## Facts

- A newspaper submitted Michigan FOIA requests to the Department of State Police and county clerks seeking concealed-weapons permit records, including names, occupations, and reasons for issuance.
- The Department of State Police denied the request; the county clerks offered to release data only if it did not identify permit holders.
- While the case was pending, the Michigan Supreme Court held in *Mager* that gun-ownership information is “of a personal nature” and exempt from FOIA disclosure when release would be a “clearly unwarranted invasion of privacy.”
- After *Mager*, the newspaper narrowed its request to records identifying only public officials (including state legislators) with concealed-weapons permits and related permit details.
- The newspaper asserted a public interest in evaluating officials’ positions on gun policy and detecting possible preferential treatment in permit issuance.
- The trial court granted summary disposition for defendants, concluding the requested concealed-weapons permit information remained exempt even as to public officials.

## Issues

1. Whether Michigan FOIA requires disclosure of records identifying public officials who hold concealed-weapons permits.
2. Whether concealed-weapons permit status and related identifying details are “information of a personal nature” whose disclosure would be a “clearly unwarranted invasion of privacy” under MCL 15.243(1)(a).
3. Whether the FOIA public-interest balancing changes when the permit holder is a public official rather than a private citizen.

## Decision

- The Michigan Court of Appeals affirmed summary disposition for defendants.
- The court held that *Mager*’s privacy analysis applies to concealed-weapons permit information, including information about public officials.
- The court concluded that disclosing whether an identified individual holds a concealed-weapons permit would constitute a clearly unwarranted invasion of privacy under Michigan FOIA.
- Because the requested records would reveal permit holders’ identities (and related sensitive details), they were exempt from disclosure.

## Legal Principles

- Michigan FOIA exempts “information of a personal nature” when disclosure would be a “clearly unwarranted invasion of an individual’s privacy.” MCL 15.243(1)(a).
- Information revealing an individual’s gun ownership or concealed-carry status is treated as personal information protected by the privacy exemption.
- FOIA’s public-interest side of the balance focuses on shedding light on governmental performance, not exposing private facts about individuals.
- A person’s status as a public official does not, by itself, eliminate FOIA privacy protection for sensitive personal information unrelated to official conduct.

## Conclusion

The court held that Michigan FOIA does not require disclosure of public officials’ concealed-weapons permit status or identifying permit details because the information is personal and its release would be a clearly unwarranted invasion of privacy under the FOIA privacy exemption.


Detroit Free Press, Inc. v. Dep't of State Police, 243 Mich. App. 218, 622 N.W.2d 313 (Mich. Ct. App. 2000)