Journal News Removes Names and Addresses of Gun Permittees. Publisher Explains.

WPCNR MAIN STREET JOURNAL. January 19, 2013 UPDATED 11:40 A.M. E.S.T.:


The Gannett Journal News has removed names and addresses of Westchester County and Rockland County gun permit holders from its website, first published December 23, 2012.


The publisher of the paper, Janet Hasson, in a letter to Journal News readers, defended the paper decision to publish names and addresses of gunowners, and explained why the paper took the names and addresses down.


The overall map still is shown on the Journal News website, but unlike the previous version, you cannot telescope in on a community, and see, street-by-street where gun permitholders are in residence on the street. The map is now simply a maze of red dots.


Previously, in the White Plains area, the map could be viewed to pinpoint every home on every street in White Plains where a gun permit for a pistol was registered. WPCNR counted up approximately 600 gun permit holders across White Plains, about 2% of 31,000 Registered voters, which is consistent with the Westchester County proportion (17,000 gun permit holders for pistols only, out of a one million population–1.7%)


Earlier this week, January 15,  Hasson received a strong letter from the Westchester County Executive Robert P. Astorino, who called on the paper to “take the map down,” because it endangered residents who held gun permits. (The paper did not publish Mr. Astorino’s letter, but you can see that letter elsewhere on WPCNR at http://www.whiteplainscnr.com/admin.php?op=EditStory&sid=9446


Reacting to the map take-down today, County Executive Robert P. Astorino issued this statement to media:



“From the moment the Journal News published the gun owners map, it put law-abiding citizens, including judges, police officers and victims of domestic violence, at risk. I had asked the publisher to take down the map as a matter of public safety and common sense. Though four weeks too late, I am glad to see the Journal News has finally done the right thing and taken the map down.”


Within the last week, two gun permitholders’ homes have been burglarized, one in each county. In one on Davis Avenue in White Plains, merchandise and cash was taken, according to White Plains police, and a gun locker showed signs of being tampered with. In another such burglary in Clarkstown in Rockland County, weapons were taken by thieves.


The letter from Hasson, does not mention whether the two burglaries had any influence in the decision, or whether there was  corporate pressure from Gannett executives to remove the map.


Here is the text of Ms. Hasson’s letter published explaining the paper decision to publish the map originally and the reason for the take-down which occurred late Friday afternoon:


To our readers:


In the wake of the Sandy Hook shootings, The Journal News thought the community should know where gun permit holders in their community were, in part to give parents an opportunity make careful decisions about their children’s safety.


The Journal News mapped the public database of permit holders, placing a dot on the address of every permit holder in Westchester and Rockland counties and providing the name and street address of each holder. The dots conveyed a powerful message: gun permit holders are everywhere in our counties.


But public reaction to the posting of names and street addresses was swift and divided. Many in the community expressed their gratitude for The Journal News’ decision to make the information available, but permit holders were outraged at what they considered to be an invasion of privacy. Gun owners from across the country vocally conveyed their anger and accused The Journal News of having exposed permit holders and non-permit holders alike to the risk of burglaries and other crimes. Hundreds of threats were made to Journal News staffers.


So intense was the opposition to our publication of the names and addresses that legislation passed earlier this week in Albany included a provision allowing permit holders to request confidentiality and imposing a 120-day moratorium on the release of permit holder data.


Today The Journal News has removed the permit data from lohud.com. Our decision to do so is not a concession to critics that no value was served by the posting of the map in the first place. On the contrary, we’ve heard from too many grateful community members to consider our decision to post information contained in the public record to have been a mistake. Nor is our decision made because we were intimidated by those who threatened the safety of our staffers. We know our business is a controversial one, and we do not cower.


But the database has been public for 27 days and we believe those who wanted to view it have done so already. As well, with the passage of time, the data will become outdated and inaccurate.


