Guide Compare Tool

Comparing: K. Gun permits.

Alabama

Copies of pistol permits kept in the sheriff's office are public records. Op. Att'y Gen. Ala. No. 2002-227, 2002 Ala. AG LEXIS 140 (May 8, 2002); 223 Op. Att'y Gen. Ala. 16 (Apr. 18, 1991).

Alaska

Concealed Handgun Permits. The list of concealed handgun permittees, and all applications, permits and renewals are not public records, and may only be used for law enforcement purposes. AS 18.65.770.

Arizona

Information and records maintained by the Department of Public Safety on applicants for a concealed weapon permit, permit holders, and instructors “shall not be available to any other person or entity except on an order from a state or federal court.”  A.R.S. § 13-3112(J).

Arkansas

Records concerning “the issuance, renewal, expiration, suspension, or revocation of a license to carry a concealed handgun” for both current and past licensees are exempt from the FOIA. Ark. Code Ann. § 25-19-105(b)(19). However, the name and zip code for an applicant, licensee, or past licensee “may be released upon request by a citizen of Arkansas.” Ark. Code Ann. § 25-19-105(b)(19)(C).

California

Licenses and applications to carry firearms are public.  CBS Inc. v. Block, 42 Cal. 3d 646, 652-53, 725 P.2d 470, 230 Cal. Rptr. 362 (1986).   However, certain information contained in the application is expressly exempt.  Cal. Gov’t Code § 6254(u)(information indicating when and where applicant is vulnerable to attach, information concerning applicant’s mental health, home address and telephone number of judicial officer or peace officer set forth in the application and license is exempt).  Section 6254(u) requires the licensing agency to segregate exempt from non-exempt material. See Cal. Gov't Code § 6257.

Colorado

(This section is blank. See the point above.)

Connecticut

In 1994, the Connecticut legislature passed Conn. Gen. Stat. §29-28(d), making the names and addresses of people with permits to sell and carry pistols and revolvers exempt from FOIA. Prior to the enactment, the Connecticut Supreme Court ruled in Superintendent of Police v. FOIC, 222 Conn. 621, 609 A.2d 998 (1992), that municipal pistol permits and all information contained therein are public records not "similar" to medical or personnel files so as to be exempt from disclosure under Conn. Gen. Stat. §1-210(b)(2).

The name and address of a person issued a certificate of possession of an assault weapon are likewise exempt from disclosure under FOIA. Conn. Gen. Stat. §53-202d. Both statutes contain exceptions allowing law enforcement agencies and the Commissioner of Mental Health and Addiction Services to access the information. Conn. Gen. Stat. §29-28(d) also permits the disclosure of such information to the extent necessary to comply with a request for verification that a permit is valid and not suspended or revoked.

Delaware

Records identifying individuals holding concealed weapons are exempt. 29 Del. C. § 10002(g)(1).

District of Columbia

The privacy exemption, § 2-534(a)(2) or the investigatory records exemption, § 2-534(a)(3), may apply. See Washington Post Co. v. Metro. Police Dep't, FOIA App. No. 92-5 (Sept. 24, 1993) (refusing to disclose on privacy grounds names and addresses of registered gun owners, but agreeing to release information regarding licensed gun dealers because corporations have no privacy interests).

Weapons dealers must be licensed under the District's business licensing system to sell firearms, see D.C. Code § 22-4510. Under § 2-534(a)(11), information submitted to the Business License Center, such as applications for business licenses, is exempted by the D.C. Act. A person, however, may be provided with information submitted to the Business License Center for one registrant based upon the submission of either the name or address of the registrant; persons are limited to one such request per day. Federal Employer Identification numbers and Social Security numbers shall not be released except if requested by a law enforcement agency or directed by court order.

Florida

Florida law places significant limits the disclosure of firearm ownership records.  In 2006, the Florida Legislature enacted Fla. Stat. sec. 790.0601 (2006), which outlines a public records exemption for concealed weapons.  Under section 790.0601, personal identifying information of an individual who has applied for or received a license to carry a concealed weapon or firearm is confidential and exempt from disclosure under Fla. Stat. sec. 119.07 and Article I, sec. 24(a) of the Florida Constitution, which give every person the right to inspect and copy public records.  Disclosure of such information is permitted, however, when (1) the applicant or licensee has given his or her express written consent, (2) a court orders disclosure upon a showing of good cause, or (3) a law enforcement agency requests disclosure in connection with the performance of its lawful duties.  Fla. Stat. sec. 790.0601(2). 

