Rhode Island House Bill H5936

Rhode Island 2025 Regular Session

• Introduced: 2/28/25
• Refer: 2/28/25

Caption

Provides the review and appeal process for individuals applying for a permit or license to carry a handgun with the licensing authority or attorney general.

Summary

H5936 creates a formal review and appeal process for people whose applications for a handgun carry permit or license are denied under Rhode Island weapons law. The bill applies to denials under §§ 11-47-11 and 11-47-18 and requires an applicant to act quickly: a written request for reconsideration must be filed within 15 days of the denial being mailed. The licensing authority or the attorney general’s office must then hold an in-person informal meeting within 14 days, allow the applicant to submit supplemental materials, and issue a new written decision within 7 days after the meeting. Any denial must explain the reasons and evidence supporting it. If the denial is upheld, the applicant may appeal to the Superior Court by miscellaneous petition within 15 days. The court review is a trial de novo before a judge without a jury, and the licensing authority or attorney general must provide the full application record within 30 days. The bill also makes the reconsideration and appeal process confidential by default, while allowing an applicant to request a public Superior Court hearing in writing. It further authorizes the court to award reasonable attorneys’ fees, costs, and filing fees to a prevailing applicant in certain circumstances, including where there was no justiciable issue or no good-faith basis for the denial.

Impact

The bill would add a new section to Rhode Island’s weapons chapter governing how handgun permit denials are reviewed and appealed, thereby changing the procedural rights of applicants and the obligations of licensing authorities and the attorney general. It would require more detailed denial decisions, create a mandatory reconsideration meeting, establish a de novo judicial appeal path, and impose confidentiality rules on the records and proceedings unless the applicant opts for a public hearing. In practice, it would affect concealed carry permit applicants, local licensing authorities, the Department of the Attorney General, and the Superior Court.

Sentiment

Based on the bill text and available context, the measure appears to be framed as a due-process and transparency bill for handgun permit applicants rather than a broad policy change on firearms possession. The absence of committee transcripts or recorded votes means there is no documented debate in the provided materials, but the structure of the bill suggests support from sponsors for clearer appeal rights and more accountable denial procedures. The inclusion of confidentiality protections and attorney-fee provisions indicates an effort to balance applicant privacy with judicial review.

Contention

The main points of contention are likely to be the scope of judicial review, the short deadlines, and the confidentiality provisions. Supporters may view the bill as ensuring fair treatment and meaningful review for applicants denied a permit, while opponents may object that it increases litigation, limits public transparency, and constrains the discretion of licensing authorities and the attorney general. The attorney-fee provision could also be controversial because it may expose the state or local authorities to additional costs if denials are found unsupported or not made in good faith.