CCW Public record!!

[DrLewall]

Heads up people! I took this from another forum, with permission from the OP, and thought I would share it here. Personally, I do not like the fact that those of us with permits here in AR are exposed to the general public via the FOI (Freedom of Information Act)..no one but me needs to know that I carry, except maybe LEO's..I have written letters to both my Rep and my Senator about this..would not hurt for us all to do the same.

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After the thread concerning state's CCW permit holder records being private or public. I decided to do some research as to whether 'public' means for LE purposes, or available to the public at large. This information is available to the public at large folks. I entered an FOI request yesterday, and received a list of over 6,000 permit holders, names and addresses for four counties. Simple as that! If any of us want to change this to private, we need to contact our members in the state legislation, and make a point of it this coming year. As soon as I figure out a way for us to pass around a petition, I'll do it. I think it would be a real good idea. Thank you.

With all due respect, I'd ask that any members who do not hold an Arkansas state CCW permit refrain from posting in this thread.
__________________
RamRod-----sans remords

 

[Grumpy]

Doc,

May I suggest that you forward that list to the Senator & Rep. in your district whit the explanation that that list contains private information about battered women and women who have been stalked and the information, if it gets into the wrong hands can be life threatening as well as men who have their otherwise unpublished addresses available to everyone. These could be that Representative's political allies and contributors.

Explain that we have no problem with LEO's having access but license holders should be protected from indiscriminate disclosure of this otherwise private information.

I'll do the same at this end. I'll also contact the Arkansas Concealed Carry Assn. and ask them if they can help as well.

 

[DrLewall]

DONE! I printed out the list for District L (131 pages worth!) and will send a letter with a couple of the pages to my reps here..hopefully others in the state will at least draft a letter to their reps and maybe we can get this fixed.

 

[DrLewall]

I sent an email to Ms Cora Gentry with the ASP asking if addresses were available and what other info I could have gotten via the FOI..here is her reply back to me.
DrLewall,



Yes, you would have gotten the mailing address(es). You could have gotten generally everything in the file except, criminal history (that includes state, federal and fingerprint card), SSN and DOB. With the upgrade of the CHCL database, we will be able to sort by any selection, such as “list the names of the male CHCL holders over the age of 70 in Washington County”.



Of course numbers should always be subject to release, such as “how many female CHCL holders are there in Pulaski County”. That does not disclose name, address etc but allows statistics to be given.



You might want to have CHCL address release handled in the same way Revenue handles DL address release. I’m not sure how that is so you would need to contact them.



If your legislator needs any help, just have them call or e-mail me.



Here is what Act 419 of 1995 originally stated:

(g) The Arkansas State Police shall maintain an automated listing of license holders and such information shall be available on-line, upon request, at all times, to all law enforcement agencies through the Arkansas Crime Information Center. However, the records of the Department relating to applications for licenses to carry concealed handguns and records relating to license holders shall be exempt from the provisions of the Freedom of Information Act for a period of forty-five (45) days from the date of the issuance of the license or the final denial of an application.



Cora Gentry

501-618-8516


So there you go, now lets get those letters to the reps in the mail.

 

[mustaqbal]

foia request?

there are obviously pros and cons to this isse. a good burglar or mugger might do a little research via the foia request to find out if there is a possibility that the intended target has a concealed carry permit. hence, in the eyes if the bg, the intended target could more likely be carrying a concealed firearm. that in turn would decrease the liklihood of vicitimization because the risk is higher. the bg just may want to move on to a softer target. or, perhaps burglarize a homeowner that doesn't have a concealed permit. i mean, peoople advertise on the windows of their home that they have the adt security alarm system. i've even seen stickers on the front doors of homeowners that state "smith and wesson armed", or "this house protected by glock", or "this homeowner is armed". right? i've even seen the same stickers and advertisements on the bumbers of vehicles.


just playing the devils advocate here folks. i remember back in the mid 90's, i had an option to have my social security number taken off my drivers license and instead have a random number chosen by the revenue office.

so, the point is, what would the benefit of letting the public know if we have a concealed carry permit or not? what would be the downside? personally, i think it shoud be an option and i have no problem letting the public know that i have a permit. as an option however, if you want your name on the list, then just let them know and they'll put it on there. if not, then you won't be listed.

fellow arkansans, your thoughts?

 

[Grumpy]

Foi Requests

The problem that exists is the fact that there are a lot of x-wives, girlfriends and stalking victims who have gotten the training and the license. Up to that point the man in question does not know where they live and has not been a problem. Now a list of names shows up in the news paper and BINGO(!) he knows where to find her. She only got the training and license to use as a last resort and now it becomes almost a sure thing.

Other cases may include Hoplophobes who hate guns and might be your neighbor, coworker or employer who might try to cause you some grief because of your desire to be able to defend your self should you ever have to.

