Rhode Island Gun and Weapons Charges Defense Lawyer

Rhode Island gun crime enforcement is intensifying. The Attorney General’s 2025 Gun Crimes Report documented 498 new firearm cases — a 20% increase over 2024 — with 384 involving prohibited large-capacity magazines and 81 involving ghost guns. Federal agencies including ATF, FBI, and DEA routinely receive state case referrals for federal prosecution when the facts support it. The difference between a state misdemeanor and a federal felony can turn on a single prior conviction, proximity to a school, or the type of firearm involved.

Attorney Stefanie A. Murphy and Attorney Matthew T. Marin have defended clients facing the full range of gun and weapons charges in Rhode Island — from carrying a concealed pistol without a license under R.I. Gen. Laws § 11-47-8 to felon-in-possession cases with mandatory minimums, to firearm charges tied to violent felony allegations in Providence County Superior Court and Rhode Island District Court. Attorney Murphy is admitted to practice before the U.S. District Courts for Rhode Island, Connecticut, and Massachusetts (BBO #663646). She and Attorney Marin understand that the person facing these charges is not an abstraction — they are someone whose career, family, and future depend on what happens next.

If you are under investigation or have already been charged, do not provide statements to law enforcement without counsel. Call (401) 228-8271 for a confidential consultation.

What Are Gun Charges in Rhode Island? Common Firearm Offenses Explained

Gun charges in Rhode Island carry consequences far beyond what most people expect. The legal exposure depends on the specific charge, your prior record, and whether aggravating factors are present — but the baseline is severe. With 498 new firearm cases charged in 2025 alone, prosecutors are pursuing these cases aggressively.

Rhode Island law criminalizes a range of firearm-related conduct:

• Carrying a handgun without a license under R.I. Gen. Laws § 11-47-8 — up to ten years imprisonment
• Possessing a firearm after a felony conviction under R.I. Gen. Laws § 11-47-5 — mandatory minimum sentence
• Possessing prohibited weapons including silencers, short-barreled rifles, and certain knives
• Using or possessing a firearm during the commission of another crime — mandatory consecutive sentences

Many of these charges carry mandatory minimum sentences that judges cannot reduce or suspend.

The most critical variable is whether your case stays in state court or gets referred to federal prosecution. Federal firearm cases under 18 U.S.C. § 922 carry significantly longer sentences, no parole, and sentencing guidelines that give judges far less discretion. A person with a prior felony conviction found in possession of a single firearm can face a mandatory minimum of five years in federal prison. If that prior conviction qualifies as a “violent felony” under the Armed Career Criminal Act, the minimum jumps to fifteen years.

State charges are serious enough. Rhode Island’s statute for carrying a pistol without a license can result in up to ten years of imprisonment. Possession of a firearm by a prohibited person — someone with a felony conviction, domestic violence conviction, or certain restraining orders — carries mandatory minimum sentences. Firearm enhancements can add years to underlying charges for assault, robbery, or drug offenses.

The charging decision is not automatic. Prosecutors exercise discretion, and that discretion can be influenced by how a case is presented early in the process. The evidence that exists at arrest is not always the evidence that goes to trial. Suppression motions, constitutional challenges, and early intervention can change the trajectory — but only if defense counsel is engaged before the critical decisions are made.

How to Defend Against Gun Charges in Rhode Island

A firearm case is not simply about disputing whether a gun was present. It is about challenging every assumption the prosecution makes — about possession, about knowledge, about the legality of the search, and about whether the elements of the charged offense can actually be proven.

Early intervention is not optional; it is essential. In the first 48 to 72 hours after an arrest in Providence, Cranston, Warwick, or anywhere in Rhode Island, police are securing evidence, interviewing witnesses, and building a narrative. Defense counsel who engages early can preserve evidence that might otherwise be lost, identify constitutional violations while they are still fresh, and develop the factual record that determines the outcome.

Challenging the Stop and Search

Search and seizure issues are central to most firearm prosecutions. The Fourth Amendment requires police to have either a warrant or a recognized exception before searching a person, vehicle, or home. In practice, many firearm cases arise from traffic stops where police discover a concealed weapon, consent searches, or searches incident to arrest — all of which have specific legal requirements that are frequently violated. Officers often claim to have smelled marijuana, observed “furtive movements,” or received “consent” to search. Attorney Murphy has experience litigating suppression motions in Rhode Island courts and has been quoted in the Providence Journal criticizing the reliability of subjective police testimony.

