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AGENCY PRIVACY REQUIREMENTS FOR NONCRIMINAL JUSTICE APPLICANTS

Authorized governmental and non-governmental agencies/officials that conduct a national fingerprint-based criminal history record check on an applicant for a noncriminal justice purpose (such as a job or license, immigration or naturalization matter, security clearance, or adoption) are obligated to ensure the applicant is provided certain notice and other information and that the results of the check are handled in a manner that protects the applicant’s privacy.

  • Officials must provide to the applicant written notice1 that his/her fingerprints will be used to check the criminal history records of the FBI.
  • Officials using the FBI criminal history record (if one exists) to make a determination of the applicant’s suitability for the job, license, or other benefit must provide the applicant the opportunity to complete or challenge the accuracy of the information in the record.
  • Officials must advise the applicant that procedures for obtaining a change, correction, or updating of an FBI criminal history record are set forth at Title 28, Code of Federal Regulations (CFR), Section 16.34.
  • Officials should not deny the job, license, or other benefit based on information in the criminal history record until the applicant has been afforded a reasonable time to correct or complete the record or has declined to do so.
  • Officials must use the criminal history record solely for the purpose requested and cannot disseminate the record outside the receiving department, related agency, or other authorized entity.2

The FBI has no objection to officials providing a copy of the applicant’s FBI criminal history
record to the applicant for review and possible challenge when the record was obtained based on
positive fingerprint identification. If agency policy permits, this courtesy will save the applicant the
time and additional FBI fee to obtain his/her record directly from the FBI by following the
procedures found at 28 CFR 16.30 through 16.34. It will also allow the officials to make a more
timely determination of the applicant’s suitability.

Each agency should establish and document the process/procedures it utilizes for how/when it gives
the applicant notice, what constitutes “a reasonable time” for the applicant to correct or complete
the record, and any applicant appeal process that is afforded the applicant. Such documentation
will assist State and/or FBI auditors during periodic compliance reviews on use of criminal history
records for noncriminal justice purposes.

Download a copy here.


1 Written notification includes electronic notification, but excludes oral notification.
2 See 5 U.S.C. 552a(b); 28 U.S.C. 534(b); 42 U.S.C. 14616, Article IV(c); 28 CFR 20.21(c), 20.33(d), 50.12(b) and
906.2(d).


NONCRIMINAL JUSTICE APPLICANT’S PRIVACY RIGHTS

As an applicant who is the subject of a national fingerprint-based criminal history record check for a noncriminal justice purpose (such as an application for a job or license, an immigration or naturalization matter, security clearance, or adoption), you have certain rights which are discussed below.

  • You must be provided written notification1 that your fingerprints will be used to check the criminal history records of the FBI.
  • If you have a criminal history record, the officials making a determination of your suitability for the job, license, or other benefit must provide you the opportunity to complete or challenge the accuracy of the information in the record.
  • The officials must advise you that the procedures for obtaining a change, correction, or updating of your criminal history record are set forth at Title 28, Code of Federal Regulations (CFR), Section 16.34.
  • If you have a criminal history record, you should be afforded a reasonable amount of time to correct or complete the record (or decline to do so) before the officials deny you the job, license, or other benefit based on information in the criminal history record.2

You have the right to expect that officials receiving the results of the criminal history record check will use it only for authorized purposes and will not retain or disseminate it in violation of federal statute, regulation or executive order, or rule, procedure or standard established by the National Crime Prevention and Privacy Compact Council.3

If agency policy permits, the officials may provide you with a copy of your FBI criminal history record for review and possible challenge. If agency policy does not permit it to provide you a copy of the record, you may obtain a copy of the record by submitting fingerprints and a fee to the FBI. Information regarding this process may be obtained at http://www.fbi.gov/about-us/cjis/background-checks.

If you decide to challenge the accuracy or completeness of your FBI criminal history record, you should send your challenge to the agency that contributed the questioned information to the FBI. Alternatively, you may send your challenge directly to the FBI. The FBI will then forward your challenge to the agency that contributed the questioned information and request the agency to verify or correct the challenged entry. Upon receipt of an official communication from that agency, the FBI will make any necessary changes/corrections to your record in accordance with the information supplied by that agency. (See 28 CFR 16.30 through 16.34.)

Download a copy here.


1 Written notification includes electronic notification, but excludes oral notification.
2 See 28 CFR 50.12(b).
3 See 5 U.S.C. 552a(b); 28 U.S.C. 534(b); 42 U.S.C. 14616, Article IV(c); 28 CFR 20.21(c), 20.33(d) and 906.2(d).


Permits to carry concealed weapons are being issued at the Sheriff’s Office.  To obtain a conceal carry permit, you must meet certain requirements.  There is a fee for the permit.  Below are some guidelines and a recommended procedure for you to follow.
 Before you consider applying for a conceal carry permit, you must be certain that you qualify.  There are certain requirements that must be met according to Missouri Law.  Those requirements are as follows:

 To qualify for a conceal carry permit the applicant must:

  1. I am currently a resident of the State of Missouri; I am a member of the armed forces of the United States of America stationed in the State of Missouri; or I am a spouse of a member of the armed forces of the United States of America stationed in the State of Missouri;
    (a)  I am a citizen or permanent resident of the United States;
    (b)  I am at least twenty-one years of age, or I am at least eighteen years of age or older and a member of the United States Armed Forces or honorably discharged from the United States Armed Forces;

  2. Have not pled guilty to or entered a plea of nolo contendere, or been convicted of a crime punishable by imprisonment for a term exceeding one year under the laws of any state or of the United States, other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of one year or less that does not involve an explosive weapon, firearm, firearm silencer or gas gun;

