Putnam County Ordered to Turn Over Gun Permit Records

The New York State Appellate Court has ruled on Putnam County's refusal to give The Journal News the names and addresses of people with gun permits back in 2012.

The court directed the county to release the records, a victory for the paper. However, the court agreed with the county that exemptions to the state's freedom of information law do apply. County Executive MaryEllen Odell said she would seek permission to appeal the rest of the ruling.

The court fight started in 2013. Led by then-State Sen. Greg Ball, Putnam officials withheld records documenting the names and addresses of residents who possess pistol permits when The Journal News filed a request for the information.

The shooting that left 26 dead at Sandy Hook Elementary School had reignited the national discussion on gun control and gun laws. The Journal News ignited a separate firestorm shortly afterward when it published, as it had in 2006, a database report of gun permit holders in Westchester and Rockland counties. Rockland and Westchester did turn over the records and a map was published. It has since been taken off the paper's website.

SEE:

• Putnam Denies Newspaper Request for Names, Addresses of Gun Permit Holders
• Putnam DA Talks Gun Permit FOIL Request
  

Here is a statement from the Putnam County Executive's Office:

The New York State Appellate Division, Second Department, ruled on Wednesday, September 14th, that it agreed with the County’s position that the exemptions contained in the New York State Freedom of Information Law (FOIL) must still be applied to a request for access to the County’s pistol permit records.

The Journal News unsuccessfully argued that the 2013 SAFE Act Amendments superseded the Freedom of Information Law, and that the Opt-out provision contained in the SAFE Act was the only way that pistol permit holders could protect their information from being disclosed. The Court disagreed. In fact, the Court unanimously held that the exemptions contained in the Freedom of Information Law could serve to prevent pistol permit data from being disclosed in the future, and that “the 2013 SAFE Act Amendment…does not negate the applicability of the exemptions to FOIL”.

This ruling means that a County may refuse to disclose pistol permit information where it can be proven that one of the exceptions to FOIL applies. This is a significant ruling since it further narrows the provision of the SAFE Act which states that pistol permits are “public records”.

Unfortunately, however, the Court ultimately directed the County to turn over the requested records, despite the applicability of the Freedom of Information Law. Despite this ruling, the County remains committed to pursuing every avenue available to it to prevent any disclosure of this sensitive information. Putnam County Clerk, Michael Bartolotti explained that, "while I am pleased that the Court agreed with our legal argument, I am disappointed that they did not afford us the opportunity to further prove our case in the lower court. I remain committed to do everything in my power to protect the safety and privacy of every Putnam County Resident."

County Executive MaryEllen Odell stated that “As promised, we will see this through to the end, and therefore we will be seeking permission to appeal the order to hand over the records to the New York State Court of Appeals. I am committed to not providing these records which not only is an invasion of privacy, but also places all of our residents, gun owners and non-gun owners alike, in harm’s way”.

We strongly urge our residents to exercise their right to opt out under the SAFE Act. You can obtain the necessary forms by using the following link http://www.putnamcountyny.com/county-clerk/pistol-permits/ .

MaryEllen Odell, County Executive

Michael C. Bartolotti, Putnam County Clerk

PHOTO: Historic Putnam County Courthouse/ Patch