Gun Laws And 2a
Federal Judge Upholds Rhode Island’s Open-Carry Permit Discretion
Court rules AG’s authority to deny open-carry permits is constitutional
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✍️By ZRIntel Editorial Team📍Providence, RI
A federal judge has dismissed a lawsuit challenging Rhode Islands dual handgun permit system, ruling that the attorney generals discretionary authority to issue open-carry permits is consistent with the Second Amendment. The decision comes after gun-rights advocates sought to force the AGs office to issue open-carry licenses in addition to their concealed-carry permits. Under Rhode Island law, municipalities must issue concealed-carry permits to qualified applicants statewide, but the AGs office maythough is not required toissue concealed or open-carry permits upon a showing of need. The plaintiffs argued that the need requirement is arbitrary and unconstitutional. Judge William Smith found the states framework analogous to historical firearms regulations and thus permissible under the Bruen decisions constitutional test. He also ruled that an open-carry license is a privilege, not a right, dismissing the plaintiffs due process claims. The ruling leaves Rhode Islands current permitting structure intact, though it continues to face political pressure. Previous legislative efforts to create a statutory cause of action for state constitutional rights violations have failed in recent years.