The Rhode Island Supreme Court has vacated a decision that would have required a “clear and convincing” standard of proof for protective orders involving firearm surrender. The court ruled that the traditional “preponderance of evidence” standard remains the appropriate legal bar for civil protection orders in the state.
PROVIDENCE, RI (3-minute read) — A significant legal challenge to Rhode Island’s firearm surrender laws has reached its conclusion at the state’s highest court. On January 15, the Rhode Island Supreme Court vacated a lower court decision that sought to elevate the burden of proof for protective orders in cases where the accused is required to surrender their firearms. The ruling essentially prevents gun owners from using the Second Amendment as a grounds for a more rigorous dismissal process in civil domestic and sexual abuse cases.
The case centered on Richard Adorno, who was accused of sexual assault and subsequently ordered by a District Court to surrender his firearms and avoid contact with the accuser for three years. Adorno successfully appealed to a Superior Court judge, who “dissolved” the order by applying a “clear and convincing evidence” standard; a much higher bar than the “preponderance of evidence” usually required in civil court. The judge argued that the temporary restriction on Adorno’s Second Amendment rights necessitated this higher level of scrutiny.
Protecting the Integrity of Civil Orders
However, Justice Melissa Long, writing for the Supreme Court, clarified that the Superior Court erred in elevating the standard of proof. The court concluded that while the surrender of a firearm is a serious matter, it is a temporary measure intended to mitigate the “exponentially increased risk” that firearms present in domestic and sexual violence cases. The “preponderance of evidence” standard, often described as “more likely than not,” remains the standard set by the General Assembly in the 2017 Protect Rhode Island Families Act.
This ruling reinforces that civil protection orders are intended to prioritize the safety of those seeking protection without making the legal process prohibitively difficult. For firearm owners, it serves as a reminder that civil allegations can have immediate and significant, albeit temporary, impacts on the right to possess a firearm.
Safety Tip: In the realm of self-defense and firearm ownership, legal awareness is just as important as tactical proficiency. If you are ever served with a temporary protective order, your first and most critical step is full compliance with the court’s instructions regarding the surrender of your firearms. Failing to do so can transform a civil matter into a criminal felony charge. Immediately seek counsel from an attorney who specializes in firearm law to represent you at your hearing.