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Gun case puts focus on law

Interpretation of rule varies by county

RENO -- Washoe County Sheriff Mike Haley's refusal to discuss the flawed handling of Gov. Jim Gibbons' concealed weapons permit is focusing attention on a state confidentiality law that is interpreted differently from county to county.

Last week, the Reno Gazette-Journal reported that Gibbons temporarily surrendered his permit over the winter after it was found he hadn't completed the legally required training for each of his nine handguns.


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  • Gibbons, a Republican, later completed the training and was issued a proper permit.

    Haley has declined to comment on the status of Gibbons' permit and has interpreted the confidentiality law so broadly that he also won't discuss whether his office took action against the firearms instructor who improperly signed off on Gibbons' weapons proficiency test in order for him to obtain the permit.

    Under Nevada law, "an application for a permit and all information contained within that application" is confidential.

    In a story that ran on its Web site Sunday, the Gazette-Journal reported that Haley and some other Nevada sheriffs interpret that to mean the public doesn't have the right to know whether an individual has a concealed weapon permit.

    Sheriffs in Clark, Humboldt and Pershing counties also will not disclose whether an individual has a permit. But sheriffs in Elko, Douglas, White Pine and Lincoln counties will make such disclosures.

    Others, including the sheriffs in Carson City and Storey County, said they have never encountered the issue before.

    "I follow whatever state law says," Elko Sheriff Dale Lotspeich told the Gazette-Journal. "With the exception of personal information, that is public information."

    Twenty-eight states have laws making permit information confidential, according to the Reporters Committee for Freedom of the Press.

    Gibbons' ability to obtain a permit without following the legal requirements is a perfect example why the public should have access to permit information, said Barry Smith, executive director of the Nevada Press Association.

    "How else do you hold people accountable to know whether the procedures are being followed or not?" he asked.

    Information about who holds a permit is not closed by the confidentiality clause in state law, Smith added.

    "To me, it is clearly an open record," he said.

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    Report abuse

    Jon wrote on February 23, 2009 11:01 PM: First off this is just another example of the hoops that law-abiding citizens have to jump through and criminals ignore!

    The point of this should not be that the public should have a right to know who has a concealed permit. what is the point of having a concealed permit if it is public knowledge; why not just tell everyone that has a concealed weapon they have to wear a sign on their shirt that says, "I carry a concealed weapon".

    The point is that the public needs to be assured that the proper certification and requirements are fulfilled by the individuals. That process is left to the instructors and the law enforcement departments. We don't want joe schmoe that has never fired a gun before to carry one, etc.


    Report abuse

    UNLVStud wrote on April 14, 2008 09:45 PM: This is just another example of a republican administration being as secretive as they can with the public.

    The law says that the APPLICATION and its contents are confidential. It doesn't say the permit is confidential. The other counties should follow the lead of Elko, Douglas, White Pine and Lincoln counties in disclosing the clearly public records.


    Report abuse

    Defender wrote on April 14, 2008 04:12 PM: This is a purely Law Enforcement issue.

    Setting aside the fact that under the U.S. Constitution Bill of Rights Article II Protections there shall be NO need for a "concealed weapons permit," ("...the right of the people to keep and bear Arms shall not be infringed,") it clearly is NOT the responsibility of the press to determine who is "qualified" to carry and it certainly is nobody else's business to know.

    Assuming that we allow for government infringement of the people's most basic human right it is only those delegated by the legislature who are charged with the responsibility of documenting who is "qualified" for their so-called "concealed weapons permit."

    In reality, this is no different than a poll tax. Would you think that it is constitutionally acceptable to require a literacy test and charge a fee before permitting the people to vote?

    Just always remember:

    Criminals LOVE Gun Control

    Criminal Governments Especially LOVE and Depend on Gun Control to Oppress their Subjects and Exterminate their Foes. The Minister of Propaganda creates an Unpopularity sentiment among the masses regarding those who would speak out and resist tyranny. This is done in preparation for the final solution and elimination of those who would dare to challenge. Are YOU a Member of an Unpopular Group...

