Douglas County Sheriff Violates NRS

[varminter22]

This is a good example of why we must continue to scrutinize county/city/town ordinances to ensure all are in compliance with state law.

See http://news.rgj.com/apps/pbcs.dll/article?AID=/20080409/NEWS04/804090435/0/NEWS01

A couple of things wrong here.

First, the CCW instructor is the person at fault. He should NOT have signed off firearms in which he did not witness actual qualification.

Second, and this is HUGE, the RGJ article says:

In Douglas County, the sheriff's office releases the names of individuals with permits...

This is CLEARLY UNLAWFUL in accordance with NRS 202.3662, which states:

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)

I spoke with Douglas County Sheriff Ron Pierini. He confirmed that he does, indeed, release CCW permittees' names to the general public. He further indicated he has no plans to change his policy.

I am drafting a formal letter ... I submit that is a flagrant violation of NRS 202.3662 and the good sheriff must be held accountable.

And I certainly HIGHLY encourage EVERYONE to write/call Sheriff Pierini, urging him to reconsider and comply with Nevada law.

The Douglas County Sheriff's website is http://www.douglascountynv.gov/sites/so/
Telephone (775) 782-9900.

[VegasGeorge]

Personally, I don't have any strong feelings about confidentiality. I think the 2nd Amendment recognizes the right of every citizen to carry a weapon, concealed or not, so I tend to think of everyone being armed anyway. However, I do think the Sheriff should obey the law, ill conceived or not. Did the Sheriff give any reason for his flagrantly illegal practice?

[varminter22]

He claims this is no different than disclosing who has liquor licenses, etc.

He completely ignores NRS 202.3662.

He further said he has no plans to change this policy.

We cordially agreed to disagree and I am drafting a formal letter.

I believe we simply CANNOT afford to let this type of thing continue.

[Bill of Rights]

Personally, I don't have any strong feelings about confidentiality. I think the 2nd Amendment recognizes the right of every citizen to carry a weapon, concealed or not, so I tend to think of everyone being armed anyway. However, I do think the Sheriff should obey the law, ill conceived or not. Did the Sheriff give any reason for his flagrantly illegal practice?

A couple of points come to mind here:
1) Confidentiality should be required everywhere. The sheriff doesn't divulge driver license info, does he? Does he publicize the names and work shifts of his deputies, so that the criminal element knows when they're home and when they're not? Some things are private and need to stay that way, I think, because in this case, the criminals will take advantage of this knowledge and will either rob your house to get your guns when you're not home or rob your neighbors because they know they likely don't have any guns. There is security in their ignorance and in the impossibility of knowing who is and who is not armed.

2) Like you said, the sheriff needs to obey the law; he certainly would not tolerate any of the citizens for whom he works violating it as he does. It seems to me that he considers the law to be what HE says it is, not what the legislature has written, and if this is so, then he is no better than the criminals he's charged with controlling.

Blessings,
B

[varminter22]

The following letter has been sent:
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 (http://news.rgj.com/apps/pbcs.dll/article?AID=/20080409/NEWS04/804090435/0/NEWS01) 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
Sheriff Pierini admits that NRS 202.3662 makes CCW APPLICANTS' info confidential.

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.

[varminter22]

Good news! Douglas County DA Mark Jackson has been enlightened and now understands the law and the legislative intent. DA Jackson and Sheriff Pierini have stated they will no longer violate NRS 202.3662 - they will now keep CCW permittee names/info CONFIDENTIAL.

It seems this generated quite a lot of correspondence and email. Many thanks to everyone that took the time to write. THIS DOES make a difference!

I received the following email today:
Douglas County DA Mark Jackson has changed his position. Using the references to the applicable NRS and the legislative history provided to him, he has concluded that his original position that the CCW applications and NOT the permits, was incorrect.

He stated that he will be informing the Douglas County Sheriff that both documents are Confidential.

UnderSheriff Paul Howell also just called me as I was typing this, to tell me the same news. He asks that folks spread the word to please stop calling and emailing. His inbox is full. Ha ha.

[Smokewagon]

I guess they finally figured out what the definition of "is" is. :evil: