Nevada Concealed Handgun Permits
Submitted | April 30, 2013 |
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Communications
From: Shawn Musgrave
To Whom It May Concern:
Pursuant to the Nevada Public Records Act, I hereby request the following records:
Listings of those persons who have been 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 5 business days, as the statute requires.
Sincerely,
Shawn Musgrave
From: Mindy McKay
I will be unavailable working on a special project until Wednesday, May 1st. If you need immediate assistance, please contact Kendra at kcallan@dps.state.nv.us or at (775) 684-6202. Thank you.
From: Julie Butler
Dear Mr. Musgrave, we have received your public records request for
Nevada Concealed Handgun Permits but unfortunately we are not able to
accommodate your request. Such records are confidential under Nevada law
From: Shawn Musgrave
Hello,
Thank you for your response. Please include the appropriate exemption under the Nevada public records law upon which you have based your rejection of my request.
Best,
Shawn Musgrave
MuckRock
From: Julie Butler
NRS 202.3662
From: Shawn Musgrave
Hello,
I would like to clarify that I am not requesting the permits or applications themselves, but rather a listing of individuals who have received permits.
The Supreme Court of Nevada ruled in 2010 in RENO NEWSPAPERS v. HALEY (2010):
"Although NRS 202.3662 is plain and unambiguous in its declaration that an application for a concealed firearms permit is confidential, we conclude that the identity of the permittee of a concealed firearms permit, and any post-permit records of investigation, suspension, or revocation, are not declared explicitly to be confidential under NRS 202.3662 and are, therefore, public records under NRS 239.010."
Here is a link to the ruling: http://www.leagle.com/xmlResult.aspx?xmldoc=in%20nvco%2020100701202.xml&docbase=cslwar3-2007-curr
In light of this ruling, I submit my public records request once again for the following documents:
Listings of those persons who have been issued a concealed handgun permit for the past five years. If possible, please send listings segregated by year of permit application/issuance.
Thank you for your help.
Best,
Shawn Musgrave
MuckRock
From: Julie Butler
Mr. Musgrave, the Haley decision was issued in 2010. The 2011
Legislative Session enacted AB 143 which changed NRS 202.3662 to make
the information you are requesting confidential. Please consult the
legislative history for further details. Therefore, our office us
unable to accommodate your public records request as such information is
confidential by Nevada law.
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