But state attorney general pushes back
The Platte County Sheriff’s Office was one of several sheriff’s departments chosen for an audit by the FBI of concealed carry weapons (CCW) permits.
But the FBI is getting major pushback on the audit of CCW information from the office of Missouri Attorney General Eric Schmitt, who says allowing federal agents from the FBI to have access to records of Missourians who have a permit to carry a concealed weapon “violates Missouri law and infringes on our Second Amendment rights.”
Schmitt fired off a letter to Christopher Wray, director of the FBI, in Washington, D.C.
In his letter to the FBI, Schmitt says that Missouri law states “information retained in the concealed carry permit system shall not be distributed to any federal, state, or private entities.”
At the end of the letter, Schmitt promises “to use the full power” of his office “to stop the FBI’s attempts to obtain information on Missouri concealed carry weapons permit holders.”
Major Erik Holland of the Platte County Sheriff’s Department told The Landmark that the sheriff’s department received an email from the FBI on Saturday, July 9. At the first of the week, the sheriff’s department then contacted the attorney general’s office “seeking guidance on complying with CCW and the confidentiality of these records,” Holland said.
“Audits are not uncommon. But this is the first time we’ve had the federal government look to audit these particular records,” Holland remarked.
On Wednesday, July 13, Schmitt fired off his letter to the FBI.
In his letter to the FBI, Schmitt, who is a Republican candidate for the U.S. Senate in the August primary, wrote: “I was a state senator when this law was passed and I proudly voted for it. In fact we deliberately wrote the state law so that only the elected county sheriff had access to the CCW list you are trying to get. Here in the heartland, we elect our county sheriffs, who are members of our communities. The same cannot be said for your out-of-touch FBI.”
Locally, Holland said the Platte County Sheriff’s Department has a good working relationship with the FBI and the region’s FBI agents. The audit letter came from FBI headquarters in Washington. The email from the FBI to the sheriff’s department said the FBI would be conducting National Instant Criminal Background Check System (NICS) audits in Missouri, starting the week of Aug. 8.
At the close of his letter to the FBI, Schmitt says to director Wray: “This is not going to happen. I will fight you tooth and nail with all of the resources that the people of Missouri have given me as their attorney general.”
Through a records request, The Landmark obtained a copy of the Platte County Sheriff’s Department’s response to the FBI letter announcing the audit.
In that response letter, signed by Holland as both the undersheriff and general counsel for the sheriff’s department, Holland writes, in part:
“Some of the information in your email leads us to believe that portions of the audit may seek information or the review of records which would be in violation of Missouri law.”
Holland goes on to say that “While our office has no problem providing information related to ensuring our compliance with applicable CJIS (Criminal Justice Information Services) security regulations, we cannot violate the laws of the State of Missouri in the process.”
Holland told The Landmark that “Obviously, any information requested as part of the audit that doesn’t violate Missouri law or infringe on any rights of citizens such as security protocols, identification of our personnel, things of that nature, will be responded to appropriately.”
The FBI in its letter to the sheriff’s department said an auditor would be visiting the Platte County Sheriff’s Office on Aug. 10. The agency was “selected as a local Missouri agency reviewed for the access to the NICS,” the email said.
The Kansas City Star reported late last week that the FBI in a statement had informed the Star that the Missouri audit would inspect a sampling of system transactions to make sure there wasn’t any misuse of the agency’s Criminal Justice Information Services systems. The planned audit is a routine inspection of the systems, the statement said.
The Star reported that the FBI’s statement to the newspaper went on to say: “At no point would auditors require access to lists such as state approved concealed carry holders, nor would the CJIS Division retain information beyond what is necessary to address a specific compliance concern. Missouri has been through this routine audit multiple times, most recently in 2018.”
Holland’s July 14 reply to the FBI auditor sounds as if the sheriff’s department still anticipates a visit from the auditor on Aug. 10.
“Your email correctly listed the address of the sheriff’s office. There should be adequate parking in the front lot on Third Street or on the street in front of the sheriff’s office,” Holland concluded in his letter.
