White Plains CitizeNetReporter - NY SAFE ACT Disclosure Exemptions Could Mean Every Gun License Holder Is Exempt

WPCNR For the Record. By John F. Bailey with the Text of the new NY Safe Act. January 16, 2013: Examination of the text of the NY SAFE Act signed into law by Governor Andrew Cuomo yesterday seems to indicate that the identities of most gun permit holders will in the future be much harder to get, eliminating the controversy of exposing gun permit holders through the media. The context of making public names and addresses of gun permit holders has been changed substantially by the new act. Specific types of persons are described as being eligible for exemption from disclosure (to public and media), but the text of the law appears to allow gun license owners to apply for exemption from disclosure if they even consider they may be endangered or be subject to harassment by such disclosure. Individuals not fitting the specific categories of person who may request exemption request will be decided by the clerk or agency locally recording the permit. The law appears to make the decision to withhold disclosure purely subjective on the part of the county, jurisdiction or municipality keeping the gun permit record. The decision to not withhold appears to be based solely on whether the official deciding to exempt feels the request is "null and void," whatever that means. The new act in terms of disclosure appears to eliminate the accessessbility to the public and the press of what could mean every gun permit holder. WPCNR is seeking comment from authorities on whether this is a possibility. The text of the section of the law dealing with disclosure as passed and signed, regarding the new grounds for individuals who may claim such exemption from disclosure of their name and address follows:

(I) THE APPLICANT'S LIFE OR SAFETY MAY BE ENDANGERED BY DISCLOSURE BECAUSE:

