Conceal Carry permit in Delaware is it public or private information.

[Willie848]

Just was wondering if my conceal carry permit information is a matter of public record. Can anyone obtain this information. I hope the question is clear,thank you in advance.

[JOET]

Can not remember where I read it, (I will look) but it is Private Information

[Adrenolin]

I remember being told it was Private but I've never looked it up or seen the code myself.

That said the newspaper archives are public and anyone could walk in and request to search their old newspapers. We posted in the Middletown Transcript. They don't publish CCDW requests online which is good but they allow in office searches of archives I was told. I would guess most papers allow this.

[Obleo]

From someone who has to receive annual training on such topics:

The Freedom of Information Act, FOIA, is a federal law that requires disclosure of all requested documents unless there is some strong documentable reason not too.  I am afraid there is no reason to refuse the documents.  The law requires that anyone, except felons and a few others, can have those records.  The Attorney General would have to comply.

[Adrenolin]

I might be wrong but while the FOIA includes a LOT of information it's does not include everything and some private data is still just that.. Private. For example in NYC after that map fiasco with ccw addresses being published further attempts were halted in other areas because it was determined to be personal.

Note It was another state, and I forget which, that had the information requested but their governor flat out said no to the request stating it was personal data.

The question here would be whether or not our wonderful governor believes our personal ccdw application information is public or not.

[Clarence]

Delaware code title 29 10002 section L number 11 exempts this from public view

[Adrenolin]

I had read that section of DE code already but had also contacted Markell's office about it as well. I simply asked if our CCDW application information and data was viewed as public or personal information in Delaware. Here is the response I got which from Ken McDowell.. And it only took 2 weeks to get a reply



From: Kenneth McDowell
To: Adrenolin
Date: Oct 14 2014 9:15 AM


Dear Adrenolin:
 
Thank you for sending you question to Governor Markell. Please see the response below from our legal counsel.
 
Not sure I understand what the writer is asking.  Does he want to know whether the names and contact information of persons who hold CDW licenses are public information (i.e., subject to FOIA)?  If so, the answer is no.  Delaware’s FOIA law expressly exempts from the definition of public record “any records which disclose the identity or address of any person holding a permit to carry a concealed deadly weapon.”  29 Del.C. § 10001(l)(11).  However, please note that law enforcement may access this information.
 
If the writer is asking where he can find more information about obtaining a CDW, the process for doing so can be found in the Code at 11 Del.C. § 1441.  If the writer is asking about CDW reciprocity, he can find additional information on the AG's website.
 
Hope this helps. Please let me know if this doesn’t address your question fully.
 
Sincerely,
 
Bo McDowell
Deputy Director
Constituent Relations
Office of Governor Markell

[Cbmarine]

Oops, right info. Wrong reference, not 29 Del.C. 10001(l)(11) which is Declaration of Policy. Should be

§ 10002. Definitions.
(l) "Public record" is information of any kind, owned, made, used, retained, received, produced, composed, drafted or otherwise compiled or collected, by any public body, relating in any way to public business, or in any way of public interest, or in any way related to public purposes, regardless of the physical form or characteristic by which such information is stored, recorded or reproduced. For purposes of this chapter, the following records shall not be deemed public:

(11) Any records which disclose the identity or address of any person holding a permit to carry a concealed deadly weapon; provided, however, all records relating to such permits shall be available to all bona fide law-enforcement officers;

I can't throw stones on a mis-reference.  Been there, done that. 

[Obleo]

The FOIA law is a federal law that trumps all state laws.  The Governor can stand tough but a well executed law suit can force disclosure.  I gota say:  There is ample room for someone to request the information and get it.  It is, of course, about politics.

[Adrenolin]

Obleo.. From what I've read the Federal FOIA is just that.. Federal only. From the FOIA website itself:

The FOIA applies only to federal agencies and does not create a right of access to records held by Congress, the courts, or by state or local government agencies.

Each state also has a state FOIA such as Delaware's found here: 29 Del. Code, Chapter 100. If a journalist, for example, wanted to try and get the name, addresses, phone numbers, etc of all Delaware CCDW permit holders this is what they would submit. Because of the state exemption listed above it would be declined.

[poster formerly know as Silverbullet]

I don't see our state going like some other states and making publishing this information a crime. I forget which, but a couple states did after a paper published the info in NY.

Considering we have to put our names in the paper I think the information could be argued its not private or semi-private.

The paper and references are my biggest issues I have with our process.

[Adrenolin]

I agree. I don't see DE making it a crime to post such data however they can't go to the clerks office and request the information because it's a 'protected' Public Record by law in Delaware's FOIA. Now if they went to all the newspapers and requested archived copies that's another issue. It would take a lot of time and effort to hit up all the newspapers who post ccdw apps. As far as I know they would have to go through back archive by hand via actual paper as the ccdw postings are not digitized. If anyone passes by a newspaper office sometime they should stop in and ask if the paper would permit this or not. Interesting to know what their policies would be.

Wouldn't surprise me if there was some nutcase anti out there whose cut and saved all the postings over the years.

At most they could get names and addresses from the newspapers and not the references or application information.. still not a good thing. That said if they published that data they could open themselves up for a lawsuit since DE's FOIA states that our "identity or address of any person holding a permit to carry a concealed deadly weapon" "shall not be deemed public". Read that however you'd like, as any law, after the fact.

[trevor]

However, since every permit issued was after one had to publish their intent to obtain a ccdw, it's moot. All one would need to do is get copies of the relevant newspapers and make a list; the info is already public. Names and addresses that had to be published as part of the application process.

Worse, said list would include folks who applied but were denied, or who moved, or who let their permit lapse.