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Denied firearm purchase for 2010 restraining order

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Spider9000

Member
We haven't gotten to the point of looting yet but there will be in Providence as this goes on longer. Some rough neighborhoods. RI is a "castle" state - deadly force is allowed INSIDE one's home in response to a crime. But yes, it's obviously not to be taken lightly.
 


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Mass_Shyster

Senior Member
Spider9000 said:
We haven't gotten to the point of looting yet but there will be in Providence as this goes on longer. Some rough neighborhoods. RI is a "castle" state - deadly force is allowed INSIDE one's home in response to a crime. But yes, it's obviously not to be taken lightly.
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You should really study up on the issue. For example, see State v. Gianquitti, 22 A. 3d 1161 - RI: Supreme Court 2011 ( https://scholar.google.com/scholar_case?case=10878005712378358205 )
 
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Spider9000

Member
Not even relevant. That is not an armed burglary, armed break-in etc. Can't use a firearm in a non-life threatening situation.
 
FlyingRon

FlyingRon

Senior Member
The RI statute requires the reasonable belief of great bodily on the part of the intruder. You can't just go blasting away at anybody who walks through your door. I should point out that even with states with a more liberal castle doctrine, there's a lot of (at the minimum) hassle that goes through if you shoot someone, even if it ultimately is determined to be justified.
 
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Spider9000

Member
Just an update here. I have filed a "Motion to Dismiss" with CA. Of course it will probably take months to process since everything is shut down. Based on my research, it should have a good chance of being dismissed since it was from 8 years ago and nothing has happened between the two of us since. I also realize I was completely naive in not fighting this from the beginning, as again based on what I've researched, very few judges issue "permanent" ROs since ROs are designed by definition to be temporary and not "convictions".
 
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NeilTheCop

Member
FlyingRon said:
The RI statute requires the reasonable belief of great bodily on the part of the intruder. You can't just go blasting away at anybody who walks through your door. I should point out that even with states with a more liberal castle doctrine, there's a lot of (at the minimum) hassle that goes through if you shoot someone, even if it ultimately is determined to be justified.
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He could always move to liberal New Mexico ;)
https://law.justia.com/codes/new-mexico/2011/chapter30/article2/section30-2-7/
 
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