Saturday, April 6, 2013

Blaze Updates Handgun Story, Still Doesn't Count as News

I wrote (okay ranted) about The Blaze's story of John Mayer, a New York State man who claimed that his handgun license was suspended for 8 years because his son talked about bringing a water gun to school. At the time my main complain was with the fact that the story wasn't really one. It was a series of accusations made by Mr. Mayer and repeated by the conservative news organization.

Look, the internet is a series of people saying things that they can't back up. I get that. I try to correctly source the shit I say, but this isn't actually a job for me. It is a thing I do because my friends got tired of me talking to them about this stuff. Or wanted a way to send my thoughts to other people.

But I am also not claiming to be some journalistic entity the way The Blaze is. If you are just a message board where people can tell their one-sided stories about how they were wronged, that is fine. But if you are trying to have the prestige and respect that comes with being called a news site, instead of just a message board, then you have to at least do some level of reporting. In my original post, I complained that the Blaze called the school looking for a response, either unaware of the fact that the school couldn't legally comment because of FERPA or trying to make the schools lack of comment suspicious. They also didn't do any research on what may have actually happened, or else they would have realized that the suspension could be challenged in a due process hearing and that the son's trouble at school would not have resulted in the suspension under the agency rules.

Well, today The Blaze has updated the original story. To include a response from the school, which can't give any details because of FERPA. Just like I said. They also  got a response from the licensing bureau.
The Suffolk County Police Department does not believe that John Mayer poses a threat to himself or others.
Due to privacy issues, the Suffolk County Police Department cannot comment on the specifics of the ongoing investigation regarding Mr. Mayer’s pistol license suspension. No Final Agency Determination has been made at this time with respect to the status of Mr. Mayer’s New York State pistol license. The Suffolk County Police Department’s Pistol Licensing Bureau has licensing authority over handguns only.
The Suffolk County Police Department is respectful of, and compliant with, the Second Amendment, New York State law and case law as it pertains to an individual’s right to bear arms. The Suffolk County Police Department also has an obligation to ensure the safety of people in the community, especially children, while this investigation continues.
When a final determination is made, and If Mr. Mayer disagrees with the Department’s Final Agency Determination, he would be entitled to an administrative hearing or other legal recourse in this matter.
In other words, his license wasn't suspended until his son is out of the house. They have simply started an investigation and it was suspended as a part of that. When the agency is done with the investigation they may decide that his license can remain, or that he will have to give it up. If they decide that he will lose his license he will have a chance to appeal that decision in an administrative hearing. The letter didn't say this, but I can add in what happens here because I took 5 minutes to look it up. He can contest the facts and get a hearing before a hearing office/ALJ for a finding of fact. Or he can simply say that the sentence is wrong and go to the agency head to explain the mitigating circumstances.

In any case, the story wasn't yet ripe when The Blaze ran with it the other day. It still isn't ripe. The story isn't "Government Takes Man's License Because Schools Are Dumb" (which is pretty much what they ran with at first). It is, government investigation ongoing. Might be nothing. Why don't you wait until something actually happens to write about it. And that isn't a story. That is what happens thousands of times every day in the country.

Mr. Mayer's story MIGHT end up being an example of government overreach. Or, it might end up being an example of the system working correctly (remember, we still don't know WHY the license was suspended because the agency investigation isn't over). But nobody will remember what the story ends up being because they will just remember the initial headline. What is the harm from waiting for the story to actually develop before reporting it? Nothing. But by reporting it early a lot of people are harmed by having the wrong impression of what happened. 



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