K. Gun permits

Personal identifiers of applicants and permittees for concealed carry are exempt from disclosure; however, information concerning the number of permittees or applicants, revenue figures, and “any other fiscal or statistical data” are public writings subject to disclosure.  Ala. Code § 13-11-75(f). The exemption from disclosure of personal identifies is abrogated if a permittee is charged with a felony involving the use of a pistol.

Concealed Handgun Permits. The list of concealed handgun permittees, and all applications, permits and renewals are not public records, and may only be used for law enforcement purposes. AS 18.65.770.

Information and records maintained by the Department of Public Safety on applicants for a concealed weapon permit, permit holders, and instructors “shall not be available to any other person or entity except on an order from a state or federal court.”  A.R.S. § 13-3112(J).

Records concerning “the issuance, renewal, expiration, suspension, or revocation of a license to carry a concealed handgun” for both current and past licensees are exempt from the FOIA. Ark. Code Ann. § 25-19-105(b)(19). However, the name and zip code for an applicant, licensee, or past licensee “may be released upon request by a citizen of Arkansas.” Ark. Code Ann. § 25-19-105(b)(19)(C).

Licenses and applications to carry firearms are public.  CBS Inc. v. Block, 42 Cal. 3d 646, 652-53, 725 P.2d 470, 230 Cal. Rptr. 362 (1986). However, certain information contained in the application is expressly exempt.  Cal. Gov’t Code §§ 7923.800 & 7923.805 (information indicating when and where applicant is vulnerable to attack, information concerning applicant’s mental health, and home address and telephone number of prosecutors, public defenders, peace officers, judges, court commissioners, and magistrates set forth in the application and license is exempt). The agency must segregate the exempt from non-exempt material. See Cal. Gov't Code § 7922.525.

In 1994, the Connecticut legislature passed Conn. Gen. Stat. §29-28(d), making the names and addresses of people with permits to sell and carry pistols and revolvers exempt from FOIA. Prior to the enactment, the Connecticut Supreme Court ruled in Superintendent of Police v. FOIC, 222 Conn. 621, 609 A.2d 998 (1992), that municipal pistol permits and all information contained therein are public records not “similar” to medical or personnel files so as to be exempt from disclosure under Conn. Gen. Stat. §1-210(b)(2).

The name and address of a person issued a certificate of possession of an assault weapon are likewise exempt from disclosure under FOIA. Conn. Gen. Stat. §53-202d. Both statutes contain exceptions allowing law enforcement agencies and the Commissioner of Mental Health and Addiction Services to access the information. Conn. Gen. Stat. §29-28(d) also permits the disclosure of such information to the extent necessary to comply with a request for verification that a permit is valid and not suspended or revoked.

Records identifying individuals holding concealed weapons are exempt. 29 Del. C. § 10002(o)(11). However, firearms qualifications records for law enforcement personnel are not exempt as personnel files. Del. Op. Att’y Gen., No. 17-ib19 (July 12, 2017).

The privacy exemption, D.C. Code Ann. § 2-534(a)(2) or the investigatory records exemption, D.C. Code Ann. § 2-534(a)(3), may apply. See Washington Post Co. v. Metro. Police Dep't, FOIA App. No. 92-5 (Sept. 24, 1993) (refusing to disclose on privacy grounds names and addresses of registered gun owners, but agreeing to release information regarding licensed gun dealers because corporations have no privacy interests). The Mayor’s office has determined that those privacy concerns do not apply to some records tied to stolen or missing firearms. See In re Appeal of Brian Freskos, FOIA App. No. 2017-145 (Sept. 14, 2017) (mandating the release of serial numbers for lost and stolen firearms, since such a number “is not, on its own, personally identifiable information”).

Weapons dealers must be licensed under the District's business licensing system to sell firearms. See D.C. Code § 22-4510. Under § 2-534(a)(11), information submitted to the Business License Center, such as applications for business licenses, is exempted by the D.C. Act. A person, however, may be provided with information submitted to the Business License Center for one registrant based upon the submission of either the name or address of the registrant; persons are limited to one such request per day. Federal Employer Identification numbers and Social Security numbers shall not be released except if requested by a law enforcement agency or directed by court order.

