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May be time to Lawyer up

Discussion in 'Rhode Island Laws' started by Neverknowsbest, Mar 24, 2012.

  1. Neverknowsbest

    Neverknowsbest

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    I am a resident of Bristol RI and i have applied through the town for my CCW. It has been almost a month and i have not heard anything from the department. I plan on calling on monday to check on my satatus, I was wondering if anyone here could refer me to a good lawyer if i do not recive a posotive outcome. It may not come to that but i would rather be prepared and informed ahead of time if it does.

    Case is official, breif can be found below.
    http://rifol.org/attachments/File/gendreaupetfinal.pdf

    Memorandom of law:
    http://rifol.org/attachments/File/gendreau_brieffinal.pdf

    Objection by cheilf:
    http://rifol.org/attachments/File/O..._Gendreau_v_Bristol_SU13-0055_May_17_2013.pdf

    supreme court order to the cheif:
    http://rifol.org/attachments/File/SupremeCourtOrder_No13-55-MP.pdf
     
    Last edited: Nov 13, 2013
  2. n1bsbri

    n1bsbri NES Member

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    Easy there, Annie Oakley (line from The Simpsons)

    From what I can figure, the average time to issue a town CCW in RI is 60-90 days. Calling for a status is probably not a bad idea, but it's premature to call in the troops, I think.

    Not to drag traffic away from NES, but you may find some more knowledgeable info in the forums at www.rifol.org or www.cralri.org.

    Good luck!
     
  3. andypieces

    andypieces Instructor

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    another thing to consider, you may not want to post "threats" of lawyering up so pre-maturely on a public forum that many officials monitor.
     
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  4. chinalfr

    chinalfr NES Member

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    OP screenname give some tips.

    BTW, My order from McDonald was late and I need to 'lawyer' up. [wink]


    Sent from my iPhone 5.
     
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  5. andypieces

    andypieces Instructor

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  6. Neverknowsbest

    Neverknowsbest

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    paperwork for the town said 45 days (has been 30) but they have not even interviewed me yet somthing i assummed they would do early on in the process.
     
  7. Neverknowsbest

    Neverknowsbest

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    and there is more to it than that, i was talking to a guy i work with and he told me that the cheif is refusing to even sign documentation thats says you live in the town. So info like that has scared me into want to being prepared...


    Side note thanks for the heads up on the RIFOL that was a recource i have not seen yet.
    and as for my Mcdonalds i already got my fries n shake thank you very much [rolleyes]
     
    Last edited: Mar 24, 2012
  8. Carnea

    Carnea

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    [thinking]
     
    Last edited: Jun 25, 2014
  9. Len-2A Training

    Len-2A Training Instructor Instructor NES Life Member NES Member

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    If/when you feel you need a lawyer for this, I recommend Keith Langer from Wrentham, MA. He is admitted to the Bar in both MA and RI and he is a very tenacious firearms attorney.

    Good luck.
     
  10. Jamie

    Jamie

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    Good advice here. Keith is solid.
     
  11. n1bsbri

    n1bsbri NES Member

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    Just curious, did they cash your check?
     
  12. glennv

    glennv

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    Another option is Jeff Pine. He represented Matt Gillette when he went after Providence. I believe David Strackman (spelling?) is another lawyer who has done this in the past.

    Don't even waste time calling the department again. Just sue them. You're in RI not MA. The odds are stacked ridiculously in your favor. If the chief isn't working to process your application then he has no intention of issuing it.
     
  13. glennv

    glennv

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    Also, an interview isn't part of the process set by 11-47-11. Whatever happens in that "interview" may be used to deem you unsuitable in his eyes. Even though you'll find that 1-47 is pretty clear as to what suitable is.
     
  14. Neverknowsbest

    Neverknowsbest

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    No they have not cashed my check, and thanks for the advice! ill call their offices on Monday! (after all this good advice I may need to "go green" [wink] )
     
  15. Neverknowsbest

    Neverknowsbest

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    and as for the interview i know its not within the law, the Chief's secretary just told me to expect a call from them for an interview.
     
  16. n1bsbri

    n1bsbri NES Member

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    +1 on the going green. Money well spent.
     
