NEWS MEDIA UPDATE Nevada · July 9, 2010 · Freedom of information
Nevada high court says portions of gun permit records public
Keywords: Concealed Weapons; Gun records
Nevada's high court has ruled that the identities of concealed gun permit holders and records related to the permit's current status are public records under state law despite an exemption that makes the application for a permit confidential.
|
|
Though applications for a concealed-carry permit are exempt from disclosure under the Nevada Public Records Act, the court ruled on July 1 that the exemption did not include every detail related to a granted permit, including the name of the permit holder and whether or not the permit had been investigated, revoked or suspended. The court said the records could still be subject to redaction, however, if they contain confidential information otherwise exempt from disclosure such as information taken from the original permit application or the pre-permit investigation process.
“We conclude that the identity of the permittee of a concealed firearms permit, and any post-permit records of investigation, suspension or revocation, are not declared explicitly to be confidential,” wrote Justice James Hardesty in the unanimous opinion.
The case stemmed from a dispute between the Reno Gazette-Journal and the Washoe County Sheriff’s Office over whether records related to Nevada Gov. Jim Gibbons’ concealed firearms permit must be released under the state's open records law.
The Gazette-Journal in March 2008 requested records related to the governor’s gun permit after learning that it had allegedly been revoked based on inaccuracies in the application that he submitted. Sheriff Mike Haley denied the newspaper's request, claiming that the records were exempt under a provision in the state public records law that expressly designates concealed gun permit applications as confidential. When a lower court ruled that “the entirety of the post-application records” were exempt under the law, the newspaper appealed.
In overturning that decision, the high court relied heavily on the fact that “Nevada's concealed firearms statutes repeatedly recognize a difference between an applicant and a permittee,” and that the statute contains a presumption of openness, whereas exemptions must be construed narrowly.
“If the Legislature had intended post-application information about a permit's status to be confidential, it could and would have stated that, but it did not,” Hardesty wrote.
The court disagreed with the argument that all records related to a concealed firearms permit are necessarily confidential because they are derivative of the original application made private under the law.
“The Nevada Public Records Act addresses this situation and recognizes that public documents may contain confidential information,” Hardesty wrote. “In the event that public records contain confidential information, the Legislature has provided that the records should be redacted and the remaining document open to inspection.”
The high court sent the case back to the lower court and ordered it to redact the information considered private under the public records law -- including the confidential application material -- instead of denying access to every record related to the permit.
— Miranda Fleschert, 4:31 pm
Copyright 2010 The Reporters Committee for Freedom of the Press.
Comments: (14)
Comment by Firearms Permt Holder, Tue, Jul 20, 2:34am
Wonderful...now all of the criminals who cannot purchase firearms will know just where to go to steal one. We took the necessary training and complied with the law in order to make our homes and persons safe and secure. Now that information is being used to tell everyone where firearms are located. Not too bright.
Comment by Major Doug Parsons, Ret, Tue, Jul 20, 11:46am
Nice Going Dummies. WHat a good bunch of hippocrits you are. You are not any better in judgement than the common criminals. Tell your local ALCU to stick it up their arses.
Comment by Another holder, Tue, Jul 20, 11:59am
That is why I refer to that rag as the "gag me urinal". Now watch the Brady group try to extract and publish the names and addresses of all the holders. Wonderful. Socialism is alive and taking over.
Comment by Firearms Permit Holder, Tue, Jul 20, 5:04pm
Since the High Court, the ACLU and the RGJ are so intent on making permit information public, I think that the names, addresses and phone numbers of the members of the HC, the ACLU and the RGJ should all be made public so they can see what it like to be left hanging in the wind!
Comment by John, Tue, Jul 20, 5:05pm
Boycott RGJ!
Comment by Shame on the RGJ, Tue, Jul 20, 7:09pm
>the names, addresses and phone numbers of the members of the HC, the ACLU and the RGJ should all be made public.
Absolutely. Can we start with the reporter, and his bosses, that made the request. It is only fair.
Won't spend another dime on a RGJ paper. Shame on them.
Comment by FU-RGJ, Wed, Jul 21, 2:57pm
Can we file a class action suit against RGJ????? Let's get angry and fight back!!!
Comment by Mike, Wed, Jul 21, 6:20pm
I will never buy this paper again
Comment by JFComfort, Thu, Jul 22, 6:24pm
Wow, pure idiots! Why would that information be public?
Comment by Open carry, Sat, Jul 24, 1:52am
I believe this only applies to concealed weapons. Nevada is an open carry state. Other than basic registration you can keep them in your home, car, and openly carry. Declare them in the presence of law enforcement and and you're good to go.
Comment by NRA maybe, Mon, Jul 26, 3:02pm
as a permit holder, i received the letter from the Sheriff Office! Not happy about RGJ and names of permittees being public. It seems to me the only organization that protects the 2nd with significant resources is the NRA. I will write a letter to them, if all of the permittees write to the NRA we will get this reversed. Instead of being angry, we should find a solution and do it.
Comment by Contact NRA, Mon, Jul 26, 3:58pm
You can contact the NRA via mail at the following address:
National Rifle Association of America
11250 Waples Mill Road
Fairfax, VA 22030
#
You can contact the NRA via phone at:
NRA Member Programs
1-800-672-3888
Comment by Zack, Tue, Jul 27, 3:25pm
The NRA is the largest gun control lobby in Congress, they won't help you. The NRA supported the Brady Registration campaign and supports all the new safety manufacturing regs. Like you cannot buy a new 1911 anymore, they don't make the 1911 anymore because of these stupid safety devices that the NRA sponsors. In fact, Congressmen like Ron Paul, who don't support the NRA gun control sponsored legislation, get their rating lowered.
I know that makes alot of people mad to hear that, but it's 100% true. The GOA is the only true anti-gun control entity.
Comment by american citizen, Tue, Aug 17, 8:03am
if you have an event where someone breaks into your home or attacks you elsewhere, especially since permit holders are always taught to be ....AWARE.... of what is going on around them.......and you need to use your gun.....contact your lawyer afterwards, and have him or her file a lawsuit naming the reno gazzette AND THE REPORTER THAT DID THE STORY...... COMPLICIT.... in the crime......if they did not do what they did and PRINT THE NAMES , you probably would not have been attacked.LET'S SEE HOW A BUNCH OF LAWSUITS HIT THEIR BOTTOM LINE.
ALSO TO ALL PERMIT HOLDERS YOUR LEVEL OF AWARENESS WILL HAVE TO BE ON ALMOST CONSTANTLY .....NOW THAT THE NAMES ARE GOING OUT.
LET'S FACE IT A LOT OF CRIMINALS WHO MAY WANT TO TAKE A PERMIT HOLDERS GUN ARE NOW GOING TO GET ...................SHOT..................!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
maybe the gazette wants to reduce the criminal population
Submit a comment
• RSS feed
News categories:
News keywords: