Saturday, April 13, 2013

2nd Amendment Update: Your CCW info has been turned over to the Feds!‏


This is what we know so far.

In 2005 the Real ID Act was passed under the premise of enhancing security and safety for Americans.
Many states, after reviewing the language felt the law was too intrusive and put individual citizens' privacy at risk. In response a majority of states passed laws prohibiting their own departments from complying with the federal law.

In 2009 Missouri passed HB361, adding them to the list of states that were not going to comply the Real ID Act.


However, in 2012 the MO Dept. of Revenue issued this letter indicating they were going to be making changes to the renewal process that are very much like the procedures used in Real ID, but she never mentions Real ID. They also issued this sample ID which looks very similar to other IDs that are compliant with Real ID.

The following download will who you a PDF of a document from the Department of Homeland Security in which they outline the progress of every state as they seek to establish a Real ID via "enhanced" drivers license. 

Early in 2013 a man in Stoddard County MO refused to comply with the renewal process of handing over his source documents to be copied and sent to the fee office contractor's remote location in Georgia for verification. As a result, Eric Griffin, the Plaintiff was denied a license and subsequently filed an injunction against the fee office and Dept. of Revenue. If you read the article below the Dept. of Revenue maintains this transition has nothing to do with Real ID, however a number of other questions arise.

In March 2013 Sen. Schaeffer, who had also been approached by constituents regarding the license renewal process questioned the Dept. of Revenue at a legislative hearing. After getting unsatisfactory and then conflicting answers from the Dept. Schaeffer then had a subpoena issued for all the documents from the Dept. of Revenue regarding the issue.

Currently, they are in the midst of going through these documents to see what they reveal. However, based on what we have heard from Jefferson City so far there is definitely reason to be concerned. Here are a couple of the issues that have risen off the top of my head:

1)      A number of state agencies are potentially involved in the issue in that federal money was transferred through them to the Dept. of Revenue to pay for some of the new license implementation process.
2)      Based on the stories that have emerged from a number of people with a firsthand account, the process for document collection has not been explained to people as they apply.
3)      The Department itself has not acknowledged destruction of any documents being sent to the remote location by the vendor other than a phone call.
4)      There are other state laws that may be in violation as they relate to equipment purchasing and destruction that would involve the vendor, whether it be hole punches or video cameras.
5)      There is some cause for concern over identity theft because the people actually handling these documents are not government employees, but private vendors.

It was discovered recently that the MO Highway Patrol has twice shared a comprehensive list of CCW permit holders personal information with the federal government in direct violation of state law.

On Thursday, Representative Tim Jones, the Speaker of the MO House, held a press release in front of Attorney General Kris Kosters office to further urge him to defend the privacy rights of Missouri gun owners and CCW permit holders.

We are doing everything in our power to fight for you 2nd amendment and privacy rights.

Sincerely,

Casey Guernsey
State Representative District 2

Paul Curtman
State Representative District 109


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