RI Court say 30 days enough time to process CCW application

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Re: RI Court say 30 days enough time to process CCW applicat

Postby RLS » Wed Dec 18, 2013 5:23 pm

Answers:

#1. My understanding is the "town shall issue" vindicates Article 22 of the RI Constitution. I guess you could infer this makes the may issue authority constitutional. The problem is the term "bear" in our constitution has been deemed to be of military connotation, not what we would like or think it means. Other states have may issue (very restrictive, NJ, NY, MD, etc) and it has not been ruled contrary to the US Constitution. Fortunately we have a 2nd amendment clause in out state Constitution which gives us some power, some states don't. If the "shall issue" was taken away, would Article 22 still be vindicated? I doubt our present system of "discretionary issue" would survive scrutiny, but we would no longer enjoy the entitlement. This is why I say beware the Constitutional Convention, if Article 22 is changed or stricken, look out!

#2. You know more than me, I have never seen where the AG has issued a permit for self defense, but I have known them to issue to people that have taken out RONCO's and others who have police reports of attacks, etc. I suppose you could infer this is for self defense in a twisted thought process, this is not how the courts have viewed the topic of self defense when applicable to carry permits. The above examples are but a piece of the criteria, true self defense, shall issue, permits only have you state "self defense" or "protection of life and property" as the reason. In fact there are some applications which state this is the only reason you can list.
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Re: RI Court say 30 days enough time to process CCW applicat

Postby n1bsbri » Wed Dec 18, 2013 5:27 pm

tk421991 wrote:Couple points:

1. I was talking to someone a couple days ago and they pointed out that Moseby v. Devine stated that the only reason why the AG permitting system is constitutional is because we have the "shall issue" town permits. Can I get a yes or no? I'm going to give that a second read.

2. The AG already recognizes self defense as a "need", but they couch it in the term "defense of self and property", which to them means that something has to happen before you can claim self defense and get a permit. Even if case law is established that self defense is a reasonable "need", I think the AG is going to find a way around that, like they do now.

#1, your reading of the opinion is correct (IMHO), but Joee Lindbeck from the AG's office claimed exactly the opposite (ie: the may-issue scheme was constitutional) in the House hearings. I'm not sure how she came to that conclusion from reading relatively simple English words, but no one questioned her on it.

#2, No matter what a court decides, the AG permit is may-issue, meaning the AG has discretion and can deny for any reason. I don't believe that can be challenged successfully in court.

If you want a real laugher, read today's ProJo editorial http://www.providencejournal.com/opinion/editorials/20131218-wisdom-in-exeter.ece

It is hard for us to imagine that citizens’ rights would be trampled by Mr. Kilmartin, should the General Assembly give his office the task of approving such permits. If he does, citizens would have redress through elections, though continued lobbying of elected officials and by mounting legal challenges.


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Re: RI Court say 30 days enough time to process CCW applicat

Postby SirSqueeboo » Wed Dec 18, 2013 7:35 pm

We'll I'm going to make it a point to get my Texas chl so I can say I was approved in my home state; once that happens I plan on re-applying somewhere in ri.

Can a Texas NRA instructor certify my marksmanship target?

Can I appoint someone to represent me in my stead in case of interview?
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Re: RI Court say 30 days enough time to process CCW applicat

Postby RImike » Wed Dec 18, 2013 7:43 pm

I don't see why not, when I qualified I did it at MFS. All it asks is for instructor number, mine even photo copied his license.
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Re: RI Court say 30 days enough time to process CCW applicat

Postby n1bsbri » Wed Dec 18, 2013 7:46 pm

RImike wrote:I don't see why not, when I qualified I did it at MFS. All it asks is for instructor number, mine even photo copied his license.

Yes, any NRA instructor can supervise the qualification. Does not have to be in RI. Mine was from CT.
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Re: RI Court say 30 days enough time to process CCW applicat

Postby tk421991 » Thu Dec 19, 2013 12:45 am

RImike wrote:I don't see why not, when I qualified I did it at MFS. All it asks is for instructor number, mine even photo copied his license.


*** Make sure you get a copy of the license of the NRA instructor unless you've seen the application and it doesn't ask for a copy. Every application I've seen asks for the instructor's license. ***
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Re: RI Court say 30 days enough time to process CCW applicat

Postby newportri » Thu Dec 19, 2013 7:56 pm

SirSqueeboo wrote:We'll I'm going to make it a point to get my Texas chl so I can say I was approved in my home state; once that happens I plan on re-applying somewhere in ri.

Can a Texas NRA instructor certify my marksmanship target?

Can I appoint someone to represent me in my stead in case of interview?

Maybe you should apply in Exeter because I read in Projo that they can't do background checks so the turnaround should be quick...

Interesting point on having someone representing you. I am sure you could have a lawyer represent you, but I don't know the legality of having someone else represent you.
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Re: RI Court say 30 days enough time to process CCW applicat

Postby RLS » Thu Dec 19, 2013 10:09 pm

Where does it say in statute you have to be interviewed or pick up the permit in person?
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