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Nevada CFP law violates federal law.

J

Jared

Regular Member
Joined
Jul 8, 2006
Messages
892
Location
Michigan, USA
Has anyone ever noticed that the law for a Nevada permit violates federal law (Section 7 of the Privacy Act) by requiring a SSN.

Not only is it illegal but it's illegal for them to solicit you SSN without mentioning that it's voluntary.

Has anyone ever pushed this issue?

I remember Stollenwork sued Pennsylvania over this exact issue. I also believe someone brought this up in Nebraska and the AG instructed the state to not mandate an SSN as they would be guilty of violating the Privacy Act.
 
J

jfrey123

Regular Member
Joined
May 13, 2008
Messages
468
Location
Sparks, NV, Nevada, USA
Interesting. I'm not up on Federal laws as much as I am the Nevada Revised Statutes. I couldn't remember putting my SSN on the Washoe County app, but I just checked their PDF online and sure enough it's there without any mention of optional as you suggest it should be.

There's also this clause in the legal jargon at the end: "This authorization and request is given freely and without duress, voluntarily waiving any protection against unauthorized disclosure of information under the Privacy Act and any other legal provisions..." So it would be a little too late for someone who already applied and signed to raise a huge fuss about their case specifically.

http://www.washoesheriff.com/resources/files/2015 CCWAPPLICATIONS.pdf
 
J

Jared

Regular Member
Joined
Jul 8, 2006
Messages
892
Location
Michigan, USA
jfrey123 said:
Interesting. I'm not up on Federal laws as much as I am the Nevada Revised Statutes. I couldn't remember putting my SSN on the Washoe County app, but I just checked their PDF online and sure enough it's there without any mention of optional as you suggest it should be.

There's also this clause in the legal jargon at the end: "This authorization and request is given freely and without duress, voluntarily waiving any protection against unauthorized disclosure of information under the Privacy Act and any other legal provisions..." So it would be a little too late for someone who already applied and signed to raise a huge fuss about their case specifically.

http://www.washoesheriff.com/resources/files/2015 CCWAPPLICATIONS.pdf
Click to expand...

The clause doesn't matter. Section 7 of the Privacy Act of 1974 is very clear, they can't force you to waive it. It's not legally possible.

Each sheriff and each person who is processing the application is actually committing a federal misdemeanor. Acting within state law is not a defense to a violation of federal law.
 
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