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Utah's Right to Know
Donald Meyers
Donald W. Meyers writes about open-government issues for The Salt Lake Tribune. He is also the site manager of utahsright.com, the Tribune's online database of public records. He is also a member of the Society of Professional Journalists' National Freedom of Information Committee and sits on the board of directors of the Utah Foundation for Open Government.

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Louisiana makes it a crime to name concealed-weapons permit holders

Louisiana recently made Utah’s restriction on access to concealed-carry permit information look benign by comparison.

The Reporters Committee for Freedom of the Press reported that Louisiana Gov. Bobby Jindal signed two bills into law that make it a crime to disclose the name or address of a concealed gun permit holder. Those who do face six months in jail and or a fine of up to $1,000.

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In contrast, Utah’s Government Records Access and Management Act labels concealed-carry permit information as protected information, meaning the state Bureau of Criminal Identification cannot release the information, nor even confirm if someone has a permit or has lost one.

The only penalty it prescribes is for state workers who disclose such information, and it is a class A misdemeanor. But there is no penalty if, for example, one were to point out, through other sources, that Sens. Howard A. Stephenson, R-Draper, and Mark Madsen, R-Eagle Mountain, and Rep. Curt Oda, R-Clearfield, all carry concealed weapons.

But Louisiana’s laws, passed in response to a New York newspaper’s publication of a list of handgun-permit holders, only carves out an exemption for reporting that a permit was revoked after its holder was convicted of a gun-related felony.

"There are limitations on First Amendment rights," said Republican state Rep. Jeff Thompson, the bills’ sponsor. "You have to balance those."

But media advocates say the move amounts to censorship by punishing journalists for publishing information they obtained from other sources.

"The Second Amendment relates to your right to own firearms," Louisiana media lawyer Loretta Mince said. "It doesn’t have anything to do with whether other people are permitted to know that you own firearms."



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