Naifeh Kills Effort to Close Gun Records

March 26, 2008

Legislature weighs closing gun records

Bill threatens jail for publishing permit data

http://www.tennessean.com/apps/pbcs.dll/article?AID=/20080326/NEWS0201/803260429/1006/NEWS01

By RACHEL STULTS and JENNIFER BROOKS

Staff Writers The records of everyone licensed to carry a handgun in Tennessee would be sealed from public view by a proposal working its way through the legislature.

The bill, sponsored by state Senate Majority Leader Mark Norris, R-Collierville, and state Rep. Eddie Bass, D-Prospect, would make Tennessee the 28th state in the nation to make secret its list of residents who have applied for or received a handgun-carry or concealed-carry permit. Several other states have similar bills in the works.

Tennessee takes its privacy plans a step further â€” threatening journalists with jail time if they publish information from the permit records, as The Tennessean did on its Web site last May.

For some outraged gun owners, jail's too light a sentence for that sort of violation of privacy.

"If we was in Iran, I'd say, 'Cut your fingers off for publishing it.' It's nobody's business whether I own a gun or whether I own a sterling silver knife set worth $10,000," said Buford Tune, a handgun owner and the owner of the Academy of Personal Protection and Security in Nashville.

"Why don't you get names of everybody who don't have a gun and put their name in the paper and see what happens?" he said. "You're going to have all the crooks say, 'Oh, that's an easy hit.' "

For advocates of open government, it's the latest in a depressing national trend.

"This is information about who is being licensed to have a special permit in your state, through an agency paid for with your taxpayer dollars," said Lucy Dalglish, executive director of The Reporters' Committee for Freedom of the Press, based in Virginia. "Why wouldn't you want to know that?"

But many gun owners and advocates worry about the motives of the people prying into their personal information.

'It's not an easy issue'

Many see no reason that the list of registered carriers â€” and in Tennessee, they are handgun-carry permits, not concealed-carry permits â€” should be open to the public. They worry they could be targeted by gun thieves. They wonder how they could surprise a criminal with a handgun if the criminal could look them up on a database and come prepared.

For Susan Lewis, who fled an abusive relationship nine years ago, the idea that her name and address could show up on a published list of permit holders is terrifying.

Lewis, who has a new life with fiance Bobby Loftis, said she supports the public's right to know but would like to see the open records law tweaked so it restricts how much information could be published â€” an idea Norris said he is seriously considering.

"I totally believe in the Freedom of Information Act and freedom of the press, but there's got to be a limitation to it," said Loftis, who is also a handgun owner. "It's just taking too much of a chance of somebody using it as a shopping list."

Others, however, worry that the bill is one more example of Tennessee walling off information that used to be open to the public.

When the state passed its open records law in 1974, there were almost no exceptions to the rule that everything possessed by a government agency should be open and available for public scrutiny.

Today, exceptions to the open records statute take up page after page in Tennessee's law books. The Tennessee Coalition for Open Government estimates that new exceptions are added at the rate of eight a year.

"Our form of government is based on openness," said the coalition's director, Frank Gibson. "They keep sealing all these records. If this legislation passes, there will be no way to know if someone in your neighborhood has a special permit (to carry a handgun) or not."

That troubles even the bill's sponsor. Norris plans to ask the Senate to delay a vote on his bill this afternoon while he tries to find a way to protect the public's privacy and still preserve the public's right to know.

WTFV-Channel 5 in Nashville used the state's handgun registry database to show that convicted felons had been able to obtain handgun-carry permits in Tennessee, in spite of their records. It's the sort of watchdog journalism Norris said he would hate to see the state lose.

"It's not an easy issue. There are some pretty fundamental issues involved all the way around," he said.

And he admits that the criminal penalties in the bill "may be rather harsh."

Violation would be felony

The bill would make it a Class E felony â€” punishable by one to six years in prison and a fine of up to $10,000 â€” to publish information about anyone who has applied for or received a handgun-carry permit in Tennessee.

