RI's Attorney General says no changes needed for issuing concealed-carry gun permits
PROVIDENCE — Rhode Island's hybrid system of municipalities and the attorney general both issuing concealed carry gun permits doesn't need to change, according to guidance issued by the Attorney General's Office on Tuesday.
The advisory, to the public and a separate guidance issued to police departments in the state, comes after the U.S. Supreme Court struck down a New York law that mandated the need for "proper cause" to carry a handgun.
The Supreme Court, in its June 23 decision, found that Rhode Island was a "shall issue" state, that is, local police departments "shall" issue a permit to carry so long as other requirements, like background checks and proficiency standards, are met.
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Attorney General Peter Neronha wrote in a separate guidance to police departments that officials are still required to find if a person applying for a permit is "suitable," which includes if someone is prohibited from possessing a gun, and that they may not require a "proper showing of need."
"You may inquire as to the reason for which a person might seek a license, but you may only use that information to assess whether an applicant meets the suitability requirement," Neronha wrote.
Much of the guidance for local police departments is set out in the 2015 Rhode Island Supreme Court case, Gadomski v Tavares, where a former East Providence police chief denied a permit to carry using the state law that applies to the Attorney General's Office, not the one that applies to cities and towns.
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Attorney General's Office subject to different standard than local police
While local police departments "shall issue" carrying permits, the Attorney General's Office is separately vested with the discretionary authority to issue permits, for both open carrying and concealed carrying of handguns.
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Specifically, the Attorney General's Office issues concealed and open carry permits "upon a proper showing of need," and offers a separate avenue to issue permits to retired police officers to carry guns.
Attorney General's Office Spokesman Blake Collins said, because permits at the municipal level "shall" be issued, that permits the Attorney General's Office to maintain its standard of a "proper showing of need."
Lawyer Frank Saccoccio, who has seven cases involving denied concealed-carry licenses, said Neronha's position, that he can continue to require a "showing of need," will probably be struck down when challenged. Saccoccio is president of the Rhode Island 2nd Amendment Coalition.
A bigger issue remains in the state, where local police departments are trying to punt licensing cases to the Attorney General's Office, and vice versa.
"Everybody is pointing fingers at everybody else," he said.
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Reach reporter Wheeler Cowperthwaite at wcowperthwaite@providencejournal.com or follow him on Twitter @WheelerReporter.
This article originally appeared on The Providence Journal: RI concealed carry gun laws don't need to change says AG Peter Neronha