Florida law places significant limits on the disclosure of firearm ownership records.  In 2006, the Florida Legislature enacted section 790.0601, which outlines a public records exemption for concealed weapons. H.B. 687, 2006 Fla. Laws Ch. 2006-102 (codified as amended at Fla. Stat. § 790.0601 (2020)). Under section 790.0601, personal identifying information of an individual who has applied for or received a license to carry a concealed weapon or firearm is confidential and exempt from disclosure under section 119.07, Florida Statutes, and article I, section 24(a) of the Florida Constitution, which give every person the right to inspect and copy public records.  Disclosure of such information is permitted, however, when (a) the applicant or licensee has given his or her express written consent, (b) a court orders disclosure upon a showing of good cause, or (c) a law enforcement agency requests disclosure in connection with the performance of its lawful duties.  Fla. Stat. § 790.0601(3) (2020).

Florida law also prohibits the state from maintaining a list, record, or registry of privately-owned firearms or law-abiding firearm owners.  See Fla. Stat. § 790.335(2) (2020); see also Fla. Stat. § 790.065(4) (2020) (prohibiting the state from maintaining records of the names of approved firearm purchasers or transferees or records of firearm transactions and deeming criminal record checks created by the Department of Law Enforcement confidential, exempt from the provisions of Fla. Stat § 119.07(1)).  Section 790.335, which was enacted in 2004 and subsequently amended, explains the legislative intent underlying the statute: such records are not tools for law enforcement or for fighting terrorism, but rather can become instruments of profiling, harassment, or abuse of law-abiding citizens who choose to exercise their right under the Second Amendment of the United States Constitution to keep and bear arms.  H.B. 155, 2004 Fla. Laws Ch. 2004-59 (codified as amended at Fla. Stat. § 790.335(1)(a) (2020)).  Florida law does, however, set forth several exceptions permitting disclosure.  Section 790.335(3) allows, for example, the keeping of records of firearms used in the commission of a crime, records relating to persons convicted of a crime, and records of firearms reported stolen.  Additionally, both section 790.335(3)(d) and section 790.065(4)(b) permit the maintenance of records pursuant to federal law.

The Act exempts from public disclosure records maintained by a judge of the probate court relating to weapons carry licenses, or pursuant to any other requirement for maintaining records relative to the possession of firearms.  O.C.G.A. § 50-18-72(a)(40). Records pertaining to personnel approved by a local board of education to possess or carry weapons within a school safety zone, at a school function or on a bus or other school transportation are exempt from disclosure under the Act. § 16-11-130.1(f).

The names of individuals who are licensed by the Honolulu Police Department to carry concealed firearms are not a matter of public record. Names of Individuals Who Are Licensed to Carry Concealed Firearms, OIP Op. Ltr. No. 95-18 (July 28, 1995). The OIP has opined that the identities of such licensees are protected under Haw. Rev. Stat. § 134-3 which requires registration data that would identify the individuals registering firearms be kept confidential and under Haw. Rev. Stat. § 92F-13(4) which protects disclosure of government records pursuant to state law. Id. Similarly, the OIP has opined that firearm permit information that identifies an individual permit by name or address is protected under Haw. Rev. Stat. § 134-3. Firearm Permits, OIP Op. Ltr. No. 07-01 (Feb. 1, 2007). Other permit information that could reasonably identify the individual permit holder, such as the individual’s social security number, fingerprints, and photograph, should also be segregated and withheld under the UIPA’s frustration exception, Haw. Rev. Stats. § 92F-13(3), to maintain the confidentiality of the individual’s identity. Id. The Honolulu Police Department may generally withhold information that allows the identification of individuals who have been denied permits, as well as those who did not apply for a permit, who did not complete the application process, or who were granted a permit, but allowed it to lapse without acquiring a firearm. Id.

Idaho Code § 74-104(2) provides that material in Court files that may otherwise be exempt from disclosure is not exempt “to the extent that such records or information contained in those records are necessary for a background check on an individual that is required by federal law regulating the sale of firearms, guns or ammunition.” Once a permit is issued, however, it is open to the public.

The list of persons with Firearm Owner’s Identification cards is closed. 5 ILCS 140/7.5(u).

