First post March 24th 2012. !!!!!
If you enjoy the forum please consider supporting it by signing up for a NES Membership The benefits pay for the membership many times over.
Be sure to enter the NES/MFS May Giveaway ***Canik METE SFX***
I'm still alive. Newest update is both parties filed for summary judgement. We will see if the judge judges or if it goes to a hearing.
Well, the ruling is out and the Court (Federal First District Court) ruled the Second Amendment was not violated.
http://www.providencejournal.com/ne...dge-upholds-bristols-concealed-weapons-policy
Yet there is a difference of opinion here:“Because the right to bear arms includes the right to carry firearms for self-defense both in and outside the home, I find that the District’s ‘good reason’ requirement likely places an unconstitutional burden on this right,” Judge Leon wrote in a 46-page opinion that granted a preliminary injunction while the case plays out in court
"[The] Town of Bristol's policy does not limit an individual's right to possess handguns in the home; it is only concerned with possession and use in the public sphere ..." McConnell wrote. "Bristol's law conditioning permits for concealed weapons on a showing of need is well within the cadre of permissible `public welfare regulations aimed at addressing perceived inherent dangers and risks surrounding the public possession of loaded, operable firearms.'"
Will be discussing my options with my attorney. The good news is if I do appeal it would go to the first circuit so MA could get some good case law as well. Need to figure out the financial obligation as well as other issues.
In Rhode Island?Contact comm2a.org. They might be willing to help.
In Rhode Island?
Comm2a is how I found my current lawyer.
So now the courts are split on the 2nd
Exactly, so why was it in federal court, it should have been taken to the next state level. Supreme Court?Towns are shall issue by law. Should be a state issue. Feel free to review the thread.
We still have a strong State law as you know, and I think your best bet is to apply in Bristol again since there is nothing prohibiting you from doing this. You definitely has some valid reasons for obtaining a permit, and I think you have a strong case. The Gadomski case would also help you. However, you might want to wait just a few more weeks to see if H7390 passes. I strongly recommend you contact your State legislators, Judiciary Chairperson, as well as Mattiello and Paiva Weed and let them know about your case. It's is a good example why we need CCW reform in RI.