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VA-ALERT: VCDL testifies to close FOIA loophole and protect CHP info

W.E.G.

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VA-ALERT: VCDL testifies to close FOIA loophole and protect CHP info

-----Original Message-----
From: Philip Van Cleave
Sent: Saturday, August 09, 2008 11:27 PM
Subject: VA-ALERT: VCDL testifies to close FOIA loophole and protect CHP info!


Last Tuesday the Freedom of Information Act (FOIA) Council
subcommittee asked for input on Senator Houck's bill, SB 529, that
would prohibit the Virginia State Police from disseminating Concealed
Handgun Permit holder information, BUT would still allow Circuit
Courts to give out that information.

It is probably no coincidence that Senator Houck likes that FOIA
loophole, as the Fredericksburg Freelance-Star is in his district. He
made a point of praising the paper in front of the subcommittee
(ugh). The anti-gun paper unscrupulously prints the names and
addresses of new CHP holders in the Fredericksburg area in order to
intimidate gun owners from obtaining CHPs.

Three people spoke: Theron P. Keller, BJ Ostergren, and I.

I told the subcommittee that CHP information needs to be kept TOTALLY
private, as many CHP holder's lives can be put in jeopardy by
providing their address to those who might wish to do them harm. I
told the subcommittee that included prohibiting dissemination of CHP
information from CIRCUIT COURTS as well as from the State Police.

I said that there is no legitimate First Amendment reason for
releasing CHP information.

Theron and BJ both did excellent jobs, making more or less the same
points.

Theron pointed out that the AG opinion last year on the CHP
information, says not once, but twice, that "it is my opinion that
the express language of §18.2-308(K) limits the use of concealed carry
permit information to law-enforcement personnel for investigative
purposes." That, of course, strengthens our case to eliminate Houck's
FOIA Loophole.

We will continue to fight to keep CHP records from public
dissemination when Senator Houck's FOIA Loophole bill is heard again
next year.

Here is coverage by Channel 29 (NBC) in Charlottesville.

There is a statement in the story that VCDL takes STRONG EXCEPTION to:

"Prior to the 2008 legislative session, gun rights activists and press
associations agreed to a compromise, which became Senate Bill 529."

VCDL most certainly did NOT agree to any compromise on the Circuit
Court loophole last year. We wanted the records totally closed,
EXCEPT for bona fide gun organizations for education purposes.
Perhaps other organizations agreed to the Circuit Court loophole, but
VCDL did not and will not. In fact, this year, I did not even ask for
the educational exception. We just want to close the list. Period,
end of story.

http://www.nbc29.com/Global/story.asp?S=8792360&nav=menu496_2_5

State Lawmakers Spar Over Gun Rights

Updated: Aug 5, 2008 06:04 PM EDT

State leaders are continuing to battle over what, if any, information
should be public record when it comes to Virginia's concealed carry
permits.

In the past, press organizations have revealed all of the holders, but
many gun rights activists say that shouldn't be allowed.

If you think this sounds like an argument the General Assembly had
last year, you're right. A deal was struck by the Freedom of
Information Council heading into last year's legislative session, but
that deal seems to have fallen apart.

"Its hard to get a consensus between the access and the privacy
pieces. It's always the balance that, I think, we have some difficulty
trying to achieve," said 17th District Senator Edd Houck (D).

Houck leads the subcommittee that has been studying the concealed
carry issue. The debate centers on allowing the names and addresses of
those who have concealed gun permits to be public record.

"You want to put up where the rapists in a community are, fine. But
the decent law abiding people you don't need to put that," said
Phillip VanCleave with the Virginia Citizens Defense League.

Prior to the 2008 legislative session, gun rights activists and press
associations agreed to a compromise, which became Senate Bill 529. The
bill stated that the Virginia State Police would continue to keep a
record of who has a permit, but could only release those names to
other officials, such as law enforcement agencies.

The press associations said the compromise wasn't perfect, but it was
one they could live with. But there were still some questions about
the bill during the session, so it's now back in subcommittee for
another year. And that's where some activists say it still needs a lot
of work.

"It closes a backdoor, but it leaves a front door wide open," said
Theron Keller, a concerned resident.

The controversy over this issue began last year when the Roanoke Times
printed the names and addresses of all the concealed weapons holders
in its area.

----------------------------------------------------------------------
VCDL's Gun Dealer Legal Defense Fund -- help fight Mayor Bloomberg's
scheme to cripple Virginia firearms dealers. See:
http://www.vcdl.org/index.html#DefenseFund
----------------------------------------------------------------------
VCDL's meeting schedule: http://www.vcdl.org/meetings.html
----------------------------------------------------------------------


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***************************************************************************
VA-ALERT is a project of the Virginia Citizens Defense League, Inc.
(VCDL). VCDL is an all-volunteer, non-partisan grassroots organization
dedicated to defending the human rights of all Virginians. The Right to
Keep and Bear Arms is a fundamental human right.

VCDL web page: http://www.vcdl.org
***************************************************************************
 

Thundar

Regular Member
Joined
Sep 12, 2007
Messages
4,946
Location
Newport News, Virginia, USA
imported post

Thank you VCDL. Having been a victim of the Freelace Star's CHP "outing" it is sad to see that we need to have a legislative solution to stupid behaviour.Since we cannot cure the stupid actions of the Freelance Star, it is great to have such apowerful advocate to shield us from theirresponsibleactions of that rag.

VCDL - The shield against firearms stupidity.
 

LdoMaj_Ammo

Regular Member
Joined
Apr 27, 2008
Messages
64
Location
Spotsylvania County, Virginia, USA
imported post

Curious where they post these CHPs... I have been watching Fredericksburg Freelance-Staron-line (cancelled my subscription a few monthsbecause of mention of the postings). Never saw my information post after I received my CHP... been waiting for it to show so I could write a letter to them expressing my displeasure.

EDIT: Finally found a couple postings... but both were from 2005
 
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