Under Indiana Code Section 35-47-2-3(l), information than an applicant submits to obtain or renew a gun license, information that the government obtains to investigate such application, and identifying information of gun license holders are confidential. However, law enforcement personnel seeking to determine the validity of a license to carry a handgun or for law enforcement purposes may obtain such information. Id. § 35-47-2-3(m). Further, persons conducting journalistic or academic work may obtain such information, but the only if all personal identifying information is redacted.

Firearm permits and revocations held by the commissioner of public safety in the commissioner’s official capacity are public records. Clark v. Banks, 515 N.W.2d 5 (Iowa 1994). A bipartisan change in 2017 now requires that the commissioner of public safety “shall keep confidential personally identifiable information of holders of professional or nonprofessional permits to carry weapons and permits to acquire pistols or revolvers . . . .” This includes the individual’s “name, social security number, date of birth, residential or business address, and driver’s license or other identification number of the applicant or permit holder.” Iowa Code § 724.23. Statistical information may be disclosed. Id.  Information may be released to a criminal or juvenile justice agency “for the performance of any lawfully authorized duty or for conducting a lawfully authorized background investigation.” Id. The confidentiality required does not apply to the release of information “relating to the validity of a professional permit to carry weapons to an employer who requires an employee or an agent of the employer to possess a professional permit to carry weapons as part of the duties of the employee or agent.” Id.

Records related to persons licensed to carry concealed handguns are confidential and may not be disclosed pursuant to the KORA, but such protections only govern the disclosure of such information by a public agency. There is no language in the Personal and Family Protection Act (“PFPA”) that grants a concealed carry licensee the right to refuse to disclose his or her licensure status to a public agency employer. Kan. Att’y Gen. Op. 2014-02. However, Kansas law now allows for unlicensed concealed carry and renders this largely moot.

Information concerning individuals licensed in Kentucky to carry a concealed firearm is generally closed from the public. Ky. Rev. Stat. 237.110(10).

Information in an application for a concealed handgun permit is exempt from disclosure.  La. Rev. Stat. Ann. § 40:1379.1.1.

All applications for a permit to carry concealed firearms and documents made a part of the application, refusals and any information of record collected by the issuing agency during the process of ascertaining whether an applicant is of good moral character and meets the additional requirements of state law are confidential and may not be made available for public inspection or copying.  The applicant may waive this confidentiality by written notice to the issuing authority. All proceedings relating to the issuance, refusal or revocation of a permit to carry concealed firearms are not public proceedings, unless otherwise requested by the applicant.  25 M.R.S.A. § 2006(1).

Only certain limited gun permit information is public:  the municipality of residence, the date the permit was issued, and the date the permit expires. 25 M.R.S.A. § 2006(2).

A custodian shall deny inspection of records of a person authorized to sell, purchase, rent or transfer regulated firearms or to carry, wear, or transport a handgun. § 4-325(a). Inspection by the individual named in the record or that individual’s attorney is permitted. § 4-325(b). The Departments of State Police and Public Safety and Correctional Services are also permitted to access firearm or gun records in the performance of official duties. § 4-325(c).

The Public Records Law contains an independent provision expressly prohibiting the release, by the state or any licensing authority, of information “divulging or tending to divulge” names and addresses of individuals who own, possess, or are licensed to carry firearms.  G.L. c. 66, § 10B. See also G.L. c. 140, §§ 121 (defining terms).  Thus, a request for firearm records of a specific individual would be denied in its entirety, as there is no other way to shield the individual’s identity.  Where there is a request, not specific to a particular individual, for other material relating to firearm applications or identification cards, the custodian may redact identifying details (exemption (j)), social security numbers (exemption (c)) or CORI information (exemption (a)), but normally may not withhold the material entirely.

Not specifically addressed.

All data collected by government entities pertaining to the purchase or transfer of firearms and applications for permits to carry firearms are classified as private. Minn. Stat. § 13.87, subd. 2.

Closed to the public. § 45-9-101(8).

Records of permits are closed to the public. Mo.Rev.Stat. § 571.093.

Open unless the demands of individual privacy clearly exceed the merits of public disclosure.

Information concerning an applicant or permitholder under the Concealed Handgun Permit Act is not public record. Neb. Rev. Stat. §69-2444 (Reissue 2009).

