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Donate to Norm Gadomski who sued his Chief of Police over a pistol permit denial.

Discussion in 'Rhode Island Laws' started by newportri, Sep 7, 2016.

  1. newportri

    newportri

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    Norm Gadomski spent $25,000 of his own money to sue the Chief of Police in East Providence, RI, after he was wrongfully denied a pistol permit. The Rhode Island Supreme Court reviewed the case and confirmed his application was not processed according to the law and he later received his permit. This is the best case law we have gotten out of the RI Courts (with respect to gun rights) in years! Unfortunately, the Court did not award him attorney's fees even though the court was very critical of the Chief.

    Please consider helping Norm out with his legal bill and make a donation. No amount is too small (or too large)!
    Donate here https://www.gofundme.com/2kfwzrrg
    Read the Supreme Court opinion here http://www.rifol.org/References/14-72.pdf

    In the news http://www.providencejournal.com/article/20150423/NEWS/150429594
    http://www.providencejournal.com/article/20150402/NEWS/150409800


    If you don't want to use Go Fund Me, but would rather send him a check, please PM me.

    Thank you.
     
    2 people like this.
  2. SpiderMA

    SpiderMA

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    Donated. I filled out all my paperwork, and read this closely. I intend to submit for my RI NON-Res next week (been getting my ducks in a row for the past year) and these cases only help our cause. Happy to help in any small way possible. This is the type of thing we should all band together for. If everyone donated $50 he would easily be made whole, and future applicants might have a much easier time in RI (as well as other states). Some people do not take it this far as they do not want their name in the paper, others do not have the means to fight it. We should at least help those that do.

    I am squeaky clean, live in MA near the RI line, own property in RI, and a business in RI. If i am denied I will be taking it as far as needed as well. I hope cases like this will have paved the way for people like me.
     
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  3. newportri

    newportri

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    Thank you for donating to him and I hope many will follow your example.
    Where in RI do you intend to apply?
     
  4. exodious

    exodious

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    Just sent the dude some bucks.
     
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  5. SpiderMA

    SpiderMA

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    East Prov, That is where I own property and business.
     
  6. newportri

    newportri

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    Although you would think the Chief in EP would have learned his lesson after the first lawsuit, the lesson was soon forgotten and the new Chief denied applicants for the same reason again... There are now 4 other pending lawsuits against EP. The Chief has issued permits recently though and I don't think he wants any more lawsuits filed against him so this might be a good time to apply. The RI Supreme Court just got back in session so hopefully they will accept and hear these cases soon.
    If you don't have an application from EP yet, you should request one asap. Document every step of the process, especially if they try to stonewall you.
    Good luck, and please keep us posted.
     
  7. Neverknowsbest

    Neverknowsbest

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    I should have thought of this for my legal bills after suing Bristol.

    Sent from my XT1254 using Tapatalk
     
  8. Palladin

    Palladin NES Member

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  9. Knob Creek

    Knob Creek NES Member

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    I've know Norm for over 25 years. Nice hardworking guy and stands up for what's right.
     
  10. iceberg8389

    iceberg8389

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    Send me private message, i can help!!
     
  11. Dean Crawford

    Dean Crawford

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    Sent $$$

    Can't he sue for attorney costs?

    Dean
     
  12. Canndo

    Canndo NES Member

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    Donated 50 bucks
     
  13. Knuckle Dragger

    Knuckle Dragger NES Member

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    I own rental property in Providence and had no problem getting and renewing an AG permit. That's the logical route to go in your situation.

    No, he can't. Fee recovery is generally applicable in federal civil rights claims filed under 1983. This was a state court case. That's a hard case to make in Rhode Island because 1) we're talking about carry, not a Heller-like possession in the home issue, and 2) challenging a RI chief is a matter of state law, not constitutional rights. By law, the chiefs are supposed to be issuing licenses.

    There's this thing call the doctrine of constitutional avoidance. In a nutshell, courts are not going to go to the constitutional issue if the state isn't even following the law to begin with.

