RI Supreme Court UPHOLDS Rights of Citizens!
Authored by Daria Chase
January 17, 2018
RI Supreme Court UPHOLDS Rights of Citizens!
Below is 1/16/2018 RI Supreme Court decision upholding the right of citizens to a proper review of their concealed carry license applications. The ruling criticizes E. Providence for continuing to use the wrong statutory legal standard in reviewing applications. It’s the third formal decision in three years handed down by the court quashing EP’s application denials and follows Gadomski and De La Cruz. While it’s another small victory, the ruling is obviously limited by the specific facts of the case. But it should help inform those several RI municipalities who persist in substituting “may issue” on a showing of “need” for “shall issue” on a showing of “proper reason” in both their regulations and decisions. Unfortunately, although we have had repeated success overturning poor decisions, we have yet been unable to convince the court to directly remedy the statutory violation by ordering the issuance of the license.
-David J. Strachman
Mcintyre ◊ Tate LLP
321 South Main Street, Suite 400
Providence, Rhode Island 02903
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