RI concealed carry denial help

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Hello Everyone,
I would like a little help or advice with my current situation. I applied for a concealed carry permit thru my local police dept. of Portsmouth RI. I received a denial letter in the mail stating that my reasoning for the permit was not acceptable under 11-47-11 of the general laws of Rhode Island, amended. I was under the impression that the chiefs permit was shall issue? The reason that I put in the letter was that i am in the Providence area a lot especially at night so i fear for my own safety and the safety of my family while walking to and from my vehicle and wanted a legal means to defend myself and my family. The LT who called me on Wednesday May 1 to inform me of my denial stated that if i did not feel safe in those areas at night then to just avoid them and stay home. Of course he didn't state that in the denial letter. I want to appeal this ridiculous decision and was looking for some advise on the best way to do so. I was hoping someone went thru this and could share there experience. I really do not want to get an attorney but need be i will pursue this matter that way.

thank you and hope to hear from you soon
 
Hello Everyone,
I would like a little help or advice with my current situation. I applied for a concealed carry permit thru my local police dept. of Portsmouth RI. I received a denial letter in the mail stating that my reasoning for the permit was not acceptable under 11-47-11 of the general laws of Rhode Island, amended. I was under the impression that the chiefs permit was shall issue? The reason that I put in the letter was that i am in the Providence area a lot especially at night so i fear for my own safety and the safety of my family while walking to and from my vehicle and wanted a legal means to defend myself and my family. The LT who called me on Wednesday May 1 to inform me of my denial stated that if i did not feel safe in those areas at night then to just avoid them and stay home. Of course he didn't state that in the denial letter. I want to appeal this ridiculous decision and was looking for some advise on the best way to do so. I was hoping someone went thru this and could share there experience. I really do not want to get an attorney but need be i will pursue this matter that way.

thank you and hope to hear from you soon

I don't know if I can offer any help but this makes me [puke]
 
You need a lawyer. But frankly, I would wait. If they remove the the 11-47-11 and make it an AG only permit you will have wasted a lot of time and money fighting them. And frankly, they know that. They don't expect you to have the time or resources to fight them. And they don't care if you do. If you win, its no skin off their backs. If 11-47-11 stays intact, get a lawyer and fight them.
 
Hello Everyone,
I would like a little help or advice with my current situation. I applied for a concealed carry permit thru my local police dept. of Portsmouth RI. I received a denial letter in the mail stating that my reasoning for the permit was not acceptable under 11-47-11 of the general laws of Rhode Island, amended. I was under the impression that the chiefs permit was shall issue? The reason that I put in the letter was that i am in the Providence area a lot especially at night so i fear for my own safety and the safety of my family while walking to and from my vehicle and wanted a legal means to defend myself and my family. The LT who called me on Wednesday May 1 to inform me of my denial stated that if i did not feel safe in those areas at night then to just avoid them and stay home. Of course he didn't state that in the denial letter. I want to appeal this ridiculous decision and was looking for some advise on the best way to do so. I was hoping someone went thru this and could share there experience. I really do not want to get an attorney but need be i will pursue this matter that way.

thank you and hope to hear from you soon

Just like they do?
 
Your reason was why. Part of their denial process, Not approval process is this.

From ri.gov.

While there cannot be any set formula or criteria to limit or restrict the Attorney General’s discretion to issue or deny a pistol permit, the Attorney General considers the following factors in assessing an applicant’s proper showing of need.
1. Has the applicant demonstrated a specific articulable risk to life, limb or property? If so, has the applicant demonstrated how a pistol permit will decrease the risk?
2. Can the applicant readily alter his or her conduct, or undertake reasonable measures other than carrying a loaded firearm, to decrease the danger to life, limb or property?
3. Are there means of protection available to the applicant other than the possession of a loaded firearm that will alleviate the risk to his or her person or property?


This is their Bullshit cowardice reason for denials. You need a lawyer.
 
I emailed attorney Steven J Strachman from McIntyre Tate in Providence. He was the attorney in the Archer vs MacGarry supreme court case in 2002. He emailed me back requesting he would be interested. I guess I will call and have a consultation with him. I will wait to hear back from DavidK first
 
Well I had my appeal with the chief this morning and he still denied me the permit stating that to fear for my safety and the safety of my family wasn't a sufficient reason. When I asked him what a sufficient reason was and who determines that reason one he stated "not yours" and I do. He pretty much just flat out told me I wasn't getting it so I guess the next step is with an attorney. I took a lot of notes during our interview hopefully it helps. Just really disgusted with the whole process
 
Your reason was why. Part of their denial process, Not approval process is this.

From ri.gov.

While there cannot be any set formula or criteria to limit or restrict the Attorney General’s discretion to issue or deny a pistol permit, the Attorney General considers the following factors in assessing an applicant’s proper showing of need.
1. Has the applicant demonstrated a specific articulable risk to life, limb or property? If so, has the applicant demonstrated how a pistol permit will decrease the risk?
2. Can the applicant readily alter his or her conduct, or undertake reasonable measures other than carrying a loaded firearm, to decrease the danger to life, limb or property?
3. Are there means of protection available to the applicant other than the possession of a loaded firearm that will alleviate the risk to his or her person or property?


