Prohibited Weapons Defense Lawyer in Rhode Island

When Police Seize a Weapon They Claim Is Illegal Under State or Federal Law

The call comes after a traffic stop in Providence, a search warrant executed in Cranston, or an arrest on unrelated charges in Kent County. Police have seized something from your vehicle, your home, or your person, and now you’re facing prohibited weapon charges in Rhode Island. The weapon in question might be a firearm you modified years ago, a gun you built from an online kit, a magazine you purchased before recent regulatory changes, or a shotgun you inherited decades ago that authorities now claim violates barrel length requirements.

What you do in the next 24 to 72 hours shapes everything that follows. Whether police had legal authority to conduct the search that led to the seizure, whether the weapon actually falls within Rhode Island’s prohibited categories under current law, and whether federal authorities will assume jurisdiction are all questions that require immediate legal attention from a gun charges defense attorney who handles both state and federal weapons prosecutions.

Do not discuss the weapon, its origin, how you obtained it, what modifications were made, or where you purchased components with anyone—including family members, co-defendants, or cellmates—until you have spoken with a criminal defense attorney who handles serious weapons charges. These cases turn on technical details that require careful legal evaluation before any information is shared with law enforcement.

What Weapons Are Prohibited in Rhode Island?

Rhode Island law bans several categories of weapons that people in other states may legally own. If you found this page searching for “Rhode Island gun ban” or “what firearms are prohibited in RI,” here is what you need to know — and why these charges are more serious than many people expect.

Ghost Guns (Unserialized Firearms)

A ghost gun is a firearm without a serial number — typically assembled from a kit or 3D-printed parts. Rhode Island criminalized the possession, sale, and transfer of unserialized firearms and unfinished frames or receivers. In 2025, 81 ghost gun cases were charged statewide, making this one of the fastest-growing categories of weapons prosecutions. Many people who assemble firearms at home do not realize they are committing a crime until they are arrested during a traffic stop where the weapon is discovered.

Large-Capacity Magazines (LCMs)

Rhode Island prohibits the possession, sale, or transfer of any magazine capable of holding more than ten rounds of ammunition. This is the single most commonly charged prohibited weapon in the state: 384 large-capacity magazine cases were prosecuted in 2025, up from 304 the year before. The Rhode Island Supreme Court has upheld the constitutionality of this ban. Many gun owners who purchased magazines legally in other states or before the ban took effect do not realize they are now carrying contraband.

Assault Weapons

Rhode Island’s assault weapons ban prohibits specific semi-automatic firearms by name as well as firearms that meet certain feature-based criteria (such as a semi-automatic rifle with a detachable magazine and a pistol grip). The 2024 legislative session expanded the list of prohibited features, catching additional firearms that were previously legal. Attorney Stefanie A. Murphy has seen cases where clients owned firearms for years without issue until a law change reclassified their weapon as prohibited.

Sawed-Off Shotguns and Short-Barreled Rifles

Any shotgun with a barrel shorter than 18 inches or an overall length under 26 inches is prohibited under both Rhode Island state law (R.I.G.L. 11-47-8) and federal law (26 U.S.C. 5861). The same applies to rifles with barrels shorter than 16 inches. These cases can be prosecuted in either state or federal court, and federal prosecution carries significantly harsher penalties.

Other Prohibited Items

Rhode Island also prohibits armor-piercing ammunition, silencers (suppressors) without proper federal registration, and certain types of knives and bladed weapons. If you have been charged with possessing any prohibited weapon or device, Attorney Murphy and Attorney Marin can evaluate the specific statute at issue and determine whether the weapon actually falls within the legal definition.

What Happens If You Get Caught With a Ghost Gun or Prohibited Weapon in Rhode Island?

If you were just arrested and you are reading this from your phone, here is the short answer: prohibited weapons charges in Rhode Island are serious felonies. The penalties vary depending on the type of weapon, and prosecutors are charging these cases aggressively — 498 new firearm cases were charged statewide in 2025, with 84% of them in Providence County.

