Attorney General's Opinion 1982-83 #723A

VIRGINIA FREEDOM OF INFORMATION ACT. RECORDS. APPLICATION FOR PERMIT TO CARRY CONCEALED WEAPON SUBJECT TO MANDATORY DISCLOSURE UNLESS COURT ORDERS OTHERWISE.

February 25, 1983

The Honorable Lester E. Schlitz,
Chief Judge Circuit Court of the City of Portsmouth

82-83 723A

This is in reply to your recent letter requesting an opinion whether applications for a permit to carry a concealed weapon, which are filed with the circuit court pursuant to §18.2-308 of the Code of Virginia, must be made available for public inspection under the Virginia Freedom of Information Act, §2.1-340 through §2.1-346.1 (the "Act").

Section 2.1-342(a) provides:

"Except as otherwise specifically provided by law, all official records shall be open to inspection and copying by any citizens of this Commonwealth during the regular office hours of the custodian of such records."

Neither the Act itself, nor any other statute exempts these applications from mandatory disclosure. As an independent branch of government, however, courts have inherent powers, aside from statutory authority. Button v. Day, 204 Va. 547, 132 S.E.2d 292 (1963). There is authority for the view that the court, in its discretion, may order that its own records be kept confidential. The United States Supreme Court has held:

"It is uncontested, however, that the right to inspect and copy judicial records is not absolute. Every court has supervisory power over its own records and files, and access has been denied where court files might have become a vehicle for improper purposes." Nixon v. Warner Communications Inc., 435 U.S. 589, 98 S.Ct. 1306, 1312 (1978).

Applying these two propositions together, I am of the opinion that a court's records, including applications for a permit to carry a concealed weapon, are subject to review under the Act unless the court enters an order prohibiting the records from disclosure, Accordingly, in the absence of a court order sealing the file, the applications would be available for public inspection under the Act.