The felony provisions in the bill could put the Tennessee legislature on a collision course with 70 years of constitutional law.

"Courts, including the Supreme Court, have been unbending in their belief that prior restraint of the press is unconstitutional," said Tennessean Editor Mark Silverman. "In fact, it is fundamental to an open society to have a free press that cannot be told what it must or must not publish in advance. Lose that, and we lose a fundamental piece of our democracy."

Dalglish agreed: "You can't criminalize the publication of truthful information. Just can't be done. It's completely illegal, (and) I'm sure there are any number of thoughtful lawyers and judges who will be happy to point this out to them."

The legislature, in a way, would be "cutting their own throat" by passing the bill, said John Harris, executive director of the Tennessee Firearms Association, which has been pushing gun privacy legislation since 1994.

He thinks there are people or groups that would need to access the list for legitimate purposes â€” politicians looking for campaign backing, for example.

But the media have abused the registry, he said, and have previously published the information in an effort to embarrass gun owners.

"If you're concerned about the wrong people getting them, why are you publishing a shopping list for thieves?" Harris said. "It's not like publishing who was arrested last week or who was caught in a prostitution sting. These are law-abiding citizens doing something the law says they have a right to do."

All or nothing?

A few hours after uploading it, The Tennessean removed the database from its Web site because of reader concerns.

Domestic violence victims would probably already know if their abusers are armed, or at least want to be prepared in case they are, Susan Lewis said. But confirming that the victim is a registered carrier would only put him or her at risk, she said.

"If they feel like that person is still stalking them, being able to jump on that computer and find that list would tell them, 'Oh, she's armed herself, and this is where she lives so I need to be more prepared,' " Lewis said.

But for the law to protect gun owners, Harris said, it would have to be all or nothing.

"If you publish the name and the county, it's not a difficult leap for someone to look in the White Pages," Harris said. "I think the information should be protected from abuse, and maybe the only way to do that is to make it confidential and exclude everybody, which is unfortunate."

Extending more privacy to gun owners seems unfair when victims of crime must be public record, said Verna Wyatt, executive director of victims rights group You Have The Power.

"You might have the right to carry a weapon, but why is it your right to conceal it and conceal that information?" Wyatt said. "When you think about a domestic violence victim often in hiding from an abuser, it becomes very difficult for her to get her personal information concealed. Why not help victims with that, instead of concealing what's in my mind a clearly public record?"

The Rabbi · March 26, 2008

The only reason I would be sympathetic to this is because the Tennessean thinks it's putting one over on gun owners whenever they publish this.

Otherwise I have a hard time caring. No one has shown any ill effects from this stuff being published.

Marswolf · March 26, 2008

I don't have a problem with folks know that I have a carry permit. I have a published phone number and you should be able to find where I am on the Internet in a couple of minutes.

The only real problem are people trying to escape from an abusive situation. Often that involves moving and getting an unlisted number to try to hide their location. That information should not be available to a stalker just because someone wants to protect themselves.

March 26, 2008

I don't have a problem with folks know that I have a carry permit. I have a published phone number and you should be able to find where I am on the Internet in a couple of minutes.
The only real problem are people trying to escape from an abusive situation. Often that involves moving and getting an unlisted number to try to hide their location. That information should not be available to a stalker just because someone wants to protect themselves.

deerslayer · March 27, 2008

I don't have a published phone number, and I don't want my name printed in a newspaper when some editor decides to do so, so I'm all for this bill. In the Commercial Appeal (Memphis newspaper) today, the editorial mentioned that this bill would prevent one from checking to see if neighborhood felons have carry permits. Duh, yo Adrian, felons ain't allowed no permits!

http://www.commercialappeal.com/news/2008/mar/26/target-open-government

March 27, 2008

A clash of "Bill of Rights" heavy weights. I don't like it.

Seems like that would make a nice shopping list for some one looking to steal guns.

March 27, 2008

If this fails for freedom of press reasons, I have a proposal.

