2020 -- S 2418

========

LC004186

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

____________

A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

     Introduced By: Senators de la Cruz, Paolino, Rogers, Lombardo, and Ciccone

     Date Introduced: February 13, 2020

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended

by adding thereto the following section:

     11-47-8.2. Review and appeal of the decision of the licensing authority or attorney

general.

     (a) A decision denying a permit pursuant to either §§ 11-47-11 or 11-47-18 shall be final

unless further review or appeal is initiated in writing within fifteen (15) days after the decision

has been mailed by the licensing authority to the applicant at the address listed on the application.

     (b) An aggrieved individual may submit a written request to reconsider the denial to the

licensing authority or the department of the attorney general. The request must be submitted

within fifteen (15) days after the decision has been mailed to the address provided by the

applicant.

     (1) The licensing authority or the department of the attorney general shall schedule and

conduct an in-person meeting within fourteen (14) days of the request to review and discuss the

decision. The meeting shall only be scheduled or rescheduled beyond the initial fourteen (14) day

period by agreement of the parties, or for good cause, but in no event exceed sixty (60) days.

     (2) The applicant may submit any supplemental documentation relative to the application,

which shall become part of the application.

     (3) The meeting shall be conducted as an informal meeting, not as an administrative

hearing. The licensing authority or the department of the attorney general shall receive and

consider documents and other evidence without regard to statutory and common law rules. A

stenographic record, transcription, video, audio or other recording is only allowed by agreement

of the parties.

     (4) The applicant may be represented at this meeting by an attorney.

     (5) The licensing authority or the department of the attorney general shall, within seven

(7) days after the meeting, mail a decision to the applicant granting or denying the application.

Any denial shall be in writing and state with specificity the reason(s) and evidence upon which

the denial was based and the rationale for the denial.

     (c) An aggrieved individual may submit an appeal of the decision denying a permit

pursuant to either §§ 11-47-11 or 11-47-18 or of the decision of the request to reconsider to the

superior court for the county in which the licensing authority or attorney general is located, in the

form of a miscellaneous petition, within fifteen (15) days after the decision has been mailed to the

applicant at the address listed on the application.

     (1) The petition for review shall state the grounds upon which review is sought but need

not be verified.

     (2) Upon appeal, the petitioner is entitled to a trial de novo before a justice of the superior

court without a jury.

     (3) Within thirty (30) days of the notice of appeal the licensing authority or attorney

general shall provide a full, complete and certified copy of the application and all submitted

documents to both the petitioner and the superior court.

     (d) Pursuant to chapter 3 of title 38, the request to reconsider and the appeal to the

superior court, shall not be deemed public. All documents, records and proceedings before the

licensing authority, the department of the attorney general and the superior court are not open to

the public, but may be accessed by law enforcement personnel to be used for law enforcement

purposes only and shall remain otherwise confidential.

     (e) An applicant may have his or her hearing open to the public upon written request to

the superior court.

     (f) The superior court may award reasonable attorneys' fees, costs and filing fees to the

prevailing applicant if the court finds that there is no justiciable issue of either law or fact or to

the prevailing applicant if the licensing authority or the department of the attorney general denied

the license or permit in bad faith.

     SECTION 2. This act shall take effect upon passage.

========

LC004186

========

LC004186 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

***

     This act would provide for a review and appeal process for individuals who are denied a

permit or license to carry firearms by the licensing authority or attorney general, including a

petition to the superior court for a trial de novo, and costs and attorneys' fees to successful

appellants.

     This act would take effect upon passage.

========

LC004186

========

LC004186 - Page 3 of 3