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NEWS
Bill triggers guns-privacy debate
Cabell County Sheriff's Deputy Doug Adams displays an assortment of common handguns on Wednesday, Feb. 27, 2008.
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HUNTINGTON -- There are more than 2,800 people licensed to carry concealed weapons in Cabell County, and as of now their names are a matter of public record.
But a proposal in the West Virginia Legislature aimed at closing those records still had some life as of Friday.
The five-year weapon permits allow many law-abiding citizens to carry a concealed pistol or revolver. Those names are recorded at the Cabell County Courthouse and open for public review.
House Bill 4026, which would limit access of that information to the permit holder, his or her attorney, guardians and law enforcement agencies, was placed Friday on the House's Special Calendar. Later it was tabled on third reading during the session, meaning it can be read a third time when the House returns on Monday.
Proponents say the legislation is needed to protect the permit holder's privacy, but open record advocates argue the move would infringe upon the public's right to watch its government in action.
Roger Casey, 63, is a permit holder in Cabell County and a certified instructor for the National Rifle Association. He does not believe it is necessary for his neighbors, or anyone else, to know that he carries a concealed weapon.
"If it's public record and (the newspaper) publishes the list of names in the paper, it further embarrasses people who want to remain anonymous," he said. "That's their privacy and their right."
Open records advocates disagree.
Lucy Dalglish is the executive director of the Reporters Committee for Freedom of the Press. She said concealed weapon permits are a privilege, and she believes there is great value in public oversight.
"I want to be able to know about it," Dalglish said. "On certain occasions, it is my business whether or not someone is carrying a gun."
Ohio and Kentucky are among at least 18 states where those records are confidential, according to a Web site maintained by Dalglish's group.
West Virginia's House Judiciary committee endorsed the proposed legislation with a voice vote Feb. 18. Del. Kelli Sobonya, R-Cabell, is a member of the committee, where she said the bill received overwhelming support.
Sobonya said there are two sides to the issue, and she is undecided about which position to support.
"On one hand, I am a strong proponent of transparency and open records," she said. "However, on the other hand, I'm not sure if you choose to get a concealed weapon permit that you should necessarily surrender your right to privacy."
James Smith, 29, of Barboursville, says he rarely carries a weapon, but he keeps his permit for those occasions when it is needed. He believes the permit is a private matter.
"It should be personal," he said. "I'm a law-abiding citizen. I think it's my business and nobody else's."
The National Rifle Association agrees, according to spokesperson Ashley Varner. Her group supports any legislation protecting the privacy of law-abiding citizens. She said many permit holders carry a weapon for personal protection. Her group worries public records negate that reasoning.
Varner said her group receives telephone calls from gun owners when newspapers choose to publish permit holders' names.
"People are outraged and scared," she said. "We have spoken to women who have had to move two or three times because they have a stalker, and now their name and address is out there for that person to see."
Varner said her group also has received phone calls from ex-wives who obtain permits after a messy divorce.
"The reporters in these cases have apparently not considered how they are affecting the well-being of these law-abiding individuals," she said. "I haven't talked to any reporter yet who has been able to give me a compelling case for why posting people's names and personal information in the newspaper helps the public."
Dalglish said it is all about allowing the people to shine a light on their government.
"It's a way of allowing the public to engage in oversight of how the concealed weapons permitting process is working," she said. "The fact that someone has been given a privilege, by a state, to do something that other people are not allowed to do is a matter of public interest and that information should be available."
Obtaining a permit in West Virginia requires the applicant to be 21 years old and meet other qualifications. The applicant cannot be convicted of a felony or domestic violence crime. He or she also must attend a certified training course.
Chief Sheriff's Deputy Jim Scheidler helps manage the permitting process in Cabell County. Retired Lt. Tom McComas taught the Sheriff's Department training course for many years.
Both lawmen said they believe weapon permit records should be open to the public.
McComas recalled success stories from when local media used to publish the information as part of a courthouse records section. The permitting process was then moved from Circuit Court to the Sheriff's Department.
McComas said readers would see the names and then alert authorities to the applicant's criminal past. It happened on at least two occasions.
"That would just add further checks and balances to the system," he said. "Although the system does a very good job, there is a rare occasion that somebody that could be prohibited (from carrying a firearm) would obtain a permit."
McComas and Scheidler understand a person's desire for privacy, but they said sealing the records would not necessarily protect permit holders from crime.
McComas said much of the information, such as a person's home address, can be found on the Internet, in the telephone book or at the local assessor's office.
"Regardless of this law passing or not passing, there are a whole lot of places right now where those same people can get that information," he said.
Scheidler supports open records, but worries the permit records could provide too much personal information.
Protecting Social Security numbers is Scheidler's biggest concern. He worries open records could enable a person to steal another's identity, but he admits a career criminal will find a way to commit a crime.
Dalglish said her group understands those concerns and supports measures that would redact personal information, but uphold the integrity of open government. She said the number in a person's street address and a portion of their Social Security number could be redacted.
