Highway patrol gave feds Missouri weapon permits data

[Pete]

Highway patrol gave feds Missouri weapon permits data

http://www.columbiatribune.com/news/highway-patrol-gave-feds-missouri-weapon-permits-data/article_266b644e-a235-11e2-a8e7-0019bb30f31a.html

"JEFFERSON CITY – The Missouri State Highway Patrol has twice turned over the entire list of Missouri concealed weapon permit holders to federal authorities, most recently in January, Sen. Kurt Schaefer said Wednesday.

Questioning in the Senate Appropriations Committee revealed that on two occasions, in November 2011 and again in January, the patrol asked for and received the full list from the state Division of Motor Vehicle and Driver Licensing. Schaefer later met in his office with Col. Ron Replogle, superintendent of the patrol.........."

Down in the story a bit.....

"............The list was given to the Social Security Administration Office of Inspector General, Schaefer said he was told.

“Apparently from what I understand, they wanted to match up anyone who had a mental diagnosis or disability with also having a concealed carry license,” Schaefer said. “What I am told is there is no written request for that information.”............"

The noose is getting tighter and tighter.

".......Schaaf immediately suspected what Schaefer learned from Replogle later in the day. “Now we know two things,” he said. “We know that somebody out there, probably in the federal government, wants the list of all the concealed carry holders in Missouri. We know that now.

“We know one other piece of information – we know the department is actively and purposefully concealing that information from us,” Schaaf said."

[Dusty]

Wait...I thought Joe Beinstein said there'd be no registry?

[Badger52]

There is some anecdotal evidence in the blogosphere that NY State Health Dept is reviewing records of prescriptions for various drugs, with goal of facilitating the revocation of pistol permits under authority of the SAFE Act. I guess the term legal adjudication is fast vanishing. So, as in MO, there appears to be some perceived authority to trump state law, & privacy rights on probably a couple of counts. I see this as an effort to exercise extra-judicial authority over what is a Missouri process with Missouri residents. Of course, it's not 'perceived' authority if they get away with it.

Missourians should raise hell.

The information raises numerous questions, Schaefer said.

“When they turn over the entire list of concealed carry holders in the state of Missouri to the federal government, where is it going?” he said. “I want to know who all was involved in this transaction because if this is just some phone call saying give me the list of all concealed carry holders, how did the person at the patrol who fulfilled that request know who was at the other end of the phone? How did they know where to send it? How did they know what it was being used for?”
Senator, it doesn't matter - stop sounding like you're investigating Fast & Furious wearing the usual mud boots; your own state law was broken. The only correct response to such a request would've been "bugger off."

When the POTUS gave his post-Newtown executive measures I suspect there are some things that may have sounded benign (to some) in the transcript & on TV, but that are codified as specific instructions to the AG machine in 1:1 discussions. Just my hunch, nothing more. But this had (apparently) already happened at least once PRIOR to Newtown OR Aurora. Might be a worthwhile question to one's own state AG as to whether they've been queried by any entity of the Federal government regarding permit rosters and what the response was.

Hey, it's not like it's DHS or the AG asking for it. It's just the Social Security Administration, what could go wrong?

[BOfH]

There is some anecdotal evidence in the blogosphere that NY State Health Dept is reviewing records of prescriptions for various drugs, with goal of facilitating the revocation of pistol permits under authority of the SAFE Act.

Yup. This has been reported by an upstate law firm on nyfirearms[1].


[1] http://www.nyfirearms.com/forums/laws-politics/51155-nys-police-departments-revoking-pistol-permits-because-anti-anxiety-meds.html

[Utah Bob]

In some stayes CCW permits are public record unfortunately.:mad:

[Badger52]

There is some anecdotal evidence in the blogosphere that NY State Health Dept is reviewing records of prescriptions for various drugs, with goal of facilitating the revocation of pistol permits under authority of the SAFE Act. I guess the term legal adjudication is fast vanishing.Or even input from the physician. Maybe a little less anecdotal now.

Fox News story here. (http://www.foxnews.com/politics/2013/04/11/flaws-revealed-in-ny-safe-act-after-state-resident-has-gun-license-wrongly/)
A New York resident got into a high-profile fight with the state government this week after officials ordered him to turn over his gun license and his firearms -- a dispute that exposed potential problems with the recently passed gun law.

Buffalo-area resident David Lewis has since gotten his license reinstated in what was apparently a case of mistaken identity under the state's new SAFE Act. The case drew outrage on gun-rights blogs warning that the state was exploiting the law to seize weapons.

