Overview

• U.S. District Judge William Smith granted summary judgment to Rhode Island on August 1, finding that the state’s requirement to show a “need” for open carry does not violate the Second Amendment.
• The ruling distinguishes concealed-carry permits as a right for qualifying applicants while treating unrestricted open-carry licenses as a privilege issued only upon a proper showing of need by the attorney general’s office.
• Smith held that unrestricted open-carry permits are not a constitutionally protected liberty interest and that Rhode Island’s split permit scheme aligns with the nation’s historical tradition of firearm regulation.
• The lawsuit, filed in 2023 by gun-rights advocates led by Michael O’Neil, follows the denial of their seven applications for unrestricted permits in 2021 under the state’s need-based framework.
• The Rhode Island 2nd Amendment Coalition has announced plans to appeal Smith’s decision, marking the latest in a series of post-Bruen challenges to state gun-permit systems.