Ghost Gun Penalties

Possession of an unserialized firearm is a felony in Rhode Island. A first offense carries up to 5 years in prison and fines up to $5,000. If you are also a person who is prohibited from possessing firearms due to a prior conviction, the penalties increase — and prosecutors will stack a felon-in-possession charge on top of the ghost gun charge. The 81 ghost gun cases prosecuted in 2025 frequently involved multiple charges from a single arrest.

Large-Capacity Magazine Penalties

Possession of a magazine holding more than ten rounds is a misdemeanor for a first offense (up to 1 year and a $1,000 fine) but becomes a felony for subsequent offenses. However, large-capacity magazine charges are almost never filed alone. With 384 LCM cases in 2025, the vast majority were accompanied by additional firearms charges — carrying without a license, felon in possession, or ghost gun possession — turning what looks like a minor charge into a serious legal situation.

Assault Weapon Penalties

Possession of a banned assault weapon is a felony carrying up to 10 years in prison. This includes both named weapons on the statutory list and weapons that meet the feature-based criteria. The classification of what constitutes an “assault weapon” is one of the most commonly challenged elements in these cases.

What Happens at Your First Court Appearance

After arrest, you will appear before a judge within 24 to 48 hours for arraignment. The judge will set bail conditions, which typically include surrendering any remaining firearms. Attorney Stefanie A. Murphy appears at arraignments to argue for reasonable bail and to begin building the defense from the first hearing. If the arrest occurred during a traffic stop, she evaluates the legality of that stop immediately — because if the stop was unlawful, everything that followed may be suppressible.

How Bail Works in Rhode Island Prohibited Weapons Cases

If someone you love was just arrested on prohibited weapons charges, your first question is probably: “Can they come home while this is pending?” In most Rhode Island prohibited weapons cases, bail is available — but the conditions and amount depend on the specific charges, prior record, and the court where the case is being heard.

What Prosecutors Argue at Bail Hearings

In prohibited weapons cases, prosecutors typically argue that the defendant poses a danger to the community because they were found with an illegal weapon. They will cite the weapon type — ghost guns and assault weapons trigger more aggressive bail arguments than large-capacity magazine charges alone. If the defendant has prior convictions, prosecutors will argue for higher bail or pretrial detention. Attorney Stefanie A. Murphy anticipates these arguments and prepares counter-evidence before the hearing.

Effective Bail Advocacy

Attorney Murphy prepares bail packages that include employment verification, housing stability, community ties, and — critically — evidence that the defendant has no history of violence. In many prohibited weapons cases, the defendant is a lawful gun owner who unknowingly possessed a newly banned item. Presenting the defendant as a responsible person who made an honest mistake, rather than a dangerous criminal, can be the difference between going home and waiting in custody. If the defendant has no prior record, bail should be set at a level that allows pretrial release.

District Court vs. Superior Court

Misdemeanor prohibited weapons charges (first-offense LCM possession) are handled in Rhode Island District Court, where bail is typically set by a justice of the peace. Felony charges (ghost guns, assault weapons, sawed-off shotguns) are transferred to Superior Court, where a Superior Court judge sets bail conditions. If the arrest also triggered a probation violation on a prior sentence, there may be a separate hold that must be addressed before the defendant can be released.

Federal Involvement

Some prohibited weapons cases — particularly sawed-off shotguns and short-barreled rifles regulated under the National Firearms Act — can be prosecuted in federal court. Federal bail is significantly harder to obtain because the Bail Reform Act creates a presumption of detention for firearms offenses. Attorney Murphy is admitted to practice in the U.S. District Court for the District of Rhode Island and has secured pretrial release for federal firearms defendants.

Defense Strategies for Prohibited Weapons Charges in Rhode Island

Every prohibited weapons charge has elements the prosecution must prove beyond a reasonable doubt. Attorney Stefanie A. Murphy and Attorney Matthew T. Marin build defenses by systematically challenging each element — from whether the search that discovered the weapon was legal to whether the weapon actually qualifies as “prohibited” under the statute.

