Gun Permits Come With Privacy Protections; Recall Signatures - - Nope
Conservatives got their way in the name of Open Records and Open Government. If you signed a petition against the Walker/Kleefisch team, your name is going online.
Forget the privacy fears of people worried about being tracked by domestic violence perpetrators,
restraining order violators, other stalkers, etc.
As I pointed out yesterday, Walker and his allies have complained about or meddled in other open records/open government situations without fear of contradiction.
It's all pretty situational.
Here's another example of the right's political double-standard when it comes to opening up citizen records:
Last year, the Legislature capitulated to the pro-gun movement after it objected to the release of information through Open Records about who'd obtained a Wisconsin concealed carry permit - - documentation created by the state.
Nonono - - can't have that! Personal privacy was at stake.
Case, and records closed.
The law was written to make sure that permit information about individuals was exempt from release under the Open Records law and even to law enforcement in some cases.
So spare me the pious baloney about open records and open government.
Bottom line. Not everyone's privacy guarantees are created equally.
People who have a state-issued license to carry a concealed weapon know the government has their back on the privacy issue, as you can see from the Department of Justice:
This Q&A produced by the Attorney General's office - - WISCONSIN’S NEW CARRYING CONCEALED WEAPON LAW QUESTIONS AND ANSWERS AUGUST 2, 2011 - - contains these explanations:
Is the information regarding CCW licenses available to the public?
No. The information regarding CCW licenses is not considered a public record and the DOJ, Department of Transportation (DOT), or any employee of DOJ or DOT, cannot make it available to the public except in the context of a prosecution for an offense in which the person’s status as a licensee or holder of a certification card is relevant or through DOJ’s annual report to the Legislature and the Governor. Wis. Stat. § 175.60(12)(c).
Does DOJ issue any reports regarding CCW licenses?
DOJ is required to submit a statistical report to the Legislature and the Governor annually by March 1 of each year...DOJ may not include in the report any information that may be used to identify an applicant or a licensee, including but not limited to a name, address, birth date, or Social Security number.
Wis. Stat. § 175.60(19)...
Is the information regarding CCW licenses available to a law enforcement agency?
Yes, in limited circumstances. A law enforcement officer may not request or be provided information from such computerized record concerning a specific individual except for specified purposes including to confirm that a license or certification card produced by an individual at the request of a law enforcement officer is valid or, if an individual does not have his or her license document or certification card with him or her, to confirm that the individual holds a valid license or certification card or to investigate whether the person made false statements in their license application or renewal.
Wis. Stat. § 175.60(12)(b)
and (12g)(b)...
Are there some things a law enforcement agency cannot do with license information?
Neither a law enforcement agency nor any of its employees may store or maintain information regarding an individual that was obtained from DOJ based on the individual’s status as a licensee or holder of a certificate card.
8 comments:
If you really want to call out the Republicans for their hypocrisy on the recall database, point out the Tascon List, a database of recall petition signers in Venezuela that has been used for all sorts of retaliation.
Not sure how you claim unequality, but, what exactly is not equal about this?
If I apply for a CCW Permit, my name is not made public. The law isn't applied differently whether I am a democrat or a republican. The closed nature of these public documents was determined in the writing of the bill. It is not applied differently to individuals based on political party affiliation.
If I sign a recall petition, my name is (or should be) made public whether I am a republican or democrat. This is determined by the WI open record statutes.
In the case of the Gov. recall petitions, they were trying to keep secret the names of the signers (99% democrats) of the petitions. Whereas, they had no problem releasing the names of the senate recall petitions which included many republicans.
Treating all individuals the same is what is constitutes equality.
All people applying for a CCW permit are treated equal. With the release of all petitions, all signers are treated equally as well.
Now you can argue that CCW permit holders names should be made public per WI open records, but don't conflate:) the two issues.
Everyone in WI is certainly being treated equal on these two separate issues.
Let's take this to Judge Mac Davis and demand, based on precedent that he provided, a searchable database of concealed-carry licensees.
Seriously. I'm changing my work practices because of this law. I work for the state, and in a job that requires potentially angering hundreds of people daily -- and in an office with no security, whatsoever. I'd like to know, when a licensee shows up at my door, to move them into the more public hallway to discuss their issues.
Right now, without security or such information, the state has a lot of liability, if anything happens to me.
@Anon,
What happens if someone comes in angry who does NOT have a license. Then what would you do? I don't think criminals who would shoot people keep a database of themselves. Does your office offer protection from the illegal gun carriers?
Are you more afraid of the law-abiding citizen than you are of the law-breaking gun carrier?
If so, that may say something about your logical thought process.
I really can't believe how much sense I make on this issue. My guess is that is exactly why so many democrats supported this constitutional right as well.
@ RD said...
"Are you more afraid of the law-abiding citizen than you are of the law-breaking gun carrier?"
The thing is...all it takes is ONE TIME for a "law-abiding citizen", perhaps in a moment's anger or some other strong emotion (or drunken rage, etc.-something other than a true accident), to make a deadly decision in the heat of the moment, and BANG! Instant "law-breaking gun carrier". And then, what's done is done.
Another thought: OK, so it's not guns that kill people, it's PEOPLE that kill people, supposedly, right? Well then, why are gun groups (NRA, etc.), working to get guns into the hands of as many PEOPLE as possible, concealed or open-carry or whatever? What about PEOPLE WITH GUNS?
And with, apparently, such lax oversight, how will we even know when someone has crossed the line from "law-abiding citizen" to "law-breaking gun carrier" -and don't tell me it doesn't happen, we're all only human after all.
Additionally, how will we ever even know if the actual "problem" (whatever it was?) supposedly addressed by this CC law is even being resolved or not? Who can keep track?
Just sayin'...
There was an interesting story on NPR this morning. Wisconsin has the highest murder rate in the US for African American males. According to the story, it has been proven that the best way to decrease murder rates is to restrict access to guns.
@anon 10:36
What a ridiculous claim.
First, your problems start with getting your information from NPR.
Second, if what you cite is true about AA's, they most likely do not have CCW permits factored in, because they just started being issued in November. Additionally, this fact if true has absolutely nothing to do with CCW.
Second, if your claim about the need to restrict access to firearms is correct, why then was Washington DC the murder capital of the US for years when that city banned guns?
When you ban weapons, the only people who carry them are the bad guys.
@anon 10:23.
I'm still not sure what exactly you are afraid of?
If I get this right, you want to ban CCW permit holders from carrying, but don't feel a need to take any action to prevent the non-ccw (but still packing a gun) people from entering your building?
Does your building have security to frisk everyone that enters? Do you have metal detectors? Is their security to stop gun related crimes on the premises?
The CCW permit holder is not going to be a problem in 99.999% of all gun related problems.
I understand you may not agree with CCW, but that doesn't make the facts and logic of CCW go away. Plus the fact that 48 other states have CCW and there is simply NOT any of the problems you claim will exist. Again, just this is just the facts.
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