Press Release

On 10/3/2014, The State of New York Department of State Committee on Open Government issued a four page advisory opinion. The Committee's opinion goes against Governor Cuomo's refusal to release NYSAFE Act information requested in FOIL filings

October 4, 2014

FOR IMMEDIATE RELEASE

Albany, NY The Committee on Open Government dealt a significant blow to Governor Cuomo and the New York State Police through their October 3, 2014 Advisory Opinion that there is no legal basis for the refusal to release aggregate statistical information about the assault weapon registry. This on the same day that three, powerful supporters of the Second Amendment served the Governor and the NYS Police with Petitions to demand production of information in response to earlier demands made pursuant to the Freedom of Information Act during the past eight months. The groups filing suit are Gun Owners of America, the Shooters Committee for Political Education (SCOPE), and Bill Robinson (host of the syndicated Second Amendment Radio Show).

The Committee's Advisory Opinion follows eight months of work by these groups to get responses to this and other requests related to the 2013 SAFE Act. Although as a matter of procedure, it is generally the state agency that sends copies of the agency appeal papers to the Committee, the groups submitted its own copies to make sure that the Committee was informed of the difficulties they were experiencing.

The 4-page Advisory Opinion by the Committee could not be more clear: it is our opinion that disclosure of aggregate data or that which can be derived from the collected records and reported without identification of individual licensees is subject to disclosure under the Freedom of Information Law.

We are thrilled with the Opinion of the Committee on Open Government, said Bill Robinson, whose weekly radio show is heard across New York from WYSL AM1040. The work of the independent Committee on Open Government is particularly vital in a state like New York where the Governor says transparency' but then hides from basic questions.

Larry Pratt, Executive Director of the national organization Gun Owners of America pointed out, Connecticut and Colorado released their registration information promptly upon deadline. It has been amazing to think that a state like New York has forced us to undertake so much legal work to try to gain such basic information. Gun Owners of America has more than 750,000 members across the U.S. , including in New York .

The FOILs submitted by SCOPE originated with 33 of its members in Monroe County , who wanted to ask a list of questions around the State Police Field Guide and website. Stephen J. Aldstadt, the statewide President of SCOPE, added, The timing of the Opinion of the Committee on Open Government relative to our filing and service of the court cases to enforce our requests could not be more appreciated. It will underscore for the Supreme Court the appropriateness of our requests.

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