Should concealed-gun information be public?
State to consider access to concealed weapon permits.
BY CHELYEN DAVIS
RICHMOND -- A state committee will study whether concealed weapon permit information should remain public record after a Roanoke newspaper ignited controversy by posting on the Internet a list of permit holders.
The Virginia Freedom of Information Advisory Committee yesterday decided to appoint a subcommittee to investigate the issue over the next few months.
The controversy started just last week when the Roanoke Times published, on its Web site, a list of all concealed-weapon permit holders in the state.
The list came from the state police, which is required by law to maintain that list, but the information is also subject to the Freedom of Information Act and is public record.
After numerous furious e-mails and phone calls from the public, the Roanoke Times took the list off its Web site. But Sen. Edd Houck, D-Spotsylvania County, said he was already getting calls and e-mails, particularly from other state legislators, who want to consider changing the law.
"There's a clash here between personal, private information and the public's right to know," Houck said after the FOIA council meeting yesterday. "It's a hot topic right now and a lot of people are very anxious about it. It's opened up all types of other issues."
Few people came to speak at the council's meeting yesterday, although Del. Dave Nutter, R-Christiansburg, spoke and said he has requested an opinion from the attorney general on the issue.
Jim Kadison of the Virginia Citizens Defense League--a gun-rights organization--said his group is concerned about "possible abuse" of the list. He suggested creating a list of permit-holders for police and then a separate, public one that permit holders could opt off of.
Houck, who chairs the council, said he will also chair the subcommittee that will study this issue. He is worried that the issue may open the door to those who would like to see Virginia eliminate its permit requirement for a concealed weapon altogether, and said he wants to keep the focus on the public information issue.
However, Houck said, he also thinks consistency is important, and he pointed out that the rules governing the openness of concealed carry permits is no different than the rules governing other state permits--like doctor's licenses.
The Free Lance-Star periodically publishes the names of Fredericksburg area permit holders when the permits are issued.
The entire FOIA council will meet again in June.
Chelyen Davis: 804/782-9362
Email: [email protected]
State advisory council to examine privacy of handgun permit list
The Virginia Freedom of Information Advisory Council will study whether it can restrict access to the list of people with concealed-handgun permits.
By Michael Sluss
(804) 697-1585
RICHMOND -- A state advisory council will examine the possibility of restricting access to information about Virginians who are licensed to carry concealed handguns, responding to a controversy sparked by The Roanoke Times.
The Virginia Freedom of Information Advisory Council on Monday created a subcommittee to study the protection of "personal identifying information." Among other things, the group will consider the merits of allowing public access to a state police database listing the names and addresses of every Virginian with a permit to carry a concealed handgun.
"This group has got some good public policy work cut out for it," said state Sen. Edd Houck, D-Spotsylvania County, the chairman of the council.
The council is made up of state legislators, government officials, media representatives and citizens.
The Roanoke Times ignited a firestorm last week when it posted the database on its Web site along with a column by editorial writer Christian Trejbal. The newspaper removed the database from its site the following day, but continues to receive criticism for posting the information.
Del. Dave Nutter, R-Christiansburg, has asked for an attorney general's opinion on whether the state police should provide such information. That opinion and the advisory council's work could pave the way for legislation that would restrict access to the data.
Nutter told the council that he hopes to "find a middle ground that, bottom line, prevents a list like this from being put out in the public domain."
"It doesn't mean it wouldn't be available in other places," said Nutter, who later noted that the information still could be obtained from city and county circuit court clerks.
Jim Kadison, a member of the Virginia Citizens Defense League, said the advisory council should focus on preventing "abuse of the list" without restricting all public access to the data. The VCDL has requested the state police data through the Freedom of Information Act and has used it to identify potential members, Kadison said. Kadison raised the idea of allowing permit holders to have their names removed from lists provided to the public.
Since February 2005, the Department of State Police has received 17 requests under FOIA for lists of Virginians with concealed-handgun permits, according to information the agency released at The Roanoke Times' request last week.
