Bill would restrict gun records

Lawmaker fears criminals' access to licensees' data

By MELISSA DROSJACK
Austin Bureau

AUSTIN -- A state lawmaker says she is trying to fight crime with legislation to restrict public access to information on people licensed to carry concealed handguns, but opponents say the proposal would result in hiding the identities of those who are packing heat.

Rep. Suzanna Gratia Hupp, R-Lampasas, said she wants to change current law because it allows a would-be thief to request concealed handgun license information on each individual living in an area to find out who has a concealed handgun license.

"Currently, if a bad guy is determining which home on a particular block he wants to rob, all he has to do is request the information and he knows which houses have guns that have a valuable resale," Hupp said.

She said she also is concerned by the fact the Texas Department of Public Safety is required to notify license holders whenever someone requests their information. She said this could endanger women who are trying to find out whether an abusive boyfriend or husband has a concealed handgun license.

"I'm surprised that anyone would be against a woman's personal privacy and her ability to defend herself from a violent ex-boyfriend or husband," Hupp said.

The group Texans Against Gun Violence opposes Hupp's bill.

Nina Butts, a spokeswoman for the group, said there is no reason for a concealed handgun licensee's information to be hidden from the public and the media.

"What do these people have to hide? Why are they scared? What is their secret?" Butts said.

The bill would end public access to certain DPS records.

The 1995 law allows the public to have access to information about licensed concealed handgun holders.

A licensee's name, date of birth, gender, race and ZIP code are subject to disclosure, and the licensee is notified by the department with the name of the person or agency that requests the information.

Jim Dark, executive director of the Texas State Rifle Association, said he agrees with Hupp that guns are common items sought by criminals for resale.

"Guns are one of the most easily pilfered items that are out there," Dark said.

But Charley Wilkison, political and legislative director for Combined Law Enforcement Associations of Texas, an organization that includes more than 80 law enforcement association affiliates, said it would be unlikely for a would-be thief to request a concealed handgun license holder's information to steal their gun.

"No one that I've talked to has heard of that crime being committed where you ask for a person's concealed handgun information and then go and steal their gun," Wilkison said. "It seems that the law pretty much works the way it is."

Criminals tend to know where to look for homes with handguns and wouldn't use open records to obtain that information, Wilkison said.

"It seems like to me, when you're looking at the way crimes are being committed, gathering information through open records would be a long way around breaking and entering," Wilkison said.

Rep. Lon Burnam, D-Fort Worth, said this legislation is one of many bills that have been filed to restrict access to open records that he opposes.

"It looks like we're going to be dealing with a lot of attempts this session to close down parameters around open records," Burnam said. "I have a gut negative reaction to this bill because of my general philosophical bias on open records."

There are 221,792 active licenses in the state, with 33,504 in Harris County as of Jan. 2. An individual can access information by making a request with a name and ZIP code of the licensee, with a $5 fee for each request.

Last year 160 requests were made, with about 10 of those from the media, said Tela Mange, DPS spokeswoman.

Hupp was personally affected by gun violence in October 1991, when she watched as her parents were killed in a gun massacre along with 21 other people in a Luby's cafeteria in Killeen. Hupp then decided to run for public office to bring change in gun control laws.

The issue has come up in the past two sessions, with bills filed by Hupp. Last session, the bill died in the House Calendars Committee.

Hupp and Butts agreed that the legislation has a better chance of survival this session because of the Republican-controlled Legislature.

"With such a different Legislature this time, I think it's really possible that a bill like this could get through this time," Butts said.

Copyright 2003 Houston Chronicle