State v. Jason Ortiz

Syllabus

The defendant, Jason Ortiz, appealed from a judgment of conviction and commitment following a bench trial held in the Superior Court for Providence County. The defendant was charged with one count of carrying a pistol without a license, one count of domestic assault, one count of resisting arrest, and one count of disorderly conduct however, he was convicted only of the charge of carrying a pistol without a license. On appeal, the defendant argued that G.L. 1956 § 11 47 8(a) violates the Second Amendment to the United States Constitution. The Supreme Court held that the defendant did not have the requisite standing to challenge the constitutionality of the licensing statutes, G.L. 1956 § 11 47 11 and G.L. 1956 § 11 47 18, which are expressly referenced in § 11 47 8(a). Moreover, because the defendant would not have qualified for a license had he applied and because it is undisputed that the defendant did not have a license to possess a firearm, the Supreme Court affirmed the judgment of the Superior Court.