In the Matter of a Complaint by CORRECTED FINAL DECISION


Edward Ericson and the Fairfield County Advocate,




against Docket #FIC 87-373


Bridgeport Police Superintendent and Bridgeport Police Department,


Respondents May 11, 1988


The above-captioned matter was heard as a contested case on January 29, 1988, at which time the complainants and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.


After consideration of the entire record, the following facts are found:


1. The respondents are public agencies within the meaning of 1-18a(a), G.S.


2. On or about October 7, 1987 the complainants made a request of the respondent superintendent for a list of all residents in the City of Bridgeport with a city permit to carry a pistol.


3. Specifically, the complainants are seeking access to the following information about each permit holder:


a. name;

b. address;

c. date of birth;

d. occupation;

e. the date that the permit was issued;

f. the sex of the applicant;

g. the weapon(s) registered; and

h. phone number.


Docket #FIC 87-373 Page 2


4. By letter dated December 7, 1987 and filed with the Commission on December 14, 1987 the complainants appealed the respondents' failure to comply with their October 7, 1987 request for records.


5. At the hearing, the complainants amended their request to seek access to only current permits.


6. It is found that the requested permits constitute public records under 1-18a(d) and 1-19(a), G.S., and must be disclosed under 1-15 and 1-19(a), G.S., unless otherwise exempt.


7. The respondents claim, however, that the the requested information is exempt from disclosure under 1-19(b)(2), G.S., as a "similar file."


8. It is found that the respondents failed to prove that the requested records are similar files, or that the disclosure of the requested information would constitute an invasion of privacy within the meaning of 1-19(b)(2), G.S.


9. The requested information on phone numbers and weapons registration is not included in the permit.


10. It is therefore concluded that the following information contained in the police permit about each permit holder is not exempt from disclosure under 1-19(b)(2), G.S.:


a. name;

b. address;

c. date of birth;

d. occupation;

e. the date that the permit was issued;

f. sex of the applicant.


The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:


1. The respondent superintendent shall forthwith provide the complainants with copies of the permits more fully described in paragraph 2, 3 and 10 of the findings of fact, above.


Docket #FIC 87-373 Page 3


2. In complying with paragraph 1 of this Order, the respondent superintendent may mask or otherwise delete any information contained in the permits which is not identified at paragraph 10 of the findings of fact.


Approved by order of the Freedom of Information Commission at its regular meeting of May 11, 1988.



Catherine H. Lynch

Acting Clerk of the Commission