(A) THE APPLICANT IS AN ACTIVE OR RETIRED POLICE OFFICER, PEACE OFFICER, PROBATION OFFICER, PAROLE OFFICER, OR CORRECTIONS OFFICER; (B) THE APPLICANT IS A PROTECTED PERSON UNDER A CURRENTLY VALID ORDER OF PROTECTION; (C) THE APPLICANT IS OR WAS A WITNESS IN A CRIMINAL PROCEEDING INVOLV ING A CRIMINAL CHARGE; (D) THE APPLICANT IS PARTICIPATING OR PREVIOUSLY PARTICIPATED AS A JUROR IN A CRIMINAL PROCEEDING, OR IS OR WAS A MEMBER OF A GRAND JURY; OR (E) THE APPLICANT IS A SPOUSE, DOMESTIC PARTNER OR HOUSEHOLD MEMBER OF A PERSON IDENTIFIED IN THIS SUBPARAGRAPH OR SUBPARAGRAPH (II) OF THIS PARAGRAPH, SPECIFYING WHICH SUBPARAGRAPH OR SUBPARAGRAPHS AND CLAUSES APPLY. (II) THE APPLICANT HAS REASON TO BELIEVE HIS OR HER LIFE OR SAFETY MAY BE ENDANGERED BY DISCLOSURE DUE TO REASONS STATED BY THE APPLICANT. (III) THE APPLICANT HAS REASON TO BELIEVE HE OR SHE MAY BE SUBJECT TO UNWARRANTED HARASSMENT UPON DISCLOSURE OF SUCH INFORMATION. (C) EACH FORM PROVIDED FOR RECERTIFICATION PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TEN OF THIS SECTION SHALL INCLUDE AN OPPORTUNITY FOR THE APPLICANT TO REQUEST AN EXCEPTION FROM THE INFORMATION PROVIDED ON SUCH FORM BECOMING PUBLIC RECORD PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION. SUCH FORMS SHALL NOTIFY APPLICANTS THAT, UPON DISCOVERY THAT AN APPLICANT KNOWINGLY PROVIDED FALSE INFORMATION, SUCH APPLICANT MAY BE SUBJECT TO PENALTIES PURSUANT TO SECTION 175.30 OF THIS CHAPTER, AND FURTHER, THAT HIS OR HER REQUEST FOR AN EXCEPTION SHALL BE NULL AND VOID, PROVIDED THAT WRITTEN NOTICE CONTAINING SUCH DETERMINATION IS PROVIDED TO THE APPLICANT. FURTHER, SUCH FORMS SHALL PROVIDE EACH APPLICANT AN OPPORTUNITY TO EITHER DECLINE TO REQUEST THE GRANT OR CONTINUATION OF AN EXCEPTION, OR SPECIFY THE GROUNDS ON WHICH HE OR SHE BELIEVES HIS OR HER INFORMATION SHOULD NOT BE PUBLICLY DISCLOSED. THESE GROUNDS, WHICH SHALL BE IDENTIFIED IN THE APPLICATION WITH A BOX BESIDE EACH FOR CHECKING, AS APPLICABLE, BY THE APPLICANT, SHALL BE THE SAME AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION. (D) INFORMATION SUBMITTED ON THE FORMS DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE EXCEPTED FROM DISCLOSURE AND MAINTAINED BY THE ENTITY RETAINING SUCH INFORMATION SEPARATE AND APART FROM ALL OTHER RECORDS. (E) (I) UPON RECEIVING A REQUEST FOR EXCEPTION FROM DISCLOSURE, THE LICENSING OFFICER SHALL GRANT SUCH EXCEPTION, UNLESS THE REQUEST IS DETERMINED TO BE NULL AND VOID, PURSUANT TO PARAGRAPH (B) OR (C) OF THIS SUBDIVISION. (II) A REQUEST FOR AN EXCEPTION FROM DISCLOSURE MAY BE SUBMITTED AT ANY TIME, INCLUDING AFTER A LICENSE OR RECERTIFICATION HAS BEEN GRANTED. (III) IF AN EXCEPTION IS SOUGHT AND GRANTED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, THE APPLICATION INFORMATION SHALL NOT BE PUBLIC RECORD, UNLESS THE REQUEST IS DETERMINED TO BE NULL AND VOID. IF AN EXCEPTION IS SOUGHT AND GRANTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDI VISION, THE INFORMATION CONCERNING SUCH RECERTIFICATION APPLICATION S. 2230 30 A. 2388 SHALL NOT BE PUBLIC RECORD, UNLESS THE REQUEST IS DETERMINED TO BE NULL AND VOID. (F) THE INFORMATION OF LICENSEES OR APPLICANTS FOR A LICENSE SHALL NOT BE DISCLOSED TO THE PUBLIC DURING THE FIRST ONE HUNDRED TWENTY DAYS FOLLOWING THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN, WHICH AMENDED THIS SECTION. AFTER SUCH PERIOD, THE INFORMA TION OF THOSE WHO HAD APPLIED FOR OR BEEN GRANTED A LICENSE PRIOR TO THE PREPARATION OF THE FORM FOR REQUESTING AN EXCEPTION, PURSUANT TO PARA GRAPH (B) OF THIS SUBDIVISION, MAY BE RELEASED ONLY IF SUCH INDIVIDUALS DID NOT FILE A REQUEST FOR SUCH AN EXCEPTION DURING THE FIRST SIXTY DAYS FOLLOWING SUCH PREPARATION; PROVIDED, HOWEVER, THAT NO INFORMATION CONTAINED IN AN APPLICATION FOR LICENSURE OR RECERTIFICATION SHALL BE DISCLOSED BY AN ENTITY THAT HAS NOT COMPLETED PROCESSING ANY SUCH REQUESTS RECEIVED DURING SUCH SIXTY DAYS. (G) IF A REQUEST FOR AN EXCEPTION IS DETERMINED TO BE NULL AND VOID PURSUANT TO PARAGRAPH (B) OR (C) OF THIS SUBDIVISION, AN APPLICANT MAY REQUEST REVIEW OF SUCH DETERMINATION PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAWS AND RULES. SUCH PROCEEDING MUST COMMENCE WITHIN THIRTY DAYS AFTER SERVICE OF THE WRITTEN NOTICE CONTAINING THE ADVERSE DETERMINATION. NOTICE OF THE RIGHT TO COMMENCE SUCH A PETITION, AND THE TIME PERIOD THEREFOR, SHALL BE INCLUDED IN THE NOTICE OF THE DETERMINATION. To Read the comple SAFE Act, go to http://open.nysenate.gov/legislation/bill/S2230-2013


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