Mo. Lawsuit Filed over Concealed Weapon Permit

3 years 11 months 3 weeks ago March 05, 2013 Mar 5, 2013 Tuesday, March 05 2013 Tuesday, March 05, 2013 3:09:00 AM CST in News
By: Associated Press

JEFFERSON CITY - A lawsuit challenging a new system that makes a digital record of driver's license applicants' birth certificates and other documents has the backing Missouri's lieutenant governor, who said the case raises "serious privacy concerns" particularly for residents seeking concealed weapons permits.

Republican Lt. Gov. Peter Kinder and Missouri House Speaker Tim Jones attended a news conference at the Capitol on Monday with Stoddard County Prosecutor Russell Oliver. Oliver is acting as a private attorney in the lawsuit filed by Eric Griffin, who was trying to get his license renewed in the county to reflect that he'd been approved to carry a concealed weapon.

According to the suit, Griffin fulfilled the requirements for a concealed carry permit and was trying to complete the process by having it added to his driver's license. He provided his application, birth certificate and documents to prove his residency, and was told they would be scanned and saved in a digital format in the Department of Revenue's system. He objected, and filed his lawsuit Monday.

Kinder said the case has statewide importance.

"These folks have followed the letter of the law and been approved for concealed carry by the proper authorities," he said. "They must not be required to share that information with any third parties or the federal government."

The Revenue Department "and the fee office agent have created an illegal hurdle that all applicants across the state of Missouri for a concealed carry permit should not have to overcome," Oliver added, arguing that Griffin shouldn't be forced to provide documents to be scanned and risk putting personal information in jeopardy.

Revenue Department spokesman Ted Farnen said the "department's operations are not inconsistent with the statutory protocols." He declined further comment.

A judge granted Griffin a temporary restraining order Monday, and a hearing is scheduled for March 12.

The Revenue Department recently decided to alter Missouri driver's licenses and the process for issuing them to reduce the risk of identity theft and fraud. Changes began at local license offices in December and are being rolled out at about 15 offices each week.

The new procedure also calls for licenses to be mailed.

The lawsuit alleges that personal and private information about Missouri residents is being collected, retained and disseminated to a third party and the federal government. During his new conference, Oliver said scanning and retaining the documents violates Missouri laws and seems to be an effort to comply with the federal Real ID Act of 2005.

Congress passed the Real ID law because of national security fears. One hijacker-pilot involved in the Sept. 11 terrorist attacks had four driver's license and ID cards from three states.

But the federal law prompted cost and privacy concerns. In Missouri, a law approved in 2009 prohibits the state from changing driver's license application procedures to comply with the Real ID law. It also requires state government to protect residents' privacy.

Oliver noted that Griffin wants a permit for a small pistol that he does not plan on carrying often.

Oliver said the lawsuit names as the defendant the agent of the license office in Stoddard County and that the restraining order affects that office.

 

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