First Amendment topicsAbout the First Amendment
News Story
 
print this   Print

Public barred from list of S.C. concealed-weapons permits

By The Associated Press
04.18.08

COLUMBIA, S.C. — A new law bars the public from finding out who can carry concealed weapons in South Carolina.

The measure signed into law April 16 exempts the identities of the state's more than 61,300 permit holders from what's available through the Freedom of Information Act. Access is now limited to law enforcement or through a court order.

The change was advocated by gun enthusiasts who say publishing gun owners' names violates their privacy, while open-government advocates lost their argument that the government should never issue licenses in secret.

Gov. Mark Sanford, an avid hunter, said he wrestled with the bill because it pitted two principles he considers important against each other - the right to keep and bear arms versus government transparency.

"As important as both of those are, the more important from our perspective is the first," the Republican governor wrote in a letter to legislative leaders.

Sanford considers the permitting itself — requiring someone to get a concealed-weapon permit to carry a gun — an infringement on the Second Amendment. Carrying a gun, concealed or not, should be a personal, not governmental, decision, he wrote.

South Carolina was among half a dozen states considering legislation this year closing the list to public scrutiny.

The National Rifle Association has advocated the measures, citing the publishing of gun owners' names by newspapers in Tennessee, Ohio and New York in the past three years.

The sponsor of the South Carolina bill, Rep. Mike Pitts, said he pushed the measure because of a March 2007 column on The Roanoke Times' Web site, which included a link to the state's more than 135,000 permit holders and their street addresses. Quickly removed after the paper received thousands of complaints, the link evoked reaction from gun enthusiasts nationwide.

Open-government activists have warned the government should never dole out licenses without public oversight, which is needed to ensure the process is handled fairly.

Bill Rogers, executive director of the South Carolina Press Association, has called it an argument on principle, and that "nothing good happens in secret when it comes to government."

The State Law Enforcement Division has received just five requests in each of the last two years for information on concealed weapon permit holders. The number of requests jumped to 16 so far this year — five of those from the news media, according to SLED.

The law, which took effect immediately, also requires the State Law Enforcement Division to publish statistical information yearly on permit holders, applicants and suspensions. And it requires anyone who already has a list of concealed weapon permit holders to destroy it, though there are no penalties for not doing so.


Related

Missouri to keep gun-permit list secret

'This essentially says there is no public interest in knowing who has concealed-weapons permits, and I would disagree fundamentally with that;' says FOI advocate. 10.10.03

Fla. legislators shutter autopsy photos, gun permits from public view

Measures exempting documents from open-records law head to Gov. Jeb Bush's desk. 05.08.06

Va. concealed-weapons records off-limits to public
Attorney general calls permit-holder database an investigative tool, exception to state Freedom of Information Act. 04.11.07

Texas concealed-gun records closed to public
Search-warrant information also restricted as state Legislature wraps up session. 06.03.07

Ore. newspaper wins access to concealed-handgun licenses
Sheriff had claimed county's list of permit holders were exempt from view, but judge finds state law considers the info public. 04.30.08

Nev. newspaper loses bid for governor's gun-permit records
Editor says Reno Gazette-Journal will appeal judge's finding that Legislature intended to protect identity of concealed-weapon permit holders. 05.11.08

Va. legislature passes bill blocking access to gun-permit database
Meanwhile, Tennessee lawmakers mull limiting access to similar records and making it a crime to publish information about gun ownership. 02.26.09

Ark. House OKs bill sealing list of concealed-gun permits
Lawmakers vote 98-1 to exempt owners' names from state FOIA; one legislator calls newspaper's decision to publish such info 'atrocious.' 03.09.09

Measure to close handgun records fails in Tenn. Senate
Opponents call narrow vote a victory for open records in government. 06.18.09

News summary page
View the latest news stories throughout the First Amendment Center Online.



Last system update: Friday, November 20, 2009 | 20:13:55
 SEARCH  MORE
About this site
About the First Amendment
About the First Amendment Center
How to contribute
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

Religious liberty in public schools
First Reports
Supreme Court
Columnists
Experts
First Amendment publications
First Amendment Center history
Glossary
Freedom Sings™
Events
First Amendment
Schools

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links