 


Equally important, the legislature has weighed in on the issue and representatives of residents from across the state have said that some New Yorkers who hold gun permits should have the right to keep that information private. As a news organization, we are constantly defending the public’s right to know. Consequently we do not endorse the way the legislature has chosen to limit public access to gun permit data. The statute is very broad and allows anyone who meets certain criteria within qualifying categories to keep their permit information private. When the moratorium concludes, far fewer permit holders will be identifiable, and those who want to know which houses on their block may have guns will not be able to get that information. But we are not deaf to voices who have said that new rules should be set for gun permit data.


Make no mistake, The Journal News will continue to report aggressively on gun ownership. We will continue to pursue our request for data from Putnam County, and will closely analyze the data for Westchester and Rockland counties when it once again becomes publicly available. And we will keep a snapshot of our map — with all its red dots — on our website to remind the community that guns are a fact of life we should never forget.


Sincerely,


Janet Hasson


President and Publisher

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Pedestrian Hit at Lex and Water.

WPCNR POLICE GAZETTE. From the Department of  Public Safety. January 18, 2013:


At approximately 7 AM this morning the WPPD responded to a pedestrian struck at Water Street and Lexington Ave. A 50 year old male pedestrian from Ossining NY was struck by a White Dodge van in the intersection.


The victim was taken to Westchester County Medical Center by ambulance and his injuries are non-life threatening. Two people including the driver of the van were arrested.


The Driver did not have a valid driver’s license and claimed his sister was driving. After investigation, it was determined that the male suspect was actually the driver and the sister was covering up for him. Both were subsequently arrested and charged with numerous crimes

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County Will Offer FREE Flu Shots to Residents Next Thursday, Jan. 24


WPCNR HEALTH WATCH. From Caren Halbfinger, Westchester County Department of Health. January 18, 2013:


County Executive Robert P. Astorino announced today that the Westchester County Department of Health will offer free flu shots to residents on Thursday, Jan. 24 , from 2 p.m. to 7 p.m. at the Westchester County Center in White Plains.


“With so much demand for the flu shot right now, some doctors and pharmacists are having a hard time keeping up ,” Astorino said. “By offering free flu shots, we aim to help those residents who have not yet gotten vaccinated.’’


The county has 1,000 doses which can be given to adults and children ages 9 and up. Residents are strongly encouraged to register in advance for the flu clinic at www.health. ny.gov/Go2Clinic. Those without internet access can call (914) 995-7425, weekdays, starting Tuesday, 8:30 a.m. to 4:30 p.m.


“It’s important for everyone six months and older to get a flu shot every year,” said Health Commissioner Sherlita Amler, MD. “We hope residents will take advantage of this opportunity, because flu season can last well into the spring. It’s also equally important to wash your hands frequently, to avoid sick people and to stay home when you are sick. Most people will recover on their own from the flu with no need to go to an emergency room or the doctor.”


Residents can also visit the health department website to find providers and pharmacies who are giving flu shots. Physicians can call the health department if they have excess vaccine to share with other providers or if they are willing to give vaccines to people who are not their patients.


The flu shot is safe and provides protection against the three strains of the flu that are circulating this season.


To prevent spreading the flu, cough or sneeze into your elbow and wash your hands often with soap and water. If you do get a respiratory infection, stay home until 24 hours after your fever subsides, to avoid spreading your germs. Clean surfaces you touch frequently, such as doorknobs, water faucets, refrigerator handles and telephones. Get plenty of rest, exercise and eat healthy food.


For more information, visit www.westchestergov.com/health, like us on Facebook at facebook.com/wchealthdept, follow us on Twitter @wchealthdept or call us at (914) 813-5000.


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NY SAFE ACT Disclosure Exemptions Could Mean Every Gun License Holder Is Exempt

WPCNR For the Record. By John F. Bailey with the Text of the new NY Safe Act. January 16, 2013:


Examination of the text of the NY SAFE Act signed into law by Governor Andrew Cuomo yesterday seems to indicate that the identities of most gun permit holders will in the future be much harder to get, eliminating the controversy of exposing gun permit holders through the media.


The context of making public names and addresses of gun permit holders has been changed substantially by the new act.


Specific types of persons are described as being eligible for exemption from disclosure (to public and media), but the text of the law appears to allow gun license owners to apply for exemption from disclosure if they even consider they may be endangered or be subject to harassment by such disclosure. 