The Nevada Supreme Court held that identity of the permittee of concealed firearms permit, are public records open to inspection, unless the records contained information that was expressly declared confidential by statute making applications for concealed firearms permits confidential. Reno Newspapers v. Haley, 234 P.3d 922 (2010).

Neither the Statute nor case law addresses this issue.

N.J.A.C. 13:54-1.15 provides:

Any background investigation conducted by the chief of police, the Superintendent or the county prosecutor, of any applicant for a permit, firearms identification card license, or registration, in accordance with the requirements of this chapter, is not a public record and shall not be disclosed to any person not authorized by law or this chapter to have access to such investigation, including the applicant. Any application for a permit, firearms identification card, or license, and any document reflecting the issuance or denial of such permit, firearms identification card, or license, and any permit, firearms identification card, license, certification, certificate, form of register, or registration statement, maintained by any State or municipal governmental agency, is not a public record and shall not be disclosed to any person not authorized by law or this chapter to have access to such documentation, including the applicant, except on the request of persons acting in their governmental capacities for purposes of the administration of justice.

N.J.S.A. 47:1A-1.1 provides:

A government record shall not include the following information which is deemed to be confidential for the purposes of P.L.1963, c. 73 (C.47:1A-1 et seq.) as amended and supplemented:

…

personal firearms records, except for use by any person authorized by law to have access to these records or for use by any government agency, including any court or law enforcement agency, for purposes of the administration of justice;

personal identifying information received by the Division of Fish and Wildlife in the Department of Environmental Protection in connection with the issuance of any license authorizing hunting with a firearm. For the purposes of this paragraph, personal identifying information shall include, but not be limited to, identity, name, address, social security number, telephone number, fax number, driver’s license number, email address, or social media address of any applicant or licensee;

“Personal firearms record” means any information contained in a background investigation conducted by the chief of police, the county prosecutor, or the Superintendent of State Police, of any applicant for a permit to purchase a handgun, firearms identification card license, or firearms registration; any application for a permit to purchase a handgun, firearms identification card license, or firearms registration; any document reflecting the issuance or denial of a permit to purchase a handgun, firearms identification card license, or firearms registration; and any permit to purchase a handgun, firearms identification card license, or any firearms license, certification, certificate, form of register, or registration statement. For the purposes of this paragraph, information contained in a background investigation shall include, but not be limited to, identity, name, address, social security number, phone number, fax number, driver's license number, email address, social media address of any applicant, licensee, registrant or permit holder.

See also N.J.S.A. 47:1A-1.3, which provides:

Notwithstanding the provisions of any other statute or regulation to the contrary, government record as defined in section 1 of P.L.1995, c. 23 (C.47:1A-1.1) shall include aggregate information regarding the total number of permits to purchase a handgun and firearms purchaser identification cards, without any personal identifying information, that have been issued by the Superintendent of State Police or the Chief of Police of a municipal police department.

Permits are generally not required. Concealed carry permits are confidential. NMSA 1978, §29-19-6(B).

According to the express terms of N.Y. Penal Law § 400.00(5), “the name and address of any person” who has been granted a pistol permit license “shall be a public record.” See Sportsmen’s Ass’n v. Kane, 178 Misc.2d 185 (Sup. Ct. Nassau Cty., 1998) (“it is clear that the Legislature intended only the name and address of the [pistol permit] licensee to be a public record”), aff’d, 266 A.D.2d 396 (2d Dep’t 1999).

In 2014, the North Carolina General Assembly enacted legislation to make information provided in applying for a concealed handgun permit and the names of people obtaining permits from sheriff’s offices no longer public. The list of denied permits remains public record. Additionally, while all dealers must keep accurate records of all sales, the records maintained by dealers are not public records. G.S. §§ 14-415.17, 14-404, 66-407.

Information collected from an applicant for a license to carry a firearm or dangerous weapon concealed is confidential. N.D.C.C. § 62.1-04-03(8).

Records related to the issuance, renewal, suspension, or revocation of a license to carry a concealed handgun are not public records.  Ohio Rev. Code § 2923.129(B).

