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East Providence CCW Issue

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Feb 27, 2016
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UPDATE:
Just received my official written denial this afternoon from the EPPD.

It reads as follows:

dear Mfraz1,

This letter will serve as a formal written notification that after careful consideration your application to carry a concealed weapon has been denied. The responsibility for the issuance of a concealed weapon permit by a police chief is an important responsibility that requires close scrutiny and a real demonstration of needed by the applicant. Unfortunately your application and the follow-up conversation with Major Nebus did not convince me that you have a true need to carry a concealed firearm.

I realize you have been a good law abiding citizen, however the issuance of a permit to carry and the requirements involving the issuance of the permit to carry a concealed weapon requires more than just good character. It also requires a proper and true need.

I will revisit your request for a permit to carry a concealed weapon if the new facts and circumstances are presented to me they convinced me that you have a proper in true need to carry a concealed firearm. If I can be of further assistance in the future, please let me know.

-----END----

Well, it looks like I'm off to the lawyer. I spoke with the attorney who represented Gadomski and it looks like I will probably be using him. I just wanted to update everyone on my situation. If you happen to be in the same boat as me, please send me a message.

Mike

----------------------


Im posting this with the hope that some of you will be able to lead me in the right direction.

I applied for my ccw permit about a month ago and received a call this past Thursday from deputy police chief Bill Nebus. After asking for me, he said "Yeah, I'm callin' you about this gun permit". He sounded very skeptical, which surprised me.

Before hanging up on me, he told me that he doesn't see that I've filed any complaints against anyone (i.e. threats against my life or property) and doesn't see that I have any need to carry a concealed firearm. I went on to tell him about all the reasons I'd listed in my application: exercising my second amendment right to protect myself and those with me when outside of my home, protection of myself when filming with high dollar equipment (I'm an independent filmmaker and often shoot in less than desirable locations with camera and gear that cost in excess of $3000), etc. and he seemed to dismiss these and acted as if he expected me to list more. He told me he's "never heard of a photographer needing to be armed". I told him I wasn't a photographer and I found that offensive and dismissive. He repeated himself but said 'filmmaker'. He asked me if I've ever hired a security guard. I said no. I said how I didn't really understand what I was missing and he basically repeated himself. I told him I thought it was unprofessional and I found his condescension rude and that I don't agree with any of what he said, that I've never heard I need to have a documented threat against my life in order to procure a carry permit. He said "And this is exactly why we do these interviews" as if I had somehow proven myself unfit to carry. I said that I wanted to meet with the chief about this and he told me I could reach him through the switchboard and then he hung up.

Needless to say, I don't agree with any of what Mr. Nebus said. I'm not sure what I should do now. I really didn't plan on having this kind of an issue with the EPPD. I emailed the chief, who is a nice, level-headed guy, and he apologized for the negative interaction. He said he is more than happy to meet with me in person or to speak with me over the phone. He also said, however, that our meeting would most likely not have any influence on the carry decision. It should be noted that I was never told officially that I've been denied. I also haven't received an official written decision either.

Im not sure what to do? Should I meet with him? Can I contest the decision? Do I have to get a lawyer? I just don't know what the next step is and feel like I'm getting stepped on.


I appreciate any advice you could give me.
 
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http://webserver.rilin.state.ri.us/Statutes/TITLE11/11-47/11-47-11.HTM

RI is a Shall issue state. get a lawyer.

The licensing authorities of any city or town shall, upon application of any person twenty-one (21) years of age or over having a bona fide residence or place of business within the city or town, or of any person twenty-one (21) years of age or over having a bona fide residence within the United States and a license or permit to carry a pistol or revolver concealed upon his or her person issued by the authorities of any other state or subdivision of the United States, issue a license or permit to the person to carry concealed upon his or her person a pistol or revolver everywhere within this state for four (4) years from date of issue, if it appears that the applicant has good reason to fear an injury to his or her person or property or has any other proper reason for carrying a pistol or revolver, and that he or she is a suitable person to be so licensed.
 
