Russell D. Oliver: For Immediate Release

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RUSSELL D.

OLIVER
Attorney at Law PO BOX 140 BLOOMFIELD, MO 63825 573-421-1688 636-660-5152 (fax)

March 4, 2013

FOR IMMEDIATE RELEASE LAWSUIT FILED CONCERNING CCW PERMIT APPLICATIONS On March 4, 2013, a Stoddard County resident, Eric Griffin, and his attorney Russell Oliver filed in the Circuit Court of Stoddard County Missouri a lawsuit seeking a Declaratory Judgment and Injunction against the Stoddard County Fee Office Agent for the Missouri Department of Revenue, Elizabeth Rowland. Rowland currently operates the Stoddard County License Bureau. The lawsuit alleges that Mr. Griffin, having fulfilled all legal requirements to obtain his Concealed Carry Endorsement and having been approved by the County Sheriff for the permit, went to the Stoddard County License Bureau to have the endorsement added to his valid drivers license. Mr. Griffin was informed by the employees of Rowland who, on behalf of the Missouri Department of Revenue, now require that the entire permit application, the persons birth certificate and residency documents such as utility bills be scanned into the Departments system. Mr. Griffin would not be allowed to obtain his Conceal Carry Endorsement unless he allowed the documents to scanned into the system. Mr. Griffin was also informed that his drivers license with the Concealed Carry Endorsement, if he allowed his documents to be scanned, would be forwarded to him in the mail from Atlanta, Georgia. Until this new system was installed approximately one month ago, the license would have been printed in the License Bureau and no documents would have been scanned. Oliver commented that despite the clear mandate set forth in 302.183 that the Department shall not amend procedures to comply with the Federal REAL ID act of 2005 and that the department shall not collect and retain personal identifying documents under 32.091, it appears that is exactly what the Defendant and the Missouri Department of Revenue are doing. Unfortunately, by doing so not only have they illegally collected, retaine, and possibly disseminated to third parties, the personal information of all applicants for license renewal,

they have infringed on the privacy rights of all new Concealed Carry Endorsement applicants. The lawsuit alleges that Missouri law specifically prohibits the Department of Revenue from collecting or retaining any personal information of drivers license applicants and prohibits attempts at compliance with the Federal REAL ID act of 2005. The Defendant and the Department of Revenue have created an illegal impediment to law abiding citizens ability to obtain their Concealed Carry Endorsement. Oliver continued, Despite having completed all legal requirements for obtaining the permit, the Defendant and the Missouri Department of Revenue have created an illegal hurdle to my client exercising of his statutory right by required the scanning of these personal documents. My client was unwilling to submit to having his personal information compromised and so he was unable to obtain the permit. Oliver contends that as Chapter 571 clearly states that the Department of Revenue acts as merely a scrivener for the County Sheriffs determination of an applicants eligibility for the Concealed Carry Endorsement, therefore he contends there is no legitimate purpose for the collection of this protected private information. The lawsuit further alleges that the equipment that is being used by the Stoddard County License Bureau to scan the personal information has property tags that say Property of Morpho Trust USA. Morpho Trust USA holds itself out to specialize in partnering with Federal Agencies to provide secure identification card services. Mr. Griffin refused to provide the information and is now asking the Circuit Court to issue a temporary and permanent injunctions ordering that Rowland stop collecting and retaining personal information of applicants and to give Mr. Griffin his Concealed Carry Endorsement without any dissemination of his status as a Concealed Carry Endorsement holder to any third party including the Federal Government. A hearing date has not yet been set for the determination of the issuance of a preliminary injunction.

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