Concealed Carry Permits

One of the more contentious issues in arguments for/against greater openness of public records is that of firearms. Generally, those people who have permits to carry weapons prefer that their names be withheld from the public, and those who do not carry weapons want to know the names of those who do. Below are links to press clippings from states where this argument has been particularly vocal. Also see this article from the April 25, 2008 edition of USA Today: States act to shield gun holders.






Michigan

Under Michigan FOIA, the Michigan Court of Appeals and Supreme Court have ruled that the privacy exemption includes the names or addresses of Michigan CCW permits. The Michigan Courts have ruled that most other addresses, such as most public employees and salaries, are open, but reasoned that CCW permits relate to individuals exercising a fundamental right (Second Amendment) and could be considered an "intimate or embarrassing personal" detail of one's life because of the political controversy associated with gun ownership.



New York

A New York newspaper addresses the concerns of some in the community about a FOIL request they filed for concealed carry permits. February 4, 2008

The day after the above article was posted, the North County Gazette wrote a rebuttal with my favorite headline of 2008 (so far): Post-Star Poo Poos Pistol Permit Publishing

The North County Gazette has more to say February 5, 2008: Gun Owners 1, Post-Star 0.

And March 7, 2008: Some Pistol Permit Data Exempted From Disclosure

The latest development: April 4, 2008: Post-Star Fails To Pickup, Pay For Pistol Permit Request



Ohio

On June 24, 2007, the Sandusky Register in Ohio printed a list of 2700 concealed carry permit holders in its circulation area. This set off a firestorm of controversy chronicled here with lots of links.

All Headline News updates the Sandusky story on July 15, 2007.

March 22, 2008: Exception gives press access to records denied to residents Press can see concealed fire arms list but with boundaries.



Oregon

In April of 2008, Jackson County Circuit Court Judge G. Philip Arnold issued an opinion that the list of handgun carriers was a matter of public records. The Jackson County Sheriff's Department has appealed the ruling.



South Carolina

A bill is being considered in South Carolina to close from public inspection the records of those people who have permits to carry concealed guns. This editorial examines why the bill is a bad idea: Don't Close Gun Records, February 13, 2008.

According to the South Carolina Times and Democrat, Gun permits should remain public record, February 26, 2008.

South Carolina could become the 28th state to keep secret the list of people allowed to carry concealed weapons: S.C. in position to cut off public access to concealed carry permits. March 24, 2008

A measure signed into law on April 16, 2008 exempts the identity of gun permit holders from the state's FOIA law. April 18, 2008

Should you have a right to know who is carrying a gun? April 26, 3008

This gun owner doesn't want his address public April 26, 2008

State passes law hiding the identity of South Carolina's more than 61,300 concealed-weapons permit holders April 27, 2008



Tennessee

Tennessee, May 2007: Not So Concealed Anymore

April 3, 2008: Tennessee GOP seeks handgun permit database

March 26, 2008: Legislature weighs closing gun records



Texas

Texas, June 9, 2007: A commentary advocating keeping concealed handgun licenses holders hidden from the public.
Texas, June 2007: Texas seals identity of concealed carry handgun owners



Virginia

As part of Sunshine Week in March 2007, Christian Trejbal of the The Roanoke Times (Virginia) wrote an article that started out:


"Today is the start of Sunshine Week, the annual week in which we reflect on the importance of open government and public records. To mark the occasion, I want to take you on an excursion into freedom of information land. We're going to find out who in the New River Valley has a concealed handgun permit.
I can hear the shocked indignation of gun-toters already: It's nobody's business but mine if I want to pack heat.

Au contraire. Because the government handles the permitting, it is everyone's business."

The Roanoke Times supplemented his article with a complete database of the concealed carry permit-holders in Virginia.

Much controversy ensued, as in My Privacy Has Been Violated. 24 hours after the database was posted on the Roanoke Times website, they elected to remove it.

More on the controversy in Virginia: Should information about concealed weapon permit holders be kept private? October 8, 2007

And some more: Panel OKs bill on gun permits December 4, 2007

Now there is a bill moving through the legislature spurred by gun owners who want to keep the gun-owner database out of the public eye. January 26, 2008

The The VLW blog (The latest news and legal info from Virginia Lawyers Weekly) chimes in with this post: Public records, gun rights at issue. February 4, 2008

February 5, 2008: Senate bill tries to protect concealed-guns information Panel votes to back measure limiting access to database.

February 9, 2008: Some more coverage on the proposed bill to exempt from the public eye concealed carry permits: Data access in gun bill becoming an issue.

February 11, 2008: Looks like concealed carry permits will continue to be available to the public under open records law: Effort to block concealed-carry records from public review falters in Senate.

February 25, 2008: Bill to block public records of Va. gun permits dies

February 26, 2008: Panel kills bill limiting gun-record access



West Virginia

In West Virginia, February 29, 2008: Bill triggers guns-privacy debate

"It's a way of allowing the public to engage in oversight of how the concealed weapons permitting process is working," she said. "The fact that someone has been given a privilege, by a state, to do something that other people are not allowed to do is a matter of public interest and that information should be available."



What do you think?



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