            Florida law also prohibits the state from maintaining a list, record, or registry of privately owned firearms or law-abiding firearm owners.  See Fla. Stat. sec. 790.335(2) (2006); see also Fla. Stat. sec. 790.065(4) (2008) (prohibiting the state from maintaining records of the names of approved firearm purchasers or transferees or records of firearm transactions and deeming criminal record checks created by the Department of Law Enforcement confidential, exempt from the provisions of Fla. Stat. sec. 119.07(1), and barred from disclosure).  Section 790.335, which was enacted in 2004 and amended in 2006, explains the legislative intent underlying the statute: such records are not tools for law enforcement or for fighting terrorism, but rather can become instruments of profiling, harassment, or abuse of law-abiding citizens who choose to exercise their right under the Second Amendment of the United States Constitution to keep and bear arms.  Fla. Stat. sec. 790.335(1)(a).  Florida law does, however, set forth several exceptions permitting disclosure.  Section 790.335(3) allows, for example, the keeping of records of firearms used in the commission of a crime, records relating to persons convicted of a crime, and records of firearms reported stolen.  Additionally, both section 790.335(3)(d) and section 790.065(4)(b) permit the maintenance of records pursuant to federal law. 

Note, however, that both section 790.0601 and section 790.065 will be repealed in the near future unless the Florida Legislature takes further action.  Specifically, section 790.0601 is subject to the Open Government Sunset Review Act, Fla. Stat. 119.15, and will be repealed on October 2, 2011, unless reenacted by the Legislature, and section 790.065 provides that it will be repealed effective October 1, 2009.

Georgia

The Act is not applicable to gun permit information.  O.C.G.A. 50-18-72(d).

Idaho

Idaho Code § 9-340A(2) provides that material in Court files that may otherwise be exempt from disclosure is not exempt "to the extent that such records or information contained in those records are necessary for a background check on an individual that is required by federal law regulating the sale of firearms, guns or ammunition." Once a permit is issued, however, it is open to the public.

Hawaii

The names of individuals who are licensed by the Honolulu Police Department to carry concealed firearms are not a matter of public record. Names of Individuals Who Are Licensed to Carry Concealed Firearms, OIP Op. Ltr. No. 95-18 (July 28, 1995). The OIP has opined that the identities of such licensees are protected under Haw. Rev. Stat. § 134-3 which requires registration data that would identify the individuals registering firearms be kept confidential and under Haw. Rev. Stat. § 92F-13(4) which protects disclosure of government records pursuant to state law. Id.  Similarly, the OIP has opined that firearm permit information that identifies an individual permit by name or address is protected under Haw. Rev. Stat. § 134-3.  Firearm Permits, OIP Op. Ltr. No. 07-01 (Feb. 1, 2007).  Other permit information that could reasonable identify the individual permit holder, such as the individual’s social security number, fingerprints, and photograph, should also be segregated and withheld under the UIPA’s frustration exception, Haw. Rev. Stats. § 92F-13(3) to maintain the confidentiality of the individual’s identity.  Id.  The Honolulu Police Department may generally withhold information that allows the identification of individuals who have been denied permits, as well as those who did not apply for a permit, who did not complete the application process, or who were granted a permit, but allowed it to lapse without acquiring a firearm.  Id.

Illinois

Closed. See House Bill 3500. 

Indiana

Under Ind. Code § 35-47-2-3(l), applications for gun permits and the permits themselves are confidential, except for law enforcement personnel seeking to determine the validity of a license to carry a handgun, or to persons conducting journalistic or academic work, but the only if all personal identifying information is redacted.

