Sheriff appeals ruling on handgun license records

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June 06, 2008

By Chris Conrad

Mail Tribune

The Jackson County Sheriff's Department has appealed a judge's ruling ordering the agency to provide the Mail Tribune with a list of concealed handgun licenses issued in the county, officials said.

Jackson County Counsel Allie O'Connor acknowledged the appeal has been filed with Jackson County Circuit Court. She would not comment any further on the case.

The Mail Tribune asked for a list of concealed handgun licenses issued in 2006 and 2007 in Jackson County about nine months ago as part of an investigation into news that a South Medford High School teacher had such a license and wanted to carry her gun to school.

English teacher Shirley Katz sued the Medford School District over a policy prohibiting employees from taking weapons on campus, then appealed when the policy was found valid.

In April, Jackson County Circuit Court Judge G. Philip Arnold issued an opinion that the sheriff had to hand over the list because concealed handgun licenses are public record and state law favors disclosure of public information. He also pointed out that the license application at the time made it clear to applicants that it contained public information.

Winters argued that the documents were exempt from public view because they could compromise security and contained personal information, including names and addresses.

"We are currently compiling the list requested by the Mail Tribune," Winters said. "But the process is labor intensive."

Sheriff's clerks must sort through each of the 6,500 files by hand, as the list is not computerized, Winters said.

"I cannot comment on the basis of the appeal," Winters said.

Mail Tribune Editor Bob Hunter has said the paper does not intend to publish the list. He said the legal action was taken to ensure that public records laws are upheld.

Winters recently lost another case concerning handgun licenses in Circuit Court. In May, Judge Mark Schiveley ordered Winters to renew a permit for a medical marijuana user who met all the statutory requirements. Winters indicated last week he will appeal the ruling.

Reach reporter Chris Conrad at 776-4471; or e-mail cconrad@mailtribune.com.

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