Rhode Island AG Wins Summary Judgment in Second Amendment Licensing Dispute

PROVIDENCE, RI – August 1, 2025 – Rhode Island Attorney General Peter Neronha has secured a summary judgment victory in a case challenging the state’s permitting requirements for concealed carry licenses. The ruling,issued today by Senior District Judge William E. Smith, dismisses claims brought by plaintiffs alleging that the state’s law, specifically §11-47-18, is unconstitutionally vague and overbroad.

The lawsuit centered on the requirement that applicants demonstrate a “proper showing of need” too obtain a license. Plaintiffs argued this standard violated thier Second Amendment rights under §1983 of the federal code and Article 1, §2 of the Rhode Island Constitution.However,Judge Smith found the plaintiffs’ vagueness challenge unpersuasive,noting that the phrase “proper showing of need” is clarified by existing policy guidance from the Attorney General’s office and prior interpretations by the Rhode island Supreme Court. The court emphasized that the AG operates as a fact-finder in the licensing process, and that an unrestricted license is considered a privilege, not a right, within the state.

The overbreadth challenge also failed to gain traction.

Regarding the state constitutional claim, while acknowledging a potential debate over whether a direct cause of action exists under Article 1, §2, the court granted summary judgment to the defendants, finding the state claim mirrored the unsuccessful federal claim and therefore also failed on its merits.

The ruling represents a significant win for the Attorney General’s office and affirms the state’s authority to regulate concealed carry permits. The full opinion, O’Neil, et al. v. Neronha, et al. (C.A.no. 23-070 WES), is available for review here.

What specific documentation is required when applying for a Rhode Island firearm permit?

Rhode Island Firearms Licensing and Permitting update (2025)

Understanding Rhode Island’s Gun Laws

Rhode Island maintains relatively strict gun control laws. Navigating the licensing and permitting process requires careful attention to detail. This article provides an update on the current regulations as of August 5,2025,focusing on obtaining permits to purchase,concealed carry permits,and relevant changes to state legislation. Key terms to understand include firearm permits, Rhode Island gun laws, concealed carry Rhode Island, and rhode Island firearms licensing.

Permit to Purchase a Firearm

Rhode Island requires a permit to purchase most firearms. Here’s a breakdown of the process:

Eligibility requirements: Applicants must be 21 years or older (18 for shotguns and rifles under specific conditions),a Rhode Island resident,and not prohibited from owning a firearm under state or federal law. This includes convictions for felonies, domestic violence, and certain mental health conditions.

Application Process: Applications are submitted to the Rhode Island Attorney General’s office through local police departments.expect a detailed application form requiring personal information, background checks, and a justification for needing to purchase a firearm.

Background Check: A comprehensive background check is conducted, including state and federal databases. This process can take several weeks, sometimes longer depending on the volume of applications.

Firearm Safety Course: Completion of a state-approved firearm safety course is mandatory before a permit will be issued. These courses cover safe handling, storage, and Rhode Island’s gun laws.

Waiting Period: A 7-day waiting period is enforced after permit approval before a firearm can be taken possession of.

Eligibility: Applicants must be 21 years of age, a Rhode Island resident for at least one year, and demonstrate a legitimate reason for needing to carry a concealed firearm (often referred to as “justifiable need”).

Training Requirements: Extensive training is required, including a minimum of 16 hours of classroom instruction and live-fire exercises. The curriculum must cover Rhode Island’s laws regarding self-defense, use of force, and safe gun handling.

Character References: Applicants must provide character references attesting to their good moral character.

Psychological evaluation: A psychological evaluation might potentially be required as part of the application process.

Permit Validity: Concealed carry permits are typically valid for three years. Renewal requires additional training and a re-evaluation of eligibility.

Reciprocity: Rhode Island has limited reciprocity agreements with other states. Check the Attorney General’s website for the most up-to-date list of recognized permits. Concealed carry reciprocity is a frequently searched term.

Red Flag Law (Extreme Risk Protection Order): Rhode Island has a “red flag” law allowing temporary removal of firearms from individuals deemed a danger to themselves or others. This law has been the subject of ongoing legal challenges.

Safe Storage Requirements: New legislation emphasizes the importance of safe firearm storage, particularly in households with children.Failure to properly secure a firearm can result in criminal penalties.

Assault Weapon Ban: While previously debated,a comprehensive assault weapon ban remains a contentious issue in the Rhode Island legislature. As of August 2025, no statewide ban is in effect, but local ordinances may vary.

Global Background Checks: Rhode Island requires background checks for all firearm sales, including private transactions.

How long does it take to get a firearm permit in Rhode Island? The process can take 6-8 weeks, but may be longer depending on the volume of applications and the thoroughness of the background check.

Can I carry a firearm in my car in Rhode Island? Generally, firearms must be transported unloaded and in a locked container. Specific regulations apply to concealed carry permit holders.

What are the penalties for violating Rhode Island’s gun laws? Penalties vary depending on the offense,ranging from fines to imprisonment.

Where can I find a list of approved firearm safety courses? The Rhode Island Attorney General’s website maintains a list of certified instructors and courses.

Rhode Island Attorney General’s Office: https://www.riag.ri.gov/ (Official source for laws and regulations)

Rhode Island State Police: https://www.risp.ri.gov/

National Rifle Association (NRA): https://home.nra.org/ (Provides information on gun laws and advocacy)

Local Police Departments: Your local police department can provide guidance on the application process and local ordinances.

start Early: Begin the application process well in advance of when you intend to purchase or carry a firearm.

* Gather documentation: Collect all required documentation before submitting your