Rhode Island’s Firearm Magazine Limit Law is Alive and Well
Rhode Island’s Firearm Reform: A Step Towards Curbing Gun Violence
In December 2022, the State of Rhode Island implanted various firearm reform laws, which legislators claim were aimed at curbing gun violence. One of these new laws imposes a 10-round capacity limit on magazines used in semi-automatic firearms. See the Rhode Island General Laws, Section 11-47.1-3 below.
Section 11-47.1-3 – Large capacity feeding devices prohibited
(a) No person, except for a federally licensed firearms dealer, shall manufacture, sell, offer to sell, transfer, purchase, possess, or have under his or her control a large capacity feeding device, except as otherwise authorized under this chapter.
CaseText, R.I. Gen. Laws § 11-47.1-3, CaseText Page Link
Contents
Understanding Firearm Types and Their Capacities
There are various forms of firearms. For handguns, there are both revolvers and semi-automatic pistols. Revolvers have capacity limits that range from 5 to 9 rounds of ammunition, stored, and fired from a cylindrical chamber that rotates upon each squeeze of the trigger. The most common revolver ammunition capacity is 6 rounds.
The mechanics of semi-automatic firearms are addressed below. For long guns, there are bolt action rifles and semi-automatic rifles. Bolt action rifles require the manual chambering of each round prior to firing. Pushing the bolt forward into the barrel enables the rifle to fire, whereas pulling the bolt back enables spent cartridges to be removed, and for a new round to be loaded.
The Mechanics of Semi-Automatic Firearms
Semi-automatic firearms, whether handguns or rifles, are fed ammunition from a spring-loaded magazine that is loaded into the weapon. Ammunition stored in magazines may be shot with semi-automatic firearms as fast as the shooter can pull the trigger. Therefore, the cycling of the rounds both in and out of the firing chamber and weapon, and from the magazine to the firing chamber, occurs semi-automatically.
Rhode Island’s Magazine Capacity Law and Its Implications
In June 2022, Rhode Island joined many other states by implementing a semi-automatic firearm magazine capacity limit of 10 rounds. Prior to implementing this law, no magazine capacity existed in the Ocean State. Many semi-automatic rifles, including the well-known AR-15, are manufactured and sold with 20 or 30-round magazines.
Similarly, many semi-automatic handguns are manufactured and sold with 15, 17, or 20-round magazines. Essentially, semi-automatic firearms are routinely sold with magazine capacities in excess of 10 rounds. Due to recent changes in Rhode Island firearm laws, these standard-issued magazines are no longer legal to possess.
Legal Consequences and Exemptions
Rhode Island did not grant any grandfather rights or exceptions to those who owned and possessed such magazines before the law changed. Therefore, previous owners have no legal protection if caught in possession of now-illegal magazines. Owners were given a 6-month grace period to remove these magazines from their possession.
As of December 2022, the law has remained in full force and effect. However, there are exemptions for active and retired law enforcement officers, and also for active duty members of the United Stated Armed Forces or the Rhode Island National Guard.
Enforcement and Penalties
The Rhode Island criminal justice system is already experienced with the new magazine limits. Police who seize firearms that contain magazines exceeding the 10-round capacity routinely seize these items and charge offenders under Rhode Island’s new felony law. Police that discover such magazines during vehicle searches, inventory searches, or executions of search warrants similarly seize the illegal devices and charge offenders under the new law.
Convicted offenders of Rhode Island General Law, Section 11-47.1-3 are subject to a sentence of up to five years in prison and/or a fine of up to $5000.00. Magazines that are seized, as violating the new capacity limitation, are also subject to forfeiture.
Seeking Legal Help
If you have been charged with violating Rhode Island’s new magazine capacity law, contact Rhode Island Firearms Defense Lawyer, John L. Calcagni III at 401-351-5100 for a free consultation.