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East Providence is the town that had their asses handed to them in Gadomski vs. Tavarres. Look up the opinion and read, it clearly states that "need" is not part of the shall-issue part of 11-47-11.

That's unbelievable that they would still be pushing that shit. You should definitely meet with the chief, after making yourself familiar with Gadomski. Ask him why they are still applying the standards that the judge specifically told them they could not use.

ETA, if after your meeting with the Chief, they still want to deny you, make sure you get it in writing, along with their reasons for denying. You are entitled to that information.
 
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Hi guys, thanks so much for helping me out with this. You are correct, East Providence's disgraced former police chief Tavares was forced by the supreme court to give the applicant his deserved permit. He was also removed from his office for that issue among many others. He is obviously not well liked. BUT he's gone now. I was hoping Chief Parella was the final decision maker in these matters as I know him to be a level headed person, as I said above. Unfortunately I had to deal with Mr. Nebus.

I just feel like I'm getting stepped on after jumping through all the hoops and doing exactly what was asked of me. What stings the most is that I know my reasons are good enough (even though I feel it is unconstitutional to even demand I supply reason), but he practically laughed at them.

Is it too early to look for a lawyer? I don't have much money, so hopefully one would be willing to help me pro bono. I doubt it though. Do you think meeting with chief Parella is the right thing to do? Should I go in and quote 11-47-11? He said in his email:

Please be aware however that this most likely will not effect the decision made regarding your request for a CCW permit. It may however provide you with a forum to voice your concerns over the decision and your negative interaction with Major Nebus.

I appreciate ate any further advice you could give.

Mike

 
I don't think you can move forward until you have a decision in writing from them. As if you needed it, your OP specifies that you are frequently in high crime areas with valuable equipment. That's reason enough for them. Sounds like the deputy chief has a personal agenda that he's enforcing in his own little fiefdom. And he's got the balls to continue this practice after the Gadomski v Tavarres decision. This is one thing that irks me about our legal system. Civil servants, that's right, not "authorities", feel they can infringe on rights, because most working class people are barely getting by, and certainly don't have disposable income lying around for a lengthy court battle.
 
Thanks for making feel like I'm not the crazy one here. I was starting to worry maybe I was wrong, but the whole situation just didn't feel right.

I agree with you that maybe I should wait until I receive something in writing before making the next step. For all I know he could approve it after all this (highly unlikely after the way that phone call went).
 
This is their filtering process. If only every person treated like this would not stand for it.

Good luck and keep us posted! I support your effort.
 
Thanks my friend, I appreciate the solidarity. It felt like he was purposefully trying to get me riled up by insulting me. Luckily I didn't say anything out of line, swear at him, etc. I kept my cool but just told him I was dissatisfied with the way he was treating me. I just now emailed the chief and quoted 11-47-11 as well as Gadomski v. Tavares so we'll see where that goes. I am going to keep posting here as things progress. Any more advice is greatly appreciated.

P.s. Slap shot: love the bike. My fiancé and I are hoping to upgrade eventually to a Road King.
 
Road King is nice, it's what I had before I bought this. The 103 motor with 6spd tranny is a must have though. [smile]
 
Good luck MFraz1, I think you're on the right track. Keep records of all your conversations with them, and try to do as much as possible in writing. For example, if you do meet with the Chief, send a letter or email after, summarizing your conversation, and ask if there is anything he disagrees with there.

Keep a record of all your phone calls, even if you just leave a message. Date and time...

If you do end up going to court, these records will be very helpful to your case.

If you contact a lawyer, I would recommend trying Atty. Strachman first. He was Gadomski's lawyer, and I would guess he would be very interested in the shennigans being pulled in EP as of late.
 
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Good luck MFraz1, I think you're on the right track. Keep records of all your conversations with them, and try to do as much as possible in writing. For example, if you do meet with the Chief, send a letter or email after, summarizing your conversation, and ask if there is anything he disagrees with there.

Keep a record of all your phone calls, even if you just leave a message. Date and time...

If you do end up going to court, these records will be very helpful to your case.

