Bill Sponsors
de la Cruz, Ciccone, Burke, Dimitri, Appollonio, LaMountain, and Rogers
Committee
Senate Judiciary
Summary
Select
This legislation establishes a formal appeals process for individuals who are denied a license to carry a concealed weapon by local police or the Attorney General. If an application is denied, the individual can first request an in-person meeting for reconsideration. If the denial stands, the applicant can appeal to the Superior Court for a new trial before a judge. The bill sets strict deadlines for these procedures, keeps the application records confidential, and allows the court to order the government to pay the applicant's legal fees if the denial was made without a good faith basis.
Sponsor
Analysis
Pros for Progressives
- Ensures due process rights are respected by establishing a clear, structured appeals mechanism for administrative decisions, preventing arbitrary actions by law enforcement.
- Protects individual privacy by keeping application records and proceedings confidential, preventing the public disclosure of sensitive personal information which could lead to harassment.
- Holds government agencies accountable by allowing courts to award legal fees if a permit denial is found to be made without a good faith basis.
Cons for Progressives
- Could potentially increase the number of concealed weapons in the community by providing multiple avenues for individuals to overturn permit denials.
- Reduces public transparency regarding who is licensed to carry weapons by explicitly exempting appeals and records from public access laws.
- Places a financial burden on taxpayers by potentially requiring the state to pay the legal fees of individuals seeking gun permits.
Pros for Conservatives
- Strengthens Second Amendment rights by providing a robust legal pathway to challenge arbitrary or politically motivated permit denials.
- Protects the privacy of gun owners by ensuring that appeal proceedings and records remain confidential and out of the public eye.
- Deters government overreach by allowing the recovery of attorney's fees if the licensing authority acts in bad faith or without legal justification.
Cons for Conservatives
- Increases the bureaucratic burden on local police departments and the Attorney General's office by mandating specific timelines and in-person meetings.
- Removes final decision-making authority from law enforcement experts and places it in the hands of judges who may not have specific public safety expertise.
- Creates potential taxpayer liability through the provision that allows the government to be charged for the applicant's legal fees.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Gun owners
- Police departments
- Department of the Attorney General
- Superior Court judges
- Attorneys
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
None
BillBuddy Impact Ratings
Importance
Measures population affected and overall level of impact.
Freedom Impact
Level of individual freedom impacted by the bill.
Public Services
How much the bill is likely to impact one or more public services.
Regulatory
Estimated regulatory burden imposed on the subject(s) of the bill.
Clarity of Bill Language
How clear the language of the bill is. Higher ambiguity equals a lower score.
Enforcement Provisions
Measures enforcement provisions and penalties for non-compliance (if applicable).
Environmental Impact
Impact the bill will have on the environment, positive or negative.
Privacy Impact
Impact the bill is likely to have on the privacy of individuals.
Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/16/2026 Introduced, referred to Senate Judiciary
Bill Text
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.
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.