Townhall.

The New York State Supreme Court last week granted a motion ordering the New York City Police Department (NYPD) to turn over the name, zip codes and license category of anyone who was granted a firearm license in 2018.

The New York Daily News made the request under the Freedom of Information Act (FOIA) request process, which provides public information from government agencies to citizens and journalists.

According to the lawsuit filed against the NYPD, the newspaper makes the argument that they should have access to the information because their reporters “frequently cover gun-related political and policing issues.”

The Daily News argues that the information can be turned over because of a state law – known as the SAFE Act – that declared “that names and addresses of all firearms licenses were public information.”

Under the SAFE Act, gun owners have the ability to opt-out of their information being handed over in FOIA requests but their application has to be approved. It’s the information of those that did not opt-out that the newspaper wants.

“The SAFE act requires disclosure of the names and addresses of gun licensees unless they have applied for and been granted an exemption under the statute,” the lawsuit stated.

The NYPD denied the request on multiple occasions, citing various reasons, like an “invasion of privacy” and “extraordinary effort” would have to be put forth to collect the records.

The licensing department did, however, provide information about the types of permits that were Issued by zip code from January 1, 2014 to December 31, 2017. They did not hand over specific names. After an appeal, the licensing department provided a list of 132 names for people who attempted to opt-out but were denied. The newspaper, however, wasn’t happy with the list because it didn’t specify what kind of firearm the licensee possessed.

The court concluded that the department violated the FOIL.

“Absent the SAFE Act exemption, respondent must submit the following information to petitioner: The license category and zip code of ‘Members of Service’ who were licensed during Calendar Year 2018 (either by renewal or for the first time) be submitted to petitioner,” the court ordered. “… respondent may withhold their names. Respondent must also give to petitioner the name, zip code, and license category of those to whom it granted a new or renewal license during Calendar Year 2018. This information covers all licensees who applied prior to Calender Year 2018 but were granted a license during that year.”

There are two problems here: [1] the law itself, which is an invasion of privacy, and [2] the court decision which doesn’t recognize that it’s an unconstitutional invasion of privacy.

I’ll also comment that the law converts a right into a license in that it forces an individual both to know that he must opt out of this abomination, and spend the time and energy to do it.  It’s as bad as a license and fee for the exercise of a God-given right.

Nice job, court.  Now maybe criminals will know to whom they can go to steal weapons and harm people.  Criminals might include thieves or SWAT teams performing raids.

If you’re a gun owner and live in New York, I just have one question.  Why?