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Thread: Permit Bill - releasing "names"

  1. #1
    Regular Member xenophon's Avatar
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    Permit Bill - releasing "names"

    Does the permit version of the WI bill have any wording that prevents "publishing of names of permit holders" ? Kind of worried about recent news articles from other states where names of permit holders get published.

    Gave a quick read, but nothing jumped out at me.

    Const. carry would be ideal so this wouldn't happen.....

  2. #2
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    Yes it does. It prohibits releasing names of permit holders except to LEO agencies for legitimate purposes, such as checking status of permits, and if need for any actions in a court of law where it may be relevant. NO "Freedom of information" crap for newspapers.

    Page 33, section 12

    (12) MAINTENANCE, USE, AND PUBLICATION OF RECORDS BY THE DEPARTMENT. (a) The
    department shall maintain a computerized record listing the names and the
    information specified in sub. (2m) (b) of all individuals who have been issued a license
    under this section. Subject to par. (b) 1. b., neither the department nor any employee
    of the department may store, maintain, format, sort, or access the information in any
    way other than by the names, dates of birth, or sex of licensees or by the identification
    numbers assigned to licensees under sub. (2m) (b) 6.
    (b) 1. A law enforcement officer may not request or be provided information
    under par. (a) concerning a specific licensee except for one of the following purposes:
    a. To confirm that a license produced by an individual at the request of a law
    enforcement officer is valid.
    b. If an individual is carrying a concealed weapon and claims to hold a valid
    license issued under this section but does not have his or her license document, to
    confirm that the individual holds a valid license under this section.
    c. To investigate whether an individual submitted an intentionally false
    statement under sub. (7) (b) or (15) (b) 2.
    d. To investigate whether an individual complied with sub. (14) (b) 3.
    2. A person who is a law enforcement officer in a state other than Wisconsin
    may request and be provided information under subd. 1. a. and b.
    (c) Notwithstanding s. 19.35, the department of justice, the department of
    transportation, or any employee of either department may not make information
    obtained under this section available to the public except in the context of a
    prosecution for an offense in which the personís status as a licensee is relevant or
    through a report created under sub. (19).

  3. #3
    Regular Member AaronS's Avatar
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    Quote Originally Posted by xenophon View Post
    Does the permit version of the WI bill have any wording that prevents "publishing of names of permit holders" ? Kind of worried about recent news articles from other states where names of permit holders get published.

    Gave a quick read, but nothing jumped out at me.

    Const. carry would be ideal so this wouldn't happen.....
    Great question.

    Quote Originally Posted by safcrkr View Post
    Yes it does. It prohibits releasing names of permit holders except to LEO agencies for legitimate purposes, such as checking status of permits, and if need for any actions in a court of law where it may be relevant. NO "Freedom of information" crap for newspapers.

    Page 33, section 12

    (12) MAINTENANCE, USE, AND PUBLICATION OF RECORDS BY THE DEPARTMENT. (a) The
    department shall maintain a computerized record listing the names and the
    information specified in sub. (2m) (b) of all individuals who have been issued a license
    under this section. Subject to par. (b) 1. b., neither the department nor any employee
    of the department may store, maintain, format, sort, or access the information in any
    way other than by the names, dates of birth, or sex of licensees or by the identification
    numbers assigned to licensees under sub. (2m) (b) 6.
    (b) 1. A law enforcement officer may not request or be provided information
    under par. (a) concerning a specific licensee except for one of the following purposes:
    a. To confirm that a license produced by an individual at the request of a law
    enforcement officer is valid.
    b. If an individual is carrying a concealed weapon and claims to hold a valid
    license issued under this section but does not have his or her license document, to
    confirm that the individual holds a valid license under this section.
    c. To investigate whether an individual submitted an intentionally false
    statement under sub. (7) (b) or (15) (b) 2.
    d. To investigate whether an individual complied with sub. (14) (b) 3.
    2. A person who is a law enforcement officer in a state other than Wisconsin
    may request and be provided information under subd. 1. a. and b.
    (c) Notwithstanding s. 19.35, the department of justice, the department of
    transportation, or any employee of either department may not make information
    obtained under this section available to the public except in the context of a
    prosecution for an offense in which the personís status as a licensee is relevant or
    through a report created under sub. (19).
    Thanks for the super fast responce.

