Unconcealing the concealed

Submitted by The City Wire Staff on Wed, 04/15/2009 - 1:06pm

guest commentary by Lee Watson

Unconcealed concealed carry.

If that sounds like it doesn't make sense, you're right, it doesn't make sense. But, it is what an Arkansas Senate committee, led by Sen. Ed Wilkinson, D-Greenwood, has done in bowing to Gov. Mike Beebe, the Arkansas Press Association, the Arkansas Times’ publisher Alan Leveritt and editor Max Brantley, and the Arkansas Democrat-Gazette’s editor David Bailey. 


On Feb. 16, 2009, Brantley published an online blog with a link to download the names and addresses of Arkansas’ approximately 60,000 concealed handgun carry licensees. In response to the outrage of his constituents of this violation of their privacy, Rep. Randy Stewart, D-Kirby, and concealed carry instructor proposed House Bill 1623 which would exempt all information related to licensees from disclosure under the Arkansas Freedom of Information Act.

HB 1623 passed the Arkansas House 98 to 1. It was expected to easily pass the Senate until it ran into Beebe and Wilkinson. In concert with the Arkansas Press Association, they forced an amendment that allows for the release of the names and corresponding zip codes of licensees. It then passed the Senate 34 to 0.

Arkansas has concealed carry as opposed to open carry so that no one knows whether someone is carrying a handgun. Keeping a handgun concealed prevents public alarm and is a greater deterrent to criminals as they don't know who might be carrying a handgun — and is a reason violent crime has gone down in states with concealed carry.

Disclosure of the names and zip codes of licensees endangers licensees and those who have the same or similar name. With the vast amount of personal information available on the internet, a name and zip code is enough to obtain a person’s home address. A quick search gave me the names and addresses of five people named Lee Watson in Arkansas, yet none of them are me! Giving a criminal the knowledge or mistaken belief that a person is carrying a handgun removes the advantage of the element of surprise for the victim and gives the criminal critical knowledge that can be used to prevent the victim from being able to effectively use their concealed handgun.

Freedom of Information has little or no place in this argument. Brantley made his purpose clear when he titled his blog the “Annals of Gun Nuttery.” His purpose was to intimidate gun owners and put in public purely private information. This wasn't a journalist’s noble effort to make our government better. It was a blatant and obtuse attack for purely political purposes. His actions endangered licensees who are victims of domestic abuse, judges, prosecutors, law enforcement officers, and others who have taken legitimate efforts and have legitimate needs to keep their addresses out of the public domain.

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We need Freedom of Information to shine light on government action and government employees to make certain that government functions honestly, properly and openly. But, the release of names and zip codes of licensees doesn't serve that purpose. Worse yet, it is likely that the actions of Beebe, Wilkinson and Brantley and others in the media who insisted on the release of this private and personal information will get someone harmed.

Lee Watson is an attorney of more than 20 years and is Arkansas State Police concealed handgun carry instructor #95-109. He is a Fort Smith native, obtained a degree in criminal justice from the University of Arkansas at Little Rock, and his law degree from the University of Arkansas. Contact Watson at BrowningP35@me.com

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Comments

Common criminals

Submitted by Anon (not verified) on Wed, 04/15/2009 - 4:32pm.

Do not plan their burglaries via FOIA information. My name was on the list too, but I'm not worried about a break-in over it being available via FOIA. If you truly believe that, aren't you exposing yourself to further risk by writing this column and telling the world you're a concealed carry instructor?
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On the contrary

Submitted by Pro Gun (not verified) on Wed, 04/15/2009 - 6:54pm.