Four of those requests came from political organizations, including one each from the state Democratic and Republican parties. Four came from newspapers, three came from VCDL and one came from Republican Del. Scott Lingamfelter of Prince William County.
The Virginia Freedom of Information Council has previously held that the gun permit list is a public record. In a 2001 advisory opinion, the council's executive director, Maria Everett, wrote that "no specific statutory exemptions" apply to the list. The opinion was issued in response to a Chesterfield County permit holder who had received solicitations and political mailings addressed to "Virginia Gun Owner" and "Concealed Handgun Permit Holder."
Virginia and 16 other states treat information about concealed-handgun permit holders as a public matter, according to the Reporters Committee for Freedom of the Press.
Houck said the advisory council must weigh the public's interest in accessing the information against the privacy concerns of permit holders.
"I really think it's a classic example of when two fundamental rights are bumping up against each other," Houck said.
Staff writer Laurence Hammack contributed to this report.
VCDL
That's why I joined last Saturday - if you're in VA and you haven't joined, then join!
They do an awful lot with those small numbers - imagine what they would be doing if they had all of the CHP holders, let alone the non CHP pro-2nd crowd.
Why are you holding us liable for this ad?
I appreciate all that the VCDL has been doing to resolve this issue. However, as long as the VCDL maintains its stand against Smith & Wesson I will not join.
I will take another look at VCDL. I must say it really bugs me to see them at gun show saying boycott any gun manufacturer. I think this does them more harm than they could ever imagine. The first time I saw them at a gun show I thought they had actually let some left wing anti gun group into the show. I was quite shocked to learn it was VCDL. When I tried to talk to them about their stance they got borderline belligerent and kept spouting the same old story over and over which is typically a sign that someone really doesn’t know what they are talking about, they are just repeating what they’ve been told. You see this a lot from Democrats. I looked at the articles you referenced tinygnat219 but just like everything that is referenced about Smith & Wesson it is a lot of The Sky is Falling and this is going to happen. The newest of the Articles was from 2001. Show me something that actually happened. I see a lot of we’ll wait and see with no follow up. That would tell me that the Sky is Falling attitude was an overreaction. I do see your point about the VCDL doing a lot of good. I can agree with that. I am a Benefactor Member of the NRA and they do some things that I do not agree with. However they don’t do anything that is totally against the values they stand for, such as trying to put gun manufacturers out of business. It just doesn’t make sense to me. To me it’s kind of like a church saying we are going to worship God 6 days a week but on the 7th we are going to worship Satan. It just doesn’t add up. Just my 2 cents. Sorry for getting off topic.
March 21, 2007
To: Christiansburg, VA Police Department
Dear LT Mark Sisson, Chief Brumfeld:
I am making a request under the Virginia Freedom of Information Act (§2.2-3700, et seq.).
This FOIA Request is in reference to the "suspicious package" incident at Christian Trejbal's home on 13 March 07. The information I request for this incident is as follows:
-A copy of the 911 Call, either cassette tape, or other electronic copy (like an MP3)
-A transcript of the 911 Call
-A copy of any and all witness statements, and police reports
-A transcript of any conversation or E-mails between the Christiansburg PD, the Christiansburg Fire Department, and the VA State Police Bomb Squad
Pursuant to the Act, I request that within five working days you (a) provide me with all the records I request; (b) if the records are exempt from disclosure, identify which records are going to be withheld pursuant to which specific Code provision; or (c) if the records will be provided in part, identify which records are being withheld pursuant to which specific Code provision, and release the remaining, nonexempt records to me.
If it is not practically possible to provide the records within five working days, please notify me that you will need an additional seven working days, as provided in the Act.
As provided by FOIA, please provide an estimate of the costs of meeting my request before undertaking the task. Also, an acknowledgement of receipt of this request would be appreciated.
If you have questions concerning my request, please contact me at (Phone deleted) so that we can work something out.
Please be advised that I am prepared to pursue whatever legal remedy necessary to obtain access to the requested records.
I look forward to your response.
Sincerely,
TJ Parmele