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Thread: SB 1084 - Access to concealed handgun permittee information.

  1. #1
    Regular Member TFred's Avatar
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    SB 1084 - Access to concealed handgun permittee information.

    Not the best it could be, but better than nothing. And since it's starting in the Senate, it just might not automatically get killed in the illegal Special sub-committee.

    I'm afraid that with "opt-out" protection, it's too easy to mistakenly release the info. If that happens, the clerk says "oops" and you're outed.

    TFred

    SB 1084 - Access to concealed handgun permittee information.

    Access to concealed handgun permittee information. Prohibits the clerk of the court from disclosing identifying information contained on a concealed handgun permit application or on an order issuing a concealed handgun permit, if so requested by the applicant or permittee.

    Pertinent change in italics:

    D1. The clerk of court may withhold from public disclosure the social security number contained in a permit application in response to a request to inspect or copy any such permit application, except that such social security number shall not be withheld from any law-enforcement officer acting in the performance of his official duties.

    The clerk of court shall withhold from public disclosure the name and any other identifying information contained on a concealed handgun permit application or an order issuing a concealed handgun permit, if so requested by the applicant or permittee. The application for a concealed handgun permit shall include a place for the applicant to indicate that he would like his name and identifying information withheld from public disclosure. However, such identifying information shall not be withheld from any law-enforcement officer acting in the performance of his official duties.

    TFred

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    Regular Member TFred's Avatar
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    I just realized that this bill does not have any provision to retroactively protect the information of current CHP holders.

    That might be something to address if it makes it over to the House side.

    It's still bouncing around the Senate:

    01/11/11 Senate: Prefiled and ordered printed; offered 01/12/11 11103604D
    01/11/11 Senate: Referred to Committee for Courts of Justice
    01/13/11 Senate: Assigned Courts sub: Criminal

    TFred

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    Patience

    Quote Originally Posted by TFred View Post
    I just realized that this bill does not have any provision to retroactively protect the information of current CHP holders.

    That might be something to address if it makes it over to the House side.

    It's still bouncing around the Senate:

    01/11/11 Senate: Prefiled and ordered printed; offered 01/12/11 11103604D
    01/11/11 Senate: Referred to Committee for Courts of Justice
    01/13/11 Senate: Assigned Courts sub: Criminal

    TFred
    Expect to see an important fix to that bill when it is heard.

  4. #4
    Regular Member TFred's Avatar
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    Quote Originally Posted by VCDL President View Post
    Expect to see an important fix to that bill when it is heard.
    I would be quite pleased if it makes it as is... but yeah it could be better. If it does make it out of the Senate, we definitely want it to come in an acceptable form, if it gets sent back with any changes, it'll probably end up in the Death Star subcommittee.

    TFred

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    So, earnest question, does Virginia have anything like the '74 Privacy Act?

    If so, what would it take to modify said act to include CHP/CWP information?

    If not, what would it take to slide a bill in that declares said CXP information as protected under the Privacy Act?
    Why open carry? Because 1911 > 911.

  6. #6
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    SB 1084 does have an opt-out provision for current CHP holders tucked into a second enactment following the amendments to Va. Code 18.2-308:

    2. That any person who holds a valid concealed handgun permit issued on or before July 1, 2011, when this act becomes effective, may request in writing to the clerk of court that issued the permit that his name and identifying information on his permit application and the order issuing the permit be withheld from public disclosure. Upon receipt of such request, the clerk of court shall withhold the information from public disclosure.
    Last edited by JimMullinsWVCDL; 01-26-2011 at 08:08 PM.
    James M. "Jim" Mullins, Jr., Esq.
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    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  7. #7
    Regular Member TFred's Avatar
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    Quote Originally Posted by WVCDL View Post
    SB 1084 does have an opt-out provision for current CHP holders tucked into a second enactment following the amendments to Va. Code 18.2-308:
    That's fascinating...

    If you look at the full text here, or the highlight text here, neither one properly indicate that additional code as being new, so it is practically impossible to see it as a change to the law.

    But the .pdf file does show it properly. Somebody goofed up.

    TFred

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