Is our state's CHP List safe from journalists?

[OctopusHighball]

In light of this article (http://dailycaller.com/2014/01/24/ne...of-gun-owners/), do laws exist in Colorado to prevent the public disclosure of such information?

[newracer]

Short answer is yes. We don't have a list.

[BuffCyclist]

Through public records act requests, we will attempt to build state-by-state databases that list those who have the right to carry a concealed weapon,” Lawitz wrote in the email. When reached for comment by Buckeye Firearms Association, Lawitz said the news conglomerate currently has no plans to publish the database. “We do not typically publicly comment on internal propriety communication. However, we have no plans to publish any names on any lists. Further, we are open to discuss any published reports,” Lawitz said

First, the article contradicts itself by stating they will list the people (meaning actual names) in a database but they have no plans to publish any names.

Second, any "database" that lists those who have the "right" to carry a concealed weapon would be nearly every citizen legally able to own a firearm.

I have no idea if CO law protects that information and makes it unavailable to the public or not.


However, in New Mexico where the law applies to ME, this was taken directly from the CCW Application Packet NMSA 29-19-6 Subsection B:

B. Information relating to an applicant or to a licensee received by the department or any other law enforcement agency is confidential and exempt from public disclosure unless an order to disclose information is issued by a court of competent jurisdiction. The information shall be made available by the department to a state or local law enforcement agency upon request by the agency.

eta: clarified the statute that I listed was for New Mexico only, as in, don't misunderstand that it applies in any way shape or form to Colorado, only what the law looks like for me and where you might go to find out if you are truly protected or not.

[Teufelhund]

Second, any "database" that lists those who have the "right" to carry a concealed weapon would be nearly every citizen legally able to own a firearm.

Not necessarily true in CO. The CO Constitution explicitly calls out concealed weapons, making it subject to approval/permitting:

"The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons." Art. II, § 13 (enacted 1876, art. II, § 13).

[TFOGGER]

Not necessarily true in CO. The CO Constitution explicitly calls out concealed weapons, making it subject to approval/permitting:

"The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons." Art. II, § 13 (enacted 1876, art. II, § 13).

Meaning that concealed carry is not guaranteed as a Constitutional concern, however CRS18-12-203 states that the Sheriff Shall Issue a permit to people that meet the following criteria:

18-12-203. Criteria for obtaining a permit



(1) Beginning May 17, 2003, except as otherwise provided in this section, a sheriff shall issue a permit to carry a concealed handgun to an applicant who:

(a) Is a legal resident of the state of Colorado. For purposes of this part 2, a person who is a member of the armed forces and is stationed pursuant to permanent duty station orders at a military installation in this state, and a member of the person's immediate family living in Colorado, shall be deemed to be a legal resident of the state of Colorado.

(b) Is twenty-one years of age or older;

(c) Is not ineligible to possess a firearm pursuant to section 18-12-108 or federal law;

(d) Has not been convicted of perjury under section 18-8-503, in relation to information provided or deliberately omitted on a permit application submitted pursuant to this part 2;

(e) (I) Does not chronically and habitually use alcoholic beverages to the extent that the applicant's normal faculties are impaired.

(II) The prohibition specified in this paragraph (e) shall not apply to an applicant who provides an affidavit, signed by a professional counselor or addiction counselor who is licensed pursuant to article 43 of title 12, C.R.S., and specializes in alcohol addiction, stating that the applicant has been evaluated by the counselor and has been determined to be a recovering alcoholic who has refrained from using alcohol for at least three years.

(f) Is not an unlawful user of or addicted to a controlled substance as defined in section 18-18-102 (5). Whether an applicant is an unlawful user of or addicted to a controlled substance shall be determined as provided in federal law and regulations.

(g) Is not subject to:

(I) A protection order issued pursuant to section 18-1-1001 or section 19-2-707, C.R.S., that is in effect at the time the application is submitted; or

(II) A permanent protection order issued pursuant to article 14 of title 13, C.R.S.; or

(III) A temporary protection order issued pursuant to article 14 of title 13, C.R.S., that is in effect at the time the application is submitted;

(h) Demonstrates competence with a handgun by submitting:

(I) Evidence of experience with a firearm through participation in organized shooting competitions or current military service;

(II) Evidence that, at the time the application is submitted, the applicant is a certified instructor;

(III) Proof of honorable discharge from a branch of the United States armed forces within the three years preceding submittal of the application;

(IV) Proof of honorable discharge from a branch of the United States armed forces that reflects pistol qualifications obtained within the ten years preceding submittal of the application;

(V) A certificate showing retirement from a Colorado law enforcement agency that reflects pistol qualifications obtained within the ten years preceding submittal of the application; or

(VI) A training certificate from a handgun training class obtained within the ten years preceding submittal of the application. The applicant shall submit the original training certificate or a photocopy thereof that includes the original signature of the class instructor. To the extent permitted by section 18-12-202 (5), in obtaining a training certificate from a handgun training class, the applicant shall have discretion in selecting which handgun training class to complete.

(2) Regardless of whether an applicant meets the criteria specified in subsection (1) of this section, if the sheriff has a reasonable belief that documented previous behavior by the applicant makes it likely the applicant will present a danger to self or others if the applicant receives a permit to carry a concealed handgun, the sheriff may deny the permit.

(3) (a) The sheriff shall deny, revoke, or refuse to renew a permit if an applicant or a permittee fails to meet one of the criteria listed in subsection (1) of this section and may deny, revoke, or refuse to renew a permit on the grounds specified in subsection (2) of this section.

(b) Following issuance of a permit, if the issuing sheriff has a reasonable belief that a permittee no longer meets the criteria specified in subsection (1) of this section or that the permittee presents a danger as described in subsection (2) of this section, the sheriff shall suspend the permit until such time as the matter is resolved and the issuing sheriff determines that the permittee is eligible to possess a permit as provided in this section.

(c) If the sheriff suspends or revokes a permit, the sheriff shall notify the permittee in writing, stating the grounds for suspension or revocation and informing the permittee of the right to seek a second review by the sheriff, to submit additional information for the record, and to seek judicial review pursuant to section 18-12-207.

So, that's a pretty broad list they're gonna have to make...

[RCCrawler]

We don't have a list.

Yea, right, you believe that?

[newracer]

Yea, right, you believe that?

I am sure each county keeps a list but we no longer have a statewide list. In addition I do not think the county list is public record.

[merl]

I am sure each county keeps a list but we no longer have a statewide list. In addition I do not think the county list is public record.

And they don't share them with each other? CBI doesn't keep a list of people who have gotten the BG checks? I'm with RC on this, there may not be a public list but I'm sure there is a single list LE can access (and not just LE in this state).

[milwaukeeshaker]

NO states constitution is allowed to override the bill of rights. Thus the Colorado constitutions barring of concealed weapons is unconstitutional. SHALL NOT BE INFRINGED!!!! What part of this cannot be understood?

Not necessarily true in CO. The CO Constitution explicitly calls out concealed weapons, making it subject to approval/permitting:

"The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons." Art. II, § 13 (enacted 1876, art. II, § 13).

[newracer]

And they don't share them with each other? CBI doesn't keep a list of people who have gotten the BG checks? I'm with RC on this, there may not be a public list but I'm sure there is a single list LE can access (and not just LE in this state).

There was a law that allowed sheriffs to enter the information into the CBI database. That law expired and they were supposed to remove all the data and not have a list any longer.