Challenging Constructive Possession

The state must prove more than physical proximity to a firearm. Constructive possession requires proof that the defendant knew the firearm was present and had the ability and intent to exercise control over it. In cases involving multiple occupants of a vehicle during a traffic stop or a shared residence, this can be extraordinarily difficult to prove. In cases involving borrowed vehicles, shared spaces, or firearms belonging to a third party, the state’s theory may collapse under scrutiny.

Trial-Tested Results

Attorney Stefanie Murphy’s experience extends to serious felony jury trials, including a murder case reported by the Providence Journal in which the jury returned a not-guilty verdict on both murder and firearm charges. She has over 20 years of criminal defense experience and has been quoted by the Providence Journal as a criminal defense authority. That kind of trial-tested credibility means understanding how jurors evaluate evidence, how to cross-examine witnesses effectively, and how to present a defense that creates reasonable doubt.

Types of Gun and Weapons Charges We Defend in Rhode Island

Attorney Stefanie A. Murphy and Attorney Matthew T. Marin handle the full range of firearm and weapons charges prosecuted in Rhode Island state and federal courts.

Carrying a Handgun Without a License

Rhode Island requires a license to carry a concealed handgun under R.I. Gen. Laws § 11-47-8. A first offense carries up to ten years in prison. Many of these cases arise from routine traffic stops in Pawtucket, Woonsocket, or other municipalities where a lawfully owned firearm was present but the owner lacked the required permit. The defense often turns on whether the search was lawful, whether the defendant knew the firearm was in the vehicle, and whether Rhode Island’s concealed carry statutes were properly applied to the circumstances.

Felon in Possession of a Firearm

Both state and federal law prohibit individuals with felony convictions from possessing firearms. Rhode Island’s statute under R.I. Gen. Laws § 11-47-5 carries a mandatory minimum. Federal prosecution under 18 U.S.C. § 922(g) can result in five to fifteen years in federal prison depending on prior record. These cases require immediate attention to determine whether the underlying conviction actually qualifies as a disabling offense under Rhode Island and federal felon-in-possession law and whether restoration-of-rights arguments are available.

Firearm Enhancements in Violent Felony Cases

When a firearm is used or possessed during the commission of an assault, robbery, or drug offense, prosecutors add firearm enhancement charges that carry mandatory consecutive years on top of any underlying sentence. These enhancements often carry more prison time than the base offense itself, and an effective defense must address both the enhancement and the underlying charge simultaneously.

Firearm Possession During Commission of a Felony

Distinct from enhancement charges, this offense criminalizes having a firearm present during the commission of a separate felony — even if the weapon was never brandished or discharged. Prosecutors in Providence County pursue this charge aggressively when firearms are found alongside drug evidence or during alleged violent crimes.

Possession of Prohibited Weapons

Rhode Island law prohibits possession of certain weapons regardless of licensing status, including silencers, short-barreled rifles, and items classified as “weapons of violence.” With enforcement of the state’s weapons ban intensifying after 384 large-capacity magazine cases in 2025, charges can arise from items found during unrelated searches or encounters with police.

Possession of a Stolen Firearm

Being found with a firearm reported as stolen creates separate criminal exposure — even if you purchased the weapon in good faith and had no reason to know it was stolen. The prosecution must prove knowledge, and the defense often involves tracing the chain of ownership and challenging the state’s evidence of intent.

Federal Firearm Referrals

State gun cases are referred to federal prosecutors when aggravating factors are present — prior felony convictions, possession near schools or involving juveniles, involvement in drug trafficking, or possession of certain weapon types. Federal prosecution changes everything: the courthouse, the sentencing guidelines, and the available outcomes. Attorney Murphy’s federal bar admissions in Rhode Island, Connecticut, and Massachusetts allow her to defend clients across jurisdictions.

Domestic Violence and Firearm Prohibitions

A domestic violence conviction — even a misdemeanor — permanently prohibits firearm possession under both state and federal law. Clients facing domestic allegations must understand that a conviction through a plea may result in the permanent loss of Second Amendment rights and criminal liability for any future firearm possession.

