Carry licensing decision out of RI Supreme Court

MachineHead

NES Member
Rating - 100%
65   0   0
Joined
Nov 12, 2014
Messages
8,331
Likes
3,559
Location
Central MA
Thanks, Rob. I'll PM you as soon as I get everything ready.

I think it makes sense to flood RI with non-res applications. It's ridiculous to let the "fear of a denial" scare anyone off. To my knowledge, these denials aren't legal disqualifiers in any state worth applying to.

Cases like Gadomski v. Tavares are worth it especially with strong evidence supporting 11-47-11.


Sent from my iPhone using Tapatalk
 
Rating - 100%
3   0   0
Joined
Aug 2, 2008
Messages
5,239
Likes
741
Location
Middletown, RI
Does this new law apply to out of state applicants who will have to apply through the AG's office?

I already have a work restricted pistol permit in RI but would like to have my restrictions lifted.


Sent from my iPhone using Tapatalk

No, it only pertains to 11-47-11

- - - Updated - - -

The AG fee is 40.00. The individual towns set their own fees, EP cost me 100.00

Just curious, even though $40 is clearly stated in law, what rational did they offer for breaking it?
§ 11-47-12 License or permit fee. – A fee of forty dollars ($40.00) shall be charged and shall be paid for each license or permit to the licensing authority issuing it. Every license or permit shall be valid for four (4) years from the date when issued unless sooner revoked. The fee charged for issuing of the license or permit shall be applied for the use and benefit of the city, town, or state of Rhode Island.
 
Rating - 0%
0   0   0
Joined
Sep 21, 2011
Messages
838
Likes
62
Location
Newport, RI
I know many towns have an "application" fee in addition to a permit fee, but I don't know if this is the case in East Providence. Some towns simply charge $100 for the permit and require that you pay when you apply and also state that it is a non-refundable fee. The clearly don't understand/care what the law says.
 
Rating - 100%
5   0   0
Joined
Mar 28, 2009
Messages
547
Likes
109
Location
Cranston, RI
Is there an RI General Law that covers appeals (not within the judicial system) of decisions? I asked my Chief if I could appeal my denial in person but it was stated that there is no appeal process in this case. Is my next step to obtain counsel and file a motion against the town or should I email the city solicitor and chief with the decision from this case in the hopes they change their decision without court involvement?
 

terraformer

NES Member
Rating - 100%
32   0   0
Joined
May 17, 2008
Messages
16,938
Likes
2,695
Is there an RI General Law that covers appeals (not within the judicial system) of decisions? I asked my Chief if I could appeal my denial in person but it was stated that there is no appeal process in this case. Is my next step to obtain counsel and file a motion against the town or should I email the city solicitor and chief with the decision from this case in the hopes they change their decision without court involvement?

The appeal is to file a writ in the supreme court. There is no administrative appeals process that I am aware of down there.
 

ggboy

NES Member
Rating - 100%
4   0   0
Joined
Mar 10, 2013
Messages
649
Likes
69
Location
Central PRM
Would owning a boat in Ri ( a sleeper) help in any way to get a nonresident LIC?
Can you claim you boat as a "second residence""?
Especially if it is a bigger size boat?
ggboy
 
Rating - 100%
26   0   0
Joined
Jan 5, 2008
Messages
8,282
Likes
5,854
Location
My forest stronghold
Would owning a boat in Ri ( a sleeper) help in any way to get a nonresident LIC?
Can you claim you boat as a "second residence""?
Especially if it is a bigger size boat?
ggboy

See the previous post. There is NO non-resident license in RI and no residency requirement for a RI carry license:
Rhode Island law doesn't distinguish between resident and non-resident for either the PD or the AG issued license.
 

MachineHead

NES Member
Rating - 100%
65   0   0
Joined
Nov 12, 2014
Messages
8,331
Likes
3,559
Location
Central MA
Would being over the age of 21, having a bona fide residence in any of the United States, having proper reason, having an LTC from my home state, and being a suitable person help me in getting as a RI non-res?
 
Last edited:

M1911

Moderator
NES Member
Rating - 100%
27   0   0
Joined
Apr 1, 2005
Messages
39,906
Likes
8,474
Location
Near Framingham
Would being over the age of 21, having a bona fide residence in any of the United States, having proper reason, having an LTC from my home state, and being a suitable person help me in getting as a RI non-res?

If you are applying through the AG, it depends upon whether your "proper reason" is sufficient for the AG. Some people have managed that, but many haven't.
 
Rating - 0%
0   0   0
Joined
Oct 23, 2014
Messages
8
Likes
0
MA. Resident here. Applied through AG. Was denied. Appealed and was granted with restrictions, work only. Currently Looking for a reasonable town to apply in so I can carry all the time. Any towns more pro gun than others?
 
Rating - 100%
1   0   0
Joined
Dec 29, 2012
Messages
4,400
Likes
570
Location
New Hampshire
MA. Resident here. Applied through AG. Was denied. Appealed and was granted with restrictions, work only. Currently Looking for a reasonable town to apply in so I can carry all the time. Any towns more pro gun than others?