Anytime a newspaper posts a list of HCP holders, they are required to publish every single employees name, salary, home address, and whether or not they own guns as well. Staff making over 100k in bold, and Editors/leaders of the paper in double sized type.

If it is good for the goose...

Marswolf · March 27, 2008

In the Commercial Appeal (Memphis newspaper) today, the editorial mentioned that this bill would prevent one from checking to see if neighborhood felons have carry permits. Duh, yo Adrian, felons ain't allowed no permits!

They are probably thinking of that piece the TV station (I think) did that found that some felons were able to obtain a carry permit. But that didn't come out very well in the paper. Besides how many people can get a list of the felons and packers and compare them?

These bills probably came about because of abuse by the media. Lots of politicians don't really like the media, so it may pass. If not, I suspect it will be because the language needs fine-tuning. Adding the felony penalty for the press publishing info was probably not very smart. The press folks will sue and I suspect the courts may be sympathetic to them.

Mark@Sea · March 27, 2008

Frankly, I see little useful in publishing names and addresses, and several ways that information could be abused, to the serious harm of the individuals on the list.

People keep saying you can't shout 'fire' in a theater, or libel someone. Well, you can, but you are liable for civil or criminal penalties. How about a ruling that any permit holder whose information is published may sue the paper for real or potential damages? As in, for instance, victims of abuse who have gone to some lengths to relocate and keep that information from their abuser, suing for costs of relocation and damages? Or burglary victims? Reasonable to believe that a burglary occuring within a short time of the publication is connected, if guns were stolen. Again, damages should be assessed, as the publication of sensitive information certainly raises the risk levels of permit holders.

If you want to go tit for tat, the paper should publish the editorial board/writers name, address and SSN. Surely no one would object to publishing that not-terribly-private information, and surely no criminal would use that information for personal gain. After all, ID theft is just a ridiculous bogeyman, right?

Im Neero · March 27, 2008

People keep saying you can't shout 'fire' in a theater, or libel someone. Well, you can, but you are liable for civil or criminal penalties.

You can steal cars and kill peoples dogs too.

March 27, 2008

Anytime a newspaper posts a list of HCP holders, they are required to publish every single employees name, salary, home address, and whether or not they own guns as well. Staff making over 100k in bold, and Editors/leaders of the paper in double sized type.
If it is good for the goose...

The numbnutz already post my salary every year on the Tennessean's website, as they do for anyone whose paycheck is signed by the guv. "But hey, it's public record" they say.

March 27, 2008

The numbnutz already post my salary every year on the Tennessean's website, as they do for anyone whose paycheck is signed by the guv. "But hey, it's public record" they say.

Yeah, my wife works for the State and they do that too, we stopped taking the TN just for that reason and called and told them.

That information should not be public record.

GLOCKMEISTER · March 27, 2008

I quit the Tennesseean when they first listed all the permit holders many years ago. Why take it anyway, I can get anything I want online.

March 27, 2008

I quit the Tennesseean when they first listed all the permit holders many years ago. Why take it anyway, I can get anything I want online.

I agree i stop watching the new because i get all the news i want of the Internet

Marswolf · March 27, 2008

I also dropped all the "paper" papers. I love my RSS reader.

But I think we get into trouble trying to tell the media what they can print or broadcast. I don't think that will fly. But that doesn't mean we have to provide them with data. We can close the records. And people can sue them for publishing information that leads to attacks and burglary.

April 3, 2008

Naifeh Kills Effort to Close Gun Records

http://www.newschannel9.com/news/naifeh_967653___article.html/democrat_house.html

Associated Press

April 2, 2008 - 6:57PM

Powerful Tennessee House Speaker Jimmy Naifeh has intervened to stop legislation that would prohibit the public from seeing any state-issued handgun permit.

A House subcommittee had voted earlier Wednesday to advance the measure sponsored by Eddie Bass, a Prospect Democrat, while two major opponents of the bill were out of the room.

Naifeh, a Covington Democrat, then assigned the Legislature's newest Democratic member, Rep. Karen Camper, to the panel. Together they helped override the earlier decision, and killed the bill on a 5-4 vote.