Challenging the Search and Seizure

The Fourth Amendment is the first line of defense in every prohibited weapons case. If the weapon was discovered during a traffic stop where law enforcement lacked reasonable suspicion, a warrantless home search, or a pat-down that exceeded its lawful scope, Attorney Murphy files motions to suppress the weapon as evidence. Rhode Island’s constitution (Article I, Section 6) can provide broader search-and-seizure protections than the federal Fourth Amendment, giving the defense two constitutional frameworks to argue.

Weapon Classification Challenges

Not every weapon the government calls “prohibited” actually meets the statutory definition. This is one of the most technical and valuable defenses in this area. For assault weapons, the question is whether the firearm meets the specific feature-based criteria in the statute — and the answer is not always obvious, especially for modified or aftermarket firearms. For ghost guns, the question is whether the item actually constitutes a “firearm” under Rhode Island law, or whether it is an unfinished part that has not reached the threshold of functionality. Attorney Murphy retains firearms examiners who can testify about classification disputes.

Magazine Capacity Testing

In large-capacity magazine cases, the prosecution must prove the magazine is capable of holding more than ten rounds. Attorney Murphy challenges the testing methodology: was the magazine tested by a qualified forensic examiner? Was the testing protocol documented? Were the results reproducible? In some cases, magazines that appear to hold more than ten rounds are actually designed for a lower capacity but can be forced to accept additional rounds under abnormal conditions — and that distinction can be the difference between a conviction and an acquittal.

Constitutional Challenges After Bruen

The Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen changed how courts evaluate firearms regulations under the Second Amendment. The government must now demonstrate that a weapons ban is consistent with the nation’s historical tradition of firearms regulation. While the Rhode Island Supreme Court has upheld the large-capacity magazine ban, Bruen-based challenges to assault weapons bans and ghost gun prohibitions are still being litigated in federal courts nationwide. Attorney Murphy evaluates every case for potential constitutional challenges and tracks the evolving case law across the federal circuits.

Lack of Knowledge Defense

Many prohibited weapons charges involve defendants who genuinely did not know their weapon was illegal. They inherited a firearm that turned out to be an assault weapon. They bought a magazine out of state where it was legal. They assembled a firearm at home before the ghost gun ban took effect. The prosecution must prove knowing possession — and if the defendant had no reason to believe the item was prohibited, that element may fail. This defense is particularly strong in cases involving recently enacted bans, where the defendant possessed the item legally before the law changed.

Expert Witnesses and Forensic Examination

Attorney Murphy retains independent firearms examiners, ballistics experts, and forensic specialists to challenge the prosecution’s evidence. In ghost gun cases, experts can testify about the functionality of unfinished frames or receivers. In assault weapon cases, they can address whether a firearm actually meets the statutory feature criteria. In cases where prosecutors seek sentencing enhancements based on weapon type, expert testimony can counter the government’s characterization of the weapon.

Sentencing Mitigation

If the case cannot be won at trial or through pretrial motions, the defense shifts to sentencing advocacy. Attorney Murphy prepares comprehensive sentencing memoranda that present mitigating factors: the defendant’s lack of criminal history, employment and family circumstances, the fact that the weapon was possessed for self-defense rather than criminal activity, and any mental health or substance abuse factors. With firearms prosecutions surging statewide, judges are receptive to well-documented mitigation that distinguishes one case from the mass of prosecutions.

Charges Often Filed Alongside Prohibited Weapons in Rhode Island

Prohibited weapons charges rarely come alone. Rhode Island prosecutors routinely stack multiple charges from a single arrest to increase pressure and create plea leverage. Attorney Stefanie A. Murphy reviews every charge in the complaint or indictment to identify which counts have evidentiary support and which are prosecutorial overreach.

Carrying a Pistol Without a License

If the prohibited weapon is a handgun and the defendant does not hold a valid Rhode Island carry permit, prosecutors will add a carrying-without-a-license charge on top of the prohibited weapons count. This combination is one of the most common charge pairings in RI firearms cases.

Felon in Possession

If the defendant has any prior felony conviction, a felon-in-possession charge will be added regardless of the weapon type. This transforms a prohibited weapons case into a much more serious prosecution, especially if the case is referred to federal court under 18 U.S.C. 922(g).

