Lawsuit Planned to Challenge RI Magazine Bill

Lawsuit Planned to Challenge RI Magazine Bill

A potential lawsuit over gun legislation approved in the Rhode Island General Assembly is in the works.

This week, the Rhode Island Senate approved the House bill to ban extended magazines, and lawyers Michael Kelly, Dane Ardente, and Thomas Romana have put members of the House of Representatives on notice that on behalf of clients, they will challenge the ban. 

“We write to you on behalf of our clients, as well as concerned attorneys of this State, with extreme concerned regarding the [vote] on 1)House Bill No. 6614; 2) House Bill No. 7358; and 3) House Bill No. 7457,” they wrote.

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“These Bills are extremely over-encompassing with penalties that are so draconian as to essentially have the effect of dissuading citizens from exercising their constitutional rights due to fear of being incarcerated for violating laws implemented that one could theoretically violate by accident without even knowing,” they continued. 

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Kelly spoke with GoLocal regarding the letter — and plan to take action. 

"The Senate acted [Tuesday] night without much notice. If the bill is signed into law, we are planning to proceed with a lawsuit to challenge [its] constitutionally," Kelly told GoLocal. "Yes, there are states with similar bans, but the big problem is it basically that it’s taking the magazines that are currently owned by law-abiding citizens."

"There’s a case out of California that started in district court that [challenged] a similar piece of legislation that bans the possession of these kinds of magazines, that has gone to the Supreme Court — I think there’s a great chance that law will be overturned," said Kelly.