North Country Gazette

Post-Star Poo Poos Pistol Permit Publishing

Posted on Tuesday, 5 of February , 2008 at 12:11 am

COMMENTARY

The Post-Star seems to be backpeddling on its attempt to acquire the names of all pistol permit holders in Warren, Washington and Saratoga Counties, apparently with the intent to publish those names.

After The North Country Gazette was informed of the daily newspaper’s submission of a Freedom of Information Law request to the Warren County Clerk’s Office by Post-Star reporter Nick Reisman, an article on the subject was published Saturday.

http://www.northcountrygazette.org/2008/02/02/public_safety_and_permits/ 

By mid-day Monday, Post-Star editor Ken Tingley had posted a notice to “our readers” on their website denying that they had any intent of publishing the names, giving the lame excuse that they wanted to know if any convicted felons had guns.  Considering that New York State has one of the strictest screening processes in the country for obtaining handgun permits and it is a felony by itself for anyone convicted of a felony to possess a handgun, it’s unlikely that convicted felons would appear on the list of persons having a concealed carry permit.

While Tingley was busying making assurances on the blog of the NYS Rifle and Pistol Association at 10:25 a.m. Monday that “there is no intent to publish the names and towns of gun permit holders”, editorial page editor Mark Mahoney was arrogantly and defensively asserting their right to do so at the same time in emails to angry gun holders. http://blog.nysrpa.org/?p=1200 

In his response to one individual who voiced his dissent to making public the names of pistol permit holders and who said he had an intent to boycott the advertisers of The Post-Star, Mahoney wrote “Your boycott is misplaced.  The information is public.  It’s available to any citizen with a simple Freedom of Information Law request.  We’re doing nothing wrong by seeking the list and we’re not revealing any information that any other person can’t access legally and easily on their own”.

Tingley’s statement on Monday directly contradicted a statement which one dissenter had received from reporter Reisman.  On Jan. 31, when the issue was raised on the NYSPRA blog, one member said that he had talked with Reisman.  “He has told me that the plan at this point is to establish a database that will be put on their website.  He has said that if he had his way, it will be set up in a searchable format, which would require someone to type in a name and it would show them if a person had a permit or not”.

So despite Tingley’s statements on Monday, it certainly appears at though it was The Post-Star’s intent to indeed publish the database, until NCG’s article thrust the issue into the national spotlight and The Post-Star began receiving irate emails and phone calls, not just from Warren, Washington and Saratoga Counties, but from around the country.  But hey, The Post-Star has a history of being unreliable and irresponsible, exhibiting poor judgment calls such as in the endorsement of Larry Cleveland for sheriff.  They lost that round too because the public said otherwise.

Mahoney was responding to an email from Tom Perrin from East Windsor, NJ, who wrote, “I travel through Warren County four to six times a month, often with a two car convoy. I stop every time, get gas, food, and sometimes stay overnight. Often we make a point to stop and purchase antiques and books  in Warrensburg. On my last trip, I spent over $1,000 over the course of the round trip.

“As a direct and immediate consequence of the Glens Falls Post-Star attempt to disclose the names of pistol permit holders in Warren County and elsewhere, I and my family will no longer stop in Warren County, or anywhere the Glens Falls Post Star is circulated. We will make no purchases whatsoever in your circulation area”, Perrin wrote.

The moderator of the ar15.com forum, a website for firearm enthusiasts, also wrote to the Post-Star management.

“While I understand why you might think this is a particularly interesting story, I believe there are numerous negatives that you should consider before taking such drastic action. I hope that you will read my thoughts with open-minded consideration.

“The publishing of a list of permits and addresses would endanger women currently hiding from abusive spouses or partners. Many times an abused woman will go into hiding, obtain an order of protection, and secure a pistol permit to protect herself and/or her children. Often times the abusive partner does not know where the abused party is domiciled. As a pistol permit must list the residence or business address that the license is registered to, you place these women at considerable risk by telling their abuser where they can be located.

“The publishing of a list alerts potential criminals as to which houses contain firearms. This makes these residences a potential target for burglary. Even responsible gun owners, including police officers, can have their firearms stolen. Safes provide a degree of protection, but nothing is fool-proof against a determined thief. Your publishing of a list only serves to aid a criminal in selecting a target.

“One of the deterrents to crime, especially home invasion, is the possibility of armed resistance. Criminals by and large are cowards. Interviews conducted with criminals in prison point to the fact that their greatest fear is an armed homeowner. Your publishing of a list containing names and addresses might well prevent a home invasion, when the homeowner is present, for those who own a firearm… but it increases the chance for somebody who does not appear on the list as the criminal now has verification that there are no handguns in the household.