Iowa

There is no specific statutory provision covering gun permits, and there are no reported cases.  However, there are also no statutory provisions in § 22.7 providing for confidentiality.  Under a prior statute governing issuance of permits, the Sheriff had no duty to maintain weapon permit justification forms or to make them available for copying under Iowa Code § 22.2 of the open records law, nor was he prohibited from returning application forms to applicants after the applications had been considered; although sheriffs carry out the duties of issuing and revoking firearm permits under Iowa Code § 331.653, the duty to keep such records is assigned to the commissioner of public safety by Iowa Code § 724.23. Clark v. Banks, 515 N.W.2d 5, 1994 Iowa Sup. LEXIS 85 (Iowa 1994).

Kansas

No applicable law.

Kentucky

A record that lists the names of every individual in the Commonwealth of Kentucky who is licensed to carry a firearm is open to public inspection in the form of a hard copy. Ky. Rev. Stat. 237.110(8). The list may not contain any identifying information other than names. Id.

Louisiana

(This section is blank. See the point above.)

Maine

All applications for a permit to carry concealed firearms and documents made a part of the application, refusals and any information of record collected by the issuing agency during the process of ascertaining whether an applicant is of good moral character and meets the additional requirements of state law are confidential and may not be made available for public inspection or copying.  The applicant may waive this confidentiality by written notice to the issuing authority. All proceedings relating to the issuance, refusal or revocation of a permit to carry concealed firearms are not public proceedings, unless otherwise requested by the applicant.  25 M.R.S.A. § 2006.

The list of permits to carry concealed firearms and information contained in the permits is a public record.  25 M.R.S.A. § 2006.

Maryland

There is no statutory or case law addressing this issue.

Massachusetts

The Public Records Law contains an independent provision expressly prohibiting the release, by the state or any licensing authority, of information “divulging or tending to divulge” names and addresses of individuals who own, possess, or are licensed to carry firearms.  G.L. c. 66, § 10(d). See also G.L. c. 140, §§ 1210131P (discussing sale of firearms).  Thus, a request for firearm records of a specific individual would be denied in its entirety, as there is no other way to shield the individual’s identity.  Where there is a request, not specific to a particular individual, for other material relating to firearm applications or identification cards, the custodian may redact identifying details (exemption (j)), social security numbers (exemption (c)) or CORI information (exemption (a)), but normally may not withhold the material entirely.  

Michigan

Not specifically addressed.

Minnesota

All data pertaining to the purchase or transfer of firearms and applications for permits to carry firearms which are collected by state agencies, political subdivisions or statewide systems are classified as private. M.S.A. 1387(c)2.

Mississippi

Closed for a period of 45 days from issuance or denial of a permit. § 45-9-101(8).

Missouri

Records of permits are closed to the public. Mo.Rev.Stat. §  571.093.

Montana

Open unless the demands of individual privacy clearly exceed the merits of public disclosure.

Nebraska

Information concerning an applicant or permitholder under the Concealed Handgun Permit Act is not public record.  Neb. Rev. Stat. §69-2444.

Nevada

Supreme Court held that identity of the permittee of concealed firearms permit, are public records open to inspection, unless the records contained information that was expressly declared confidential by statute making applications for concealed firearms permits confidential. RenNewspapers Inc. v. Mike HALEY, Washoe County SHERIFF, 234 P.3d 922(2010)

New Hampshire

(This section is blank. See the point above.)

New Jersey

The licenses/permits are public records but they are not open to inspection. They are exempt from disclosure by attorney general regulations.

New Mexico

According to Section 14-2-1(A)(2), NMSA 1978, permits are exempted from the general right to inspect public records.

New York

According to the express terms of N.Y. Penal Law §  400.00(5), "the name and address of any person" who has been granted a pistol permit license "shall be a public record." See Sportsmen's Ass'n v. Kane, 178 Misc.2d 185 (Nassau Co. Sup. Ct., 1998) ("it is clear that the Legislature intended only the name and address of the [pistol permit] licensee to be a public record"), aff'd, 266 A.D.2d 396 (2d Dep't 1999).

North Carolina

Permits for handguns and other weapons issued by sheriffs pursuant to G.S. § 14-402 through 14-405 and pursuant to Article 54B of the General Statutes (G.S. §§ 14-415.10 through 14-415.24) are public records.

North Dakota

Information collected from an applicant for a license to carry a firearm or dangerous weapon concealed is confidential. N.D.C.C. § 62.1-04-03(8).

