§ 8-8.3-8. Firearms return — Disposal.
(a) Any firearm seized or surrendered in accordance with this chapter shall be returned
to the respondent upon his or her request, within ten (10) days, when:
(1) The respondent produces documentation issued by the court indicating that any extreme
risk protective order issued pursuant to this chapter has expired, terminated, or
has not been renewed. Respondent shall not be required to acquire any additional court
order granting the return of seized or surrendered firearms; and
(2) The law enforcement agency in possession of the firearms conducts a national criminal
records check and determines that the respondent is not otherwise prohibited from
possessing a firearm under state or federal law.
(b) A law enforcement agency shall, if requested by the court or the petitioner, provide
prior notice to any interested party, including but not limited to family or household
members of the respondent, of the impending return of a firearm to a respondent, in
the manner provided in § 8-8.3-6.
(c) Upon written request of the respondent, any law enforcement agency storing firearm(s)
shall transfer possession of the firearm(s) to a federally licensed firearms dealer,
who or that may be designated by the respondent if so desired.
(1) The respondent may instruct the federally licensed firearms dealer designated by the
respondent where applicable to sell the firearm(s) or to transfer ownership or possession
in accordance with state and federal law, to a qualified named individual who is not
a member of the person's dwelling house, and who is not prohibited from possessing
firearms under state or federal law. The owner of any firearm(s) sold shall receive
any financial value received from its sale, less the cost associated with taking possession
of, storing, and transferring of the firearm(s).
(2) Any individual to whom possession of a firearm(s) is transferred pursuant to this
subsection shall be prohibited from transferring or returning any firearm(s) to the
respondent while the extreme risk protective order is in effect and shall be informed
of this prohibition. Any knowing violation of this subsection is a felony that shall
be punishable by imprisonment for a term of not more than five (5) years, or by a
fine of not more than one thousand dollars ($1,000), or both.
(3) An individual to whom possession of a firearm(s) is transferred pursuant to this subsection
shall only return a firearm(s) to the respondent if the respondent provides court
documentation that the extreme risk protection order issued pursuant to this chapter
has expired or been withdrawn or terminated and has not been renewed.
(d) The Rhode Island state police are authorized to develop rules and procedures pertaining
to the storage and return of firearms seized by or surrendered to the local law enforcement
agency or the state police pursuant to the provisions of this chapter or chapter 8.1 of title 8. The state police may consult with the Rhode Island Police Chiefs' Association in
developing rules and procedures to effectuate this section.