Lawyers with the Portland firm of O’Donnell Clark & Crew want to know the names of Benton County residents who hold concealed weapons permits.
Benton County Sheriff Diana Simpson said people who carry concealed weapons for personal safety shouldn’t have to reveal their names. So she’s giving them the opportunity to remain anonymous.
Simpson has added a box to the county’s application form that people can check if they want a permit for personal protection. People who already have permits also can submit the revised form. Simpson said she won’t reveal the name of anyone who has checked the box.
Simpson issued a press release Thursday to inform the 2,000 Benton County residents who have concealed weapons permits that they have the option of keeping their permits secret.
Linn County Sheriff Tim Mueller is revising his county’s application form, as well. So are a lot of other sheriffs across Oregon in response to an April court ruling that permits obtained for personal safety may not be subject to public record laws.
It is unknown how many counties’ permit information O’Donnell Clark & Crew is seeking. Three calls to the law firm were not returned.
Simpson said her office is complying with the law firm’s request, but because records are not automated, the process is very long and time-consuming. In the meantime, the sheriff’s office will accept amended applications requesting their information to kept confidential, she said.
“This is a difficult situation to be placed in,” she added. “On the one hand, I need to respect the public records law request. But on the other hand, I need to respect the expectation of privacy and confidentiality.”
Renewed concern over the confidentiality of concealed weapons permits began when Shirley Katz, a South Medford High School teacher, insisted she needed to carry a concealed weapon in her classroom to protect herself from her ex-husband.
Editors of the Mail Tribune newspaper in Medford wanted to know how many public school teachers already had concealed weapons permits. Jackson County Sheriff Mike Winters refused a public records request from the newspaper, although the county’s concealed weapons permit application form indicated that weapons permits are public records.
The Mail Tribune’s publishers took the county to court. Meanwhile, the forms were changed to omit the statement that permits are public records. Jackson County Circuit Court Judge G. Philip Arnold ruled April 25 that concealed weapons permit information may not always be protected under Oregon’s public record law. He said people who hold permits for personal safety could ask that the information be withheld from the public.
Jackson County officials are appealing the decision with the support of the Oregon Sheriffs’ Association.
At issue is whether or not permits can be altered retroactively.
John Haroldson said that they can. As Benton County District Attorney, he is the primary custodian of public records in the county. “What you have is a court ruling that recognizes the need for carrying concealed weapons for personal safety,” Haroldson said.
Laura Cooper, a Bend lawyer who specializes in public records, said changing existing records puts sheriffs in an ethical and legal gray area. “That seems to be the destruction of a public record,” Cooper said. “Basically, what you’re doing is amending a public record.”
Although the sheriffs’ decision raises questions, Cooper said she doesn’t have any definitive answers. “It sounds problematic, but I can’t say that with any authority.”
Jack Orchard, a lawyer on retainer with the Oregon Newspaper Publishers Association, is more definite. Orchard said the public has a right to know who has a concealed weapon.
“It’s not something you are entitled to keep confidential,” he said. “No one forced you to acquire a handgun.”