COMMENTARY: Publishing Pistol Permit List Raises Ire

Newspaper's Use Of Information Could Subject Open Records Laws To Review

Should the New York newspaper that printed the names and address of pistol permit holders have done so?

No one has asked my opinion, but it has been a topic of discussion in the newsroom.

Here’s what happened: In December the Journal News, which serves Westchester, Rockland and Putnam counties in New York, published online maps showing the homes of registered pistol permit holders in Westchester and Rockland County. Putnam County officials refused to release the information.

There has been quite an outcry over this information being published. I can understand that, but there are some facts one has to keep in mind.

The information was obtained through the state’s Freedom of Information Law, which is similar to Arkansas’ Freedom of Information Act. These laws — which have various names across the country — were not written for news organizations. They were written for use by the people, to encourage open, honest government operation. Notice I did not say such an occurrence was assured.

What I am telling you is anyone should be able to walk into the appropriate office in any New York county and find out who has a pistol permit if they care to do so. Apparently, the newspaper’s bosses cared.

That’s the way our FOIA works in Arkansas. With certain exceptions, such as active police investigations, a resident can review or copy the work of government.

Here’s the issue we news types are debating: Was there news value in publishing this information? It not only included the names of those with permits, it included home addresses.

What did the Journal News accomplish? Well, they made a lot of people angry — a lot of people who have guns, I might point out.

The Journal News has been on the receiving end of many threats, so many they have hired armed guards. Those who support gun ownership, and make threats so serious they result in armed protection, only hurt their stance, if you ask me.

The problem, as I see it, is the Journal News failed to commit news. In other words, they reported all these names and addresses of permit holders, but failed to tell readers why it mattered.

Frankly, there could be news in that list. Maybe a politician who takes a stance against guns; a felon whose right to own a gun was revoked when he was convicted. The Journal News, however, didn’t go that extra step.

Freedom of information laws are a wonderful tool, but they can be abused. The best example of abuse I know involves, of all places, Tontitown. Mick Wagner requested copies of all city email messages or access via a Web portal. At least two similar requests were made.

The result of those requests was an overwhelmed city government. That in itself is not reason enough to not answer an FOIA request, or dump the law completely — a proposal that comes up more than you might expect.

Nor is the Journal News’ action in reporting pistol permits reason to dump or change the law. The report may have raised enough ire in New York to result in proposed legislation omitting gun permit lists from public review. If it happens in New York, it could very likely happen elsewhere.

Omitting items from those that can be reviewed by the public is bad, really bad. It can be like a snowball — just a little something that gets bigger and bigger as it rolls along.

Here at the newspaper, we have spent many years fighting against changes that will eliminate records from public review. Yes, we benefit from stopping changes to the Freedom of Information Act, but so does any concerned resident who wants to know how a decision was reached, what that decision was and how it impacts them.

What would I have done if it was my decision to publish the permit list? Hindsight is 20/20, even when you weren’t involved in the decision-making process. Obviously, it is very likely I would not have run the information, at least not in the form the Journal News did.

What I know for sure is freedom of information laws are vital to a government “of the people, by the people, for the people.” To do away with or drastically modify it is as foolish as an act of abuse.

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Leeanna Walker is local editor of the Rogers Morning News and the Springdale Morning News. Follow her on Twitter at www.twitter.com/NWALeeanna.

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