varminter22
Member
The following letter has been sent:
But he thinks that since the law doesn't specify PERMITTEES, he can release PERMITTEES' info.
Of course, that defies logic. If the applicant's name is confidential, how can the PERMITTEE'S name somehow NOT be confidential???
If necessary, we will go to our legislature in 2009 and request a clarification amendment to existing law.
In the meantime, I MOST CERTAINLY HIGHLY ENCOURAGE EVERYONE to write a similar letter.
Sheriff Pierini admits that NRS 202.3662 makes CCW APPLICANTS' info confidential.Stillwater Firearms Association
P. O. Box 665
Fallon NV
89407
April 15, 2008
Mr Frank Adams
Executive Director, Nevada Sheriffs and Chiefs Association
P O Box 3247
Mesquite NV 89024
Subj: CONFIDENTIALITY OF NEVADA CCW PERMIT HOLDERS’ INFORMATION – REQUEST DOUGLAS COUNTY SHERIFF RON PIERINI IMMEDIATELY CEASE AND DESIST
Dear Mr Adams,
Does the Nevada Sheriffs and Chiefs Association support a sheriff that intentionally and knowingly violates Nevada state law (NRS 202.3662) by disclosing CCW permit holders’ confidential information to the general public and/or media?
The Reno Gazette Journal (Link Removed) reports:
Quote
In Douglas County, the sheriff's office releases the names of individuals with permits...
Unquote
In a telephone conversation with me on April 10, 2008, Sheriff Pierini confirmed that he does, indeed, release CCW permittees’ names to the general public. He further indicated he has no plans to change his policy.
It is absolutely clear that Nevada law prohibits the release of CCW permit holders’ information. Nevada Revised Statute 202.3662 states:
Quote
NRS 202.3662 Confidentiality of information about applicant for permit and permittee.
1. Except as otherwise provided in this section and NRS 202.3665 and 239.0115:
(a) An application for a permit, and all information contained within that application; and
(b) All information provided to a sheriff or obtained by a sheriff in the course of his investigation of an applicant, are confidential.
2. Any records regarding an applicant or permittee may be released to a law enforcement agency for the purpose of conducting an investigation or prosecution.
3. Statistical abstracts of data compiled by a sheriff regarding permits applied for or issued pursuant to NRS 202.3653 to 202.369, inclusive, including, but not limited to, the number of applications received and permits issued, may be released to any person.
(Added to NRS by 1997, 1174; A 1999, 851; 2007, 2077)
Unquote
It is further noted that Sheriff Pierini spoke of “open record” laws, presumably NRS 239.010 which states:
Quote
… all public books and public records of a governmental entity, the contents of which are not otherwise declared by law to be confidential, must be open at all times …
Unquote
Nevada Revised Statutes are clear. The application and all information contained therein is confidential and that would include the applicants/permittees names. The general rule of interpretation of statutes is: When there is a general statute and a specific statute, the more specific statue controls/prevails. Granting of the application/permit would not eliminate the requirement of this law.
Again, in view of NRS 239.010 and NRS 202.3662, it is clear Sheriff Pierini is in direct violation of Nevada law.
When a Nevada sheriff discloses permittee names, he is not only violating NRS 202.3662, but also placing the permittee and his family at risk of personal danger; the criminal element can simply obtain names and subsequently burglarize permittees’ homes. This practice also increases the probability of a confrontation between a permittee, his spouse, and his children, and an intruder. The very nature of a CCW is that the citizen wishes his possession to remain confidential. There is no public benefit to be gained by violating the NRS. In fact, the release of the information most definitely increases the chances of property loss and personal injury.
Stillwater Firearms Association most urgently requests Sheriff Pierini immediately cease and desist from releasing CCW permittees names and addresses. Intentionally placing law-abiding citizens in danger for absolutely no reason is inexcusable. With members in 10 Nevada counties (including Douglas County), SFA and untold numbers of law-abiding citizens anxiously await your expedited response in this most urgent matter. Please respond as soon as possible, with copies to all listed below.
Sincerely,
J. L. Rhodes
Copies to:
Governor Jim Gibbons
State Capitol
101 N Carson St
Carson City NV 89701
Senator Mike McGinness
770 Wildes Rd
Fallon NV 89406-7843
Assemblyman James Settelmeyer
770 Hwy 395 N
Gardnerville NV 89410
Assemblyman Pete Goicoechea
P O Box 97
Eureka NV 89316-0097
Douglas County Commissioners
P O Box 218
Minden NV 89423
District Attorney Mark Jackson
P O Box 218
Minden NV 89423
Ms Carrie Herbertson
NRA ILA State & Local Affairs Division
555 Capitol Mall, Suite 625
Sacramento CA 95814
National Rifle Association of America
11250 Waples Mill Road
Fairfax VA 22030
Gun Owners of America
8001 Forbes Pl Suite 102
Springfield VA 22151
Citizens Committee for the Right to Keep and Bear Arms
Liberty Park
12500 N.E. Tenth Place
Bellevue WA 98005
Second Amendment Foundation
James Madison Building
12500 N.E. Tenth Place
Bellevue WA 98005
Douglas County Sheriff Ron Pierini
P O Box 218
Minden NV 89423
But he thinks that since the law doesn't specify PERMITTEES, he can release PERMITTEES' info.
Of course, that defies logic. If the applicant's name is confidential, how can the PERMITTEE'S name somehow NOT be confidential???
If necessary, we will go to our legislature in 2009 and request a clarification amendment to existing law.
In the meantime, I MOST CERTAINLY HIGHLY ENCOURAGE EVERYONE to write a similar letter.