  4. #4
    Founder's Club Member protias's Avatar
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    Quote Originally Posted by safcrkr View Post
    Yes it does. It prohibits releasing names of permit holders except to LEO agencies for legitimate purposes, such as checking status of permits, and if need for any actions in a court of law where it may be relevant. NO "Freedom of information" crap for newspapers.

    Page 33, section 12

    (12) MAINTENANCE, USE, AND PUBLICATION OF RECORDS BY THE DEPARTMENT. (a) The
    department shall maintain a computerized record listing the names and the
    information specified in sub. (2m) (b) of all individuals who have been issued a license
    under this section. Subject to par. (b) 1. b., neither the department nor any employee
    of the department may store, maintain, format, sort, or access the information in any
    way other than by the names, dates of birth, or sex of licensees or by the identification
    numbers assigned to licensees under sub. (2m) (b) 6.
    (b) 1. A law enforcement officer may not request or be provided information
    under par. (a) concerning a specific licensee except for one of the following purposes:
    a. To confirm that a license produced by an individual at the request of a law
    enforcement officer is valid.
    b. If an individual is carrying a concealed weapon and claims to hold a valid
    license issued under this section but does not have his or her license document, to
    confirm that the individual holds a valid license under this section.
    c. To investigate whether an individual submitted an intentionally false
    statement under sub. (7) (b) or (15) (b) 2.
    d. To investigate whether an individual complied with sub. (14) (b) 3.
    2. A person who is a law enforcement officer in a state other than Wisconsin
    may request and be provided information under subd. 1. a. and b.
    (c) Notwithstanding s. 19.35, the department of justice, the department of
    transportation, or any employee of either department may not make information
    obtained under this section available to the public except in the context of a
    prosecution for an offense in which the personís status as a licensee is relevant or
    through a report created under sub. (19).
    You wouldn't happen to know how did an Des Moines paper get the names of the people who applied for permits?
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

  5. #5
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    Quote Originally Posted by protias View Post
    You wouldn't happen to know how did an Des Moines paper get the names of the people who applied for permits?
    Iowa's law did not prohibit them from being released under freedom of information request. WI's proposed bill apparantly does.

  6. #6
    Regular Member xenophon's Avatar
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    Good info guys. That's one good thing about being next to last in drawing up a bill. You get to correct and include the fixes from the failures and short comings of bills from other states.


    Either way it goes, I'm also glad they are keeping the choice of oc or cc.

  7. #7
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    I'm going to be the bad guy here and say that if our names are added to a permit list then they should be released via the freedom of information act.

    I believe the government should be transparent and almost any document they collect should be made available to the public. The rub is, I also think the government shouldn't collect as much info as they do now! With constitutional carry there are no forms to fill out so there are no names to release! Simple government for the win.

  8. #8
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    You'd Think So But

    Quote Originally Posted by safcrkr View Post
    Yes it does. It prohibits releasing names of permit holders except to LEO agencies for legitimate purposes, .....(c) Notwithstanding s. 19.35, the department of justice, the department of transportation, or any employee of either department may not make information obtained under this section available to the public except in the context of a prosecution for an offense in which the personís status as a licensee is relevant or through a report created under sub. (19).
    By its own terms its DoJ, DoT are not covered (not just LEO's). The exception for prosecutions should be "may, but is not required to, release"

    So a DoJ employee could provide info to a DWD employee who could provide it to the public? How about "no department or employee thereof...."? or "directly or indirectly"?

    A useful add on would be authority (and toll-free number) for other state LEOrgs to verify. May add recognition/reciprocity....

    As would meeting current ATF requirements for GFSZ/NICS exemption - appears to but you gotta be careful...

    State buildings/land that are prohibited should be required to post to avoid inadvertent violation.

    Clarify that if not otherwise defined, state buildings/land includes universities/colleges

    No mandatory SSN for application. Voluntary only with valid PA statement.

  9. #9
    Regular Member GlockRDH's Avatar
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    interestingly a person driving record can ONLY be requested by the licensed individual...wheres the transparency there?

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