GUN OWNERS OUTED BY LOCAL PAPER

December 23, 2012 by Peter Howard Tilem

Firearms defense firm Tilem & Campbell is very unhappy to report that a local newspaper has outed local law-abiding gun owners. In the modern day equivalent of the scarlet letter the Journal News has published an article in today's paper with an interactive on-line map that discloses the names of addresses of all law abiding gun owners in Westchester and Rockland Counties. The information was obtained by a Freedom of Information law request to the County clerks of each county.

Exactly the point of the article is not clear but is an apparent attack on law abiding gun owners who may face consequences at their work or in social circles now that their ownership of firearms has been publicized. The map also appears to have the names and addresses of several sworn police officers who for obvious reasons generally keep their residence information a secret. The article, an apparent reaction to the tragic shooting in Newtown, Connecticut, ironically puts everyone in danger in that it tells would be murders, terrorists, psychos and other people who are inellegible to purchase guns lawfully, exactly where they can steal them.

The basis for such a publication unfortunately has its basis under New York law. No civilian may lawfully purchase or possess a firearm in New York without a permit issue under Penal Law § 400.00 which defines the types of gun license in New York and the rules for issuing them. Penal Law § 400.00(5) specifically requires the filing of all approved applications and goes on to state: "The name and address of any person to whom an application for any license has been granted shall be a public record." Penal law § 400.00(5). Apparently, Paul Piperato, the Rockland County Clerk, expressed some reluctance in giving up these records even as he apparently released the records under New York Law. "You have judges, policemen, retired policemen, FBI agents — they have permits,” Piperato said. “Once you allow the public to see where they live, that puts them in harm’s way.”

What is most unfortunate is that the newspaper only published the names of addresses of those who lawfully purchased their firearms but specifically excluded the names of criminals who unlawfully possess firearms since those records are not readily available. The individuals whose names were released not only underwent an expensive and time consuming process but were thoroughly vetted by a police investigation and then had their licenses issued by a County Court Judge. Those who avoided this process were obviously not on the list.

It appears that the all out assault on lawful gun owners has begun. Already, this firm has been contacted by lawful gun owners who fear losing their licenses after the brutal murders in Newtown. Any lawful gun owner who faces any action to suspend or revoke their licenses should contact this firm immediately. Likewise, anyone who is denied a license should contact us to discuss their options.

Tilem & Campbell attorneys can be reached at 877-377-8666 or visit us on the web at www.handgunattorney.com.

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