Knimrod
03-13-2006, 11:10 PM
Privacy outranks public right with concealed guns
March 13, 2006
By ANDREA MASON
Times Herald (Port Huron)
Clouds sometimes form over the state's "sunshine laws" intended to offer easy access to public records.
Technically, certain documents are available under the Freedom of Information Act. However, an individual's right to privacy can outweigh the public's right to know, experts said.
Take, for example, Michigan's permits for carrying a concealed weapon.
The permits are on file at each county clerk's office, and the information could be released. However, clerks are not obligated to make public the names of permit-holders.
"Concealed-weapon permits - because they are held by public bodies - are subject to FOIA (the Freedom of Information Act)," said Tom Quasarano, a state assistant attorney general.
However, the information may be withheld on grounds of privacy.
"The right of privacy would outweigh the right to know," Quasarano said.
In 2000, the Michigan Appellate Court struck down a Detroit Free Press' attempt to view any and all such permits possibly held by legislators. The court cited legislators' privacy.
The Michigan State Police does make available the number of applications by county and their status. For example, St. Clair County had 1,393 applications from July 1, 2004, through June 30, 2005. Of those, 1,340 were approved. The records give reasons why some applications were denied or revoked.
Those records can be requested directly from the state police or found online through the state government Web site.
People who possess concealed-pistol permits are law-abiding citizens, said Lt. Thomas Carr of the St. Clair County Sheriff Department.
Those not eligible for permits include felons, people suspected in a felony, people with serious mental conditions and people convicted of certain serious misdemeanors.
Requirements include being a state resident for at least six months, being at least 21 years old and successfully completing pistol-safety training.
Concealed weapons are not allowed in certain places in Michigan, such as churches, courtrooms, schools, college dormitories, casinos, hospitals, sports arenas and casinos.
The permit resembles a small card, about the size of a driver's license.
It has a photo, name, date of birth and date of expiration. Permits are issued for five years at a time.
Link to story (http://www.thetimesherald.com/apps/pbcs.dll/article?AID=/20060313/NEWS01/603130306/1002)
March 13, 2006
By ANDREA MASON
Times Herald (Port Huron)
Clouds sometimes form over the state's "sunshine laws" intended to offer easy access to public records.
Technically, certain documents are available under the Freedom of Information Act. However, an individual's right to privacy can outweigh the public's right to know, experts said.
Take, for example, Michigan's permits for carrying a concealed weapon.
The permits are on file at each county clerk's office, and the information could be released. However, clerks are not obligated to make public the names of permit-holders.
"Concealed-weapon permits - because they are held by public bodies - are subject to FOIA (the Freedom of Information Act)," said Tom Quasarano, a state assistant attorney general.
However, the information may be withheld on grounds of privacy.
"The right of privacy would outweigh the right to know," Quasarano said.
In 2000, the Michigan Appellate Court struck down a Detroit Free Press' attempt to view any and all such permits possibly held by legislators. The court cited legislators' privacy.
The Michigan State Police does make available the number of applications by county and their status. For example, St. Clair County had 1,393 applications from July 1, 2004, through June 30, 2005. Of those, 1,340 were approved. The records give reasons why some applications were denied or revoked.
Those records can be requested directly from the state police or found online through the state government Web site.
People who possess concealed-pistol permits are law-abiding citizens, said Lt. Thomas Carr of the St. Clair County Sheriff Department.
Those not eligible for permits include felons, people suspected in a felony, people with serious mental conditions and people convicted of certain serious misdemeanors.
Requirements include being a state resident for at least six months, being at least 21 years old and successfully completing pistol-safety training.
Concealed weapons are not allowed in certain places in Michigan, such as churches, courtrooms, schools, college dormitories, casinos, hospitals, sports arenas and casinos.
The permit resembles a small card, about the size of a driver's license.
It has a photo, name, date of birth and date of expiration. Permits are issued for five years at a time.
Link to story (http://www.thetimesherald.com/apps/pbcs.dll/article?AID=/20060313/NEWS01/603130306/1002)