“Those who hold pistol permits possess them under New York State law, the first state in the nation that mandated pistol permits and registering of pistols. Applicants go through a State Police and FBI background check, must obtain character references, are finger-printed and photographed the same way criminals are, attend firearms safety classes and must obtain the approval of an issuing officer - usually a judge. All of this is to ensure that those who possess a pistol permit are of good character and pose no danger to society. Your publishing of a list places them, as well as their unarmed neighbors, in jeopardy. I strongly urge you to reconsider this matter and withdraw your Freedom of Information Request. http://www.ar15.com:80/forums/topic.html?b=8&f=9&t=296382

The evidence indicates that it certainly was The Post-Star’s intent to publish that database, that is until The North Country Gazette made it very public and the objections and threats of boycotts were initiated. In one intemperate email in response to an opponent to their plan to publish the list, Mahoney lashed out at the NCG.

The power of the press works both ways, Mr. Mahoney.

Prior to the publication of the NCG commentary, a source in the county clerk’s office had said that the county had offered The Post Star the number of how many permit holders there are within the county, but the Post Star wanted the names.

The Post-Star is experiencing the same type of backlash that other newspapers across the country were confronted with when they published the lists of pistol permit holders. They met immediate protests and in some instances, have been forced to remove the lists from their websites and have been subjected to boycotts of their advertisers as well as having personal but public information about their editors and reporters circulated publicly. 

The National Rifle Association (NRA) has become involved as well as numerous local gun owners groups and in several states such as Ohio, lawsuits have been launched against the newspapers who published the list of legal gun owners. Many say that while the information may be public information, newspapers have to use it responsibly and balance the potential consequences with the public’s right to know.  Others view it as a ploy by The Post-Star to boost their sagging circulation figures, to tantalize the public with a juicy headline and controversy with no journalistic newsworthy content, placing sensationalism ahead of public safety.Lee Enterprises, the parent company of The Post-Star, recorded a 17% drop in net income for the first fiscal quarter.  Revenue was down 6 percent.  The rate they’re going, wait until they see their figures for the second fiscal quarter. http://www.bizjournals.com/albany/stories/2008/01/21/daily21.html 

Last March, the day after The Roanoke Times published a list of Virginians licensed to carry concealed weapons, in the wake of intense criticism, cancellation of newspaper subscriptions and advertisements, the newspaper removed the list from its web site amid concerns that it might have included names that shouldn’t have been made public.

Readers and advertisers alike complained that publishing the names of pistol permit holders not only was an unwarranted invasion of personal privacy of law-abiding citizens but that it gave criminals information that would have them find victims and could lead to a rash of burglaries by individuals looking to steal handguns.

The president of the Virginia Citizens Defense League told the newspaper that “by publishing that list, you’ve created a windfall for criminals”,  arguing that convicted felons or others unable to purchase a handgun legally and obtain a permit would use the list as a shopping list to select homes to burglarize in order to obtain guns.

In response to the actions by The Roanoke Times, the Virginia Legislature is now considering legislation to restrict access of the public to lists of gun permit holders.

On Friday, Feb. 1 bill HB982 unanimously passed a House committee.  The bill would exempt the list from Freedom of Information Law requests.

The bill doesn’t affect public access to concealed gun permits filed at local courthouses.

http://leg1.state.va.us/cgi-bin/legp504.exe?081+ful+HB982

http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=HB982&Submit2=Go 

Concealed handgun permits; access to permittee informaiton. Protects from public disclosure permittee names and descriptive information held by the Department of State Police for purposes of entry into the Virginia Criminal Information Network.  However, the information would still be available to law enforcement agencies, officers and agents in the course of law enforcement duties and non-identifying statistical information would be available to the general public.  In addition, the State Police would be required to furnish, at a reasonable cost, a list of permit holders and their mailing addresses to nonprofit firearms and hunting educational and advocacy groups, but only for the purpose of education and advocacy.

As a result of The Post-Star’s ill-advised action, it’s likely that New York gun groups and law enforcement officials will push for similar legislation to be advanced in New York State.  What was The Post-Star’s next plan, to publish the names, addresses and voting regsitration of all law enforcements in the county (it’s public information, you know) so the public would know if there are any police officers living in their neighborhood that might have guns? 

The Post-Star was ill-advised in its endorsement of Larry Cleveland in his failed bid for sheriff, blaming everyone else for his loss but him, and has previously exercised its poor judgment in other community matters.  If The Post-Star really wants to serve the community, it might start by reporting the news of Warren County, the meetings of public bodies, reporting audits of the Warren County Sheriff’s Department and try reporting the news, instead of making it. 

Individuals who wish to voice their opinion to The Post-Star about this issue should email Reisman at nreisman@poststar.com, Rona Rahlf, publisher at rahlf@poststar.com or editor Ken Tingley at tingley@poststar.com   2-04-08

All Rights Reserved.  This article may not be reprinted or reproduced without the express written permission of The North Country Gazette.

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