R. I. Arms & Sports Center, Ltd. v. Wood
R. I. Arms & Sports Center, Ltd. v. Wood
Opinion of the Court
OPINION
This civil action originated in the United States District Court for the District of Rhode Island. The plaintiffs, who are duly licensed retail sellers of handguns, have alleged a violation of their constitutional rights and consequently have sought to enjoin the defendant, who at the time this litigation began was the director of the State Department of Environmental Management (DEM),
Before the District Court judge would consider the constitutional claims, he invoked the provisions of our Rule 6 and asked for our response to a certified question of law, in which he asks whether plaintiffs, as duly licensed retailers of handguns, were subject to the certification requirements spelled out in § 11-47-35. In his order of certification, the District Court judge observed that DEM takes the position that the certification requirement applies to the dealerships, whereas plaintiffs argue that unless they are “exempt from the certification requirement, they are effectively and unconstitutionally prohibited from purchasing handguns for resale.”
At oral argument, it appeared that something was lost in the transmission as this case made its way here from the District Court. This observation may be explained by referring to DEM’s comment in its brief, wherein it notes that “[tjhere apparently has been some confusion during the discovery proceedings of this matter which led plaintiffs and the federal court to assume that DEM would require handgun safety certificates of dealers who are buying guns at wholesale for the purposes of retail sale. This is not the case.” At oral argument, DEM’s counsel assured us that the department and its director are of the firm belief that the statute exempts licensed retail dealers from the safety-certificate requirement.
Thus it is that we respond to the District Court’s inquiry in the negative. Retail sellers of handguns are not required to comply with the safety-certificate provisions of § 11-47-35 when purchasing for resale to others newly manufactured or used handguns.
. At the present time Mr. Wood serves as director of the Department of Transportation.
. General Laws 1956 (1981 Reenactment) § 11-47-39 vests the licensing power in the various municipal licensing authorities of this state. The license issued is valid for a period of one year. All sales are to be carried on only in the premises designated in the license, and no sale is to take place unless the purchaser is personally known to the licensee or presents credible evidence of his identity.
Reference
- Full Case Name
- R. I. ARMS & SPORTS CENTER, LTD. v. W. Edward WOOD
- Status
- Published