Getting a CCW permit Has anyone ever tried......

[Coolchange]

Hello,
I was just wondering why "Excercising my second amendment right" is grounds for a permit being denied as "Does not meet criteria". I am in the process of going for my permit and I am stuck at the letter. I do have work reasons for obtaining it but I don't want the restrictions. Any thoughts?

[max]

Restrictions have no legal backing. If you carry anyway there is no law that they could use to convict you of anything.

[newportri]

That will depend on where you apply. If you apply to the AG with that reason, you will most likely be denied since he is May Issue. I think you should be able come up with a better reason than that.
The AG basically issue the following types:
No Restriction (this is the hardest to get)
Work restricted
Curio and Relics (if you have a C&R license you might get this)
Target Range restriction. This is a strange one since you don't need a permit to go to the range, but it allows you to carry the gun to the range without breaking the gun apart and in a separate location etc. Anyone should be able to get this as long as you meet the other criteria and don't have a criminal record.
I agree with max that restrictions don't have any legal backing, but that doesn't mean you won't be charged with a crime. However, I doubt you will be convicted, but that's up to a jury to decide (I hope you have a good lawyer as well). I wonder if there is any case law on this issue.... I am pretty sure the outcome would be in the CCW holder's favor.

If you live in a town that issues permits (what town do you live in), I would apply there since they are shall issue. You might be able with getting away with your 2nd amendment reason, but it would make it easier if you come up with some better reasons. My advice is to come up with some better reasons to make it easier on yourself.

Good luck and let us know how you make out.

[Coolchange]

I live in East Providence which sends you right to the AG. I'm actually the general partner in a band and I am responsible for transporting thousands of dollars worth of equipment which I have to load into the trailer at 3 in the morning. I am also responsible for collecting the money at the end of the night from the club and transporting it to the bank and then distributing it to the other members. I think this should be sufficient to obtain a permit as far as work goes, no?

[RLS]

Hello,
I was just wondering why "Excercising my second amendment right" is grounds for a permit being denied as "Does not meet criteria".

The courts do not equate the second amendment with a right to carry a conecelaed weapon, Read the Mosby case for further information.

[newportri]

This Court has recognized that, while there is no right to carry a handgun without a license, there is a
"right to be licensed to carry a handgun" in Rhode Island. State v. Storms, 112 R.I. 121,
127, 308A.2d 463, 466 (R.I. 1973). This Court has conditioned the constitutionality of
the licensing statute upon whether the legislative delegation of authority to public
officials such as the Attorney General "prescribed standards which clearly and reasonably
limit the exercise of the assigned authority to the public safety and welfare sought to be
served," Id. (citations omitted), and has characterized this exercise of delegated authority
as "fact-finding." Id.

[Coolchange]

In looking at the Mosby case, seeing that the state has two distinct statutes stating that the AG "may issue" and that a lisence authority of ANY city or town "shall issue". If this is the case, why do certain town immediately diret you to the AG? Are thay not required by state law to issue you a permit?

[newportri]

why do certain town immediately diret you to the AG? Are thay not required by state law to issue you a permit?

They are doing this illegally, but as long as no one takes them to court (=$$$$) they will get away with it. This is just one violation, and there are several other (requiring a psych exam, raising fees, etc.)

[Coolchange]

So I take it no one has ever challenged this legally in this state?

[newportri]

That's sort of what Archer did, except he sued the chief in Smithfield for not accepting his application (he didn't forward the application). Other than that, I am not aware of any other cases.

[RLS]

Archer v McGarry under the litigation button on home page.

[dsr]

I live in East Providence which sends you right to the AG. I'm actually the general partner in a band and I am responsible for transporting thousands of dollars worth of equipment which I have to load into the trailer at 3 in the morning. I am also responsible for collecting the money at the end of the night from the club and transporting it to the bank and then distributing it to the other members. I think this should be sufficient to obtain a permit as far as work goes, no?

Definitely. Carrying cash and and moving pricey equipment at some ungawdly hour are legitimate reasons to carry in the eyes of the AG.

[Eagle0527]

That will depend on where you apply. If you apply to the AG with that reason, you will most likely be denied since he is May Issue. I think you should be able come up with a better reason than that.
The AG basically issue the following types:
No Restriction (this is the hardest to get)
Work restricted
Curio and Relics (if you have a C&R license you might get this)
Target Range restriction. This is a strange one since you don't need a permit to go to the range, but it allows you to carry the gun to the range without breaking the gun apart and in a separate location etc. Anyone should be able to get this as long as you meet the other criteria and don't have a criminal record.
I agree with max that restrictions don't have any legal backing, but that doesn't mean you won't be charged with a crime. However, I doubt you will be convicted, but that's up to a jury to decide (I hope you have a good lawyer as well). I wonder if there is any case law on this issue.... I am pretty sure the outcome would be in the CCW holder's favor.

If you live in a town that issues permits (what town do you live in), I would apply there since they are shall issue. You might be able with getting away with your 2nd amendment reason, but it would make it easier if you come up with some better reasons. My advice is to come up with some better reasons to make it easier on yourself.

Good luck and let us know how you make out.

I have a quick question. I have heard that the Ag issues Non Restricted and for Work Purposes but I have never heard of the Target Range Restriction and the Curio and Relics. Can any one explain these. Especailly the Target Range Restriction as you do not need a permit to go to the range.
Thanks

[RLS]

The range exemption is valid from ones home or place of business, being in a position of transporting a weapon from other locations would be grounds for a carry permit, for example.

[newportri]

At the AG's office they explained to me that a lot of people were uncomfortable even transporting the gun to the range with the law that currently says the gun has to be broken down, separated from ammo, and transported as openly as possible etc. The Range CW permit would basically allow them to transport the gun in your car however they would like.