Rhode Island Gun Charges Lawyer

Defending Gun Charges Throughout Rhode Island

Not all gun cases are the same. The circumstances of an arrest, how a firearm was discovered, and the charges filed can significantly affect the defense. A bad police search may provide grounds to challenge important evidence.

Payette Law represents clients facing a wide range of firearm offenses, including:

• Carrying a pistol without a license
• Drive-by shootings
• Possession of a firearm by a prohibited person
• Possession of a firearm while committing a crime of violence
• High-capacity magazine charges
• Felony assault involving firearms
• Firearm charges involving drugs
• Other firearm possession and weapons offenses

Every gun case deserves a defense built around the facts, the law, and the person charged.

Carrying a Pistol Without a License in Rhode Island

Carrying a pistol without a license is one of the most common gun charges in Rhode Island. It is a felony involving carrying a handgun without the required license or permit in circumstances prohibited by law. The charge carries a maximum sentence of 10 years in prison, but a sentence can consist entirely of probation, with no jail time.

These cases often raise important questions about how the firearm was discovered, whether police conducted a bad search, and whether the State can prove every element of the offense.

Attorney Payette has extensive experience defending these charges, including litigating numerous motions to suppress evidence based on constitutional violations and challenging the constitutionality of Rhode Island's firearm permitting laws.

Challenging Rhode Island Gun Laws at the Highest Level

Attorney Elizabeth Payette has been at the forefront of constitutional challenges to Rhode Island's firearm laws.

While serving as a Rhode Island public defender, Attorney Payette was the first attorney to file motions to dismiss gun charges based on the United States Supreme Court's landmark decision in New York State Rifle & Pistol Association v. Bruen.

Her challenges went beyond individual gun charges. Attorney Payette challenged the constitutionality of Rhode Island's firearm permitting statute, which governs the licensing requirements at the center of carrying a pistol without a license charges. She also challenged restrictions preventing adults ages 18 to 20 from obtaining carry permits.

Attorney Payette personally handled the constitutional litigation, including an evidentiary hearing and the legal arguments leading to review by the Rhode Island Supreme Court.

In State v. Isaiah Ortiz, Attorney Payette's constitutional challenge was argued before the Rhode Island Supreme Court on October 22, 2026. The case is currently awaiting a published decision.

This experience is directly relevant to defending people charged with carrying a pistol without a license and other firearm offenses in Rhode Island.

High-Capacity Magazine Charges in Rhode Island

Rhode Island prohibits high-capacity magazines, legally known as large-capacity feeding devices, that can hold or be readily extended to hold more than 10 rounds of ammunition.

Possession of a prohibited high-capacity magazine can result in felony charges and up to five years in prison.

At Payette Law, we examine how the magazine was discovered, whether police conducted a bad search, whether the State can prove possession, and whether the item meets the legal definition of a prohibited magazine.

We also examine constitutional challenges and other defenses based on the facts and the law.

How Payette Law Defends Rhode Island Gun Charges

A gun charge does not automatically mean a conviction.

At Payette Law, we closely examine the evidence and investigate the circumstances surrounding an arrest. One of the first questions is whether the police had the legal right to search you, your vehicle, or your property.

Depending on the case, our defense may include:

• Filing motions to suppress evidence obtained through bad searches or constitutional violations
• Challenging whether the State can prove possession of the firearm
• Conducting independent investigations and questioning witnesses
• Examining surveillance footage, forensic evidence, and police reports
• Challenging the constitutionality of firearm laws when appropriate
• Gathering mitigation and negotiating resolutions to reduce or avoid incarceration

The goal is straightforward: challenge the State's case, protect your rights, and fight for the best possible outcome.

Frequently Asked Questions About Rhode Island Gun Charges

What is the penalty for carrying a pistol without a license in Rhode Island?

Carrying a pistol without a license is a felony punishable by up to 10 years in prison. However, a sentence can consist entirely of probation, with no jail time.

Can a Rhode Island gun charge be dismissed?

Yes. Gun charges may be dismissed when the State cannot prove its case, evidence is suppressed because of a bad search, or another legal defense applies. Every case requires a careful review of the facts and the law.

Can police search my car for a gun in Rhode Island?

Police cannot search your car simply because they want to look for a gun. They must have a lawful basis for the search, such as a warrant, valid consent, or an exception to the warrant requirement.

If the police found the gun during a bad search, we may be able to keep that evidence out of court.

Are high-capacity magazines illegal in Rhode Island?

Yes. Rhode Island prohibits high-capacity magazines capable of holding, or being readily extended to hold, more than 10 rounds of ammunition. Violations can carry up to five years in prison.

Do I need a lawyer for a gun charge in Rhode Island?

Yes. Gun charges carry serious penalties and can involve complicated constitutional issues, bad searches, and mandatory sentencing provisions. An experienced criminal defense attorney can investigate the evidence, file motions to suppress, challenge the charges, and fight for the best possible outcome.