    Goebbels would be proud!
    Nazi Propaganda (1933-1945) - Joseph Goebbels
    http://www.calvin.edu/academic/cas/gpa/goebmain.htm
    Collection of English translations of Nazi propaganda material by Goebbels

    See also:

    LETHAL LAWS
    "Gun Control" IS the Key to GENOCIDE!
    http://www.gunownersalliance.com/Lethal_Laws_book.htm
    http://www.gunownersalliance.com/kopel.htm


    Report abuse

    Mike wrote on April 14, 2008 02:04 PM: Governor Gibbons has State Representative Bernie Anderson to thank for the "pickle" he found himself in. Mr. Anderson made certain that every CCW permit holder "qualify" with each and every firearm that he or she wishes to carry, except revolvers-if you qualify on one revolver you can carry any revolver.

    It seems that Mr. Anderson has little faith in the average Nevada firearms owner and wanted to burden us with having to pay at least $10 per firearm at the gun range plus $25 to Metro for each and every semi auto pistol to be added to our permit. If you have multiple semi automatics that you'd like to carry, you must qualify seperately for each of them...even if they are the same model, e.g. CZ 75 in 9 mm and a CZ 75 in 40 S&W.

    Governor Gibbons had forgotten a couple of pistols that he wanted on his permit, but qualified on several others. The instructor signed off on those that he forgot...probably figuring that if Gov. Jim could qualify on the pistols he brought in , he'd do well on those he left at home. That's the ridiculous nature of our current CCW laws in Nevada.

    If you're concerned about firearm related laws here in the Silver State then I encourage you to check out http://art1sec11.blogspot.com for up-to-date Nevada firearms news, views and commentary.


    Report abuse

    fluffy wrote on April 14, 2008 01:57 PM: Why even bother? Nevada is an open carry state. Strap that 50cal onto your hip, leg, or shoulder harness and get outdoors!


    Report abuse

    Steven wrote on April 14, 2008 12:53 PM: Someone needs to learn the ENGLISH language! State "law" cannot conflict with "constitutional law!" Read the Nevada state constitution, and you'll see that the people have the RIGHT to protect themselves! (with what? slings & arrows?) Also; look at the 2nd amendment in the Federal Constitution (The real organic one!), and there is nothing in it which states you have to get "PERMISSION" from some AGENCY to carry, concealed or out on the OPEN! Oh, WOE IS WE! (the people)


    Report abuse

    Joe wrote on April 14, 2008 10:16 AM: Nevada should adopt a concealed carry statute like Vermont and Alaska. There is no concealed carry statute in Vermont and Alaska. Carry is legal if the person can legally own the gun. That will cut down on the complications of the current law that causes confidentiality problems and these stupid complications. It won't increase the number of people carrying illegally anyway - the crooks already do that despite the current law.


    Report abuse

    jep wrote on April 14, 2008 10:03 AM: Lee, I agree. Law-abiding adult citizens have a constitutional right to bear arms. Adults who are not convicted felons and who are not legally insane should be able to carry concealed weapons for self-protection without a license or a permit. Still, the governor should follow the law or declare it unconstitutional.

    I would also want a concealed weapon if I was the governor or in a similar high-profile position. I encourage all citizens to learn how to defend themselves and use firearms. Follow the law, too, even if you're working to overturn the requirement for a permit.


    Report abuse

    darkhorse wrote on April 14, 2008 09:46 AM: Why does the Governor need to carry a gun when we the tax payers are paying for 24 hour security for him and his wife. What does that budget look like for those State Police? How about a nice editorial on how much Gibbons is wasting on his security for he and his wife. The Governor recently went before the Legislature and ask for more money for HIS and Hers security because of travel and overtime. Where is this money going? Vehicles, Gas, Salaries/Benefits, and equipment sure does add up. There is your next story Mr. Muth. Brake out the axe and start cutting budgets, MR. Governor.


    Report abuse

    darkhorse wrote on April 14, 2008 09:42 AM: Why does the Governor need to carry a gun when we the tax payers are paying for 24 hour security for him and his wife. What does that budget look like for those State Police? How about a nice editorial on how much Gibbons is wasting on his security for he and his wife. The Governor he recently go before the Legislature and ask for more money for HIS and Hers security because of travel and overtime. Where is this money going? Vehicles, Gas, Salaries/Benefits, and equipment sure does add up. There is your next story Mr. Muth.


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