Gun Charges After a Traffic Stop Defense Lawyer in Rhode Island

What Happens When Police Find a Gun in Your Car During a Traffic Stop in Rhode Island?

If you were just pulled over and police found a gun in your car, here is what typically happens next — and what you need to know right now.

When a Rhode Island police officer discovers a firearm during a traffic stop, the situation escalates immediately. You will be ordered out of the vehicle. You will likely be handcuffed, placed in the back of a cruiser, and transported to the police station for booking. The firearm will be seized as evidence, and your vehicle may be impounded and inventoried. Within hours, you will face arraignment before a justice of the peace or a district court judge.

The Charges You Are Likely Facing

The specific charges depend on your background and whether you have a license to carry. If you do not have a Rhode Island concealed carry license, you will likely be charged with carrying a pistol without a license under R.I.G.L. 11-47-8, which carries a mandatory minimum of one year in prison. If you have a prior felony conviction, you face felon-in-possession charges with up to 10 years in state prison — or far worse if the case is referred to federal court. If the firearm is an assault weapon or has a large-capacity magazine, additional charges will be stacked on top.

Why the First 72 Hours Matter

Attorney Stefanie A. Murphy begins working on traffic stop gun cases immediately because the first 72 hours are critical. Dashcam footage, body camera footage, and dispatch records must be preserved before they are overwritten. Witness memories fade. And the initial bail hearing — where the judge decides whether you go home or stay in jail — often happens within 48 hours of arrest. The sooner you contact a defense attorney, the stronger your position at every stage.

When Can Police Legally Search Your Car During a Traffic Stop in Rhode Island?

This is the most important question in every traffic stop gun case: was the search legal? If police violated your Fourth Amendment rights when they searched your vehicle, every piece of evidence they found — including the firearm — can be suppressed. Without the gun, the prosecution has no case.

The Fourth Amendment and Vehicle Searches

The Fourth Amendment to the United States Constitution and Article I, Section 6 of the Rhode Island Constitution both protect you from unreasonable searches and seizures. Police cannot search your vehicle simply because they pulled you over. They need one of the following legal justifications:

• Your consent: If you said “yes” when the officer asked to search your car, the search is generally legal. But consent must be voluntary — if the officer implied you had no choice, or if you were already in handcuffs, the “consent” may not hold up.
• Probable cause: If the officer claims to have seen a firearm in plain view, smelled marijuana, or observed other evidence of a crime, they may argue probable cause justified the search.
• Search incident to arrest: If you were lawfully arrested for another offense (like an outstanding warrant), police can search the passenger compartment of your vehicle as part of that arrest — but only under limited circumstances defined by the Supreme Court in Arizona v. Gant.
• Inventory search: If your vehicle is lawfully impounded, police can conduct an inventory search — but they must follow standardized department policy, and any deviation from that policy is a basis for suppression.
• Terry frisk of the vehicle: Under Michigan v. Long, if the officer has reasonable suspicion that you are armed and dangerous, they can conduct a limited protective sweep of the vehicle’s passenger compartment. But reasonable suspicion requires specific, articulable facts — not a hunch.

When the Search Was Illegal

Attorney Stefanie A. Murphy has challenged traffic stop searches on every ground listed above — and won. Common scenarios where the search was unlawful include:

• The officer pulled you over without reasonable suspicion of a traffic violation (pretextual stop with no valid basis)
• The officer extended the duration of the stop beyond what was necessary to complete the traffic ticket, turning a routine stop into a fishing expedition
• The officer ordered you out of the car and searched without consent, probable cause, or a warrant
• A K-9 unit was called to the scene but arrived after the traffic stop should have concluded, violating the Supreme Court’s ruling in Rodriguez v. United States
• The officer claimed to see a firearm in “plain view” but the gun was actually concealed in a closed compartment

Rhode Island’s constitution can provide broader protections against unreasonable searches than the federal Fourth Amendment. Attorney Murphy argues under both state and federal constitutional provisions to maximize the grounds for suppression.

Penalties for Gun Charges After a Traffic Stop in Rhode Island

The penalties you face after police find a gun in your car depend on the specific charges filed, your criminal history, and whether the case stays in state court or gets referred to federal court. Here is what you are looking at:

Rhode Island State Charges

• Carrying a pistol without a license (R.I.G.L. 11-47-8): Mandatory minimum 1 year in prison, up to 10 years. This is the most common charge when a handgun is found during a traffic stop and the driver has no concealed carry permit.
• Felon in possession of a firearm (R.I.G.L. 11-47-5): Up to 10 years at the ACI. Applies if you have a prior conviction for a crime of violence.
• Possession of a large-capacity magazine: Separate charge for any magazine holding more than 10 rounds. In 2025, 384 large-capacity magazine cases were charged statewide — many originating from traffic stops.
• Possession of a prohibited weapon: If the firearm is classified as an assault weapon or is an unserialized ghost gun, additional charges apply.
• Possession of a stolen firearm: If the gun’s serial number traces back to a theft report, this charge gets added regardless of whether you knew the gun was stolen.

