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H 7553Criminal Procedure

Criminal Offenses - Weapons

This bill creates a specific legal process to appeal decisions when an individual is denied a concealed carry gun permit.

Held for study
Population
Affected
15
Email Legislator
Introduced Feb 6, 2026Committee House Judiciary

Plain-English Summary

This legislation establishes a formal appeals process for individuals who are denied a permit to carry a concealed weapon by local police or the Attorney General. It allows a denied applicant to first request an in-person meeting with the licensing authority for reconsideration. If the permit is still denied, the applicant can appeal to the Superior Court for a new trial before a judge. The bill mandates that these proceedings and records remain confidential unless the applicant requests otherwise. It also allows the court to make the government pay the applicant's legal fees if the denial lacked a good faith basis.

For younger readers

Sometimes, adults want permission to carry a hidden gun for protection. To do this, they need a special pass called a permit from the police. Right now, if the police say "no," it is hard to argue back. This new rule says that if the police say "no," the person can ask for a meeting to explain why they should get the permit. If the police still say "no," the person can go to a judge to decide. It helps make sure the rules are fair for people who want a permit.

Who & Where It Applies

Impacted groups
Gun ownersLocal Police DepartmentsOffice of the Attorney GeneralSuperior Court JudgesAttorneys
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Establishes a check on arbitrary police power and administrative overreach by providing a clear mechanism to challenge decisions made by law enforcement agencies.
  • Protecting the privacy of individuals involved in administrative appeals aligns with civil liberty concerns regarding government surveillance and data privacy.
  • The provision for awarding attorneys' fees ensures that ordinary citizens are not financially ruined by the need to challenge bad faith decisions made by government institutions.
  • Facilitates the proliferation of concealed weapons by creating more pathways for denials to be overturned, potentially impacting public safety.
  • Removes transparency from the permitting process by sealing records and court proceedings, preventing the public and press from scrutinizing how permits are issued or denied.
  • Exposes taxpayers to potential financial liability for the legal fees of gun owners if a court determines a denial was not made in good faith.
For Conservatives
  • Strengthens Second Amendment rights by ensuring that law-abiding citizens have a robust due process avenue to fight against bureaucratic denials of carry permits.
  • Protects the identity and privacy of gun owners by exempting appeals and records from public access laws, preventing doxxing or harassment.
  • Holds government officials accountable by forcing the state or town to pay legal fees if they deny a permit without a good faith basis.
  • Mandates a "trial de novo" before a judge only, denying the applicant the right to a trial by a jury of their peers.
  • The fifteen-day window to file for reconsideration or appeal is a relatively short timeframe that may punish applicants who do not act immediately.
  • Places the final decision-making power in the hands of Superior Court judges, who may be perceived as having political biases against gun ownership.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 46 additions

SECTION 1. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended by adding thereto the following section: 11-47-8.2. Review and appeal of the decision of the licensing authority or attorney general.

(a) A decision denying a permit pursuant to either §§ 11-47-11 or 11-47-18 shall be final unless further review or appeal is initiated in writing within fifteen (15) days after the decision has been mailed to the applicant at the address listed on the application.

(b) An aggrieved individual may submit a written request to reconsider the denial to the licensing authority or the department of the attorney general. Said request shall be submitted within fifteen (15) days after the decision has been mailed to the address provided by the applicant.

(1) The licensing authority or the department of the attorney general shall schedule and conduct an in-person meeting within fourteen (14) days of the request to review and discuss the decision. Said meeting shall only be scheduled or rescheduled beyond the initial fourteen (14) day period by agreement of the parties or for good cause, but in no event exceed sixty (60) days.

(2) The applicant may submit any supplemental documentation relative to the application, which shall become part of the application.

(3) The meeting shall be conducted as an informal meeting, not as an administrative hearing. The licensing authority or the department of the attorney general shall receive and consider documents and other evidence without regard to statutory and common law rules. A stenographic record, transcription, video, audio or other recording is only allowed by agreement of the parties.

(4) The applicant may be represented at this meeting by an attorney.

(5) The licensing authority or the department of the attorney general shall, within seven (7) days after the meeting, mail a decision to the applicant granting or denying the application. Any denial shall be in writing and state with specificity the reason(s) and evidence upon which the denial was based and the rationale for the denial.

(c) An aggrieved individual may submit an appeal of the decision denying a permit pursuant to either §§ 11-47-11 or 11-47-18 or of the decision of the request to reconsider to the superior court for the county in which the licensing authority or attorney general is located, in the form of a miscellaneous petition, within fifteen (15) days after the decision has been mailed to the applicant at the address listed on the application.

(1) The petition for review shall state the grounds upon which review is sought but need not be verified.

(2) Upon appeal, the petitioner is entitled to a trial de novo before a justice of the superior court without a jury.

(3) Within thirty (30) days of the notice of appeal the licensing authority or attorney general shall provide a full, complete and certified copy of the application and all submitted documents to both the petitioner and the superior court.

(d) Pursuant to chapter 3 of title 38, the request to reconsider and the appeal to the superior court, shall not be deemed public. All documents, records and proceedings before the licensing authority, the department of the attorney general and the superior court shall not be open to the public, but may be accessed by law enforcement personnel to be used for law enforcement purposes only and shall otherwise remain otherwise confidential.

(e) An applicant may have the superior court hearing open to the public upon written request to the superior court.

(f) The superior court may award reasonable attorneys' fees, costs and filing fees to the prevailing applicant if the court finds that there is no justiciable issue of either law of fact, or if the licensing authority or the department of the attorney general did not have a good faith basis in the denial of the license or permit.

SECTION 2. This act shall take effect upon passage.