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Newspaper's gun owner map sparks high-profile legal battle

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    Peter Johnson Jr. weighs in

  • Duration 4:15
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Traversing over -- New York newspaper's publication of the names and addresses.

-- gun permit holders is turning into a legal battle Royale but the Putnam county clerk Dennis -- told FOX & Friends earlier that he will not hand over the name.

I -- -- elected to please the journal news I was elected she'd care for the well being of my citizens in Putnam county my phone has been flooded with phone calls from citizens from Rockland counting and Westchester County.

Fearful for their lives.

-- -- Well it doesn't generic drug warning now to discuss this to agree to see a good morning is he going to have to legally turn over the names and address in the end I don't believe so my journal news burglar and -- -- -- travel guide I think.

Is probably illegal.

In that sets but they're different from Chicago and it requires sure they act how to by the county officials -- handed -- -- -- they'll make it doesn't think that giving up the ghost to leave that look at the law carefully.

And under the law if there is a chance.

That safety.

Comes into play they don't have to turn it over and if you look at the cases involving the Freedom of Information Act.

If there's an issue as to the motive of the person who's requesting it.

If this motive is commercial only in nature.

And this is a newspaper and a web site that's obviously try to seek attention and an -- and hits on its web site.

Then a state court may say no wouldn't you don't have to turn it over Putnam county Westchester and Rockland counties also in your state.

They didn't have to turn it over.

So I think in -- the legal issues there are some real strong legal issues that Putnam county -- the newspaper's publisher and editor says it's not commercial in nature of their -- here's what they say here's the statement from the journal we believe.

The law is clear that this is public information and the residents of -- county are entitled to see it we're troubled the county officials and apparently switched their position since we first -- cited in my -- -- -- public safety MIA issue it is a public safety figure out who it's garbage neighborhood the police don't loans against the government note -- those who -- the guns.

The public safety issue is between the rocks of -- and sure Rivet its.

Which is the greater risk.

Is the greater risk.

Not have big -- Is that going to subject you to more burglaries in kidnappings or is the risk of having -- -- Got a cause greater violence and greater risk -- crime against the people who do have the guns.

By publishing the list there extensively putting.

Both groups of people at risk we need more data on that some of the data shows that in other cities where this has been done.

The people in the neighborhoods they didn't have the lawful weapons -- subjected.

Two more crime so is that what the journal news wants to do.

In published in this stuff to subject the people who were not lawful gun owners to more crime this is insane.

On its face -- disabled there's a public purpose involved it's not a public purpose.

It's about money it's about circulation.

It's about attention and obviously were given them a lot of attention so -- -- make a lot of money in it in that pursuit.

But Putnam county in terms of -- hard law.

Going through the administrative process going to a State Supreme Court going to an appellate division.

They have.

Excellent and -- legal arguments that say.

No they don't have to turn it over best interest saying because -- -- know that there was a precedent that they didn't have to turn it over only that when freedom of information comes not being there saying oh yes.

It always says we have to turn over because they want -- to turn -- over.

I believe that in the law there's enough.

For them to say -- enough we're not going to do it it's a public safety.

And a privacy.

Issue -- credit information.

Is withheld if other addresses -- withheld.

Under the Freedom of Information Act.

Why aren't these addresses withheld especially -- and thinks it's a safety issue for the citizens fascinating legal perspective it -- can win this -- all -- Great to see you will keep I'll necessary obviously.