Camper, a Memphis Democrat, was sworn into the House on Wednesday afternoon to replace the late Rep. Gary Rowe.

The companion measure is scheduled for a Senate floor vote on Thursday.

--

Read HB3137 on the General Assembly's Web site at: http://www.legislature.state.tn.us

cadillacdude1975 · April 3, 2008

hes a son of a bitch.

April 3, 2008

Wait, what? The committee voted to pass the bill, and he can just add someone to the committee as he sees fit? How the f*ck is this legal?!?!

April 3, 2008

Legislators keep gun records open after subcommittee "pulled a fast one"

By Tom Humphrey

http://www.knoxnews.com/news/2008/apr/02/legislators-keep-gun-records-open/?printer=1/

Originally published 04:34 p.m., April 2, 2008

Updated 04:35 p.m., April 2, 2008

NASHVILLE - House Speaker Jimmy Naifeh and the Legislature's newest member, Karen Camper of Memphis, combined today to keep handgun carry permit records open to the public, after a subcommittee initially supported making the records confidential.

The Criminal Practice Subcommittee voted earlier today to approve a bill requiring the Department of Safety to keep secret the names, addresses and other information on handgun carry permits.

But that vote came with three members who oppose the bill absent - Subcommittee Chairman Janis Sontany and Rep. Rob Briley, D-Nashville, both Nashville Democrats, along with Judiciary Chairman Kent Coleman, D-Memphis.

According to Briley, Rep. Henry Fincher, D-Cookeville, was presiding over the meeting and took the handgun permit bill up out of order, before it was scheduled for presentation. In effect, Briley says Fincher and other backers of the bill on the subcommittee "pulled a fast one."

After hearing reports of how the bill was approved, Naifeh this afternoon brought Camper, newly sworn in as successor to the late Rep. Gary Rowe of Memphis, into the subcommittee meeting and introduced her as a new member who had been assigned to serve on the committee.

Sontany then moved to reconsider the vote approving the handgun carry bill. That was approved and Coleman made a motion to postpone consideration of the bill until 2012 - in effect, to kill it. That motion carried on a 5-4 vote and the bill is now dead.

Voting to kill the bill were Naifeh, Briley, Coleman, Camper and Sontany - none of whom were present for the vote approving the bill. Voting to approve the bill were Reps. Eddie Bass, D-Prospect; Fincher, Judd Matheney, R-Tullahoma; and Eric Watson, R-Cleveland.

After the maneuver, Naifeh displayed to a reporter a certificate showing he has completed the gun safety course necessary to obtain a handgun carry permit for himself. Naifeh said he has a 9 millimeter Smith and Wesson semi-automatic pistol that he plans to carry after obtaining a permit.

More details as they develop online and in tomorrow's News Sentinel.

April 3, 2008

Wait, what? The committee voted to pass the bill, and he can just add someone to the committee as he sees fit? How the f*ck is this legal?!?!

This is why he needs to be removed from power...er I mean office.

April 3, 2008

Its just as legal as waiting to vote on the bill till the big opponents of it leave the room to use the bathroom. New members get assuigned to committees as the speaker sees fit.

Sly move by Eddie Bass on that one, though. But he got out-maneuvered by his own boss from his own party. That smarts.

Speaker of the House is VERY poweful -rules in place before Naifeh was speaker. Part of the overhaul of the house should include some changes to the speaker's powers, in my opinion.

Wait, what? The committee voted to pass the bill, and he can just add someone to the committee as he sees fit? How the f*ck is this legal?!?!

April 3, 2008

why even have a subcommittee. why dont they just let this prick Jimmy Naifeh just say what he wants to go to full vote. hes saying what goes and what does not go anyways

robin48 · April 3, 2008

He always gives me more to blog about. This man makes me sick.

April 3, 2008

I LOVE TN politics.

Mike.357 · April 3, 2008

The poster boy for term limits did it again. I am pretty much speechless here, dumbfounded.

Legislators keep gun records open after subcommittee "pulled a fast one"