If you contact a lawyer, I would recommend trying Atty. Strachman first. He was Gadomski's lawyer, and I would guess he would be very interested in the shennigans being pulled in EP as of late.

This. And remember that most attorneys will give you a phone consult before any money needs be spent. Sometimes it's useful to just speak with one in regards to your situation. I had a situation about a month back that required an attorney. Wound up speaking to about 4 attorneys before selecting one. One specifically gave me a free 1 hr. phone consult. You can learn alot by just listening to them and taking some notes.
 
Good luck MFraz1, I think you're on the right track. Keep records of all your conversations with them, and try to do as much as possible in writing. For example, if you do meet with the Chief, send a letter or email after, summarizing your conversation, and ask if there is anything he disagrees with there.

Keep a record of all your phone calls, even if you just leave a message. Date and time...

If you do end up going to court, these records will be very helpful to your case.

If you contact a lawyer, I would recommend trying Atty. Strachman first. He was Gadomski's lawyer, and I would guess he would be very interested in the shennigans being pulled in EP as of late.

I plan on doing exactly that! I prefer to correspond by email as it gives me time to get my thoughts in order as well as having a record of what was said. Thank you for the good advice!
 
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This. And remember that most attorneys will give you a phone consult before any money needs be spent. Sometimes it's useful to just speak with one in regards to your situation. I had a situation about a month back that required an attorney. Wound up speaking to about 4 attorneys before selecting one. One specifically gave me a free 1 hr. phone consult. You can learn alot by just listening to them and taking some notes.

This makes a great deal of sense. I am HOPING to avoid a legal battle, but if that is what o have to do I will follow in your footsteps.

- - - Updated - - -

Here is a radio interview with Atty. Strachman that was taped in May 2015, with Daria Bruno. The interview starts at approximately 29:20

WHJJ Podcast

Thank you! I will take a listen to this.
 
talk about taking a giant leap backwards after the godomski decision. good luck, i would suggest certified letter if your emails go unresponded. and like stated make sure you get a denial in writing.
 
talk about taking a giant leap backwards after the godomski decision. good luck, i would suggest certified letter if your emails go unresponded. and like stated make sure you get a denial in writing.
Thank you, I definitely intend on doing that. So frustrating!!

- - - Updated - - -

Document all.

If the chief does not give you satisfaction follow up with the chief's boss prior to spending money on an attorney. Use the system you are paying for first.

Thank you. I will certainly be doing that. I'm going to post here as soon as there's an update on the situation.
 
Hi guys,

Just wanted to drop another line on here to update you guys that I have yet to hear anything from the police department regarding my supposed denial. Do any of you have any idea how long I should wait or should I attempt to contact them again? The last contact I had with anyone at the department was an email I sent to the chief contesting what the deputy chief said in the interview on the 27th. I don't know what's taking so long. This is a bunch of bullshit.
 
You should be calling every couple of days and asking for a status update. Don't ask them about your denial, ask for the status of your application. Don't wait around keep the pressure on them. I have mine through the same city. I got it through the old chief and had to keep calling and busting balls until he got me in for an interview. Also get the names of the people you talk to write down the names, time and date. If they say the chief is not available ask them to relay the message and ask when you can expect a call back. I talked to one of the Sergeants the last fall and he said that the chief is very pro-gun and encourages people to get their permits. Maybe you gave the cop a bad vibe in the interview.
 
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Curious. Have you asked what happened that they went back to the incorrect standard of criteria in which to process the application with? Did you reiterate the godamski case that THEY lost were proper need was found by the courts to not be a component of 11-47-11?
 
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Bringing this thread back from the dead to let everyone know, if you're not already aware, the East Providence Police Department has AGAIN been 'admonished' by the Supreme Court. To recap, those three denials would have been four if I could afford to pay the lawyer fees.

So now I have a question: What do I do? Do I immediately reapply? Do I wait and reapply again in a few months?

heres the article: http://www.providencejournal.com/ne...ovidence-police-chief-for-denying-gun-permits
 
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