If only 60,000 Arkansans have permits and not everyone carries all the time, then this is a relatively small number of concealed guns on the street compared to the population as a whole. I would think the average criminal would consider his/her chances of picking a victim with a concealed handgun low enough to not deter them from committing a crime. The author states: "Giving a criminal the knowledge or mistaken belief that a person is carrying a handgun removes the advantage of the element of surprise for the victim and gives the criminal critical knowledge that can be used to prevent the victim from being able to effectively use their concealed handgun." This is nonsense! If a criminal knew someone was carrying a gun, they would pick a different victim. It's like saying one is less likely to speed if there was the possibility of an unmarked police car on the road. Yet everyone slows down in the presence of a marked police car. Hence, open carry is a much better deterrent to crime. I see a benefit to searching the list and finding multiple names that don't all have permits. It ensures the safety of more people if a criminal believes all of them have concealed weapons. I am in favor of the list being made available under the FOIA. However, I am strongly against publishing the names on the list for no good reason except to expose these permit holders. I think this list should be handled in a responsible manner bound by the ethical codes of good journalism — and it was not.
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Gun Nuttery--FOI Nuttery-Illogical Nuttery

Submitted by C. E. Carstarphen (not verified) on Wed, 04/15/2009 - 11:13pm.

"put in public purely private information" I beg pardon. What part of public information is purely private? What is unAmerican about providing a public link to a public database of concealed carry permit holders? People feeling unsafe enough about life to get a concealed carry permit are able to hide their guns at the mall, but have no right or real reason to hide their names from the public. This isn't Spy vs Spy. I think it's a little weird, but I don't care if some Arkansans are legally packing heat. I own guns and will gladly use them if I find a stranger in my house. But the paranoia displayed by people who worry about the 2nd amendment in their sleep is pretty frightening. Spreading the word that the cranky old man at the end of the lane has a gun under his coat doesn't make the cranky old man less safe, less popular at block parties maybe, but certainly not less safe. Any hoodlum worth his salt knows to go after the unarmed old lady. I was so vitally interested in the link to the concealed carry permit holder database that I NEVER took a look. Must everything be about you? "Keeping a handgun concealed prevents public alarm and is a greater deterrent to criminals as they don't know who might be carrying a handgun — and is a reason violent crime has gone down in states with concealed carry." Deep in my heart I believe there are no facts to support this claim. Here is a link to statistics for Arkansas. I don't even remember when concealed carry permits were first allowed. But I'm not seeing a big change in the last 10 years. http://www.disastercenter.com/crime/arcrime.htm I repeat, being granted a concealed carry permit doesn't make a person a spy or a special ops agent. Fantasy is fine unless it involves a gun. This whole situation has been blown way out of proportion including many telephone and email death threats to Mr. Brantley. More reason to worry about the sanity of some of the people granted a permit to carry a gun. Commentary like this is the last thing we need. Valium....get some!
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Unconcealing the concealed

Submitted by Anonymous Chicken (not verified) on Thu, 04/16/2009 - 6:40pm.

Anyone who publishes to the government that he owns a firearm by obtaining a license deserves what he gets. Janet Neapolanto knows who you are now, and where you are.
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Just what I was thinking...

Submitted by Monty Montgomery on Thu, 04/16/2009 - 7:22pm.

I've been "caught" with weapons a few times, usually during traffic violations, and the weapons were a sidenote when discovered. Thats the way it is in the south, not a big deal if the serial number is clean, and you have a clean record. I suppose some gungho could pull you down for it, but my experience is that for one that is responsible, having a weapon is no big deal.
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This situation has come up

Submitted by Anonymous Chicken (not verified) on Thu, 04/16/2009 - 9:13pm.

This situation has come up in several other states, and many of those states have passed laws closing the list of permits except for law enforcement. In other states, the problems caused by "journalists" printing the list included a parole officer finding three of his former clients showing up at his house, and wanting some payback. In other situations, women who got permits so they could defend themselves against abusive ex-husbands or ex-boyfriends found their names and addresses published in the local newspaper, and were forced to move yet again. There is no good reason to publish the entire list, wholesale, complete with names and addresses, which is what Max Brantley did. There is no reason for this list with names and zip codes to be available for Max Brantley to publish. There are at least 18 other types of licenses and permits in Arkansas that are specifically kept from being published, wholesale.
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