This is their Bullshit cowardice reason for denials. You need a lawyer.


That is from the AG process which is "May Issue" The towns are "Shall Issue” and make their own applications (though many copy the AG application). Shall Issue is a different standard entirely. Whether the local Chief follows the standard is an entirely different story....
 
Hello Everyone,
I GOT MY PERMIT!!!!! last night following my appeal being denied by the chief I sent out letters to the chief, deputy chief, town administrator, all town council members, State Rep Canario, and to State Sen Ottiano. I stated in the letters that I believed my 2nd amendment rights were being violated and that I was going to pursue this further legally. I also sent them RI General Law 11-47-11 stating that the town was "shall issue" . I received a phone call about 2:00 pm today from the Deputy Chief stating that the town administrator overturned the chiefs decision to deny me the permit, he believed that the reason of "self defense and to legally protect myself and my family from harm was sufficient reason to be issued the permit. I will receive my permit within 10 days. I want to thank everyone who helped me along the way and hope to meet you all in person soon. If anyone wants copies of the letters I wrote please PM me with your email address.
 
Hello Everyone,
I GOT MY PERMIT!!!!! last night following my appeal being denied by the chief I sent out letters to the chief, deputy chief, town administrator, all town council members, State Rep Canario, and to State Sen Ottiano. I stated in the letters that I believed my 2nd amendment rights were being violated and that I was going to pursue this further legally. I also sent them RI General Law 11-47-11 stating that the town was "shall issue" . I received a phone call about 2:00 pm today from the Deputy Chief stating that the town administrator overturned the chiefs decision to deny me the permit, he believed that the reason of "self defense and to legally protect myself and my family from harm was sufficient reason to be issued the permit. I will receive my permit within 10 days. I want to thank everyone who helped me along the way and hope to meet you all in person soon. If anyone wants copies of the letters I wrote please PM me with your email address.

GREAT now go buy buy buy
 
The town mgr may not be pro-gun, it may be that he knows that the town will loose the lawsuit as other town have and decided the save the effort and money.
 
Hello Everyone,
I GOT MY PERMIT!!!!! last night following my appeal being denied by the chief I sent out letters to the chief, deputy chief, town administrator, all town council members, State Rep Canario, and to State Sen Ottiano. I stated in the letters that I believed my 2nd amendment rights were being violated and that I was going to pursue this further legally. I also sent them RI General Law 11-47-11 stating that the town was "shall issue" . I received a phone call about 2:00 pm today from the Deputy Chief stating that the town administrator overturned the chiefs decision to deny me the permit, he believed that the reason of "self defense and to legally protect myself and my family from harm was sufficient reason to be issued the permit. I will receive my permit within 10 days. I want to thank everyone who helped me along the way and hope to meet you all in person soon. If anyone wants copies of the letters I wrote please PM me with your email address.

That's awesome.


GREAT now go buy buy buy

We don't need a license to buy. This isn't in Mass it's in R.I. It's just so he can carry concealed in R.I.
 
Hello Everyone,
I GOT MY PERMIT!!!!! last night following my appeal being denied by the chief I sent out letters to the chief, deputy chief, town administrator, all town council members, State Rep Canario, and to State Sen Ottiano. I stated in the letters that I believed my 2nd amendment rights were being violated and that I was going to pursue this further legally. I also sent them RI General Law 11-47-11 stating that the town was "shall issue" . I received a phone call about 2:00 pm today from the Deputy Chief stating that the town administrator overturned the chiefs decision to deny me the permit, he believed that the reason of "self defense and to legally protect myself and my family from harm was sufficient reason to be issued the permit. I will receive my permit within 10 days. I want to thank everyone who helped me along the way and hope to meet you all in person soon. If anyone wants copies of the letters I wrote please PM me with your email address.

Congrats!

A lesson for others. If you are afraid to rock the boat, you will likely sink with the boat. If you have the guts to face them off, you will oftentimes win the battle and the war!


The town mgr may not be pro-gun, it may be that he knows that the town will loose the lawsuit as other town have and decided the save the effort and money.

Yup, this is likely the case. I know of one MA town where this happened as well, the chief got marching orders after the legal budget got blown up with court cases (applicants didn't win the court cases, but the town legal fees got the appropriate attention).
 
Hello Everyone,
I GOT MY PERMIT!!!!! last night following my appeal being denied by the chief I sent out letters to the chief, deputy chief, town administrator, all town council members, State Rep Canario, and to State Sen Ottiano. I stated in the letters that I believed my 2nd amendment rights were being violated and that I was going to pursue this further legally. I also sent them RI General Law 11-47-11 stating that the town was "shall issue" . I received a phone call about 2:00 pm today from the Deputy Chief stating that the town administrator overturned the chiefs decision to deny me the permit, he believed that the reason of "self defense and to legally protect myself and my family from harm was sufficient reason to be issued the permit. I will receive my permit within 10 days. I want to thank everyone who helped me along the way and hope to meet you all in person soon. If anyone wants copies of the letters I wrote please PM me with your email address.
Great!! Could you please send me a copy of your letter to these entities at: [email protected]
 
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