Large-Capacity Magazine Charges

Ghost guns and assault weapons are frequently found with large-capacity magazines, resulting in separate charges for each prohibited item. With 384 LCM cases in 2025, this is the most common companion charge in prohibited weapons prosecutions. A single firearm with one oversized magazine can generate two or three separate criminal counts.

Possession of a Stolen Firearm

If the recovered weapon’s serial number traces to a reported theft — or if a ghost gun lacks a serial number entirely — prosecutors may add a stolen firearm charge. The absence of a serial number on ghost guns creates a unique evidentiary problem: the prosecution cannot trace the weapon’s provenance, which can work for or against the defendant depending on the circumstances.

Firearm During Commission of a Felony

If the arrest occurred during or immediately following another alleged crime, prosecutors add firearm-during-felony charges carrying their own mandatory sentences. This is particularly common when prohibited weapons are discovered during drug investigations or domestic disturbance calls.

School Zone Enhancements

If the prohibited weapon was found within 1,000 feet of a school, daycare, or playground, school zone enhancement penalties apply. These enhancements are based purely on geography — the defendant does not need any connection to the school — making them ripe for challenge, especially in densely populated areas like Providence where school zones overlap significantly.

Why Attorney Experience Matters in Prohibited Weapons Cases

Prohibited weapons cases are among the most technically demanding firearms prosecutions in Rhode Island. They require knowledge of evolving statutory definitions, forensic testing standards, and constitutional law that most criminal defense attorneys encounter only occasionally. Attorney Stefanie A. Murphy and Attorney Matthew T. Marin handle these cases regularly — and the technical depth of their defense work sets them apart.

Trial Experience

Attorney Stefanie A. Murphy has more than 20 years of criminal defense experience, including trial victories in firearms cases and appellate arguments before the Rhode Island Supreme Court that shaped how weapons charges are evaluated statewide. She understands how prohibited weapons cases are built, where they are vulnerable, and how to present complex classification and testing disputes to a jury in plain language.

Challenging the Evidence

In prohibited weapons cases, the evidence is the weapon itself — and the prosecution’s characterization of that weapon. Attorney Murphy retains independent firearms examiners who challenge the state’s classification determinations, magazine capacity testing methodologies, and forensic chain-of-custody procedures. When the prosecution’s evidence is weak, she exploits those weaknesses through pretrial motions and cross-examination.

Recognition and Credentials

Attorney Murphy is recognized as a Super Lawyer and National Trial Lawyers Top 100 attorney. She has been cited by the Providence Journal for her work on high-profile criminal defense cases. 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.

State and Federal Capability

Attorney 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. Prohibited weapons cases — particularly sawed-off shotguns and NFA violations — can be prosecuted federally, and federal firearms prosecutions operate under entirely different rules. Having attorneys who practice in both systems ensures your defense is prepared regardless of where the case is filed.

Related Firearms and Weapons Offenses in Rhode Island

Prohibited weapons 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:

• Large-capacity magazine charges — the most common prohibited weapon charge in RI, with 384 cases in 2025
• Felon in possession of a firearm — frequently stacked on top of prohibited weapons charges when the defendant has a prior felony
• Carrying a pistol without a license — one of the most common companion charges when a prohibited handgun is found
• Gun charges arising from traffic stops — where prohibited weapons are frequently discovered and where suppression arguments are strongest
• Federal firearms charges — NFA violations, sawed-off shotgun prosecutions, and other federal weapons offenses
• Firearm during commission of a felony — additional charges when a prohibited weapon is present during another alleged crime
• Firearm sentencing enhancements — enhanced penalties based on the type or classification of the weapon
• Possession of a stolen firearm — added when a weapon’s serial number traces to a theft report
• Gun charges involving schools or juveniles — school zone enhancements and juvenile-specific firearm offenses

With 498 new firearm cases in 2025 — including 384 large-capacity magazine cases and 81 ghost gun cases — prohibited weapons prosecutions represent the largest growth area in Rhode Island firearms enforcement.