FOIL REQUEST, Number of Assault Weapons registered are a State Secret.

I requested the total number of Assault Weapons registered under the new NY unSAFE act using a FOIL request.  NY State Police said NO and they used a section of the new law to say that it was a State Secret.  I guess that Dictator Cuomo does not want people to know how few people are registering their “Assault Weapons.”  If you know anyone who has access to this information please have them contact me.  (I was the one who kept track of the CoBIS numbers for 10+ years so I thought that I would do the same thing with the “AW” numbers.  We are spending $37 Million on something, it would be nice to know what we are getting for the money.)

MY REQUEST:

TOTAL NUMBER OF ASSAULT WEAPONS REGISTERED AS REQUIRED BY THE NY SAFE ACT.  I WOULD ALSO LIKE A BREAK DOWN BY TYPE OF ASSAULT WEAPON, RIFLE, SHOTGUN OR PISTOL.  I WOULD ALSO LIKE A REPORT OF TOTAL NUMBERS OF ASSAULT WEAPONS REGISTERED BY COUNTY.  REPORTS AS OF DATE OF JUNE 15 IF POSSIBLE.

THEIR REPLY:

This responds to your e-mail correspondence dated and received at this office on June 19, 2013, requesting the total number of assault weapons registered as required by the NY Safe Act to include a break down of the type of assault weapon, rifle, shotgun or pistol as well as the total numbers of assault weapons registered by county, pursuant to the requirements of Article 6 of the Public Officers Law (Freedom of Information).

Please be advised that Public Officers Law § 87(2)(a) states that an “agency may deny access to records or portions thereof that . . . are specifically exempted from disclosure by state or federal statute.”  FOIL broadly defines “record” as “any information kept, held, filed, produced or reproduced by, with or for an agency or the state legislature, in any physical form whatsoever.”  Public Officers Law § 86(4) (emphasis added).

Penal Law § 400.00(5)(a) provides, among other things, that “[r]ecords assembled or collected for purposes of inclusion in the database established by this section shall be released pursuant to a court order.  Records assembled or collected for purposes of inclusion in the database created pursuant to section 400.02 of this chapter shall not be subject to disclosure pursuant to [FOIL].”  Emphasis added.

The records you seek are specifically exempted from disclosure under FOIL by Penal Law § 400.00(5)(a).  The “general numbers” that you seek are information kept by the State Police in a physical form and, thus, plainly constitute “records.”  Further, section 400.00(5)(a) prohibits disclosure of any record assembled or collected for purposes of inclusion in the State Police database.  Because the records you seek are derived from documents that were assembled or collected for purposes of inclusion in the State Police’s database, they are not subject to disclosure under FOIL.

This entry was posted in I WILL NOT REGISTER, NY UN-SAFE. Bookmark the permalink.

9 Responses to FOIL REQUEST, Number of Assault Weapons registered are a State Secret.

  1. carlos coty says:

    I don’t understand why this information is not publicly available.Pistol permit holders information is publicly available. What is the big secret? Shouldn’t the public be informed about how many of these weapons are in our state?

  2. Al says:

    They can’t give you a number because there isn’t a number to give! That’s what I hope anyway. # resist!

  3. Harold Patriot says:

    No info to give BAHAHA we will keep our guns thank you very much ..an unconstitutional law is not a law and therefore shall not be obeyed.

  4. Pingback: they won't give out the registration numbers

  5. Patriot says:

    FOIL request —
    does not imply a response , is the way I interpret it. After a month I have not heard a word to my request .

  6. Longscout says:

    The purpose of the law in significant portion was intended to create men and women outside the law — “outlaws” — not to provide security. The state has the number — may it stand at zero and so remain forever; now the state is on the march for those who might be charged as felons under the law, thereby making them forever unable to keep or bear arms under lawful sanction. This is not the way our laws were intended to work but there we have it: an abomination meant to lead to an atrocity and with the backup advantage of enabling the state to collected such registered firearms at any future moment when the then-sitting governor awakens with a need to pass a noxious gas instead of just another law — some really significant moment of necessity like that. (I regret the continuing use of the ill-descriptive words “assault weapon” or its diminutive “AW” coming out of the mouths or computer/printers of Second Amendment advocates. The firearm in question is a ‘modern sporting rifle’ or a legal version style based on a military rifle design: the miloitary version may be an assault weapon if it meets the criteria, including among which require that it be capable of fully automated fire, which none of the rifles sold over the counter before January 9, 2013, were designed to do. We should gently correct our friends who use the misnomer and, if necessary, explain why. Why? It is not true: those rifles are not assault weapons, which was the invention of an antigun activist intent on removing firearms from the hands of United States citizens — all of them. WHY would we accept or casually use language with that purpose?)

  7. Pingback: SAFE act - Page 2 - M14 Forum

  8. Ben says:

    Remember California, and how many “assault weapons” were registered after they passed AB-23? Back in the year 2000, Californian’s were supposed to register firearms that fit the description by Dec. 31, 2000. Only 27,000 weapons were registered. In a state where it was estimated to be anywhere from 500,000 to 1 million. It was a massive act of noncompliance.

  9. Pingback: FOIL request for # of “Assault Weapons.” THE APPEAL | OCShooters.com/BLOG

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>