercise dominion over it. Fingerprint evidence, DNA, witness statements, and circumstantial evidence all factor into this analysis.

Prior conviction records. The prosecution must prove a qualifying predicate felony. Defense counsel will examine the conviction records, plea colloquies, and statutory definitions to determine whether the predicate actually qualifies. Errors in charging documents or assumptions about prior convictions are not uncommon.

Statements and admissions. Any statements you made to police, to co-defendants, or in recorded calls from jail can be used against you. Experienced counsel will review all statements for constitutional violations, context issues, and potential suppression arguments.

Digital and location evidence. Cell phone records, photographs, social media posts, and location data are increasingly used to establish possession, knowledge, or access in cases prosecuted in Warwick, Cranston, and throughout Kent County and Providence County. These evidence categories require careful technical and legal analysis.

Defense Strategies for Felon in Possession of a Firearm

Every felon-in-possession case — whether in Rhode Island state court or the U.S. District Court — has potential weaknesses the government must overcome. As an RI federal criminal defense attorney team, Attorney Stefanie A. Murphy and Attorney Matthew T. Marin build defense strategies by systematically attacking every element of the prosecution’s case — from the qualifying-predicate analysis under 18 U.S.C. § 922(g)(1), to the actual-versus-constructive possession theory, to the interstate-commerce nexus, to Armed Career Criminal Act (ACCA) exposure under § 924(e), and the evolving Bruen-era Second Amendment landscape after Rahimi.

Challenging the Search and Seizure

The Fourth Amendment is often the strongest weapon in a felon-in-possession defense. If the firearm was discovered during a traffic stop, a pat-down, a home search, or a vehicle search, the legality of that search determines whether the firearm can be used as evidence. Attorney Murphy files motions to suppress evidence under both the Fourth Amendment and Article I, Section 6 of the Rhode Island Constitution (which can provide broader protections than the federal standard). If law enforcement found the firearm during a traffic stop without reasonable suspicion or probable cause, the entire case may collapse.

Attacking Constructive Possession

In many felon-in-possession cases, the defendant was not holding the firearm when arrested. The gun was in a car with multiple passengers. It was in an apartment where several people had access. It was in a closet in a shared residence. The government’s theory is “constructive possession” — that you knew the firearm was there and had the ability to exercise control over it. Attorney Murphy challenges constructive possession by investigating who else had access, whether forensic evidence (fingerprints, DNA) connects the defendant to the firearm, and whether the government can prove knowledge beyond a reasonable doubt.

Challenging the Predicate Felony

Both state and federal felon-in-possession charges require proof of a prior qualifying conviction. In federal cases, the definition of what counts as a qualifying felony has been narrowed by recent Supreme Court decisions. Attorney Murphy reviews every prior conviction to determine whether it actually qualifies as a predicate offense under current law. In some cases, a conviction that qualified when the defendant was originally sentenced no longer meets the legal standard — and that can be the difference between a mandatory minimum sentence and a dismissal.

Second Amendment Challenges After Bruen

The Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen changed the framework for evaluating firearms regulations under the Second Amendment. Several federal courts have since considered whether 922(g)(1) — the felon-in-possession statute itself — is constitutional as applied to certain defendants, particularly those whose prior convictions were nonviolent. While these challenges are not yet a guaranteed path to dismissal, Attorney Murphy evaluates every case for potential Second Amendment arguments and stays current on the evolving circuit court landscape.

Firearm Enhancement Defense

Federal prosecutors frequently seek sentencing enhancements that can dramatically increase the prison term: Armed Career Criminal Act (ACCA) enhancements, sentencing enhancements for firearms used in connection with other offenses, and career offender designations under the federal sentencing guidelines. Each enhancement must be proven, and each can be challenged. Attorney Murphy has successfully argued against ACCA classification by demonstrating that prior convictions do not meet the statutory definitions of “violent felony” or “serious drug offense.”

Mitigation and Federal Sentencing Advocacy

If the case cannot be won at trial or on a motion to suppress, the defense shifts to sentencing mitigation. Federal judges have discretion to impose sentences below the advisory guideline range based on the factors in 18 U.S.C. 3553(a). Attorney Murphy prepares comprehensive sentencing memoranda that present the defendant’s life history, rehabilitative efforts, family circumstances, and mental health or substance abuse factors. With firearm prosecutions surging statewide — 498 cases in 2025 compared to 415 in 2024, federal judges are seeing more of these cases and are receptive to well-documented mitigation packages that distinguish one defendant from the next.

