The bill amends Chapter 11-47 of the General Laws, which pertains to weapons, by introducing a new section, 11-47-8.2, that establishes a review and appeal process for individuals whose applications for handgun permits are denied. Under this new provision, an applicant has fifteen days to submit a written request for reconsideration of the denial to the licensing authority or the attorney general. The licensing authority or the attorney general is required to schedule and conduct an in-person meeting within fourteen days of the request to review and discuss the decision. The applicant may present additional documentation and may be represented by an attorney during this informal meeting. Following the meeting, the licensing authority or attorney general must issue a written decision within seven days, detailing the reasons for any denial.
If the application is still denied, the applicant may appeal the decision to the superior court within fifteen days of the decision being mailed. The appeal is to be filed as a miscellaneous petition, and the petitioner is entitled to a trial de novo before a justice of the superior court without a jury. The licensing authority or attorney general must provide a complete and certified copy of the application and all submitted documents to both the petitioner and the superior court within thirty days of the notice of appeal.
The bill stipulates that the request for reconsideration and the appeal process shall not be public, and all documents, records, and proceedings related to the licensing authority, the attorney general, and the superior court shall remain confidential, accessible only to law enforcement for law enforcement purposes. However, the applicant may request that the superior court hearing be open to the public. Additionally, the superior court may award reasonable attorneys' fees, costs, and filing fees to the prevailing applicant if it finds that there was no justiciable issue of law or fact, or if the licensing authority or attorney general did not have a good faith basis for the denial. This act will take effect upon passage.