Federal judge upholds "constitutionality" of Rhode Island's gun permit law
By lauraharris // 2025-08-06
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  • A federal judge upheld the "constitutionality" of Rhode Island's concealed carry permitting system, rejecting claims that it violates the Second Amendment.
  • Michael O'Neil and others sued in 2023 after being denied permits, arguing the law improperly restricts their right to carry firearms for self-defense.
  • Plaintiffs cited the 2022 Bruen decision, which struck down New York's "special need" requirement for carry permits and emphasized historical consistency in gun regulations.
  • Judge William Smith ruled that Rhode Island's law fits within historical firearm regulation traditions, noting it limits open carry while preserving concealed carry rights.
  • The plaintiffs plan to appeal to the First Circuit, while the Attorney General's Office welcomed the decision and vowed to continue defending the state's gun laws.
A federal judge has ruled that Rhode Island's gun permitting system does not violate the U.S. Constitution, rejecting a lawsuit brought by residents who claimed the state's concealed carry requirements infringe on their Second Amendment rights. In September 2023, Michael O'Neil and several other residents filed a lawsuit against Rhode Island, arguing that the system unfairly restricts their right to carry firearms for self-defense. They claimed their applications for new or renewed permits were denied by the attorney general because they failed to prove a specific need. The plaintiffs cited Bruen, which struck down a similar "special need" requirement in New York. That decision held that Americans have a constitutional right to carry firearms in public for self-defense and required gun regulations to align with historical traditions of firearm regulation. (Related: Philadelphia's Democrat mayor signs gun ban that applies to concealed carry permit holders.) However, U.S. District Judge William Smith ruled on Aug. 1 that Rhode Island's permitting framework is "within the Nation's historical tradition of regulation," referencing standards set by the U.S. Supreme Court in its landmark 2022 ruling in New York State Rifle and Pistol Association v. Bruen. Rhode Island law allows both the state attorney general and local municipal officials to issue concealed carry permits. The attorney general's office may grant a permit if an applicant makes a "proper showing of need," while local authorities must issue one if the applicant can demonstrate a credible threat or another valid reason and is deemed "suitable." "Plaintiffs' argument to the contrary is foreclosed by Bruen itself," Smith wrote. "There, the Supreme Court concluded that 'the historical evidence from antebellum America does demonstrate that the manner of public carry was subject to reasonable regulation.' And it drew that conclusion, in part, from its finding that historically, 'States could lawfully eliminate one kind of public carry, concealed carry, so long as they left open the option to carry openly.' The Firearms Act, through its permitting structure, does just this, albeit in reverse: it regulates Plaintiffs' manner of public carry in that it limits their right to open carry but leaves unaffected their right to concealed carry."

Plaintiffs vow to challenge the ruling

In response to the ruling, Frank Saccoccio, the attorney for O'Neil, said on Monday, Aug. 4, that they plan to challenge the ruling in the U.S. Court of Appeals for the First Circuit. "We do not agree with his reasoning as it is not in line with the Bruen decision," Saccoccio said. "We will be appealing his decision." Meanwhile, Tim Rondeau, a spokesperson for Attorney General Peter Neronha, said the office is "grateful for the court's decision, reaffirming the constitutionality of Rhode Island's permitting system for the public carry of handguns." "This decision fully resolves this case in the State's favor, though it remains subject to possible appeal," Rondeau said. "The attorney general will continue to vigorously defend Rhode Island's gun violence prevention laws to ensure the public safety of all Rhode Islanders." Check out SecondAmendment.news for more stories related to Americans' constitutional right to bear arms. Watch the video below that talks about having no more right to carry weapons in Hawaii.
This video is from Alex Hammer's channel on Brighteon.com.

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Sources include: TheEpochTimes.com CourtHouseNews.com Brighteon.com
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