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Thread: How to file a FOIA request under NC's public records law

  1. #1
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    Mr. Moderator, can I get this stickied please?

    I was procrastinating about posting this, but developments in the following thread have jolted me out of my stupor:

    http://opencarry.mywowbb.com/forum41/38899.html

    Under the Freedom of Information Act and North Carolina's own public records law, we have the right to request records and material from the state relating to a number of topics. This includes police detainments and arrests.

    I am not a lawyer. With that disclaimer given, I have a close friend who is a journalist and regularly submits FOIA requests in conjunction with his reporting. He gave me some guidance on how to go about doing this. These instructions are aimed towards FOIA requests submitted to police departments, but the same principles apply to other requests as well.

    1. Find out who the Public Information Officer is for the department in question. You can typically find this by searching their web site. Examining press releases can be a good way to figure this out as well.

    2. Send an email or a letter to this person. (Personally, I start with an email and move to a registered letter if I get no response.) Include the following information:

    (a) Your full name and address.

    (b) Information from the warning or citation you were issued (incident number, officer's name and badge number, date and time... anything that can help them identify the records you want).

    (c) A description of the records you want. This can include dash camera video footage, any police radio traffic related to the incident, 911 calls, police reports, and name and badge numbers of any other officers involved.

    (d) Including something to the effect of "I am making this request under North Carolina's public records law" can be helpful.

    Note that there may be a charge for the records. Note also that you are NOT required to tell them WHY you want the records. If it is a public record, you have a right to request it without giving a reason.

    I hope this helps those of us who have been unreasonably detained or harassed due to us exercising our right to bear arms. If nothing else, it's a good idea to have a copy of this material for your own reference. It can also shed light on the original situation which prompted the detention or harassment and may clue you in on whether you have grounds for a lawsuit.

    Again, I am NOT a lawyer. I'm just sharing this information from a reliable source. Please feel free to supplement if you have additional details about or experience with submitting FOIA requests.

  2. #2
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    Thank you!
    "In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot." - Mark Twain

    I don't bother with pragmatic statistics while discussing my constitutional rights. The issue is far less complex, to me. Free men should be able to act like free men.

  3. #3
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    Great information, thanks

  4. #4
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    Great info. I am going to use this.

  5. #5
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    This link will assist you in developing a FOIA request. I have tried it and it worked very well for me. http://www.splc.org/foiletter.asp

    Bob

  6. #6
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    rlk wrote:
    This link will assist you in developing a FOIA request.* I have tried it and it worked very well for me.
    That's a great link. Thanks for sharing.

  7. #7
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    that's a great link

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