Federal Charges from Traffic Stops

Traffic stop gun cases can be referred to federal court, especially if the defendant has prior felony convictions or if the case arose from a joint task force investigation. Federal firearms charges carry dramatically harsher penalties: up to 10 years under 18 U.S.C. 922(g), or a 15-year mandatory minimum under the Armed Career Criminal Act if you have three or more qualifying prior convictions. There is no parole in the federal system.

Bail After a Traffic Stop Gun Arrest

In Rhode Island state court, bail for traffic stop gun charges is typically set at arraignment. The judge considers the severity of the charges, your criminal history, your ties to the community, and whether you pose a flight risk. Attorney Stefanie A. Murphy and Attorney Matthew T. Marin prepare bail arguments before the arraignment hearing to maximize your chances of going home while the case is pending. If a new gun charge triggers a probation violation on an existing sentence, you may face a second hold that must be addressed separately. For a detailed overview of how bail works in Rhode Island, see our guide to Rhode Island bail laws.

Defense Strategies for Traffic Stop Gun Charges in Rhode Island

Traffic stop gun cases have a unique advantage that most other firearms cases do not: the entire encounter begins with a police-initiated stop, which means there is almost always a basis to challenge the legality of the search. Attorney Stefanie A. Murphy and Attorney Matthew T. Marin build every traffic stop defense from the ground up, starting with the stop itself.

Motion to Suppress: Attacking the Stop and the Search

The motion to suppress is the single most powerful tool in a traffic stop gun defense. If the court finds that any part of the encounter — the initial stop, the expansion of the stop, the search of the vehicle — violated your constitutional rights, the firearm is excluded from evidence. Attorney Murphy files suppression motions under both the Fourth Amendment and Article I, Section 6 of the Rhode Island Constitution, arguing every applicable ground: lack of reasonable suspicion for the stop, unlawful prolongation of the detention, absence of probable cause for the search, defective consent, improper inventory search procedures, and illegal K-9 deployment.

Evidence that supports suppression motions includes dashcam footage, body camera video, dispatch logs, and GPS data from the patrol vehicle. Attorney Murphy subpoenas this evidence immediately because police departments have retention policies that can result in footage being overwritten within 30 to 90 days.

Constructive Possession: When Multiple People Were in the Car

If you were not the only person in the vehicle when police found the gun, the prosecution must prove that YOU — not a passenger, not someone else in the car — knowingly possessed the firearm. This is called constructive possession, and it is one of the most commonly challenged elements in traffic stop gun cases. If the gun was under a passenger seat, in a shared compartment, or in a bag belonging to someone else, Attorney Murphy investigates who had access and whether forensic evidence (fingerprints, DNA, touch DNA) connects you to the weapon. In many multi-occupant vehicle cases, the government simply cannot meet its burden of proving knowing possession beyond a reasonable doubt.

Challenging the Traffic Stop Itself

Every traffic stop must begin with reasonable suspicion that a traffic violation has occurred. If the officer pulled you over as a pretext to investigate something else — or if the stated reason for the stop (broken taillight, lane drift, tinted windows) is contradicted by dashcam footage — the entire stop is unlawful and everything that follows is fruit of the poisonous tree. Attorney Murphy has successfully challenged stops where the officer’s stated justification was disproven by video evidence.

Challenging Related and Enhanced Charges

Prosecutors frequently stack charges in traffic stop cases: carrying without a license, felon in possession, firearm sentencing enhancements, possession with intent to deliver if drugs were also found, and firearm during commission of a felony if the stop was connected to another alleged crime. Each charge has its own elements that must be proven independently. Attorney Murphy examines every count in the charging document to identify which charges are legally sound and which are prosecutorial overreach designed to pressure a plea.

Dashcam and Body Camera Evidence

Modern traffic stops are almost always recorded — by dashcam, body camera, or both. This footage is the most important evidence in your defense because it captures exactly what happened: what the officer said, whether you were given a choice about the search, how long the stop lasted, and whether the officer’s account in the police report matches what actually occurred. Attorney Murphy reviews every frame of available footage and has identified critical discrepancies between police reports and video evidence in numerous traffic stop gun cases.

State vs. Federal: When a Traffic Stop Gun Case Gets Referred to Federal Court

Most traffic stop gun cases in Rhode Island are prosecuted in state court — Rhode Island District Court or Superior Court. But certain cases get referred to federal prosecutors in the U.S. District Court for the District of Rhode Island, and the consequences are dramatically different.

