|Submitted||April 30, 2013|
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To Whom It May Concern:
Pursuant to the Nebraska Public Records Statutes, I hereby request the following records:
Listings of those persons who are issued a concealed handgun permit for the past five years. If possible, please send listings segregated by year of permit application/issuance.
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 4 business days, as the statute requires.
Dear Mr. Musgrave,
Attached please find our response to your public record response.
Thank you for your response. Please indicate a specific section of the Neb. Rev. Stat. on which you have based your rejection of my request.
For your convenience, I have copied and pasted a portion of Neb. Rev. Stat. section 69-2444 which I stated in my response.
" . . . The information shall be available upon request to all federal, state, and local law enforcement agencies. Information relating to an applicant or to a permitholder received or maintained pursuant to the Concealed Handgun Permit Act by the Nebraska State Patrol or any other law enforcement agency is confidential and shall not be considered a public record within the meaning of sections 84-712 to 84-712.09."
Thank you for your help with this request. Would it be possible to receive a listing of permits that has been redacted of identifiable information such as name, street address, etc but keeping non-identifiable geographic data such as zipcode, county, etc?
In answer to your question, no, because that would be considered information relating to the applicant or permitholder as stated in the statute below.
Thank you again for your prompt response. I would like to appeal this determination that the non-identifiable data must be withheld in full. What is the appellate authority for your agency?
All information regarding an appeal is on the letter I attached to the original email.