Applied to Smithfield PD for Non-Resident CCW Permit

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Applied to Smithfield PD for Non-Resident CCW Permit

Postby stillwater » Mon Aug 24, 2015 1:46 pm

Hello,

I submitted my concealed carry permit application to Smithfield PD about three months ago (May 26th to be exact) and I haven't heard anything back. I applied as a non-resident with concealed carry permits from MA, NH, and ME. I have to applaud Smithfield PD for even giving me the application, I tried another police department who refused to give me one because I was a non-resident. I'm going to wait until a solid 100 days have passed before sending a certified letter to the police chief requesting the status of my application and asking what I can do to expedite the process. I saw a post on here by justharry detailing his 9 month permitting process with Smithfield PD and figured I would chime in about my experience.

I guess I'll follow up when / if I receive a response to the letter (unless I'm issued my permit before then, here's to hoping).
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Re: Applied to Smithfield PD for Non-Resident CCW Permit

Postby RImike » Mon Aug 24, 2015 2:05 pm

The RI courts have affirmed 90 days is sufficient time to issue a permit.
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Re: Applied to Smithfield PD for Non-Resident CCW Permit

Postby stillwater » Mon Aug 24, 2015 2:53 pm

RImike wrote:The RI courts have affirmed 90 days is sufficient time to issue a permit.


Thanks for the reply that's good news. I wonder if I should reference that decision in my letter to push the process forward. This wasn't part of the Gadomski case was it?
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Re: Applied to Smithfield PD for Non-Resident CCW Permit

Postby newportri » Mon Aug 24, 2015 4:25 pm

Yes, you should definitely mention Gadomski in your letter.
https://www.courts.ri.gov/Courts/SupremeCourt/Opinions/14-72.pdf

What other PD didn't want to give you an application because you were a non-resident?
....the right to keep and bear arms, shall not be infringed.
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Re: Applied to Smithfield PD for Non-Resident CCW Permit

Postby stillwater » Mon Aug 24, 2015 4:42 pm

newportri wrote:Yes, you should definitely mention Gadomski in your letter.
https://www.courts.ri.gov/Courts/SupremeCourt/Opinions/14-72.pdf

What other PD didn't want to give you an application because you were a non-resident?


Thanks a lot it's much appreciated. The city that rebuffed my request for an application was Woonsocket. I was told they had "no way of keeping track of me" as an out-of-stater. I'm glad people have finally taken these chiefs to court and have won, it's so ridiculous that we have to follow the law but they don't.
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Re: Applied to Smithfield PD for Non-Resident CCW Permit

Postby newportri » Mon Aug 24, 2015 6:03 pm

I would like them to explain why they felt there is a need track law abiding citizens just wishing to exercise their rights and where in RI law it gives them the authority to excluded non-residents from applying.
....the right to keep and bear arms, shall not be infringed.
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http://www.rifol.org/
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Re: Applied to Smithfield PD for Non-Resident CCW Permit

Postby Uncle Duke » Tue Aug 25, 2015 1:40 am

The RI Superior Court ruled in the case of Matthew Gillette v. Dean Esserman (Police Chief of Providence Police Dept.) that local authorities have 30 days to process an application for a concealed handgun permit.

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Re: Applied to Smithfield PD for Non-Resident CCW Permit

Postby newportri » Tue Aug 25, 2015 2:42 am

A Rhode Island Supreme Court opinion super cedes a Rhode Island Superior Court bench order.
....the right to keep and bear arms, shall not be infringed.
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Re: Applied to Smithfield PD for Non-Resident CCW Permit

Postby stillwater » Tue Sep 22, 2015 12:01 pm

Good Morning All,

So I was browsing the forum and noticed another individual who had applied to Smithfield PD for their concealed carry permit and it reminded me to update my process. I sent a letter to Smithfield PD with certified delivery and signed return receipt on Friday, August 28 and it was received on Monday, August 31 as per the signed receipt. I received a phone call the day they received the letter from a police officer at the station. He told me that they hadn't forgotten about my application but that there were a few applications being processed ahead of mine and it was taking a lot of time to get through them. He also specifically mentioned the hospitals getting back to them about mental health issues, to which I said I understand sir.

There was no real resolution and I just got the feeling that I have to wait. They were very courteous on the phone I should add. To anybody who is interested / can provide some advice on what I can write in my next follow-up letter (I hope I don't have to send one), here's what I sent:

"August 28, 2015

Smithfield Police Department
215 Pleasant View Avenue
Smithfield, RI 02917

RE: RI Concealed Carry License Application Follow-Up
In accordance with Rhode Island General Laws, Ch. 11-47, §11-47-11

To Whom It May Concern,

My name is *********** and I am a resident of the Commonwealth of Massachusetts. I submitted an application for a concealed carry license to the Smithfield Police Department on May 26, 2015 and am looking to inquire about the processing time of this application. I applied as a non-resident of Rhode Island and as a carrier of a License to Carry (LTC) firearms concealed in Massachusetts and also a non-resident concealed carry license holder from New Hampshire and Maine. I have not received any reply regarding my application since the time of submittal.

I understand the need for thorough investigation of individuals who seek a license to carry firearms on their person and the impediments to completing this important work that must inevitably occur. I am available for an in-person interview most weekdays between the hours of 3:00 pm and 4:00 pm if this will help expedite the licensing process. Thank you very much for your time."
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Re: Applied to Smithfield PD for Non-Resident CCW Permit

Postby Richardjd9 » Wed Nov 18, 2015 12:48 am

I live in smithfield, own 2 businesses, AND I'm an NRA instructor. I waited 15 months. Good luck.
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