CARMEL — Two state legislators are vowing to press for a law that would make information contained in a pistol permit application confidential and not subject to the state’s open-record laws.
State Sen. Greg Ball, Republican of Patterson, and Assemblyman Steve Katz, R-Yorktown, detailed their intention at a news conference Thursday at the Putnam County Courthouse.
The news conference was the latest response to the intense controversy that has followed the Dec. 23 publication by The Journal News of the names and addresses of pistol permit holders in Westchester and Rockland counties. The information was published in an interactive map on the newspaper’s website, LoHud.com, and accompanied a story about what information was and was not public about gun ownership.
The report has generated a fierce debate over what information should be public regarding gun owners, what ought to remain private and the context in which those decisions should be weighed.
“We have received calls from victims of domestic violence,” Ball said. “We have a Journal News editorial board that has created an interactive map that allows those who seek to harm these people a way to their doorstep.”
The map is not searchable by name, meaning an abusive ex-husband or former partner could not input a domestic violence victim’s name who is a permit holder and find out that person’s address.
Putnam County Executive MaryEllen Odell vowed to fight the newspaper’s open-records request for her county’s database.
“We firmly believe the release would create an unprecedented public safety issue,” Odell said. “I also want everyone to understand that we intend to take this process to the very end, wherever that process leads up to.”
The state Committee on Open Government has said the information is public. It’s stated as such under the penal law covering licensure, which was last amended by the state Legislature in 1994 and now reads “the name and address of any person to whom an application for any license has been granted shall be a public record.”
As of Thursday, there had been no written denial of The Journal News’ request, according to Deputy County Clerk Michael Bartolotti. The county initially told the paper it was compiling the data but would need more time. It estimated there were 11,000 permit holders in Putnam, a county of roughly 99,933 people, according to the U.S. census.
“As I said when this decision was first announced, we’re troubled that county officials have apparently switched their position on releasing the data,” Journal News President and Publisher Janet Hasson said in a statement.
“We take seriously our obligation to serve the residents of Putnam County and will aggressively pursue the community’s right of access to public record information.”
Katz criticized the newspaper for not clarifying why it had released the data.
“The Journal News has really come up with the perfect map for the perpetrators and for the stalkers and for the criminals,” Katz said. “They have yet to give us a cogent reason why, except for the reason that they can. I am sorry — that is not acceptable.”
The Journal News decided to share information about gun ownership in its coverage area after the Newtown, Conn., massacre.
A handful of bills have been introduced in the state Legislature in recent years that would limit access to the information in the gun-permit databases to law enforcement officials. None have become law.
Ball said he intended to work with the sportsman and gun-control caucuses “to try to pull both forces together from a privacy perspective.”
Putnam County Clerk Dennis Sant argued that sunshine laws written 30 years ago never foresaw the online mapping innovations that make it possible to search for a street-view image of the gun-permit holder’s home.
“This has been a very emotional time for this county clerk,” Sant said. “I’ve served here for 35 years. I am a man who follows the rule of law. We are not talking about the rule of law anymore. We are talking about endangering citizens.”
The county’s decision to deny the request could potentially cost its taxpayers.
In 2006, the state Legislature gave courts expanded authority to grant attorneys fees to applicants if the court finds there was “no reasonable basis for denying access,” said Robert Freeman, executive director of the state Committee on Open Government.
The city of Albany in 2012 was ordered to pay $70,000 to the Times Union for refusing to release information involving parking tickets.
A 1981 decision by the state Court of Appeals, New York’s highest court, upheld the right of The Wall Street Journal to obtain gun-ownership data.
“There are times when just saying ‘No’ doesn’t work,” Freeman said. “Anybody has the right to do what The Journal News has done.”
The Journal News is not the first newspaper that has faced withering criticism for posting — or even just seeking — pistol permit data.
In 2008, the Glens Falls Post-Star was deluged with emails, letters and calls after its request for an upstate county’s database was leaked.
Post-Star Editor Ken Tingley said he was surprised by the response, particularly because the paper had sought the information only as part of a larger exercise in seeking databases subject to open-records laws.
The paper never had any specific plans to publish the gun-permit data, he said. It never did.
In Virginia, a 2007 report in The Roanoke Times prompted the state to enact a law barring access to the statewide database, though records have remained available at the circuit courts where they were issued.
A spokesman for the nonprofit Reporters Committee for Freedom of the Press said keeping open the gun-permit database and others like it serves the public interest.
“I think that it’s important that any time the government is in the business of licensing individuals in any way, that the public has some oversight on that,” Freedom of Information Director Mark Caramanica said, “to make sure people who are not entitled to possess firearms are not being granted that right.”