Lewis' lawyer, indicating this may be an indication of a broader issue, also claims to be representing a second client in a similar circumstance.
...
[Attorney]Tresmond said in media reports that Lewis did have a temporary, short-term issue and required medication, but nothing recent. He suggested in a radio interview that his client's private medical history was accessed by the government, violating his rights by using a loophole under HIPAA laws.
Kinda what happens when you don't find out what's in it till after you pass it. Lotta that goin' around.
:rolleyes:

ETA: Steven Means, Wisconsin Department of Justice executive assistant, said state concealed carry permit holders would not be disclosed, even to help Social Security root out disability fraud.

"A blanket request for records could never be honored under the (Wisconsin) statute, as the exceptions allowing release of the information are based on an individual investigative need, and not a blanket request.

"We are also prohibited under the statute from even sorting the data by city, county, or any other manner that would allow for a mass dissemination for any investigative purpose. So, what happened in Missouri would not happen here."

[Badger52]

BREAKING: Backdoor Registration? MO Omitted That ATF Made Request

By: Dana Loesch (Diary) | April 16th, 2013 at 04:59 PM

Continuing with developments in the CCW scandal I first told you about weeks ago: MO Sen. Kurt Schaefer explained on my program today that officials in last week’s public hearings failed to disclose that the ATF was the federal entity who made the request for the CCW list, alongside the Department of Social Security. The ATF has not explained why they wanted this information, which by Missouri law, is illegal to share.

“This request for the list was a joint request between the Department of Social Security and the ATF,” explained Missouri State Senator Kurt Schaefer, who has spearheaded the investigation into this breach as head of the Senate Appropriations Committee.

The ATF was never mentioned by the heads of the Department of Revenue (who resigned over this scandal), or the head of the Missouri Highway Patrol, or the DMV. It was only discovered by digging through documents Schaefer subpoenaed.

Full story here RE Senator Schaefer's concerns. (http://www.redstate.com/dloesch/2013/04/16/breaking-backdoor-registration-mo-omitted-that-atf-made-request/)

[doctom54]

This gentleman use to be my neighbor and Senator before I moved

Senator David Sater’s Statement on
Release of CCW Information

JEFFERSON CITY — Recently, the Missouri Senate discovered the Missouri Department of Revenue (DOR) is taking personal documents such as birth certificates, Social Security cards, and marriage licenses, used to obtain a driver’s or non-driver’s license, and scanning them. A list of approximately 163,000 Missourians with concealed carry permits (CCW) was shared with the federal Department of Social Services. An investigator made the request for the entire list of Missourians with CCW permits through the Missouri Highway Patrol, which gained access to the list from the Department of Revenue. The list was placed on a disk and sent – by mail – to Social Services.

This is in direct conflict with a state law the Missouri Legislature passed and the governor signed in 2009, which made it illegal for the state to “comply with goals and standards” of the federal REAL ID Act. Passed in 2005 by Congress, the REAL ID Act sets strict requirements for photo identification cards to be used to board commercial flights or to enter federal buildings.

"I am outraged and profoundly disappointed that DOR and the Missouri Highway Patrol are ignoring state law and communicating the personal information of our citizens to the federal government,” said Sen. Sater. “Both the governor and DOR claimed this information was not shared. The Senate now has evidence to the contrary and is taking swift action in response.”

The Senate gave first-round approval to a bill last week that will give county sheriffs sole authority over the issuance and approval of CCW permits. Under the bill, DOR will no longer be authorizing CCW on driver’s or non-driver’s licenses and will be prohibited from retaining copies of documents used to obtain those licenses. DOR would further be required to securely destroy any source documents it possesses. The Senate is also taking an extensive look at DOR’s budget. At present, DOR’s allotment for FY 2014 is $0.

“We must hold DOR accountable for every tax dollar it is spending, and every requirement it is placing on our citizens,” said Sen. Sater. “This is a serious breach of public trust, and we have to consider if we should continue to use our hard-earned tax dollars to pay for activity that compromises our personal information and violates state law.”

[Badger52]

Senator David Sater’s Statement on
Release of CCW Information

...
The Senate gave first-round approval to a bill last week that will give county sheriffs sole authority over the issuance and approval of CCW permits.They better have asked the Sheriffs first. While I agree with holding one of the agencies heavily accountable, this ain't the way. I hope MO has very untouchable shall-issue criteria because alot of states who've worked hard to get one (vs. "may issue") would never go back to local county fiefdoms. This was looked at here also prior to the shall-issue law being passed and the Sheriff's, frankly, said they wanted nothing to do with it. They've got plenty on their plate as it is. Don't throw the baby out with the bathwater. Just draw some clean hot water... maybe poach some bureaucrats, then over toast, light salt & pepper.
My $.02, YMMV.