  3. Have not been convicted of, pled guilty to or entered a plea of nolo contendere to one or more misdemeanor offenses involving crimes of violence within a five-year period immediately preceding application for a certificate of qualification for a concealed carry endorsement, or, if the applicant has not been convicted of two or more misdemeanor offenses involving driving while under the influence of intoxicating liquor or drugs or the possession or abuse of a controlled substance within a five-year period immediately preceding application for a certificate of qualification for a concealed carry endorsement;

  4. Not be a fugitive from justice or currently charged in an information or indictment with the commission of a crime punishable by imprisonment for a term exceeding one year under the laws of any state of the United States other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm silencer, or gas gun;

  5. Have not been discharged under dishonorable conditions from the United States armed forces;

  6. Have not engaged in a pattern of behavior, documented in public records, that causes the sheriff to have a reasonable belief that the applicant presents a danger to himself or others;

  7. Not be adjudged mentally incompetent at the time of application or for five years prior to application, or has not been committed to a mental health facility, as defined in section 632.005, RSMo, or a similar institution located in another state following a hearing at which the defendant was represented by counsel or a representative;

If you have not been convicted of a misdemeanor or felony described above, that would prevent you from obtaining a permit, there is still a possibility that your application could be refused.  If you have had frequent negative contact with law enforcement that is documented, a sheriff may refuse your application based on section (6) above.

If you have received a FELONY SIS-Suspended Imposition of Sentence-you may not apply for a permit.

If you meet the requirements, the first step you need to take is to enroll in a conceal carry training course.  If you do not already have a weapon, you may want to purchase one.  It is not required that you purchase a weapon.  Some training courses will furnish a weapon for you.  If you do not have a handgun, you should ask the training instructor if weapons are furnished before you sign up for the class.  For potential liability, it is recommended that you go through the course using the weapon you intend to carry.

 The course consists of eight hours of training to include live fire.  Issues covered in the training course are as follows:

  1. Handgun safety in the classroom, at home, on the firing range and while carrying the firearm;
  2. A physical demonstration performed by the applicant that demonstrated his or her ability to safely load and unload a revolver and a semiautomatic pistol and demonstrated his or her marksmanship with both;
  3. The basic principles of marksmanship;
  4. Care and cleaning of concealable firearms;
  5. Safe storage of firearms at home;
  6. The requirements of this state for obtaining a certificate of qualification for a concealed carry endorsement from the sheriff of the individual's county of residence and a concealed carry endorsement issued by the department of revenue;
  7. The laws relating to firearms as prescribed in this chapter;
  8. The laws relating to the justifiable use of force as prescribed in chapter 563, RSMo;
  9. A live firing exercise of sufficient duration for each applicant to fire both a revolver and semi automatic pistol, from a standing position or its equivalent, a minimum of fifty rounds from each handgun at a distance of seven yards from a B-27 silhouette target or an equivalent target;
  10. A live fire test administered to the applicant while the instructor was present of twenty rounds from each handgun from a standing position or its equivalent at a distance from a B-27 silhouette target, or an equivalent target, of seven yards.

At the end of the course you will be issued a Missouri Firearms Safety Instructor Qualification Form/Certificate of Firearms Safety Training Course.
No other Form will be accepted after August 28, 2011.
You need to bring a copy of this Form with you when you apply for your permit.

As of February 1, 2016

To apply for your conceal carry permit.
The Office hours are Monday – Friday from 8-4.  We encourage you to call before coming in and make sure that someone will be in to process your application.
If you need us to stay late or come in early to process the application then give us a call and we will make arrangements. 
You will need to bring the following:

  1. A copy of your training certificate,
  2. Your driver’s license, state identification, or military identification.
  3. Applicants wishing to pay by personal check or money order may bring the required amount or $100.00 to the Sheriff’s Office and should be made out to the McDonald County Sheriff Office.
    1. **** The fingerprinting and background check fee will now be taken care of by the Sheriff’s Office.*****
  4. At time of application you will be fingerprinted

Following the application process, you will be notified within 45 days if your permit has been approved.  The Missouri Department of Revenue does not have anything further to do with the process and the Sheriff’s Office is now responsible for the entire CCW program and will provide the CCW Permit which is not good for 5 years. 


 Dated: 04/15/2013
MO Sheriffs Not Buying Excuses In CCW Leak
 The McDonald County Sheriff’s Office released this statement April 15th concerning the release of Missouri’s full, and private, conceal carry list:

Missouri Sheriffs across the state are watching closely the recent developments from the hearings of the Senate Appropriations Committee concerning the Department of Revenue releasing information on carry concel weapons permits issued by Sheriffs. This information has apparently been shared with the Social Security Administration Inspector General by the Missouri Highway Patrol.
Sheriff Kevin Bond, 2nd Vice President of the Missouri Sheriffs’ Association, met with other board of directors via conference call April 12, 2013, approving the following statement:

“Missouri Sheriffs share in the concerns of the Senate Appropriations Committee about the release of carry conceal weapons permit holders personal information. Local Sheriffs are charged by statute with the duty of processing applications, gathering background information and ultimately issuing the conceal carry certificate. In doing so, we are entrusted with individual personal information. We have a duty, as Sheriffs, to hold that information to the strict standards of the law and the constitution in protecting the citizens we were elected to serve. As this investigation continues by the committee and possibly the Attorney General, Missouri sheriffs are engaged with all parties to assist in formulating changed policy and procedures which will better serve to safeguard the personal information of Missouri carry conceal certificate holders.”

McDonald County residents with questions or concerns are urged to contact Sheriff Mike Hall at 417-223-4319 or  m.hall@mcdonaldcountysheriff.com


 
McDonald County Sheriff's Office © 2014300 East 7th Street | Pineville, Missouri 64856 | 417-223-4319