United States District Court, D. Rhode Island
MEMORANDUM AND ORDER
J. McCONNELL, Jr., District Judge.
Gendreau challenges the Town of Bristol's denial of his
application for a permit to carry a concealed weapon. He
alleges that the Town's policy, which requires a showing
of need for a concealed carry permit, violates the Second
Amendment. He also asserts that the Town's policy
violates article 1, section 12 of the Rhode Island
Constitution and section 11-47-11(a) of the Rhode Island
General Laws. The Court holds that the Town's policy is
permissible under the Second Amendment to the United States
Constitution, but declines to exercise supplemental
jurisdiction over any remaining state law claims.
Rhode Island Firearms Act - R.I. Gen. Laws §§ 11-47-1 to 63 -
first adopted in 1927, sets forth a comprehensive regulatory
scheme governing the sale, licensing, possession, and use of
firearms in Rhode Island. Relevant to this case, the Firearms
Act prohibits anyone from carrying a pistol or revolver,
visible or concealed, in any place other than the
person's dwelling house, place of business, or on land
possessed by him or her, unless that person has a license or
permit issued pursuant to the Firearms Act. R.I. Gen. Laws §
11-47-8(a). A person may obtain a license of permit to carry
a concealed weapon in public from a city's or town's
licensing authorities. R.I. Gen. Laws § 11-47-11. The state
statute requires that the licensing authorities of any city
or town "shall" issue a concealed carry permit to
an applicant who is 21 years of age or older, and meets the
relevant residency requirements, "if it appears that the
applicant has good reason to fear an injury to his or her
person or property or has any other proper reason for
carrying a pistol or revolver, and that he or she is a
suitable person to be so licensed." Id.
to the Firearms Act, the Town of Bristol has adopted a
"Policy Regarding the Issuance of a License or Permit to
Carry a Concealed Pistol or Revolver." ECF No. 23-1 at
4-7. As part of that policy, the Town evaluates "whether
or not the applicant has demonstrated a proper showing of
need to carry a loaded firearm in public." Id.
at 5. The Town's policy states, in part:
The Town of Bristol considers the following factors in
assessing an applicant's proper showing of need.
1. Has the applicant demonstrated a specific articulable risk
to life, limb or property? If so, has the applicant
demonstrated how a pistol permit will decrease the risk?
2. Can the applicant readily alter his or her conduct, or
undertake reasonable measures other than carrying a firearm,
to decrease the danger to life, limb or property?
3. Are there means of protection available to the applicant
other than the possession of a firearm that will alleviate
the risk to his or her person or property?
4. Has the applicant demonstrated the skill, training and
ability to properly use a firearm in accordance with Rhode
5. Has the applicant presented a plan to properly secure the
firearm so that it does not fall into unauthorized hands?
6. How greatly will the possession of a firearm by the
applicant increase the risk of harm to the applicant or to
7. Has the applicant demonstrated that he or she will not use
the firearm for an unlawful or improper purpose, and that he
or she has not used a firearm for [a]n unlawful or improper
purpose in the past?
8. Does past unlawful, dangerous or violent conduct of the
applicant justify denial of the license by the Town even if
it is not sufficient to disqualify the applicant as a ...