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K. Gun permits

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  • 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.

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  • 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).

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  • 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).

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  • 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, and home address and telephone number of prosecutors, public defenders, peace officers, judges, court commissioners, and magistrates set forth in the application and license is exempt).  The agency must segregate the exempt from non-exempt material. See Cal. Gov't Code § 6253.

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  • 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.

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  • Delaware

    Records identifying individuals holding concealed weapons are exempt. 29 Del. C. § 10002(g)(1). However, firearms qualifications records are not exempt as personnel files. Del. Op. Att’y Gen., No. 17-ib19 (July 12, 2017).

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  • 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.

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  • Georgia

    The Act exempts from public disclosure records maintained by a judge of the probate court relating to weapons carry licenses, or pursuant to any other requirement for maintaining records relative to the possession of firearms.  O.C.G.A. 50-18-72(a)(40).

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  • 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 reasonably 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.

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  • Idaho

    Idaho Code § 74-104(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.

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  • Illinois

    The list of persons with FOIA cards is closed.

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  • Indiana

    Under Indiana Code Section 35-47-2-3(l), information than an applicant submits to obtain or renew a gun license, information that the government obtains to investigate such application, and identifying information of gun license holders are confidential. However, law enforcement personnel seeking to determine the validity of a license to carry a handgun or for law enforcement purposes may obtain such information. Id. § 35-47-2-3(m). Further, persons conducting journalistic or academic work may obtain such information, but the only if all personal identifying information is redacted.

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  • Iowa

    Firearm permits and revocations held by the commissioner of public safety in the commissioner’s official capacity are public records. Clark v. Banks, 515 N.W.2d 5 (Iowa 1994). The commissioner of public safety “shall keep confidential personally identifiable information of holders of professional or nonprofessional permits to carry weapons and permits to acquire pistols or revolvers . . . .” This includes the individual’s “name, social security number, date of birth, residential or business address, and driver’s license or other identification number of the applicant or permit holder.” Iowa Code § 724.23. Statistical information may be disclosed. Id.  Information may be released to a criminal or juvenile justice agency “for the performance of any lawfully authorized duty or for conducting a lawfully authorized background investigation.” Id. The confidentiality required does not apply to the release of information “relating to the validity of a professional permit to carry weapons to an employer who requires an employee or an agent of the employer to possess a professional permit to carry weapons as part of the duties of the employee or agent.” Id.

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  • Kansas

    Records related to persons licensed to carry concealed handguns are confidential and may not be disclosed pursuant to the KORA, but such protections only govern the disclosure of such information by a public agency. There is no language in the PFPA that grants a concealed carry licensee the right to refuse to disclose his or her licensure status to a public agency employer. Kan. Att’y Gen. Op. 2014-02. However, Kansas law now allows for unlicensed concealed carry and renders this largely moot.

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  • Kentucky

    Information concerning individuals licensed in Kentucky to carry a concealed firearm is generally closed from the public. Ky. Rev. Stat. 237.110(10).

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  • Louisiana

    Information in an application for a concealed handgun permit is exempt from disclosure.  La. Rev. Stat. Ann. § 40:1379.1.1.

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  • 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(1).

    Only certain limited gun permit information is public:  the municipality of residence, the date the permit was issued, and the date the permit expires. 25 M.R.S.A. § 2006(2).

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  • Maryland

    A custodian shall deny inspection of records of a person authorized to sell, purchase, rent or transfer regulated firearms or to carry, wear, or transport a handgun. § 4-325(a). Inspection by the individual named in the record or that individual’s attorney is permitted. § 4-325(b). The Departments of State Police and Public Safety and Correctional Services are also permitted to access firearm or gun records in the performance of official duties. § 4-325(c).

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  • Michigan

    Not specifically addressed.

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  • Montana

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

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  • Nebraska

    Information concerning an applicant or permitholder under the Concealed Handgun Permit Act is not public record. Neb. Rev. Stat. §69-2444 (Reissue 2009).

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  • Nevada

    The 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. Reno Newspapers v. Haley, 234 P.3d 922 (2010).

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  • New Hampshire

    Neither the Statute nor case law addresses this issue.

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  • New Jersey

    N.J.A.C. 13:54-1.15 provides:

     

    Any background investigation conducted by the chief of police, the Superintendent or the county prosecutor, of any applicant for a permit, firearms identification card license, or registration, in accordance with the requirements of this chapter, is not a public record and shall not be disclosed to any person not authorized by law or this chapter to have access to such investigation, including the applicant.  Any application for a permit, firearms identification card, or license, and any document reflecting the issuance or denial of such permit, firearms identification card, or license, and any permit, firearms identification card, license, certification, certificate, form of register, or registration statement, maintained by any State or municipal governmental agency, is not a public record and shall not be disclosed to any person not authorized by law or this chapter to have access to such documentation, including the applicant, except on the request of persons acting in their governmental capacities for purposes of the administration of justice.

