You are using an outdated browser. Please upgrade now to a modern browser in order to benefit of all our site's features: Chrome, FireFox, Opera, Safari or Internet Explorer. [Close]

The Official Blog of Fox News Channel

Napolitano: Putnam County Clerk Will Ultimately Have to Choose Between a Statute and the Second Amendment in Fight to Protect Gun Permit Holders

Earlier on America Live, Putnam County Clerk Dennis Sant stood by his refusal to release the names and addresses of residents with gun permits. Sant’s move is setting up a legal showdown with The Journal News, a newspaper that published online maps revealing the gun permit owners in two neighboring New York counties.

Judge Andrew Napolitano weighed in saying that legally, the newspaper has the right to demand the release of the names thanks to a New York statute. However, Napolitano said that public servants “who are duty-bound to obey the law are also duty-bound to analyze the law that they are obeying and to determine which will create more havoc.”


He argued that Sant is torn between “a statute that on its face says all these records are open to the public and a principle of Constitutional law that says directly […] you must protect the right to keep and bear arms.”

He believes this case will go to court and in all likelihood could end up in the New York Court of Appeals, the state’s highest court.

According to Napolitano, the statute that this information be public was enacted before the internet age. With the “immediacy of that information coming out today, this would be a profound violation of the right to keep and bear arms if those who do so, lawfully do so, have to reveal their identity to the world,” the judge said.

Napolitano warned of another potential consequence should the names and addresses be released. He said, “If all that information comes out that will have the effect of people illegally owning guns because they will still want to protect themselves but they won’t want to reveal all that information to the government and to the public.”

Part One:

Part Two:

Leave a Comment0

Don't want to keep checking back here for the latest from Fox News? That's cool. We'll come to you ...

Connect with Fox News


Stay connected with the most-trusted name in cable news through exclusive videos, blogs, polls, contests and behind-the-scene details.

Get More Fox!

Greta Is Wired! is the official blog of Greta Van Susteren. Get Greta’s breaking news alerts, pictures, videos, polls, and behind-the-scenes exclusives. Plus, speak out on open threads, as well as the live chat page. Connect to the GretaWire community ... and to Greta herself!

Fox News Presents: 'My America with Elisabeth Hasselbeck'

Fox News Channel presents an exciting new feature series, My America with Elisabeth Hasselbeck. From the quirky to the inspirational, "My America" reveals who we are as a nation – driven, passionate and uniquely American. Watch the latest installment, an up-close look at the beloved Oscar Mayer Wienermobile!