Individuals not fitting the specific categories of person who may request exemption request will be decided by the clerk or agency locally recording the permit. The law appears to make the decision to withhold disclosure purely subjective on the part of the county, jurisdiction or municipality keeping the gun permit record. The decision to not withhold appears to be based solely on whether the official deciding to exempt feels the request is “null and void,” whatever that means. The new act in terms of disclosure appears to eliminate the accessessbility to the public and the press of what could mean every gun permit holder.


WPCNR is seeking comment from authorities on whether this is a possibility.


The text of the section of the law dealing with disclosure as passed and signed, regarding the new grounds for individuals who may claim such exemption from disclosure of their name and address follows:


 

(I) THE APPLICANT’S LIFE OR SAFETY MAY BE ENDANGERED BY DISCLOSURE


BECAUSE:


(A) THE APPLICANT IS AN ACTIVE OR RETIRED POLICE OFFICER, PEACE OFFICER, PROBATION OFFICER, PAROLE OFFICER, OR CORRECTIONS OFFICER;



(B) THE APPLICANT IS A PROTECTED PERSON UNDER A CURRENTLY VALID ORDER


OF PROTECTION;



(C) THE APPLICANT IS OR WAS A WITNESS IN A CRIMINAL PROCEEDING INVOLV


ING A CRIMINAL CHARGE;



(D) THE APPLICANT IS PARTICIPATING OR PREVIOUSLY PARTICIPATED AS A


JUROR IN A CRIMINAL PROCEEDING, OR IS OR WAS A MEMBER OF A GRAND JURY;


OR



(E) THE APPLICANT IS A SPOUSE, DOMESTIC PARTNER OR HOUSEHOLD MEMBER OF


A PERSON IDENTIFIED IN THIS SUBPARAGRAPH OR SUBPARAGRAPH (II) OF THIS


PARAGRAPH, SPECIFYING WHICH SUBPARAGRAPH OR SUBPARAGRAPHS AND CLAUSES


APPLY.



(II) THE APPLICANT HAS REASON TO BELIEVE HIS OR HER LIFE OR SAFETY MAY


BE ENDANGERED BY DISCLOSURE DUE TO REASONS STATED BY THE APPLICANT.



(III) THE APPLICANT HAS REASON TO BELIEVE HE OR SHE MAY BE SUBJECT TO


UNWARRANTED HARASSMENT UPON DISCLOSURE OF SUCH INFORMATION.



(C) EACH FORM PROVIDED FOR RECERTIFICATION PURSUANT TO PARAGRAPH (B)


OF SUBDIVISION TEN OF THIS SECTION SHALL INCLUDE AN OPPORTUNITY FOR THE


APPLICANT TO REQUEST AN EXCEPTION FROM THE INFORMATION PROVIDED ON SUCH


FORM BECOMING PUBLIC RECORD PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.


SUCH FORMS SHALL NOTIFY APPLICANTS THAT, UPON DISCOVERY THAT AN


APPLICANT KNOWINGLY PROVIDED FALSE INFORMATION, SUCH APPLICANT MAY BE


SUBJECT TO PENALTIES PURSUANT TO SECTION 175.30 OF THIS CHAPTER, AND


FURTHER, THAT HIS OR HER REQUEST FOR AN EXCEPTION SHALL BE NULL AND


VOID, PROVIDED THAT WRITTEN NOTICE CONTAINING SUCH DETERMINATION IS


PROVIDED TO THE APPLICANT. FURTHER, SUCH FORMS SHALL PROVIDE EACH


APPLICANT AN OPPORTUNITY TO EITHER DECLINE TO REQUEST THE GRANT OR


CONTINUATION OF AN EXCEPTION, OR SPECIFY THE GROUNDS ON WHICH HE OR SHE


BELIEVES HIS OR HER INFORMATION SHOULD NOT BE PUBLICLY DISCLOSED. THESE


GROUNDS, WHICH SHALL BE IDENTIFIED IN THE APPLICATION WITH A BOX BESIDE


EACH FOR CHECKING, AS APPLICABLE, BY THE APPLICANT, SHALL BE THE SAME AS


PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION.