Gun Charges Involving Schools and Juveniles

Firearms found in school zones or involving minors carry separate enhancement penalties under both state and federal law. These cases often involve juvenile/Family Court proceedings, school expulsion hearings, and the possibility of adult certification — making early intervention by experienced defense counsel critical.

If you are facing gun or weapons charges in Rhode Island, early legal intervention can make the difference between a defensible case and one where critical opportunities have been lost. Call (401) 228-8271 to discuss your case with an experienced firearm defense attorney.

Criminal Charges Often Filed Alongside Gun Charges in Rhode Island

Gun charges rarely stand alone. In Providence County — where 84% of Rhode Island’s 498 firearm cases in 2025 originated — prosecutors routinely stack firearm charges with other criminal allegations. Understanding the full scope of potential exposure is critical to mounting an effective defense.

Common charges filed alongside gun offenses include:

• Assault and Battery — When a firearm is present during an alleged assault, prosecutors charge both the underlying offense and separate firearm enhancement charges with mandatory consecutive sentences.
• Robbery and Armed Theft — Possession of a firearm during an alleged robbery triggers enhanced charges under Rhode Island’s armed robbery statutes, often with significantly longer mandatory minimums than the underlying theft offense.
• Drug Possession or Distribution — Firearms found during drug arrests create separate federal exposure under 18 U.S.C. § 924(c), which carries a five-year mandatory minimum consecutive to any drug sentence.
• Obstruction of Justice — Defendants who flee, resist, or provide false statements during a gun arrest face additional charges that extend sentences and limit plea options.

Each additional charge compounds the stakes. A single traffic stop can result in carrying without a license, possession of a controlled substance, and obstruction — turning a single-charge case into a multi-count indictment with years of combined exposure.

Rhode Island Gun Charge Penalties and Mandatory Minimum Sentences

The consequences of a gun conviction in Rhode Island extend far beyond prison time — but the prison time alone is severe.

Beyond incarceration: A gun conviction results in the permanent loss of Second Amendment rights, affects employment in law enforcement, security, and military service, impacts professional licensing, immigration status for non-citizens, and eligibility for federal benefits.

The escalation risk is real. A case that begins as a state misdemeanor can become a federal felony if prosecutors decide the facts warrant referral. A person arrested for a simple possession charge can face enhanced charges if additional evidence emerges — prior convictions, additional firearms, connection to drug activity, or proximity to a school. The time to address these risks is before charges are finalized, not after.

Why Hire an Experienced Rhode Island Gun Charges Lawyer?

Gun cases are not traffic tickets. They are prosecuted by experienced attorneys in the Attorney General’s Office — the same office that charged 498 new firearm cases in 2025 and successfully defended Rhode Island’s weapons ban before the U.S. Supreme Court. Federal cases are handled by Assistant United States Attorneys with substantial resources. The consequences include mandatory minimum sentences, permanent loss of constitutional rights, and collateral effects that follow you for decades.

Attorney Stefanie A. Murphy has defended clients in serious felony jury trials, including homicide cases and matters involving firearm charges with mandatory prison exposure. The Providence Journal has reported on Attorney Murphy’s courtroom work in cases ranging from post-conviction DNA litigation to a murder trial resulting in acquittal — including acquittal on the associated firearm charges. She has been quoted as a criminal defense authority on issues involving the reliability of police testimony and evolving enforcement practices.

Attorney Murphy’s practice spans the full range of firearm defense: traffic stop seizures where the legality of the search is the central issue, felon-in-possession cases where the underlying conviction may not actually qualify as a disabling offense, enhancement charges that can double a sentence, and federal referrals where the stakes multiply overnight. Her experience includes federal criminal defense matters requiring navigation of both state and federal systems, with bar admissions in the U.S. District Courts for Rhode Island, Connecticut, and Massachusetts.

Rhode Island Lawyers Weekly has covered cases in which Attorney Murphy successfully argued suppression issues before the Rhode Island Supreme Court, establishing precedent that affects how evidence is admitted in criminal cases statewide. Together with Attorney Matthew T. Marin — a founding partner with decades of trial experience — this is not a firm that handles gun cases occasionally. It is a firm whose attorneys understand the stakes, the courtroom dynamics, and the strategic decisions that determine outcomes.