Peter Montaquila v. Peter F. Neronha, in his official capacity as Attorney General of Rhode Island, et al.

Summary

The Rhode Island Supreme Court reviewed the Attorney General’s denial of Peter Montaquila’s application to renew a concealed- or open-carry license. The Court held that the denial was not supported by legally competent evidence, including because the Attorney General relied on information concerning a dismissed and sealed arrest and on Montaquila’s omission of the word “brandished” from his account. The Court set aside the decision, quashed the denial, and directed the Attorney General to renew the permit; a dissent would have upheld the denial.

Holdings

1. Section 12-1-12 does not require destruction of all records; the statute's clear language does not support the petitioner's broad interpretation.
2. The Attorney General's decision was not supported by legally competent evidence because the omission of the word or fact of brandishing from Montaquila's application, without other supporting evidence or rationale, was at most mere scintilla.
3. The issue was waived because Montaquila's Rule 12A statement did not adequately analyze the asserted violation.
4. Remand for further fact-finding was unnecessary; the court set aside the decision, quashed the denial, and directed the Attorney General to renew Montaquila's concealed-carry permit.

Questions Presented

1. Whether Rhode Island General Laws § 12-1-12 required destruction of all records related to Montaquila's dismissed arrest.
2. Whether the Attorney General's reliance on the incident report and Montaquila's omission of the firearm-brandishing allegation constituted legally competent evidence supporting denial of his license-renewal application.
3. Whether the appropriate remedy was remand for further fact-finding or setting aside the denial and directing renewal of the permit.
4. Whether Montaquila's claim that the Attorney General violated the sealing order by offering to disseminate the sealed record was waived.

Disposition

quashed