lilguy
Member
Has anyone here registered a firearm through a state’s system? If so was there a provision to protect the list from FOIA access?
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Gun registration and FOIA
- Thread starter lilguy
- Start date
If I had anything to register I'd probably not do it. PVC pipe "locker" under the pig leaving s in the hog barn would be the wait out the litigation process.
Since I have nothing I should keep my opinions to myself but I'd bet the FOIA could come into play.
Since I have nothing I should keep my opinions to myself but I'd bet the FOIA could come into play.
RickD427
Member
Registration systems operated by the states are not governed by the FOIA.
Please note that the FOIA applies to federal agencies, and those are defined as (quoted from 5USC551)
Some states have various access systems that may work similar to the FOIA. My experience is from California where we had the "Public Records Act." In the early 80's my agency received a request from the CBS Media Organization to release records of folks who had been issued CCW licenses. We declined the request, citing a provision within the PRA that allow for the withholding of records where the privacy interest of the record subject exceeds the public interest in the record (California Government Code section 6255). CBS took the matter to court and prevailed (refer to the California Court of Appeals decision in CBS Inc v Block). As a result, our CCW permit records were provided to CBS. With case law now established, you should also plan on California CCW records being released on request.
Please note that the FOIA applies to federal agencies, and those are defined as (quoted from 5USC551)
" “agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include— (A) the Congress; (B) the courts of the United States; (C) the governments of the territories or possessions of the United States; (D) the government of the District of Columbia; or except as to the requirements of section 552 of this title — (E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them; (F) courts martial and military commissions; (G) military authority exercised in the field in time of war or in occupied territory; or (H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; subchapter II of chapter 471 of title 49; or sections 1884, 1891–1902, and former section 1641(b)(2), of title 50, appendix;"
Please note that state government agencies fall outside of this definition.Some states have various access systems that may work similar to the FOIA. My experience is from California where we had the "Public Records Act." In the early 80's my agency received a request from the CBS Media Organization to release records of folks who had been issued CCW licenses. We declined the request, citing a provision within the PRA that allow for the withholding of records where the privacy interest of the record subject exceeds the public interest in the record (California Government Code section 6255). CBS took the matter to court and prevailed (refer to the California Court of Appeals decision in CBS Inc v Block). As a result, our CCW permit records were provided to CBS. With case law now established, you should also plan on California CCW records being released on request.
lilguy
Member
Illinois has a registry now. Its open until December 31. One concern voiced is the ability of anyone demanding to know who has banned weapons. Who can tell the level of harassment that will follow. It was tried with our FOID records and the legislature blocked the state attorney general in her tracks. We have a much more hostile government now.
Miami_JBT
Member
Florida has very liberal "sunshine" laws and pretty much everything is public record for the most part from the state. Except for CCW records, those are specifically exempt from a sunshine request per 790.0601 - Public records exemption for concealed weapons, and registration of firearms is illegal in Florida per 790.335 - Prohibition of registration of firearms; electronic records.
lemaymiami
Member
While we do have very open records here in Florida- ongoing criminal investigations are exempt from Sunshine Law requests.. and that's just the one I'm most familiar with - there are other records (juvenile for example) that are also exempt... I don't know the statute number offhand but you'd really have to read it since it's both extensive and complicated. I will say that records laws here in my state are something that every government agency is very familiar with (and can usually cite chapter and verse if they decline a records request...).
Every state handles public records differently...
Every state handles public records differently...
That question has to be answered state-by-state. Laws to protect exposure of government information vary in every state. Freedom of information laws, transparency laws, sunshine laws, etc., are all different.
And remember, you need to be concerned not only about gun registrations (you poor IL residents, most states have no such system), you also must consider concealed carry license data.
Many years ago in Virginia a miscreant used the concealed carry permit list to find his estranged ex who had been hiding from him; she, of course had the permit because of him! He did not get the list himself; a newspaper had pulled the entire list and published it.
Many states have their own state-level FOIAs. For example, Arkansas has one at Ark. Code Ann. 25-19-105, and thereabouts.
So we'd need to take a look at IL's FOIA (assuming it has one) to answer the OP's question.
lilguy
Member
lilguy
Member
52 years I've had my FOID card. CCL since system implemented. Also have a C/R lic which I wanted to start using.
The issue for me is that for the first time I no longer feel secure dealing with Illinois
controls without having an attorney on board.
The PICA statute is written with so many vagaries that you can be unknowingly tripped up trying to comply. We just had 3
State Police public hearings. Many of the questions asked were answered “please refer to the statute”. That is an endless trip to nowhere. I realize they are not going to give legal advice but it’s unsettling how little they know about a gun control system they must enforce.
The issue for me is that for the first time I no longer feel secure dealing with Illinois
controls without having an attorney on board.
The PICA statute is written with so many vagaries that you can be unknowingly tripped up trying to comply. We just had 3
State Police public hearings. Many of the questions asked were answered “please refer to the statute”. That is an endless trip to nowhere. I realize they are not going to give legal advice but it’s unsettling how little they know about a gun control system they must enforce.