The Oklahoma State Bureau of Investigation maintains a list of all persons issued a handgun license under the Oklahoma Self-Defense Act, but the list is available only to law enforcement agencies. 21 O.S. § 1290.13

In 2010, Oregon’s intermediate appellate court held that records of concealed handgun licenses are public records. Mail Tribune, Inc. v. Winters, 236 Or. App. 91, 237 P.3d 831 (2010). However, in 2012, the Oregon Legislature passed what is now ORS 192.374, which expressly prohibits disclosure of records or information identifying holders of concealed handgun licenses, except in certain circumstances.

While the Law does not specifically address gun permits, gun permits, with certain personal information redacted pursuant to 65 Pa. Stat. Ann. § 67.708(b)(6), are likely public records under the Law.

Under the old act, certain information in a gun permit application is public, e.g., name, race, reason for requesting the license, personal references, and answers to background questions. Other information – e.g., home addresses, telephone numbers and social security numbers – is protected from disclosure under the law’s personal security exception.  See Pa. State Educ. Ass’n. v. Commonwealth, 148 A.3d 142 (Pa. 2016).

In Providence Journal Co. v. Pine, 1998 WL 356904 (R.I.Super. 1998), the court decided that gun permit records are included under the APRA.  Nevertheless, the Attorney General must redact all exempt portions from the gun permit records. It is entirely up to the Attorney General whether he chooses to manually redact material or whether he prefers to prepare a computer program in order to accomplish the same result; however the fact that the Attorney General may have to reprogram the computer will not serve as a bar to providing accessible gun permit records.  Id. at *18.

A list of persons with permits to carry concealed weapons may only be released to law enforcement or in response to a subpoena or court order. S.C. Code Ann. § 23-31-215(I).

State law is designed to prevent release of information concerning those licensed to own owning a firearm or carry a concealed pistol. SDCL §23-7-8.10.

All TBI investigative records and records of the handgun carry permit division of the Department of Safety "relating to bogus handgun carry permits . . . issued to undercover law enforcement agents shall be treated as confidential." T.C.A. § 10-7-504(a)(2). Information in an application for a handgun permit are confidential. T.C.A. § 10-7-504 (o).

Not specifically addressed.

When a concealed weapons permit is issued, a record shall be maintained by the office of the licensing authority, but the names, addresses, telephone numbers, dates of birth, and Social Security numbers of persons receiving such permits are classified as protected records under GRAMA. Utah Code § 53-5-708(1).

Gun permits are not required in Vermont; therefore, there are no such records.

The Department of State Police receive all orders issuing concealed handgun permits and enter the information into the Virginia Criminal Information Network.  This information must be withheld from public disclosure.  The Department may release information relating to non-residents holding permits and may publish statistical abstracts or summaries.  Va. Code Ann. § 18.2-308.07.

License applications for concealed pistols are exempt from public disclosure. RCW 42.56.240(4).

Until 2015 West Virginia required those who desire to carry concealed weapons to obtain a permit. W. Va. Code § 61-7-4. The 2015 West Virginia Legislature amended FOIA to add a twentieth exemption for gun license application information "including applications, supporting documents, permits, renewals, or any other information that would identify an applicant for or holder of a concealed weapon permit." W. Va. Code § 5B-2-4(a)(20).

A proviso to exemption 20 states that "information in the aggregate that does not identify any permit holder other than by county or municipality is not exempted." Moreover, information or other records that fall within exemption 20 may, nevertheless, be disclosed to a law enforcement agency or officer to determine the validity of a permit, to assist in a criminal investigation or prosecution, or for other lawful law- enforcement purposes. Id. § 5B-2-4(a)(20) (i) (ii) and (iii).

However, the 2016 Legislature repealed requirements for a permit to carry a hidden firearm for those over the age of 21. Thus, practically speaking, the twentieth FOIA exemption applies only to concealed weapons permits required for West Virginians who want to carry concealed in the more than 30 states with which West Virginia has concealed carry reciprocity agreements and to provisional carry permits issued to persons between the ages of 18 and 21.

Concealed carry license records are not public except in the context of a prosecution. Wis. Stat. § 175.60(12)(c).

The Wyoming Legislature enacted a law in 2011 that all Wyoming citizens may carry concealed weapons.  Concealed carry permits are confidential.