     

    N.J.S.A. 47:1A-1.1 provides:

    A government record shall not include the following information which is deemed to be confidential for the purposes of P.L.1963, c. 73 (C.47:1A-1 et seq.) as amended and supplemented:

    personal firearms records, except for use by any person authorized by law to have access to these records or for use by any government agency, including any court or law enforcement agency, for purposes of the administration of justice;

    “Personal firearms record” means any information contained in a background investigation conducted by the chief of police, the county prosecutor, or the Superintendent of State Police, of any applicant for a permit to purchase a handgun, firearms identification card license, or firearms registration; any application for a permit to purchase a handgun, firearms identification card license, or firearms registration; any document reflecting the issuance or denial of a permit to purchase a handgun, firearms identification card license, or firearms registration; and any permit to purchase a handgun, firearms identification card license, or any firearms license, certification, certificate, form of register, or registration statement. For the purposes of this paragraph, information contained in a background investigation shall include, but not be limited to, identity, name, address, social security number, phone number, fax number, driver’s license number, email address, social media address of any applicant, licensee, registrant or permit holder.

    See also N.J.S.A. 47:1A-1.3, which provides:

    Notwithstanding the provisions of any other statute or regulation to the contrary, government record as defined in section 1 of P.L.1995, c. 23 (C.47:1A-1.1) shall include aggregate information regarding the total number of permits to purchase a handgun and firearms purchaser identification cards, without any personal identifying information, that have been issued by the Superintendent of State Police or the Chief of Police of a municipal police department.

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  • New Mexico

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

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  • North Carolina

    In 2014, the North Carolina General Assembly enacted legislation to make information provided in applying for a concealed handgun permit and the names of people obtaining permits from sheriff’s offices no longer public. The list of denied permits remains public record. Additionally, while all dealers must keep accurate records of all sales, the records maintained by dealers are not public records. G.S. §§ 14-415.17, 14-404, 66-407.

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  • 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).

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  • 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).

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  • Oklahoma

    The Oklahoma State Bureau of Investigation maintains a list of all persons issued a handgun licenses issued under the Oklahoma Self-Defense Act  but the list is available only to law enforcement agencies.  21 O.S. § 1290.13

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  • Oregon

    In 2010, Oregon’s intermediate appellate court held that records of concealed handgun licenses are public records. Mail Tribune, Inc. v. Winters, 236 Or. App. 91, 237 P.3d 831 (2010). However, in 2012, the Oregon Legislature passed what is now ORS 192.374, which expressly prohibits disclosure of records or information identifying holders of concealed handgun licenses, except in certain circumstances.

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  • 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.

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  • 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).

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  • 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.

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  • 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). Information in an application for a handgun permit are confidential. T.C.A. § 10-7-504 (o).

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  • Texas

    Information on individuals licensed to carry concealed handguns is confidential and not subject to requests under the Act. See Tex. Gov’t Code § 411.192. The Department of Public Safety may, however, release information about licensees to law enforcement agencies. See id.

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  • 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 § 53-5-708(1).

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  • Vermont

    Gun permits are not required in Vermont, therefore, there are no such records.

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  • Virginia

    The Department of State Police receive all orders issuing concealed handgun permits and enter the information into the Virginia Criminal Information Network.  This information must be withheld from public disclosure.  The Department may release information relating to non-residents holding permits and may publish statistical abstracts or summaries.  Va. Code Ann. § 18.2-308.07.

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  • Washington

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

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  • West Virginia

    Until 2015 West Virginia required those who desire to carry concealed weapons to obtain a permit. W. Va. Code § 61-7-4. The 2015 West Virginia Legislature amended FOIA to add a twentieth exemption for gun license application information "including applications, supporting documents, permits, renewals, or any other information that would identify an applicant for or holder of a concealed weapon permit." W. Va. Code § 5B-2-4(a)(20).

    A proviso to exemption 20 states that "information in the aggregate that does not identify any permit holder other than by county or municipality is not exempted." Moreover, information or other records that fall within exemption 20 may, nevertheless, be disclosed to a law enforcement agency or officer to determine the validity of a permit, to assist in a criminal investigation or prosecution, or for other lawful law- enforcement purposes. Id. § 5B-2-4(a)(20) (i) (ii) and (iii).

    However, the 2016 Legislature repealed requirements for a permit to carry a hidden firearm for those over the age of 21. Thus, practically speaking, the twentieth FOIA exemption applies only to concealed weapons permits required for West Virginians who want to carry concealed in the more than 30 states with which West Virginia has concealed carry reciprocity agreements and to provisional carry permits issued to persons between the ages of 18 and 21.

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  • Wyoming

    The Wyoming Legislature enacted a law in 2011 that all Wyoming citizens may carry concealed weapons.  Concealed carry permits are confidential.

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