Justices Rule Press Can Inspect Concealable Weapons Permit Data

The public and press are entitled to inspect applications of people who obtain permission from law enforcement agencies to carry concealable weapons, the state Supreme Court ruled Thursday.

In a 5-2 decision, the justices upheld a claim by CBS Inc. to access to concealed weapons records held by Los Angeles County Sheriff Sherman Block. CBS sought the data for a news report by station KCBS-TV on possible abuses in the system involving issuance of permits to Block’s friends or political contributors.

The court said that the privacy rights of applicants must yield to the “fundamental and necessary” right of the public under state law to make sure that the permits were being issued properly.

Opinion by Bird

“If the press and the public are precluded from learning the names of concealed weapons’ licensees and the reasons claimed in support of the licenses, there will be no method by which the public can ascertain whether the law is being properly applied or carried out in an evenhanded manner,” Chief Justice Rose Elizabeth Bird wrote for the majority.

The justices brushed aside Block’s contention that the permits were carefully limited to those who legitimately feared harm and rejected his concern that making public such data would increase their risk of serious injury or death.

The court noted that at one point, only 35 such licenses had been issued in Los Angeles County, where the sheriff of Orange County had issued more than 400.

“The apparent discrepancy indicates that something may be amiss,” Bird said.

Mosk, Panelli Dissent

In a sharp dissent, Justice Stanley Mosk, joined by Justice Edward A. Panelli, said the court was improperly allowing the “curiosity” of a news organization to outweigh the privacy rights of people whose applications expressed “fear of harassment and bodily harm.”

Mosk said the fact that Block had issued only 35 permits suggested that the sheriff “should be commended for his obvious determination to prevent a proliferation of dangerous weapons in the community.”

The case arose in July, 1983, when CBS filed a request under the state Public Records Act to inspect and copy applications and permits authorizing possession of concealed weapons.

Block refused to turn over the data and CBS went to court, seeking a preliminary injunction granting access. Los Angeles Superior Judge Harry L. Hupp ordered disclosure of most of the licenses, with home addresses deleted.

Appeal Court Decision

But a state Court of Appeal in Los Angeles found the records were entirely exempt from disclosure under the act. Granting public access to the material would violate the privacy of permit holders and increase their risk of danger, the appellate court said.

Bird’s majority opinion Thursday was joined by Justices Allen E. Broussard, Cruz Reynoso and Joseph R. Grodin and Appellate Justice Eugene McClosky, sitting temporarily by appointment.

The chief justice wrote that while there was an “important interest” in protecting the privacy of people whose affairs are recorded in government files, that interest must yield in this instance to the need to “verify accountability” by officials.

Bird described as “conjectural at best” the sheriff’s concern that disclosure would increase the vulnerability of licensees. She noted that under the law information on applications and licenses that indicated “times or places” where the licensee was vulnerable to attack--presumably, for example, his home address--could be withheld from the public by authorities.

Other Exemptions

Similarly, certain information that might entail a “substantial privacy interest”--such as medical or psychological data--also could be withheld, she said.

Deputy Los Angeles County Counsel Gary E. Daigh, who represented Block in the case, expressed disappointment with the ruling. But he declined to assess the impact of the ruling--and what exceptions to disclosure might still be made--pending further review of the court’s opinion.

He said a decision on whether to ask the justices for a rehearing would be made later.

Attorneys for CBS were not immediately available for comment.

The names of those holding concealed weapons permits in Los Angeles County are not expected to be made public immediately. Officials from several law enforcement agencies, including the Sheriff’s Department, said that the high court’s decision would first have to be studied before any files are released.

457 Permits in County

There were 457 concealed weapon permits issued in 1985 in Los Angeles County, according to California Department of Justice records. Thirty-four municipal law enforcement agencies, the Los Angeles County Sheriff’s Department among them, handed out permits. Fourteen other agencies, most notably the Los Angeles Police Department, did not.

The Los Angeles Board of Police Commissioners rejects virtually all weapons permit applications the Police Department receives.

Records show that the Culver City Police Department issued 78 permits in 1985, more than any other law enforcement agency in the county. The Sheriff’s Department handed out 71, followed by San Fernando (52); Monterey Park (50); Montebello (37); Irwindale (29); South Pasadena (26); Inglewood (14); Hawthorne (13) and Palos Verdes Estates (13). Each of the other police departments issuing permits handed out seven or less.