  17. newportri

    newportri

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    Very few departments process applications in less than 45 days since the FBI fingerprint check can take up to 45 days. I would wait getting a lawyer until it's been 45 days. If you have not heard from him in by then, I would contact him in writing and ask for a decision. If he denies you, specifically asks for the disqualifying reason.
    Most likely he will deny you, but the law is on your side. Unfortunately, there is no case law that a Chief can deny you on a whim (Archer and Gillette was just about having applications), but maybe it's about time case law is made.
    Please keep us posted.
     
  18. Neverknowsbest

    Neverknowsbest

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    I thought the Mosby decision was also applicable to police chiefs, because they are an “issuing agency” but it’s more than likely I misunderstood the brief. Told you I need a lawyer [rolleyes]
    All in all I am really hoping I don’t need a lawyer and jumping through all these hoops will be enough, but only time will tell. If not we will make RI a free state eventually ... once every town has been sued [thinking]
    Update: I ended up calling and I was told “they are in the process of finding a day to interview me”.
    And thanks again for all of your support through this pain in the arse process.
     
  19. newportri

    newportri

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    Mosby lost (he didn't really have a good case since the AG is May Issue) and the decision was that the AG did NOT have to issue a permit or give him an appeal (Supreme Court is the appeal I believe), but there are several opinions given by the courts that are very favorable to gun owners.
    The Chief is still Shall Issue so the law is on your side and your best bet is to get licensed trough your town.
     
  20. Neverknowsbest

    Neverknowsbest

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    Just a heads up I have been in touch with Jeff Pine. Still no word from the police department. We will see what happend on 4/12.
     
  21. Jared

    Jared

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    Sent you a PM.
     
  22. newportri

    newportri

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    Keep us posted since I am interested in this case as I know how difficult the Chief in Bristol is. Although the Chief hasn't had your application as long as most Chiefs take to process the application yet, my guess is that the Chief is in no hurry to process the application. I have heard of applicants in Providence waiting over a year for the application to be processed, and the PPD rarely returns phone calls when asked about the application. I don't think the courts would say that the applicant was given due process in these cases.. One person said the PPD called him and said they could not find the application..
    Although neither RIGL 11-47-11 and 11-47-18 specifies how long the licensing authority have to process an application it's unreasonable that it should take more than 3-4 months. Maybe it's a question for Pine to what he thinks the courts would consider a "reasonable" time to process an application, and there might be existing case law on this issue.
     
  23. n1bsbri

    n1bsbri NES Member

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    I would be interested in that specific answer too :)
     
  24. Neverknowsbest

    Neverknowsbest

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    We shall see. But my paperwork says you will know in 45 days (specifically). No more no less. I agree that is a short period of time, but they said it not me and im going to do everything in my power to hold them to that time frame.

    So i don't wind up in the same boat as the other people stuck in LTC limbo
     
    Last edited: Apr 5, 2012
  25. dannyac

    dannyac

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    easy it has not been that long its only going to get longer and longer and longer good luck
     
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  26. newportri

    newportri

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    If the Chief doesn't respond, you can contact the City Manager, that's who was contacted when a process was developed last year when the Chief didn't respond.
     
  27. RI_Shoota

    RI_Shoota

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    Well good luck to ya! and keep us posted. I'd be interested in what their interview process is like, since i'll have to submit a renewal app. in another month or so. I may just stick with the AG's office. IMO They've been pretty reasonable to deal with.
     
  28. newportri

    newportri

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    A friend of mine had an interview with them, and the interview was pretty straight forward. They came up with some different scenarios and what he would do in them. They even told him the interview went well and that his answers were good. He was still denied since the Chief said he didn't meet the department's policy/requirements. However, when questioned what the policy was and what criteria he did not meet, he got no response... The Chief does not have this discretion under RIGL 11-47-11, so I doubt the Chief would have much chance of winning in court. Due to serious health problems, he has not been able to follow up on it, but I hope his health improves so he can finish the process and get his license. It's important that all communication is done in writing when dealing with the Chief (or any other licensing authority) so it can be documented.

    Is your renewal for an AG or Town permit?
     
  29. RI_Shoota

    RI_Shoota

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    Mine is an AG. No Restrictions


    Sent via Taptalk for iPhone.
     
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  30. Neverknowsbest

    Neverknowsbest

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    Update* on the 46th day I received, in the mail, a letter requesting me to appear to be interviewed before a "board". So the good news is they are processing my application, bad news is because they are recommending this they have no idea how the law for towns works. So looks like I have more hoops to jump through but I’m going to keep trying.
     

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