The Louisville Metro Police Department correctly
denied an Open Records request about firearms trace summary data.
On Aug. 25, 2016, Attorney General Andy Beshear issued an opinion, In re: Insider
Louisville/Louisville Metro Police Department, 16-ORD-177.
Insider Louisville staff writer Joke Sonka requested a copy
of firearm trace summary data from the police department for the homicides from a firearm in 2015.
The department responded to the request in a timely manner and advised
Sonka that those reports are prepared by the U.S. Department of Justice and the
Bureau of Alcohol, Tobacco, Firearms and Explosives. It also said the reports were “anti-terrorism protective measures” within the meaning of
KRS 61.878(1)(m)1.
The department also said that releasing those reports could threaten public safety because the sensitive information was only known
to law enforcement.
On July 15, editor Sarah Kelley appealed the denial to
Beshear’s office. She challenged the records being classified as “anti-terrorism
protective measures” and how it would make the public vulnerable.
The police department responded with a detailed explanation. It stated that information generated by the
National Tracking Center, which tracks firearms, was for exclusive use by law
enforcement agencies.
It also noted that the department had to enter into a
Memorandum of Understanding with ATF not to share any tracking center
information with third parties.
The police department argued disclosure was prohibited under federal law and therefore exempt under KRS 61.878(1)(k).
Beshear ruled the data requested was exempt under
federal law and affirmed the denial of the request on those grounds.
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