(D) INFORMATION SUBMITTED ON THE FORMS DESCRIBED IN PARAGRAPH (B) OF


THIS SUBDIVISION SHALL BE EXCEPTED FROM DISCLOSURE AND MAINTAINED BY THE


ENTITY RETAINING SUCH INFORMATION SEPARATE AND APART FROM ALL OTHER


RECORDS.



(E) (I) UPON RECEIVING A REQUEST FOR EXCEPTION FROM DISCLOSURE, THE


LICENSING OFFICER SHALL GRANT SUCH EXCEPTION, UNLESS THE REQUEST IS


DETERMINED TO BE NULL AND VOID, PURSUANT TO PARAGRAPH (B) OR (C) OF THIS


SUBDIVISION.



(II) A REQUEST FOR AN EXCEPTION FROM DISCLOSURE MAY BE SUBMITTED AT


ANY TIME, INCLUDING AFTER A LICENSE OR RECERTIFICATION HAS BEEN GRANTED.



(III) IF AN EXCEPTION IS SOUGHT AND GRANTED PURSUANT TO PARAGRAPH (B)


OF THIS SUBDIVISION, THE APPLICATION INFORMATION SHALL NOT BE PUBLIC


RECORD, UNLESS THE REQUEST IS DETERMINED TO BE NULL AND VOID. IF AN


EXCEPTION IS SOUGHT AND GRANTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDI


VISION, THE INFORMATION CONCERNING SUCH RECERTIFICATION APPLICATION


S. 2230 30 A. 2388


SHALL NOT BE PUBLIC RECORD, UNLESS THE REQUEST IS DETERMINED TO BE NULL


AND VOID.



(F) THE INFORMATION OF LICENSEES OR APPLICANTS FOR A LICENSE SHALL NOT


BE DISCLOSED TO THE PUBLIC DURING THE FIRST ONE HUNDRED TWENTY DAYS


FOLLOWING THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND


THIRTEEN, WHICH AMENDED THIS SECTION. AFTER SUCH PERIOD, THE INFORMA


TION OF THOSE WHO HAD APPLIED FOR OR BEEN GRANTED A LICENSE PRIOR TO THE


PREPARATION OF THE FORM FOR REQUESTING AN EXCEPTION, PURSUANT TO PARA


GRAPH (B) OF THIS SUBDIVISION, MAY BE RELEASED ONLY IF SUCH INDIVIDUALS


DID NOT FILE A REQUEST FOR SUCH AN EXCEPTION DURING THE FIRST SIXTY DAYS


FOLLOWING SUCH PREPARATION; PROVIDED, HOWEVER, THAT NO INFORMATION


CONTAINED IN AN APPLICATION FOR LICENSURE OR RECERTIFICATION SHALL BE


DISCLOSED BY AN ENTITY THAT HAS NOT COMPLETED PROCESSING ANY SUCH


REQUESTS RECEIVED DURING SUCH SIXTY DAYS.



(G) IF A REQUEST FOR AN EXCEPTION IS DETERMINED TO BE NULL AND VOID


PURSUANT TO PARAGRAPH (B) OR (C) OF THIS SUBDIVISION, AN APPLICANT MAY


REQUEST REVIEW OF SUCH DETERMINATION PURSUANT TO ARTICLE SEVENTY-EIGHT


OF THE CIVIL PRACTICE LAWS AND RULES. SUCH PROCEEDING MUST COMMENCE


WITHIN THIRTY DAYS AFTER SERVICE OF THE WRITTEN NOTICE CONTAINING THE


ADVERSE DETERMINATION. NOTICE OF THE RIGHT TO COMMENCE SUCH A PETITION,


AND THE TIME PERIOD THEREFOR, SHALL BE INCLUDED IN THE NOTICE OF THE DETERMINATION.


To Read the comple SAFE Act, go to http://open.nysenate.gov/legislation/bill/S2230-2013

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