Ruling on access to ccw records (Ohio)

Status
Not open for further replies.

gunsmith

member
Joined
May 8, 2003
Messages
5,906
Location
Reno, Nevada
This thread (which isn't getting the traffic it deserves)
http://www.thehighroad.org/showthread.php?t=316549
Got me thinking about earlier fights we have had, so I googled and found.
http://www.tribune-chronicle.com/News/articles.asp?articleID=24814
State clarifies access to gun records

By CHRISTOPHER BOBBY Tribune Chronicle

WARREN — News reporters can memorize the names of concealed gun permit holders and publish those names, but reporters can’t write down or record those names in any fashion, according to an Attorney General’s opinion received Tuesday by Trumbull Prosecutor Dennis Watkins.

Watkins asked Attorney General Marc Dann for the opinion in September after a new provision was installed in the state’s open records law.

Watkins admitted he doesn’t see anyway to limit a reporter gaining the information and memorizing the material and publishing it.

‘‘The opinion doesn’t address that and I’m not suggesting limiting anything the reporters or newspapers publish,’’ Watkins said.

Trumbull County Sheriff Thomas Altiere had asked Watkins how his office should proceed with releasing the names of concealed carry gun permit holders to journalists.

Watkins advised the sheriff — and Dann’s office affirmed — the law prohibits journalists ‘‘in any manner of copying the information,’’ which is the permit holder’s name, birth date and county where he or she received the permit or had their license suspended or revoked.

‘‘While I have been an advocate of free and open discourse with, and access by, the press, I am compelled to advance this approach,’’ Watkins wrote in his request to Dann.

Watkins said Tuesday he understands that reporters can’t copy the information supplied by the sheriff, including writing it down, copying it, making an audio recording or photographing the information.

‘‘I appreciate the opinion and getting it quickly. The opinion actually mirrors what I advised the sheriff and the way I interpreted the law,’’ Watkins said.

Watkins originally said he had concerns of criminal or civil penalties or private legal action against Sheriff’s Office employees who release the information based on the law not defining what constitutes a release of the information.

The amendment to Ohio’s concealed carry law became effective in September.

[email protected]

ok, so they can't record it...but if they publish it we have to turn the heat on fast!
 
Interesting

Now, if we could just get a lawyer to agree that "printing that information in a news column" is actionable. Is there a lawyer in the house?
 
In Texas as of 2007, CHL holder information is private; only government and law enforcement agencies may access it, and you will be notified. Private individuals and entities cannot learn you are a CHL unless you volunteer that information yourself. Possession of CHL information by a private party is prima facie evidence that it was obtained illegally, so the party in possession must prove the information was obtained directly by the CHL holder who gave it freely, or was in their possession before passage of the law (in other words, you pretty much have to have a signed notarized statement to that effect).
 
lol you can publish those names as long as you don't record those names. Once again the courts have spoken with both consistency and clarity. :barf:
 
lol you can publish those names as long as you don't record those names. Once again the courts have spoken with both consistency and clarity.

Um... maybe I'm dense, but how does one publish something without generating a record of it?
 
Status
Not open for further replies.
Back
Top