Ohio

Records related to the issuance, renewal, suspension, or revocation of a license to carry a concealed handgun are not public records.  Ohio Rev. Code § 2923.129(B)(1).  However, journalists may inspect, but not copy, information from these records.  Ohio Rev. Code § 2923.129(B)(2)(a).

Oklahoma

(This section is blank. See the point above.)

Oregon

ORS 166.292 indicates "the sheriff shall keep a record of each license issued under ORS 166.291 and this section, or renewed pursuant to ORS 166.295. Oregon’s intermediate appellate court has held that records of concealed handgun licenses are public records. Mail Tribune, Inc. v. Winters, 236 Or. App. 91, 237 P.3d 831 (2010).  The court held that exceptions for personal privacy under 192.502(2) and for security measures under 192.502(23) did not generally prohibit disclosure absent an individualized showing of privacy or security concerns.

Pennsylvania

While the Act does not specifically address gun permits, gun permits, with certain personal information redacted pursuant to Section 708(b)(6), are likely public records under the Act.

Under the old act, certain information in a gun permit application is public, e.g., name, race, reason for requesting the license, personal references and answers to background questions. Other information – e.g., home addresses, telephone numbers and social security numbers – is protected from disclosure under the personal security exception to the Act. Times Publishing Co. v. Michel, 633 A.2d 1233, 1239 (Pa. Commw. Ct. 1993).

Rhode Island

In Providence Journal Co. v. Pine, 1998 WL 356904 (R.I.Super. 1998), the court decided that gun permit records are included under the APRA. Nevertheless, the Attorney General must redact all exempt portions from the gun permit records. It is entirely up to the Attorney General whether he chooses to manually redact material or whether he prefers to prepare a computer program in order to accomplish the same result; however the fact that the Attorney General may have to reprogram the computer will not serve as a bar to providing accessible gun permit records. Id. at *18.

South Carolina

A list of persons with permits to carry concealed weapons may only be released to law enforcement or in response to a subpoena or court order.  S.C. Code Ann. § 23-31-215(I).

South Dakota

State law is designed to prevent release of information concerning those licensed to own owning a firearm or carry a concealed pistol. SDCL § 23-7-8.10.

Tennessee

All TBI investigative records and records of the handgun carry permit division of the Department of Safety "relating to bogus handgun carry permits . . . issued to undercover law enforcement agents shall be treated as confidential." T.C.A. § 10-7-504(a)(2). Otherwise, there is no restriction on public access to gun permits, although certain information in the application for the permit might be kept confidential by other provisions of law.

Texas

Not specifically addressed.

Utah

When a concealed weapons permit is issued, a record shall be maintained by the office of the licensing authority, but the names, addresses, telephone numbers, dates of birth, and Social Security numbers of persons receiving such permits are classified as protected records under GRAMA. Utah Code Ann. § 53-5-708(1).

Vermont

Not specified.

Virginia

The Department of  State Police possesses the discretionary authority to release the names of concealed carry handgun permittees under the Act. But identifying information of crime victims and witnesses on the list should not be disclosed. Per § 18.2-308(K) information from the concealed carry permit database should be limited to law-enforcement personnel for investigative purposes. 2007 Va. AG LEXIS 12 (April 6, 2007).

Washington

License applications for concealed pistols are exempt from public disclosure. RCW 42.56.240(4).

West Virginia

West Virginia requires those who desire to carry concealed weapons to obtain a license. W. Va. Code § 61-7-4. The license application must be made to the county sheriff. If the license is granted after an investigation, the County Sheriff is required to forward to the Superintendent of the West Virginia State Police a certified copy of the approved application. The Superintendent of the West Virginia State Police is required to maintain a register of all persons who have been issues concealed weapons licenses. W. Va. Code § 61-7-4.

There is no provision in West Virginia law exempting information regarding concealed weapons license applicants and/or licensees from the states' FOIA law. It appears, therefore, that such records are open for public inspection. There is no caselaw addressing the issue.

Wisconsin

Concealed carry license records are not public except in the context of a prosecution.  Wis. Stat. § 175.60(12)(c).

Wyoming

The Wyoming Legislature enacted a law in 2011 that all Wyoming citizens may carry concealed weapons.  Previously, concealed carry permits were confidential.