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AG orders state police to release names of gun owners

BY JOHN O'CONNOR
The Associated Press

SPRINGFIELD (AP) - The Illinois attorney general says state police must release the name of everyone in the state who is authorized to own a gun.

Illinois state police determine who gets a Firearm Owners Identification card, which allows people to own guns. The police have always kept the list private.

But Attorney General Lisa Madigan's public access counselor released a letter Monday night saying the information should be public.

The Associated Press had requested the list of FOID cardholders but state police said that would violate the privacy of gun owners. The attorney general's office ruled that argument invalid.

State police issued the following statement regarding Tuesday afternoon:

"The Illinois State Police respectfully disagrees with the recent opinion of the Attorney General's Public Access Counselor (PAC) regarding the release of names of Firearm Owner Identification cardholders. The Department intends to request that the PAC issue a binding opinion so that the issue may be resolved through the judicial process."

There are Republican-sponsored bills in the Illinois House and Senate that would prohibit disclosure of the information.

From the Southern Illinoisan...

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Voice of The Southern: Identities of gun owners should not be publicized

Our View: State lawmakers need to work together and quickly stop a dangerous plan to publicize the names of gun owners.

Just when it appeared some of our state government leaders were trying to get their respective heads screwed on straight, we got another reminder of life's three certainties: death, taxes and Illinois missteps.

Usually it comes from the shenanigans of our disgraced ex-governor (you're probably asking, "Which one?)" or ill-considered moves by the state General Assembly. But now we are grappling with unexpected carelessness from a respected and effective constitutional officer.

We're talking about state Attorney General Lisa Madigan, endorsed for re-election in November by this newspaper and a majority of others statewide. Solid thinker. Tireless worker. Good with people and a protector of the defenseless.

How, then, did Madigan veer off the tracks of sensibility last week? How did the attorney general's office decide the identities of Illinois gun owners should be public information? After hearing the explanation, reasonable people shook their heads, shrugged and muttered, "Huh?" They included the Illinois State Police, who oppose the move and are working on a legal challenge.

Madigan's decision wisely stopped short of including the addresses and phone numbers of people who hold Firearm Owners Identification cards, required to legally possess or use firearms in Illinois. The rest of the decision follows the legalese explanation of Matthew Rogina, an assistant public access counselor.

"The General Assembly has clearly determined that it is in the public interest to provide a system for identifying those who are qualified to acquire or possess firearms through the issuance of FOID cards," Rogina wrote. "The public, therefore, has a legitimate interest in ISP's enforcement of the FOID card act."

With all due respect to Rogina and Madigan, what, exactly, is the public's "legitimate interest" beyond the mechanical sounding "... legitimate interest in ISP's enforcement of the FOID card act?" What's next? Ordering public access to confidential investigative reports to see if police are trying to solve cases? That'll make it easy to catch the guilty!

It is unusual for this newspaper to disagree with the Associated Press, which requested the names of each FOID cardholder in the state and the expiration date of each card. State police denied the request, and the attorney general's public access counselor properly investigated. That's all well and good. But the resulting FOID decision is unwise and dangerous.

Not everyone is a law-abiding citizen with the stature of Rogina and Madigan. Violent, revenge-minded people might use such a list to determine if a mortal enemy has a gun at home. Criminals who prefer burglary to hard work could easily make a list of gun-free homes by inspecting the FOID list for easy targets.

Or look at it from another perspective. Guns are valuable on the black market, but only without the pesky details of legal acquisition and payment. Stolen guns are preferred. Wouldn't it be handy for gun thieves to know who has firearms and then watch their home until it is empty?

Fortunately, this poorly considered FOID decision does not immediately take effect. A state police attorney will ask a judge to intervene. Corrective legislation is pending and there are rumblings of future legislation that would end the FOID requirement, a needless requirement unique to Illinois.

State Sen. John O. Jones, R-Mount Vernon, has the right idea and is a co-sponsor of Senate legislation preventing disclosure of the names of FOID card holders, or people who have applied for one. Jones called Madigan's decision "the worst type of public intrusion."

"It's already bad enough that we are the only state in the nation that impedes on the Second Amendment by requiring a FOID card," Jones said. "Why make firearm owners feel like they are felons, by releasing this information?"

The FOID issue pits two public rights against one another. The public has a right to know about the operations of government, including law enforcement. But it is not an absolute right; there are exceptions to the state's Freedom of Information Act. The public also has a right to safety. In this balancing test, public safety takes precedence.

There is no reason for law-abiding citizens to have such information. Police already can determine who has a gun in Illinois. They have a legitimate reason to seek such information when armed suspects are arrested, when officers are planning a drug raid, when warrants are being served and when responding to domestic trouble. Those who serve and protect need to know what they are up against.

You don't call an attorney when someone is breaking into your home; you call the police. They have a level of crime expertise beyond the comprehension of lawyers and the general public. It would be unwise to go against the opinions of law enforcement on the recent FOID decision. We call upon our region's state lawmakers to form a united front and stop this unwarranted and dangerous intrusion on the lives of law-abiding citizens.