LCCW Through Local Police (RIGL 11-47-11)

RIGL 11-47-11 is the primary concealed carry permitting statute for Rhode Island residents. It establishes a licensing framework administered by the licensing authorities of each city and town, which RIGL 11-47-2 defines as the board of police commissioners where one exists and otherwise the chief or superintendent of police. The statutory text conditions issuance on the applicant showing a good reason to fear injury or any other proper reason and on being a suitable person. The Rhode Island Supreme Court described this language as mandatory in Gadomski v. Tavares (2015), citing its earlier Mosby decision: an applicant who meets the criteria set forth in § 11-47-11 is entitled to a gun permit.^[1]

Eligibility Requirements

To qualify for an LCCW under the local track, an applicant must meet several criteria. The applicant must be at least 21 years of age. The applicant must reside in, or maintain a regular place of business within, the city or town where the application is filed. Alternatively, a person who resides in the United States and holds a valid concealed carry permit from another state may apply through a Rhode Island municipality. The license issues 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 is a suitable person to be so licensed. In Gadomski v. Tavares (2015), the court quashed a denial whose stated reasons were bare, rote conclusions and rested on an incorrect standard, and directed the chief to issue a new decision. The decision reinforced that once the statutory criteria are met, a permit should be issued.^[1]

Application Process

The license or permit is issued in triplicate on a form prescribed by the Attorney General. The statute does not require reference letters. The license bears a photograph of the licensee. The license bears the licensee's fingerprint. The application fee is $40, and the license is valid for four years from the date of issuance.^[2]

Firearms Qualification

Before receiving a permit, the applicant must pass a firearms qualification test as specified in RIGL 11-47-15. The test requires the applicant to fire 30 rounds at a distance of 25 yards on an Army "L" target and achieve a minimum score of 195 out of a possible 300. This qualification may be certified by the State Police range officer, the range officer of a city or town police department with a regular firearms training program, a pistol instructor certified by the National Rifle Association or the United States Revolver Association, or another person the Attorney General designates (RIGL 11-47-16). The qualification standard applies to both the local and AG permit tracks.^[3]

Processing Timeline and Denials

RIGL 11-47-11 does not specify a mandatory processing deadline. The statute does not require written reasons for a denial, but in Gadomski v. Tavares (2015), the Rhode Island Supreme Court held that bare, rote conclusions are insufficient to support one. Under Gadomski v. Tavares, a denial resting on bare conclusions or an incorrect standard is quashed on review. Under Gadomski and the Attorney General's guidance, local licensing authorities cannot require a showing of need.^[4]

Scope of the Local LCCW

A permit issued under 11-47-11 is a license to carry a pistol or revolver concealed upon the person everywhere within the state. The Attorney General's office describes it as a license to carry concealed, and describes its own permit under 11-47-18 as a concealed or open carry permit. The permit is valid statewide and is not limited to the issuing municipality. RIGL 11-47-11 requires the original permit to be delivered to the licensee.