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Bill > H5936


RI H5936

RI H5936
Provides the review and appeal process for individuals applying for a permit or license to carry a handgun with the licensing authority or attorney general.


summary

Introduced
02/28/2025
In Committee
02/28/2025
Crossed Over
Passed
Dead
06/20/2025

Introduced Session

2025 Regular Session

Bill Summary

This act would provide the review and appeal process for individuals applying for a permit or license to carry a handgun with the licensing authority or attorney general. This act would provide that an applicant denied a concealed carry handgun permit, could request a meeting with the licensing authority to reconsider the application. If the licensing authority fails to approve the application after the meeting, then an appeal for a trial de nova may be taken to the superior court. The act would further provide that the documents, records and proceedings before the licensing authority and before the superior court shall not be open to the public unless the applicant requests in writing that that hearing be open to the public. This act would take effect upon passage.

AI Summary

This bill establishes a comprehensive review and appeal process for individuals denied a handgun carry permit in Rhode Island. If an applicant is initially denied a permit under existing state law, they can submit a written request for reconsideration within 15 days, which triggers an informal in-person meeting with the licensing authority or attorney general within 14 days. During this meeting, the applicant can submit additional documentation, be represented by an attorney, and discuss the reasons for denial. If the application is still denied, the applicant can file an appeal in superior court within 15 days, which will result in a trial de novo (a completely new hearing) without a jury. The bill stipulates that all documents and proceedings related to the permit application shall remain confidential, though the applicant can request a public hearing. Importantly, if the court finds that the licensing authority did not have a good faith basis for denying the permit, the applicant may be awarded reasonable attorneys' fees and costs. The bill aims to provide a clear, structured pathway for individuals to challenge permit denials while maintaining privacy and ensuring a fair review process.

Committee Categories

Justice

Sponsors (10)

Last Action

Committee recommended measure be held for further study (on 03/26/2025)

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