Stoddard County concealed-carry policies brought to court

BLOOMFIELD, Mo. -- Presiding Judge Robert Mayer extended a temporary restraining order against the Stoddard County License Office in a Tuesday hearing.

Evidence was heard for two hours in a case in which Eric Griffin sued Stoddard County License Office fee agent Elizabeth Rowland regarding newly-instituted policies by the Department of Revenue.

Mayer's restraining order extends for an additional 10 days -- the amount of time before the license office can issue a concealed-carry endorsement once again.

Griffin filed the suit after a trip to the license bureau during which he was told his documents -- birth certificate, Social Security card and concealed carry permit -- would be scanned by the license office. He was informed if he did not allow the documents to be scanned, he would not receive his endorsement.

He retained county prosecutor Russell Oliver as his attorney and sued Rowland over the department's policy.

The revenue department "and the fee office agent have created an illegal hurdle that all applicants across the state of Missouri for a concealed carry permit should not have to overcome," Oliver said, arguing that Griffin shouldn't be forced to provide documents to be scanned and risk putting personal information in jeopardy.

Testimony was given by three witnesses -- Griffin, Rowland and Jackie Bemboom, director of the revenue department's Motor Vehicle and Driver Licensing Division.

Rowland testified regarding the process of how a person has an endorsement added to their license. She confirmed that if a person refuses to have their documents scanned, they no longer will be able to receive the endorsement.

Rowland's attorney Don Rhodes said his client, "does not want to be put in a position where she is forced to violate the law."

Recent changes made by the Department of Revenue include document scanning and new equipment required for driver's licenses to be made in Atlanta by a company called L1 Identity Solutions.

Rowland testified that, before the filing of this lawsuit, she was able to get on her office computer, log in and view any documents that had been scanned at her office or any other.

She said since the suit has been filed, her access is denied to the documents. She did not know if the two events are related.

The process that led to the hiring of L1 Identity Services was a point of contention. Rowland could not confirm any research done into L1 Identity Solutions before entering into the contract.

When asked whether the Department of Revenue was aware if the company ever has had a catastrophic data loss, Rowland said she was not.

Griffin and Oliver said the biggest concern was what the state and contractor do with the records, who has access to them and why they are being retained.

Oliver believes the Department of Revenue is prevented by statute from collecting such documents using "biometric" photos and other means of implementing the federal Real ID Act.

In 2009, the State of Missouri passed a bill making the enactment of Real ID in Missouri illegal.

The Department of Revenue argued that the law doesn't apply to this process.

Bemboom testified that the Department of Revenue has not made any changes to be in compliance with Real ID.

Oliver questioned Bemboom about the process by which the company was chosen and whether any investigation was done into its background.

Bemboom testified that officials have received no certificates of destruction of records from L1 Identity Solutions to date. She did state that she had confirmed destruction once through a phone call.

Oliver is set to file a brief no later than Friday. A response to that brief is to be filed by March 19.

Mayer will then make a ruling on the preliminary injunction. An injunction would temporarily prevent the entire state of Missouri from issuing concealed carry endorsements until the conclusion of the trial.

Pertinent address:

Bloomfield, MO