senate Bill S2132

2013-2014 Legislative Session

Exempts from disclosure on the freedom of information law, the issuance of pistol permits to any person

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to investigations and government operations
Jan 11, 2013 referred to investigations and government operations

Co-Sponsors

S2132 - Bill Details

Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Amd ยง87, Pub Off L

S2132 - Bill Texts

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Exempts from disclosure on the freedom of information law, the issuance of pistol permits to any person.

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BILL NUMBER:S2132

TITLE OF BILL: An act to amend the public officers law, in relation
to exempting the disclosure, under the freedom of information law, of
the name of any person issued a license to carry or possess a firearm

PURPOSE: This legislation would exempt all persons name and address
who have a pistol permit from the Freedom of Information Law (FOIL)
other than law enforcement.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Subdivision 2 of section 87 of the public officers law; As
added by Section 12 of part II of chapter 59 of the laws of 2010, are
amended and a new paragraph (m) is added to read as follows: external
audits, including but not limited to audits performed by the
comptroller and the federal government OR are examination questions or
answers which are requested prior to the final administration of such
questions. (m) is information related to the issuance, pursuant to
article four hundred of the penal law, of any license to carry or
posses firearms; provided, however, that no provision of this
subparagraph shall be deemed to prohibit the disclosure of such
information to a law enforcement agency for the purpose of conducting
an investigation or prosecution.

JUSTIFICATION: The recent abuses of the public access to New York
State's pistol permit registry due to the creation of virtual mapping
has created a roadmap for criminals listing the names and addresses of
those that have guns and by elimination showing those that do not.
This creates the ability for criminals to easily compile a target list
of victims from which they can steal guns or bring harm during an
attempted act of violence and or robbery.

The law is currently written to allow a FOIL request to be made at all
County Clerk's offices in New York for a listing of licensed pistol
permit holders names and addresses. Having these names and addresses
publicly available online creates serious concern for the privacy and
safety of all listed. It also endangers those who do not possess a
pistol permit by providing information to criminals of those not
protected by a legal firearm.

When initially established the Freedom of Information Law couldn't
possibly be written to factor in modern technology including social
media tools (Twitter, Facebook, etc) or advanced mapping technologies
like Google Maps. These social media advancements emerged as
commonplace tools to access personal information after many public
information laws were passed. The advent of the Internet must be
considered when working to ensure every citizen of New York has both
their privacy and safety protected, guaranteed by law.

The main priority in amending the public officers law is to protect
legal pistol permit holders in New York from the unwarranted public
disclosure of personal information. By updating the privacy
protections of law-abiding pistol permit holders of New York State to
meet modern realities.


New York will join a vast majority of states that protect the privacy
of legal pistol permit holders. This legislation maintains law
enforcement and prosecutors full authority to have access to
confidential information while protecting all law abiding pistol
permit holders in the State of New York.

Therefore, this legislation will block the public disclosure of legal
pistol permit holders names and addresses. Both permit and non-permit
holders will be more secure, while still granting law enforcement and
prosecutors access to information they need.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to New York State.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2132

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 11, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the public officers law, in relation  to  exempting  the
  disclosure,  under  the freedom of information law, of the name of any
  person issued a license to carry or possess a firearm

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subparagraph iv of paragraph (g), and paragraphs (h), (i),
(j), (k) and (l) of subdivision 2 of section 87 of the  public  officers
law,  subparagraph  iv  of  paragraph (g) as added by chapter 510 of the
laws of 1999, paragraph (h) as added by chapter 933 of the laws of 1977,
paragraph (i) as amended by chapter 154 of the laws of  2010,  paragraph
(j)  as added by chapter 746 of the laws of 1988, paragraph (k) as sepa-
rately added by chapters 19, 20, 21, 22, 23 and 383 of the laws of 2009,
and paragraph (l) as added by section 12 of part II of chapter 59 of the
laws of 2010, are amended and a new paragraph (m) is added  to  read  as
follows:
  iv.  external audits, including but not limited to audits performed by
the comptroller and the federal government; [or]
  (h) are examination questions or answers which are requested prior  to
the final administration of such questions[.];
  (i)  if  disclosed,  would  jeopardize the capacity of an agency or an
entity that has shared information with an agency to guarantee the secu-
rity of its information technology assets, such assets encompassing both
electronic information systems and infrastructures; [or]
  (j) are photographs, microphotographs,  videotape  or  other  recorded
images  prepared  under  authority of section eleven hundred eleven-a of
the vehicle and traffic law[.];

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07085-02-3

S. 2132                             2

  (k) are photographs, microphotographs,  videotape  or  other  recorded
images  prepared  under  authority of section eleven hundred eleven-b of
the vehicle and traffic law[.];
  (l)  are  photographs,  microphotographs,  videotape or other recorded
images produced by a bus lane photo device prepared under  authority  of
section eleven hundred eleven-c of the vehicle and traffic law[.]; OR
  (M)  IS  INFORMATION RELATED TO THE ISSUANCE, PURSUANT TO ARTICLE FOUR
HUNDRED OF THE PENAL LAW, OF ANY LICENSE TO CARRY OR  POSSESS  FIREARMS;
PROVIDED,  HOWEVER,  THAT  NO  PROVISION  OF  THIS SUBPARAGRAPH SHALL BE
DEEMED TO PROHIBIT THE DISCLOSURE OF SUCH INFORMATION TO A LAW  ENFORCE-
MENT  AGENCY  FOR  THE  PURPOSE OF CONDUCTING AN INVESTIGATION OR PROSE-
CUTION.
  S 2. This act shall take effect immediately; provided,  however,  that
the  amendments  to  paragraphs  (j),  (k)  and  (l) of subdivision 2 of
section 87 of the public officers law made by section one  of  this  act
shall  not  affect the repeal of such paragraphs and shall expire and be
deemed repealed therewith.

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