In a case that has been
interminably delayed working its way through the "justice system" "in a timely manner" for over 4 years "May Issue" and "Good Cause" requirements were upheld in U. S. District Court of Rhode Island. The law there reads very much like Hawaii's law, and the judge found those requirements to be lawful and not infringing on any Second Amendment rights. These are same "arguments" we hear here in Hawaii and from the U. S. NInth Circuit Court of Appeals (Peruta/Richards/Baker). Note that judge McConnell, like the judge in the Friedman case, at least partially justifies a law based upon a "perceived" public safety factor, even though in reality there may not be one (there is certainly no evidence from the 13 million current license holders nor from the states that are permitless carry that such a public safety danger exists). In Friedman the "assault weapons" ban was upheld because the public perceived they would be safer. (
Cert denied by SCOTUS). Also note the judge McConnell was appointed by Obama and confirmed by the Senate by a 50-44 vote. The Washington Examiner published an editorial about him, "critical of McConnell for making almost $700,000 in campaign contributions to Democrats by him and his wife since 1993. The editorial in the Washington Examiner claimed he is trying to buy a federal judgeship through targeted contributions." [Hey, come on, who amongst us
hasn't made those sorts/levels of contributions to politicians? And then merely coincidentally gotten a job from those politicians?]
Full article:
http://www.providencejournal.com/news/20160519/ri-federal-judge-upholds-bristols-concealed-weapons-policyExcerpts:
In ruling Thursday, U.S. District Court Judge John J. McConnell Jr. struck down Gendreau's arguments under the U.S. Constitution, but declined to take up the state law claims as the matter has already been decided by the state Supreme Court.
"[The] Town of Bristol's policy does not limit an individual's right to possess handguns in the home; it is only concerned with possession and use in the public sphere ..." McConnell wrote. "Bristol's law conditioning permits for concealed weapons on a showing of need is well within the cadre of permissible `public welfare regulations aimed at addressing
perceived inherent dangers and risks surrounding the public possession of loaded, operable firearms.'" [emphasis added]
Rhode Island law dictates that authorities in any city or town "shall" issue a license or permit to carry a loaded handgun to a person 21 or older "if it appears that the applicant has good reason to fear an injury to his or her person or property or has any other proper reason for carrying a pistol or revolver, and that he or she is a suitable person to be so licensed."
The judge's opinion is here:
http://www.rid.uscourts.gov/menu/judges/opinions/McConnell/05192016_14CV0337M_GENDREAU_V_TOWN_OF_BRISTOL_P.pdf