NO, what they don't know won't hurt them or you for that matter.

 

[duckcallinfool]

Looks like the phone calls and letters worked. Here is the revised code.


5-73-307. List of license holders.
(a) The Department of Arkansas State Police shall maintain an automated listing of license holders and this information shall be available on-line, upon request, at any time, to any law enforcement agency through the Arkansas Crime Information Center.

(b) Nothing in this subchapter shall be construed to require or allow the registration, documentation, or providing of a serial number with regard to any firearm.

History. Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, § 3; 2007, No. 827, §

 

[tattedupboy]

Has the public records provision been part of the law since CCW was enacted there, or was that only recently added?

 

[SubHntr]

You don't need a FOIA request

My dad sent me this. It was sent to him by a friend.

Link Removed

I found my dad, myself, my brothers and anyone I chose too.

WTFO!?!:angry:


Jim

 

[DrLewall]

yeah it really sux!!

 

[Grumpy]

More trouble

The Arkansas Times Magazine has a download on their blog page that contains an Excel file with 56,000= names of CHL holders state wide with names, addresses and zip codes. This puts every license holder in jeopardy to burglars. Also, women who have moved to get away from stalkers or abusers have their names and addresses there if they also got a Concealed Handgun license.

Here is the link:

Link Removed

But, they have now removed the link that was attached to the words "It's a big ole file" and can no longer be accessed. But someone did let the file leak out of the State police system.

 

[wolfhunter]

Send this to your legislators and ask them to enact a similar law for Arkansas:

Florida Statutes 790.0601 Public records exemption for concealed weapons.--

(1) Personal identifying information of an individual who has applied for or received a license to carry a concealed weapon or firearm pursuant to s. 790.06 held by the Division of Licensing of the Department of Agriculture and Consumer Services is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such information held by the division before, on, or after the effective date of this section.

(2) Information made confidential and exempt by this section shall be disclosed:

(a) With the express written consent of the applicant or licensee or his or her legally authorized representative.

(b) By court order upon a showing of good cause.

(c) Upon request by a law enforcement agency in connection with the performance of lawful duties, which shall include access to any automated database containing such information maintained by the Department of Agriculture and Consumer Services.

(3) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2011, unless reviewed and saved from repeal through reenactment by the Legislature.

 

[Austin]

Sounds like a good way for someone to go gun grabbing. It would be easy for someone to get this list and then stake out the license holders residence. Determine how many people live there and then establish a pattern for them. Break in while they are at work and steal guns (you know that there are some there).

There are other possible scenarios but this is what came to mind.

 

[Willard Of Oz]

The problem that exists is the fact that there are a lot of x-wives, girlfriends and stalking victims who have gotten the training and the license. Up to that point the man in question does not know where they live and has not been a problem. Now a list of names shows up in the news paper and BINGO(!) he knows where to find her. She only got the training and license to use as a last resort and now it becomes almost a sure thing.

Other cases may include Hoplophobes who hate guns and might be your neighbor, coworker or employer who might try to cause you some grief because of your desire to be able to defend your self should you ever have to.

NO, what they don't know won't hurt them or you for that matter.

Those are GREAT points!

That needs to be brought to attention.

 

[Bohica1998]

I originally posted this in another topic, but I think it fits in with this one too.

Unfortunately, the person who posted that link originally in the AR Times either did not care who he hurt or caused trouble for. This has been mentioned on his blog and he just ignores it, but what about the abused spouse who got a CW permit to defend herself (and her kids?). Before this they were somewhat safer because the ex didn't know where to find them. Now they have to keep looking over their shoulder. Just because of the thoughtless act of one anti-gun person.

Or to give another example: My brother had a permit. He was in a wheelchair and lived with my mom. Mom always felt a bit better (we don't live in the best neighborhood) knowing he had a gun if some druggie or other type of criminal element showed up and got stupid.

My brother passed away on the 11th of last month. My mother is now concerned that with the posting of his (and her) address, that she may now be the target of someone who sees an "easy target". "After all, if he had a permit, then there must be guns in the house that we can steal, right?"

This on top of just losing one of her sons the same month the list was published. She is now frantically trying to sell off all his guns. Although she has kept a couple of them because she now feels that she may need them.

There is now a bill (House Bill 1623) before the House to make this information not so readily accessible to just anyone. From what I have heard on the news, it did pass the House.

 

[Bohica1998]

[b]update[/b]

On the House floor Friday, members approved HB 1623 by Rep. Randy Stewart, D-Kirby. The bill would make the names and other information of holders of permits to carry concealed handguns exempt from the Arkansas Freedom of Information Act.

Stewart said he filed the bill after a weekly newspaper made a list of the state’s permit holders available to readers.

“You apply for this … permit with a reasonable expectation of privacy. That’s why it’s called a concealed handgun,” Stewart said. The bill passed 98-1.

Source: Arkansasnews