New York State Supreme Court Orders Police to Hand Over Private Information About Gun Owners

BY Herschel Smith
1 week, 1 day ago

Townhall.

The New York State Supreme Court last week granted a motion ordering the New York City Police Department (NYPD) to turn over the name, zip codes and license category of anyone who was granted a firearm license in 2018.

The New York Daily News made the request under the Freedom of Information Act (FOIA) request process, which provides public information from government agencies to citizens and journalists.

According to the lawsuit filed against the NYPD, the newspaper makes the argument that they should have access to the information because their reporters “frequently cover gun-related political and policing issues.”

The Daily News argues that the information can be turned over because of a state law – known as the SAFE Act – that declared “that names and addresses of all firearms licenses were public information.”

Under the SAFE Act, gun owners have the ability to opt-out of their information being handed over in FOIA requests but their application has to be approved. It’s the information of those that did not opt-out that the newspaper wants.

“The SAFE act requires disclosure of the names and addresses of gun licensees unless they have applied for and been granted an exemption under the statute,” the lawsuit stated.

The NYPD denied the request on multiple occasions, citing various reasons, like an “invasion of privacy” and “extraordinary effort” would have to be put forth to collect the records.

The licensing department did, however, provide information about the types of permits that were Issued by zip code from January 1, 2014 to December 31, 2017. They did not hand over specific names. After an appeal, the licensing department provided a list of 132 names for people who attempted to opt-out but were denied. The newspaper, however, wasn’t happy with the list because it didn’t specify what kind of firearm the licensee possessed.

The court concluded that the department violated the FOIL.

“Absent the SAFE Act exemption, respondent must submit the following information to petitioner: The license category and zip code of ‘Members of Service’ who were licensed during Calendar Year 2018 (either by renewal or for the first time) be submitted to petitioner,” the court ordered. “… respondent may withhold their names. Respondent must also give to petitioner the name, zip code, and license category of those to whom it granted a new or renewal license during Calendar Year 2018. This information covers all licensees who applied prior to Calender Year 2018 but were granted a license during that year.”

There are two problems here: [1] the law itself, which is an invasion of privacy, and [2] the court decision which doesn’t recognize that it’s an unconstitutional invasion of privacy.

I’ll also comment that the law converts a right into a license in that it forces an individual both to know that he must opt out of this abomination, and spend the time and energy to do it.  It’s as bad as a license and fee for the exercise of a God-given right.

Nice job, court.  Now maybe criminals will know to whom they can go to steal weapons and harm people.  Criminals might include thieves or SWAT teams performing raids.

If you’re a gun owner and live in New York, I just have one question.  Why?


Comments

  1. On July 28, 2020 at 10:09 pm, 41mag said:

    Something something something, Weimar Republic.

  2. On July 28, 2020 at 11:42 pm, 41mag said:

    Stephen Halbrook – Gun control & The Third Reich.

    https://www.amazon.com/Gun-Control-Third-Reich-Disarming/dp/1598131621

    Really hard to put down, the history behind Hitlers gun grab is downright hard to believe if you don’t live in NJ or other shitholes.

  3. On July 29, 2020 at 9:03 am, Bill Buppert said:

    Yet another reason to never buy a gun from a BATFE storefront posing as an FFL dealer.

  4. On July 29, 2020 at 11:11 am, Sisu said:

    Another chilling read, from 1955 is a compendium of interviews with “ordinary” Nazi party members (socialists; unionists); they had to be members to maintain their jobs and sense of normality – they thought they were removed from the war because they were not directly part of or victims of its violence.

    They could ignore what was happening all around them … “They Thought They Were Free The Germans, 1933-45”, by Milton Mayer (https://press.uchicago.edu/Misc/Chicago/511928.html) …

    Relevant to anyone in this country who thinks somehow where they live is not soon to be affected by restrictions on “unalienable rights”; that kind of thinking is today too “common” / part of the incipient problem where they live and for the Country as a whole, e.g., Mecklenburg County, NC, … https://www.charlotteobserver.com/news/local/article233552882.html

  5. On July 30, 2020 at 4:52 pm, James said:

    Hmmmm…..,how about doxxing all folks @ NYSD and their families/shareholders ect.

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This article is filed under the category(s) Second Amendment and was published July 28th, 2020 by Herschel Smith.

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