Denied in Cranston!

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Denied in Cranston!

Postby Blk01max » Wed Mar 18, 2015 12:35 am

Hi guys,

I thought I'd share my recent experience in Cranston and hopefully I can get some advice on next steps.

The Cranston app is basically the AG app, except you don't need to get reference letters. I submitted my app by certified mail, signature required, email confirmation on Feb 26. By Feb 28 one of the Detectives followed up with my references. From what I understand conversations were brief. About a week later the Detective called me with a few questions. He was professional and easy to speak with. On March 15 I received the denial letter in the mail! The letter states the reason for the denial - I failed to show proper need. The letter also stated that I would not be offered the opportunity to appeal.

Any suggestions on next steps here?
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Re: Denied in Cranston!

Postby mossberg500 » Wed Mar 18, 2015 12:58 am

If you don't mind posting, what did you state as your reason for need?
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Re: Denied in Cranston!

Postby Blk01max » Wed Mar 18, 2015 1:14 am

I referenced that I am a collector of curios and relics and need to protect myself and my property while acquiring firearms for my collection.
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Re: Denied in Cranston!

Postby newportri » Wed Mar 18, 2015 1:51 am

Those are proper reasons to be licensed.
As you probably know, it is not a requirement to "demonstrate a need" (this is from the AG's process). It's unfortunate that Cranston doesn't have an appeals process, but they are not required to offer this by law either.. You should request all the information that was used to reach the decision to deny you; you are entitled to this by law.
You have a couple of options at this time:
1. Petition the RI Supreme Court for a cert review. You will need a lawyer so it probably won't be cheap. However, there is no guarantee that the court will take your case.
2. You can file a complaint with the City/Town council and mayor and explain how you feel the Chief processed your application incorrectly and request that they investigate. It might seem like a long shot, but it has worked in the past. PM me if you need help writing a letter.

I also recommend that you send a copy to the AG since they have stated in the past that they don't know what is going on with the local permitting process in RI. I don't believe the AG, but if you send a letter then it will be hard for them to deny it.
....the right to keep and bear arms, shall not be infringed.
Check out our website here:
http://www.rifol.org/
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Re: Denied in Cranston!

Postby mossberg500 » Wed Mar 18, 2015 1:56 am

Well, that completely contrary to a conversation I had with a high ranking government official a couple weeks ago who told me that when interviewing prospects for COP, they would only hire someone who would issue CCW's. I guess I have to call him out on this when I see him again.
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Re: Denied in Cranston!

Postby newportri » Wed Mar 18, 2015 2:41 am

Yes, that is what I heard to. The Chief didn't like that he had to issue, but he understood that was the law and that he would do it. However, this was part of a job interview so it could be that he was just saying what they wanted to hear.. This is even more of a reason to contact the TC and mayor and ask them to investigate since that will probably get the Chief's attention.
This is a pretty common issue; the licensing authorities issue at first, but then they stop issuing and hope no one will notice. This is especially true in towns where there are few applicants and the only get an application now and then. This is why I constantly keep telling people to just apply since there is nothing to lose and it will only get worse if no one apply.
....the right to keep and bear arms, shall not be infringed.
Check out our website here:
http://www.rifol.org/
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Re: Denied in Cranston!

Postby Blk01max » Thu Mar 19, 2015 10:30 pm

Thanks very much for the advice guys. I really appreciate it! Newportri I'll take you up on your offer for help with the letter to the Town Council/Mayor. I'll send you a PM once I have my first draft. Thanks again. I'll keep everyone posted.
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Re: Denied in Cranston!

Postby YKCOR1313 » Sat Mar 21, 2015 6:52 pm

You should contact Attorney Matt Fabish at (401) 324-9344. He has a case against Bristol and he should be able to help you.
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Re: Denied in Cranston!

Postby jeffek » Wed Mar 25, 2015 1:35 pm

do you have a 03 ffl? i know you said you collect them but do you have the c&r ffl? the ri supreme court ruled (2001) mosbey vs. devine i belive ,that a c&r ffl (being a collector) is sufficient to fulfill 11-47 so i would get a lawyer because its a win for sure
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Re: Denied in Cranston!

Postby newportri » Wed Mar 25, 2015 1:57 pm

jeffek wrote:do you have a 03 ffl? i know you said you collect them but do you have the c&r ffl? the ri supreme court ruled (2001) mosbey vs. devine i belive ,that a c&r ffl (being a collector) is sufficient to fulfill 11-47 so i would get a lawyer because its a win for sure

I don't know if I would get a lawyer yet, and even if you go to court there is no guarantee. It's true that the RI Supreme Court has said that denials go to the Supreme Court (cert review) in the Mosby decision since we don't have a statutory appeals process. This is exactly what I did when the Newport denied me. However, to my big surprise the RI Supreme Court denied my petition for cert :? Unfortunately, they have no legal obligation to take a case either... I don't understand their reasoning since they said in Mosby that because we have a non-discretionary licensing authority (along with a discretionary LA) the constitutional guarantee is fulfilled (with respect to Article 1, section 22) and they have also said that appeals should go to the RI Supreme Court. They also took two other similar cases, but they didn't take my case. I wish the RI Supreme Court would have explained to me how my constitutional guarantee to keep and bear arms has been fulfilled and what my legal avenue is now :( I have already petitioned the highest court in RI, so the next would be Federal Court. However, I don't think Federal Court is the best place since we are dealing with an issue with State Law/constitution and the State court should handle it.
I wouldn't get a lawyer until at least there is a decision in one of the other cases (one of them has a hearing next week).
Although the law is on our side, our legal avenue when we are aggrieved is not very good and I think this needs to be addressed legislatively.
....the right to keep and bear arms, shall not be infringed.
Check out our website here:
http://www.rifol.org/
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