20,000 Public Disclosure Opt-Out Forms for NY Permit Holders Went Unprocessed

20,000 Public Disclosure Opt-Out Forms for NY Permit Holders Went Unprocessed

20,000 Public Disclosure Opt-Out Forms for NY Permit Holders Went Unprocessed

Nearly everyone recognized that when New York’s Secure Ammunition and Firearms Enforcement Act of 2013, commonly known as the SAFE Act, was signed into law by Gov. Cuomo, it would put more burdens on lawful gun owners.

Perhaps the only benefit to the law was that permit holders now had a way to opt-out of having their names and addresses being public information subject to public records requests, as they had been since 1981. All they would need to do is fill out a form with their county clerk’s office to ensure their permit information would not be released as a result of public records requests.

The Monroe County Clerk’s Office, however, has some 20,000 unprocessed forms dating back three years, The Democrat & Chronicle reports.

The opt-out provision was the result of The Journal News, a newspaper in Westchester County, publishing the names, addresses, and a map of permit holders in its readership area following the 2012 Sandy Hook school shootings.

The publication of so much personal information put a target on the backs of lawful gun owners and drew public outrage, leading to the opt-out forms.

So why weren’t the forms processed? Well, like most paperwork problems in government, it’s all comes down to the bureaucracy.

Cheryl Dinolfo, the county clerk when the law was passed, called on the state to pay for the cost of processing them, and estimated the cost to be $16.10 per form. When the state declined to pick up the tab, the forms were shelved with the intention to process them all as a block.

Most of the forms have never been seen by a judge and those that did were never matched to their permits. They now sit in drawers in chronological order, making it impossible for staff to know whether a specific permit holder requested privacy without searching through thousands of forms.

20,000 opt-out forms later, the estimated cost for processing them is $322,000.

“No matter where you are in terms of whether you think pistol permits should be public records or not, this is a troubling situation,” said current County Clerk Adam Bello, who took office in March after Dinolfo was elected county executive (proving once again, in government you fail upward).

Dinolfo said she hadn’t released any permit holders’ information since the enactment of the SAFE Act “to protect the safety and security of all pistol permit holders.”

However, even gun rights advocates like Ken Mathison, a spokesman for the Monroe County branch of the Shooters Committee on Political Education, say that what Dinolfo did was “gross incompetence.”

The result of Dinolfo’s actions, Mathison says, only weakened the protections for gun permit holders and opens the county up to legal challenges.

“I think it’s presumptuous on (Dinolfo’s) part to think she’d get away with this,” Mathison said. “I think she passed a can of worms on to (Bello).”

Bello said his office is attempting to speed up the processing of the forms and has requested an additional $25,000 from the County Legislature to hire two part-time employees. He anticipates that it will take two years to catch up, making the one benefit of the SAFE Act, at least for Monroe County, yet another burden.

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Mike Doran is a writer and political junkie. He is a lifelong hunter and outdoor enthusiast who braves the south Georgia heat every day. You can follow Mike on Twitter at twitter.com/wmdoran.
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Common Sense

NY should just follow the Constitution and not require permits to own a pistol and that would end the issue.

Roger Lewin

Your screen name implies that you expect the elites will use common sense. Not going to happen in NY, EVER. As long as the seat of power is in and around NY City. I left NY, for Florida, the “gunshine state”. You would do well to consider leaving NY as well, if you ever want to exercise you constitutional rights.

Joseph Waters

What do you expect with a far left Governor, who is just like his father. That is one of the reasons I left NY, could not stand all those liberal morons running the State.


First off, they could have saved all of this hassle by making the information available only if an opt-IN form was filed. That way, virtually no one would have filed a form, there would be no forms to process, and everyone’s information is off-limits. Of course, that makes too much sense.

As for each form costing $16 to process, I can’t roll my eyes far enough. If the state employees are that over-paid and inefficient then hire a temp at $8/hr to process 10 forms/hr. How long does it take to match up a name/address from an opt-out form to a computerized record and check the box to make it non-accessible?

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