Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Gendreau v. Canario

United States District Court, D. Rhode Island

May 19, 2016

JARREN GENDREAU Plaintiff,
v.
JOSUE D. CANARIO, in his capacity as Chief of Police of the Bristol Police Department; and the TOWN OF BRISTOL, RHODE ISLAND Defendants.

          MEMORANDUM AND ORDER

          JOHN J. McCONNELL, Jr., District Judge.

         Jarren 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.

         FACTS

         The 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[1] 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.

         Pursuant 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 Island laws?
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 the public?
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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.