Concealed Gun Permits Still Open Records

By Shadae Lee Sunday, March 28, 2010

RICHMOND – You can still go to your local courthouse to see if someone has a permit to carry a concealed weapon.

A bill that would have prevented the public from accessing concealed handgun records and applications failed during the General Assembly’s recently completed session.

House Bill 79, sponsored by Delegate R. Lee Ware, R-Powhatan, stated that court clerks “shall withhold from public disclosure permit applications and information regarding identifiable permittees” The legislation would have made the permit information available only to law-enforcement agencies.

The House of Delegates voted 87-10 in favor of the bill. However, the proposal died in the Senate Courts of Justice Committee.

The Virginia Citizens Defense League, a gun rights group, supported the proposal, saying it would protect the privacy – and possibly the lives – of concealed handgun permit owners.

Philip Van Cleave, the league’s president, said some individuals who have concealed weapons permit are hiding from violent ex-spouses or have had their lives threatened.

But Megan Rhyne, executive director of the Virginia Coalition for Open Government, said she was pleased to see HB 79 defeated.

She said it’s important for concealed weapons permits to remain open to public inspection. That way, people are able to monitor the permit process to make sure localities are processing applications properly, Rhyne said.

Reporters accessed such records in January after a man shot and killed eight people in Appomattox County. Local newspapers reviewed concealed weapons applications and found that the suspect, Christopher Speight, a 39-year-old security guard, had a permit to carry a concealed firearm.

“Access to these records is not just about finding out who has a permit and whether those people should have a permit, but it is important,” Rhyne said.

Also, because the records are public, it is possible to contact permit holders about educational, marketing or recreational opportunities.
Until 2007, Virginia had a centralized database that citizens could use to look up concealed weapons permits. The information now is available only at the courthouse for a particular county or city.

Van Cleave and Rhyne agree that someone’s life may be put in jeopardy by someone gaining access to a permit application.

However, Rhyne said the same problem can arise with information contained on any public record and information published on the Internet.

“The solution is to employ law enforcement and the court system to punish people who make threats or attempt violence against others – not to close off access to public records,” Rhyne said.