Case 1:14-cv-00337-M-LDA Document 1

Case 1:14-cv-00337-M-LDA Document 1-6 Filed 07/23/14 Page 1 of 4 PageID #: 48
Exhibit F
Case 1:14-cv-00337-M-LDA Document 1-6 Filed 07/23/14 Page 2 of 4 PageID #: 49
Counsellors At Law
Two Williams Street
(at South Main Street)
Providence, Rhode Island 02903-2918
Michael A. Ursillo*
Andrew M. Teitz,
Scott A. Ritch*
Tel (401) 331-2222
Fax (401) 751-5257
[email protected]
Nancy E. Letendre, AICP*
Christina M. Senno*
Troy L. Costa
Admitted in RI', MAT, CTt
November 21, 2013
Matthew Louis Fabisch, Esq.
Fabisch Law
875 Centerville Road — Bldg. 1 - Suite 9
Warwick, RI 02886
Re: Jarren Gendreau v. Josue D. Canario
SU 13-0055
Dear Attorney Fabisch:
It is unclear as to whether you ever received a copy of Chief Canario's October 16, 2013
letter to your client in compliance with the Order of the Rhode Island Supreme Court.
Consequently, I am enclosing a copy for your information.
Yours sincerely,
Michael A. Ursillo
Josue D. Canario, Bristol Chief of Police
S:BristoIlLaigationIGendreau, Appeal to Supreme CourtFabisch Itr 11-21-13.wpd
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TELEPHONE (401) 253-6900
Chief of Police
October 16, 2013
Mr. Jarren R. Gendreau
627 Wood Street, Apt. 2
Bristol, RI 02809
Dear Mr. Gendreau:
As you are aware, the Rhode Island Supreme Court has issued an order directing me to
issue a new decision on your application to set forth the findings and conclusions upon which my
decision is based in accordance with R.I.G.L. §11-47-11 (a).
That statute reads, in pertinent part, "[t]he licensing authorities of any city or town shall...
issue a license or permit ... if it appears that [an] 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 ..."
Relying on that language, my decision to deny your application for a concealed gun
permit is based upon the following:
1. In reviewing the transcript of the hearing before the review board, although you
testified that you collect multiple firearms and that they are "worth money" and
"they have value and, of course, you don't want them falling into the wrong
hands" there was never any convincing testimony as to you having "good reason
to fear an injury to 'your' person or property." Trans. at pp. 1-2. You did not
testify that you were ever threatened by any individual or that you were ever in a
situation where you believed that someone would attempt to take your guns or
injure you in order to obtain them. Although you testified that "I like to protect
myself when purchasing new firearms and transporting these high value items to a
bona fide shooting range" (Trans. at p. 3), there is no indication that you were in
fear of injury simply because you own firearms and you transport these firearms.
You simply re-stated the language of the statute near the conclusion of your
testimony when you stated that you did not have to show "need" and that "I think
it's fair to say I [have] reason to believe that during such activities I run the risk
[of] great bodily harm ..." Trans. at p. 8. Your testimony does not allow me to
find that you had "good reason" to fear such an injury.
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2. The statute provides a second reason for granting a permit which is "any other
proper reason for carrying a pistol or a revolver." You indicated that you were
seeking employment in Massachusetts that would require you to obtain a
concealed weapon. Trans. at pp. 7-8. However, you were asked to produce a
letter from an employer requiring you to hold such a permit if, in fact, you obtain
such employment.
You stated that at the present time, your job does not require you to carry a
firearm because it is an "unarmed" position. You then go on to indicate that you
are "building all this for my resume, so when an armed position opens up, I'll be
prepared." Trans. at p. 6. You were then asked whether or not there were
armed positions at General Dynamics in Taunton, where you are working, and you
indicated that not at that location "but it's top secret security clearance, like it's a
secured facility. So like I said, it's just building my resume." Trans. at p. 7.
There is nothing before me to indicate that you actually obtained a job in the
Commonwealth of Massachusetts and that as a condition of that employment, you
must have a concealed weapon.
Consequently, you have not satisfied the second prong of the statute to be entitled
to a concealed weapon permit for "any other proper reason."
In the event that you do become employed in a job which requires a concealed weapon
permit and proof of the same is provided to me, I will reconsider a new application at that time.
I have copied counsel with this letter so that it may be brought to the attention of court
Chief of Police
cc: Michael A. Ursillo, Esq.
Matthew L. Fabisch, Esq.