Charges Often Filed Alongside Felon in Possession

Felon-in-possession charges rarely come alone. Prosecutors routinely stack additional charges to increase pressure on the defendant and create leverage for plea negotiations. Attorney Stefanie A. Murphy reviews every charge in the indictment to identify which counts are legally sound and which are overreach.

Possession of a Stolen Firearm

If the serial number on the recovered firearm traces to a reported theft, prosecutors will add a stolen firearm possession charge even if the defendant had no knowledge the firearm was stolen. Proving knowledge is the government’s burden, and in many cases, the defendant purchased or received the firearm without any reason to believe it was stolen property.

Prohibited Weapons and Large-Capacity Magazines

Rhode Island’s assault weapons ban and large-capacity magazine restrictions mean that prohibited weapons charges are frequently layered on top of felon-in-possession counts. In 2025, there were 384 large-capacity magazine cases and 81 ghost gun cases statewide — many of which overlapped with felon-in-possession charges.

Firearm During Commission of a Felony

If the arrest occurred during or immediately following another alleged crime — a drug transaction, a domestic disturbance, a robbery — prosecutors will add firearm-during-felony charges that carry their own mandatory sentences on top of the felon-in-possession penalties.

Drug Charges and Federal Crossover

Federal prosecutors frequently combine 922(g) charges with drug conspiracy counts, especially when the arrest arose from a broader investigation. The combination of felon-in-possession plus drug distribution can trigger enhanced penalties under federal firearms statutes and dramatically increase the advisory sentencing guideline range.

School Zone and Juvenile Enhancements

If the firearm was recovered within 1,000 feet of a school, daycare, or playground, additional penalties under school zone firearm statutes may apply. These enhancements are based entirely on geography — the defendant does not need to have any connection to the school — making them ripe for challenge.

Why Federal Court Experience Matters in Felon-in-Possession Cases

There is a critical difference between a lawyer who handles state gun cases and one who regularly practices in federal court. Federal felon-in-possession cases operate under entirely different rules: the Federal Sentencing Guidelines, the Bail Reform Act, mandatory minimum statutes, and a prosecution culture that is more aggressive and less willing to negotiate than state prosecutors.

Attorney Stefanie A. Murphy is admitted to practice before the U.S. District Court for the District of Rhode Island, the U.S. District Court for the District of Connecticut, and the U.S. District Court for the District of Massachusetts. She has more than 20 years of criminal defense experience, including appellate victories before the Rhode Island Supreme Court that shaped how firearms cases are handled statewide. Attorney Murphy has been cited by the Providence Journal for her work on high-profile criminal defense cases and is recognized as a Super Lawyer and National Trial Lawyers Top 100 attorney.

Attorney Matthew T. Marin brings decades of trial experience as a founding partner of the firm. Together, Murphy and Marin have handled more than 2,500 criminal cases and maintain a 5.0 Google rating based on 451+ client reviews — a track record that reflects both legal skill and the kind of client communication that matters when families are navigating the worst experience of their lives.

If your case involves a carrying-without-a-license charge alongside the felon-in-possession count, or if prosecutors are seeking enhancements based on the type of weapon involved, you need attorneys who have handled exactly these combinations before. Our firm has.

Related Firearms and Weapons Offenses in Rhode Island

Felon-in-possession charges often intersect with other firearms offenses. Attorney Stefanie A. Murphy and Attorney Matthew T. Marin defend the full spectrum of gun and weapons charges in Rhode Island, including:

• Federal firearms charges — 922(g), straw purchases, unlicensed dealing, and other federal firearm offenses prosecuted in the U.S. District Court
• Carrying a pistol without a license — one of the most common companion charges when a felon is found with a handgun
• Firearm sentencing enhancements — ACCA, career offender, and other enhancements that increase mandatory minimum sentences
• Firearm during commission of a felony — additional charges when a firearm is present during another alleged crime
• Possession of a stolen firearm — frequently added when a recovered firearm’s serial number traces to a theft report
• Prohibited weapons — assault weapons, large-capacity magazines, and other banned items under Rhode Island law
• Gun charges arising from traffic stops — where Fourth Amendment search-and-seizure challenges are often strongest
• Gun charges involving schools or juveniles — school zone enhancements and juvenile-specific firearm offenses

With 498 new firearm cases in 2025 — 84% of them in Providence County — our attorneys are handling more firearms defense work than at any point in the firm’s history.

For a comprehensive overview of federal criminal defense in Rhode Island, including all charge types and the federal defense process, see our Providence federal criminal defense lawyer page.