Keep in mind you have to pick up the license yourself from the police department, it isn't mailed. So if you live in Fall River or New Bedford or Bristol County Mass, you'd probably want to go see Tiverton. If you lived in say Worcester County Mass, you'd want to go to Burrillville or North Smithfield.

In your shoes though, I'd consult a RI lawyer before applying since RI applications ask if you've ever been denied and you have been.
 

blindndead

NES Member
Rating - 100%
1   0   0
Joined
Oct 2, 2006
Messages
3,609
Likes
589
Location
Acushnet MA
I pay attention to RI because I live 5 blocks from the Tiverton line and my gym is there. Can't forget to take you firearm off your hip 5 blocks from home don't need to be a criminal you know. [rolleyes]
 

VetteGirlMA

NES Member
Rating - 100%
1   0   0
Joined
Feb 3, 2015
Messages
6,769
Likes
14,987
Location
western mass
MA. Resident here. Applied through AG. Was denied. Appealed and was granted with restrictions, work only. Currently Looking for a reasonable town to apply in so I can carry all the time. Any towns more pro gun than others?

I have thought about getting a RI non-residence license since I actually own a second home there and spend a lot of time there in the summer, but I am worried about getting a watered down, essentially worthless license or worse yet getting a denial and spending the rest of my life having to explain that even though I have a squeaky clean record. I guess I should look forward to the day when I sell it all and get the hell out of New England for good.
 

Ink

Rating - 92.9%
13   1   0
Joined
Apr 28, 2010
Messages
2,005
Likes
335
Location
Places, for reasons.
As a MA resident, I have my RI license with no restrictions. It wasn't easy, and it wasn't cheap.

I applied, and was denied. I didn't want that to jeopardize my other licenses and FFL so I fought it. If you are applying for "business reasons" they will want things like tax certificates, insurance policies, license to do business, etc. things like that. But call them if you have questions.... the RI AG's office tends to be pretty friendly.
 
Last edited:
Rating - 100%
3   0   0
Joined
Aug 2, 2008
Messages
5,239
Likes
741
Location
Middletown, RI
I have thought about getting a RI non-residence license since I actually own a second home there and spend a lot of time there in the summer, but I am worried about getting a watered down, essentially worthless license or worse yet getting a denial and spending the rest of my life having to explain that even though I have a squeaky clean record. I guess I should look forward to the day when I sell it all and get the hell out of New England for good.

If you apply through the town, 11-47-11 states you SHALL be granted a permit. Unless you are a PP, there is no proper reason to not receive one. The skinny here is that I am not aware of anyone applying under 11-47-11 and is a non resident that has been denied, which would then sue. The good part about suing is since you are a non resident, you won't be footing the town solicitors bill.

Oh, forgot to provide the cliff notes' version of the statutory requirements:
-a person twenty-one (21) years of age or over (which you are I assume)
-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,

The applicant must:
-have 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 (The Mosby decision stated that being a collector was proper reason and the Gadomski decision upheld that).
-he or she is a suitable person to be so licensed (The wording is vague and nowhere in RIGL is suitable defined, however the Mosby case touches on it
 

VetteGirlMA

NES Member
Rating - 100%
1   0   0
Joined
Feb 3, 2015
Messages
6,769
Likes
14,987
Location
western mass
If you apply through the town, 11-47-11 states you SHALL be granted a permit. Unless you are a PP, there is no proper reason to not receive one. The skinny here is that I am not aware of anyone applying under 11-47-11 and is a non resident that has been denied, which would then sue. The good part about suing is since you are a non resident, you won't be footing the town solicitors bill.

Oh, forgot to provide the cliff notes' version of the statutory requirements:

This is in Westerly.
 

Len-2A Training

Instructor
Instructor
NES Life Member
NES Member
Rating - 98.6%
71   1   0
Joined
Feb 26, 2005
Messages
54,913
Likes
15,750
Location
NH
I have thought about getting a RI non-residence license since I actually own a second home there and spend a lot of time there in the summer, but I am worried about getting a watered down, essentially worthless license or worse yet getting a denial and spending the rest of my life having to explain that even though I have a squeaky clean record. I guess I should look forward to the day when I sell it all and get the hell out of New England for good.

Since you own property there and stay there for periods of time, under Fed Law you qualify for dual residency, meaning that you can legally obtain resident licenses from both MA and RI. Don't know if RI defines "resident" as having to spend x amount of time in-state, so do a little digging in their laws for their definition of "resident" before proceeding. If it's a "go", then schedule a meeting with the police chief to discuss getting a license there, you have nothing to lose. Have the application and all applicable docs with you and only if he's amenable to you applying would I then hand them to him (ALWAYS keep a copy of everything you submit for your records) and go from there.

Misquamicut? If so, a very nice area. My Wife taught in the Westerly Public Schools in early 1970s and a co-worker lived in Misquamicut.
 
Top Bottom