    I'm also aware that the EP Chief has continued to deny license for other people and that they're filing appeals. In my opinion, the RI Supreme Court is making the naive assumption that because they've ruled on this issue a couple of times that police chiefs will start falling in line. I don't think they fully understand the reality that RI residents are dealing with.
     
  14. miniion

    miniion

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    Donated, and hope he reaches his target fast.
     
  15. newportri

    newportri

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    His attorney did request that that East Providence paid for the attorney's fees, but the court declined it. It is very difficult to get the Court to award attorney's fees in cases like this, but it was worth a shot.
    You would think East Providence learned their lesson the first time, but now they are back to denying applicants for the same reason again... There are 4 more pending cases in the RI Supreme Court, and I hope they take them. I can't imagine the Supreme Court is happy the Chief is ignoring their past ruling so I think there is a good chance they will take it. I also think there is a better chance that legal fees will be awarded the next time since it is obvious that the Chief is blatantly ignoring the law and case law. However, we will have to wait and see what they do.
     
  16. Rob Boudrie

    Rob Boudrie NES Member

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    Or they do and figure a de-facto $25,000 pistol permit fee will keep the numbers down.
    They learned their lesson just fine. Continue to deny permits and only those applicants with a couple of tens of thousands to spare on legal fees will get one.
    Legal fees are issued under specific precedent and doctrines, not just because it makes sense to do so. Fees will only be awarded if the court finds a legal basis for doing so.
     
    Last edited: Sep 13, 2016
    1 person likes this.
  17. Maui5150

    Maui5150 Banned

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    I am tight on funds at the moment, but definitely in the near future. Just donated to a friend lost a kidney to stage IV cancer. All in due time
     
  18. Canndo

    Canndo NES Member

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    Got a nice thank you from Norm the other day. [grin]
     
  19. CC driver

    CC driver NES Member

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    Well said, Rob! Although this case was "won" by the good guy, unfortunately there was no penalty imposed on the town/chief to provide a disincentive for the behavior the court ruled against.
     
  20. SpiderMA

    SpiderMA

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    The town had to pay to defend the case for sure. I would bet they were charged more. The town council could choose to not pay for attorney's fees. That would put a stop to it as when it went to court the chief would be sitting there by himself. I know pipe dream.

    Maybe an easier more practical route, I know in MA if the town attorney provides a member a legal opinion and a member of the board refused it an does something deemed illegal, it opens that board member to being sued civilly.
     
    Last edited: Sep 18, 2016
  21. Dnotarianni

    Dnotarianni

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    Norm is a great guy and a great sportsman. Have shot with him for years going back to when he couldn't hit a thing he aimed at. I contributed to his cause and got an email thanking me and also a personal thanks when I ran into him at a match. Dig into the spare change and send him anything because everything helps.
     
  22. milktree

    milktree NES Member

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    Sent him some clams.

    It's too bad that you have to have $25k sitting around when shit like this happens.
     
  23. DONALDG-HOG

    DONALDG-HOG NES Member

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    Donated 20- good cause.
     
  24. Chrispy

    Chrispy

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    I live in EP, and honestly my lease is up in march and I'm going to move to a more friendly city. Seems like too much of a hassle trying to get a permit here, when other towns are issuing without a problem.
     
  25. newportri

    newportri

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    There are 4 pending lawsuits against EP now so I think this would be a good time to apply since I don't think they want more.
     
  26. capt kev

    capt kev

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    Donation done, thanks for helping to pave the way for the rest of us!
     
  27. newportri

    newportri

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    The RI Supreme Court accepted 4 more cases today so this is good news for those who have been wrongfully denied. I'll keep you posted.
    PS, if you haven't donated to Norm yet, please consider to make a donation.
     
  28. TZCHRIS

    TZCHRIS NES Member

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    Not to change the subject.....but I was just told by my boss that in RI you can apply to any chief. Not just the one where you live?
    Is this true?
     
  29. n1bsbri

    n1bsbri NES Member

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    Yes, if it's not the town where you live, you must already have a permit from another state.

     
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