When Federal Referral Is Likely

• You have prior felony convictions and face felon-in-possession charges under 18 U.S.C. 922(g)
• The traffic stop was conducted by or in coordination with a federal task force (ATF, DEA, FBI)
• Drugs were found alongside the firearm, creating potential federal drug charges
• The firearm was connected to an ongoing federal investigation
• Multiple firearms or large quantities of ammunition were recovered

What Changes in Federal Court

Federal court operates under entirely different rules than Rhode Island state court. There is no parole in the federal system. Mandatory minimum sentences are strictly enforced. Bail is harder to obtain — the Bail Reform Act creates a presumption of detention for firearm offenses. And federal prosecutors have significantly more resources than state prosecutors, including forensic labs, electronic surveillance records, and cooperation from multiple law enforcement agencies.

Attorney Stefanie A. Murphy is admitted to practice before the U.S. District Court for the District of Rhode Island and has defended federal firearms cases at every stage from detention hearing through trial. If your traffic stop gun case is heading to federal court, you need an attorney who has practiced there — not one who is learning the federal system on your case.

Related Charges Often Filed Alongside Traffic Stop Gun Cases

When police find a firearm during a traffic stop, the gun charge is rarely the only charge. Prosecutors routinely stack additional counts to increase leverage. Attorney Stefanie A. Murphy reviews every charge to determine which are supported by evidence and which are overreach.

Carrying a Pistol Without a License

Carrying a pistol without a license is the single most common charge in traffic stop gun cases. If the handgun was in your vehicle and you do not have a Rhode Island concealed carry permit, this charge applies automatically. It carries a mandatory minimum of one year in prison — but the legality of the search that discovered the gun is always subject to challenge.

Domestic Violence and Restraining Order Violations

If the traffic stop occurred near the residence of a person who has a restraining order against you, or if the stop was initiated because of a domestic violence report, prosecutors may add domestic violence charges and restraining order violations. If you are subject to a no-contact order and were found with a firearm, a violation of a no-contact order charge may also be filed.

Drug Charges

If drugs were found during the same vehicle search that produced the firearm, prosecutors will file possession with intent to deliver charges and may seek federal drug charges. The combination of a firearm plus narcotics dramatically increases the likelihood of federal referral and enhanced sentencing.

Ghost Guns and Prohibited Weapons

In 2025, 81 ghost gun cases and 384 large-capacity magazine cases were charged statewide. Many of these originated from traffic stops. If the firearm recovered from your vehicle was unserialized, classified as an assault weapon, or fitted with a large-capacity magazine, prohibited weapons charges will be stacked on top of the primary gun charge.

School Zone Enhancements

If the traffic stop occurred within 1,000 feet of a school, daycare, or playground, school zone firearm enhancements add additional penalties. These enhancements are based entirely on geography — in dense urban areas like Providence, Cranston, and Warwick, it is nearly impossible to drive anywhere without passing within 1,000 feet of a school.

Why Attorney Experience in Traffic Stop Gun Cases Matters

Traffic stop gun cases are won or lost on constitutional arguments that most criminal defense attorneys are not equipped to make. The difference between a lawyer who files a generic suppression motion and one who understands the specific case law governing vehicle searches, stop duration, consent validity, and K-9 deployment can be the difference between a dismissal and a prison sentence.

Attorney Stefanie A. Murphy has more than 20 years of criminal defense experience, including appellate victories before the Rhode Island Supreme Court that have shaped how firearms and search-and-seizure cases are handled statewide. She 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. 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. Their combined experience covers every type of traffic stop gun scenario: routine stops that escalated to vehicle searches, checkpoint stops, stops initiated by federal task forces, and stops involving multiple occupants where constructive possession is the central issue.

If your case involves a traffic stop where police found a firearm alongside a stolen firearm or a weapon with sentencing enhancement implications, you need attorneys who have challenged these exact charge combinations before.

Firearm Rights Restoration and Expungement After Traffic Stop Gun Convictions

If you were convicted of a gun charge after a traffic stop, you may be wondering whether your firearm rights can ever be restored — and whether the conviction can be removed from your record.

Expungement of Gun Charges

Rhode Island law allows certain criminal convictions to be expunged after a waiting period, provided specific criteria are met. Not all gun charges are eligible for expungement, and the waiting period depends on whether the conviction was a misdemeanor or a felony. Understanding what qualifies as a felony in Rhode Island is essential to evaluating your eligibility. Attorney Stefanie A. Murphy can evaluate whether your specific traffic stop gun conviction is eligible for expungement and guide you through the petition process.

Firearm Rights Restoration

Restoration of firearm rights in Rhode Island is a separate process from expungement. Even if your conviction is expunged, federal law may still prohibit you from possessing a firearm if the original conviction was a felony. The intersection of state and federal firearms disability law is complex, and incorrect assumptions about restored rights can lead to new charges. Attorney Murphy advises clients on both state restoration pathways and the federal limitations that may still apply.