HB0009/SB0108 - relates to public records and HCP

[JAB]

This bill has passed and received Haslam's signature.  It deals with the release of information obtained through applications for an HCP or HCP renewal.  To a non-lawyer like me, the language isn't crystal clear but the bill - now law - apparently states that:

 

 

This bill provides the following information and records are confidential, not available for public inspection and may not be released in any manner:

(1) All information contained in any application for a handgun carry permit, a permit renewal application, or contained in any materials required to be submitted in order to obtain such a permit;
(2) All information provided to any state or federal agency, to any county, municipality, or other political subdivision, to any official, agent, or employee of any state or federal agency, or obtained by any state or federal agency in the course of its investigation of an applicant for a handgun carry permit; and
(3) Any and all records maintained relative to an application for a handgun carry permit, a permit renewal application, the issuance, renewal, expiration, suspension, or revocation of a handgun carry permit, or the result of any criminal history record check conducted under the provisions governing weapons.

 

The part I find interesting is in section 3, specifically the part that prohibits public release of, "Any and all records maintained relative to... the issuance, renewal, expiration...of a handgun carry permit..."

 

Because of that and because the bill also mentions that, under certain circumstances a request can be made regarding whether a specific individual is a current HCP holder, it sounds to me like the database of HCP holders maintained by such entities as the Communist...er...Commercial Appeal in Memphis are about to go bye bye.

 

EDIT:  I just checked the website for the Commercial Appeal (figuring that they would have something to say about this new law if, indeed, it does what I thought) and it looks like they think I am right, as well.  It obviously sticks in their craw a bit, too.  Good riddance to bad rubbish - especially when it tweeks the noses of anti-gunners posing as 'journalists'.

 

The article linked below was apparently written/published before the Haslam signed the bill.  Further, it looks like the law went into effect immediately upon passage so I guess the public databases should already have gone bye bye.  I like it.

 

http://www.commercialappeal.com/news/2013/apr/11/tennessee-legislature-2013-memphis-thursday/

 

It sounds to me like, although the powers that be in the House and Governor's office didn't have the cajones to do the right thing and allow open carry without a permit and park carry to go to a vote, at least all the hoopla surrounding those, two issues seems to have allowed bills like this one and the one that makes HCPs valid for five years instead of four (the latter appears to have passed both houses and to be waiting on the required signatures before going to the governor - I started a thread on that one here:  http://www.tngunowners.com/forums/topic/77955-sb-1672-extend-time-period-for-carry-permits/ ) to fly 'under the radar' and not get a lot of coverage/hand wringing from the media and antis.

Edited April 16, 2014 by JAB

[Oh Shoot]

Because of that and because the bill also mentions that, under certain circumstances a request can be made regarding whether a specific individual is a current HCP holder, it sounds to me like the database of HCP holders maintained by such entities as the Communist...er...Commercial Appeal in Memphis are about to go bye bye.

 

Haven't sussed it out yet, but we thought the legislation last year would do  that, but it only prevented them from updating what they already had on file. Hopefully this one will nuke it entirely.

 

I note law takes effect immediately, but CA database is still up, so I wonder.

 

- OS

Edited April 16, 2014 by Oh Shoot

[JAB]

I note law takes effect immediately, but CA database is still up, so I wonder.

 

- OS

 

That is interesting considering that the article in the CA, itself, said:

 

 

 

If allowed to become law as expected by Gov. Bill Haslam, it will make secret the names of nearly 400,000 Tennesseans licensed to go armed in public, except under this circumstance: “any person or entity” may ask the state Department of Safety to search the permit database to determine if a specific, named person has a permit.

 

The article also stated that the bill (now law) closes media and public access to the records and mentioned that the law would go into effect immediately upon passage.  So it sounds like even the CA acknowledges that their database is now illegal.  I wouldn't be surprised if they are waiting for someone to call them on it so that they can then challenge the law in court.

Edited April 16, 2014 by JAB

[Oh Shoot]

 

So it sounds like even the CA agrees that their database is now illegal.  I wouldn't be surprised if they are waiting for someone to call them on it so that they can then challenge the law in court.

 

Well, one thing that's not in either the last version or this version: any actual penalties for anyone who does get hold of the data and uses it? Matter of fact, there's no penalty in the bill for even releasing it -- maybe state employees violating any state law without specific penalty mentioned is blanket covered elsewhere, dunno.

 

- OS

[JAB]

Well, one thing that's not in either the last version or this version: any actual penalties for anyone who does get hold of the data and uses it? Matter of fact, there's no penalty in the bill for even releasing it -- maybe state employees violating any state law without specific penalty mentioned is blanket covered elsewhere, dunno.

 

- OS

 

Yeah, it looks like the editors at the Commercial Appeal - in typical fashion for slimy antis - have found what they think is a loophole.  There is an editor's note on the page for the database, itself, stating that while the law prevents them from getting the information from the database, now, there is nothing in the law that prohibits them from publishing the information that they cannot legally access.  To that end, they state that the database was last updated on April 19 and that it will remain on their website, sans updates, until they decide the information is outdated.  In other words, they acknowledge that they won't be able to do further updates but intend to screw current HCP holders over for as long as possible.

Edited April 16, 2014 by JAB

[jtmaze]

Wouldn't this law make CA an accessory to a crime if the list were used to target houses for theft of guns. JTM We the People of the United States, in order to form a more Perfect Union......

[Oh Shoot]

Yeah, it looks like the editors at the Commercial Appeal - in typical fashion for slimy antis - have found what they think is a loophole.  There is an editor's note on the page for the database, itself, stating that while the law prevents them from getting the information from the database, now, there is nothing in the law that prohibits them from publishing the information that they cannot legally access.  To that end, they state that the database was last updated on April 19 and that it will remain on their website, sans updates, until they decide the information is outdated.  In other words, they acknowledge that they won't be able to do further updates but intend to screw current HCP holders over for as long as possible.

 

That notice is a year old, they put it up when last year's law was passed. Dunno if can still stand with the new one, we'll see.

 

- OS

[Garufa]

Just so everyone is clear this law was passed in 2013 (last year) and the CA's database was last updated before that law went into effect.

[Oh Shoot]

Just so everyone is clear this law was passed in 2013 (last year) and the CA's database was last updated before that law went into effect.

 

Well, duh, I thought this was new one, didn't even notice the dates on the legislative link, whatchoo thinkin' JAB?

 

Forget what I've said, nothing has changed, nothing to see, move along now. Mea culpa.

 

- OS

Edited April 16, 2014 by Oh Shoot

[JAB]

Well, crud. Duh. I didn't even notice the year, just the month and day. In my defense, this bill/law came up when I did a bill search by subject under firearms and ammunition (clicked on the menu to search by subject, clicked on 'F' then clicked on Firearms and ammunition.') I guess I made the mistake of thinking only bills from the current session would come up. Pay no attention to the man behind the curtain.

So that means that the CP still hasn't decided that the info in their database is 'old' even a year later. Jerks.

Oh, BTW, I double checked and the bill to extend the valid period for HCPs (my other thread) really IS from this session. Edited April 17, 2014 by JAB