ATTENTION CCW PERMIT HOLDERS
Your CCW license records are treated as open records in Racine County
Recent events have exposed the Racine County Sheriff's Office routinely releasing CCW license information to nosey citizens in direct violation of Wisconsin state statutes.
Want to know who is packing heat ?
Just ask Chris Schmaling or John Harahan or any sheriff deputy in Racine county.
Scofflaw Schmaling
According to information from a lieutenant within the department, it is within department policy to release CCW licensee information to nosey and inquiring minds. This CCW open records policy of the sheriff's office is in blatant disregard of the law.
CCW statutes are very specific to protect the privacy and identities of law abiding CCW licensee's.
This is serious folks, The sheriff's office has breached the public trust of Racine County citizens who carry by violating the very laws that are put into place to protect law abiding citizens.
If you live in Ashland or Appleton and want to know who's packing? Call the Racine County Sheriff Office where CCW records are handled as public records.
Your information is not safe and secure due to the scofflaw's Sheriff Schmaling and Deputy Sheriff Hanrahan's interpretation of the law.
A complaint has been directly filed into the Racine County District Attorney's office (Patricia Hanson) and with Racine County Corporation Counsel (Michael Lanzdorf) seeking an immediate stop to this CCW open records policy of the sheriff department.
CCW law does not provide any relief to the aggrieved, so
the complaint further request the county to censure Schmaling and Hanrahan for their misconduct of office.
Below is from the DOJ frequently asked questions about CCW concerning the access, use and release of information.
Pages 28 and 29
To view the complete document:
https://www.doj.state.wi.us/sites/default/files/dles/ccw/ccw-faq%201-2018.pdf
ACCESS TO CCW LICENSE INFORMATION
Will there be a list of persons who have CCW licenses?
Yes.
The law requires DOJ to maintain a computerized record listing the names of and
specified information (including but not limited to dates of birth, sex and the identification number
of the CCW license) concerning all individuals who have been issued a license and former
federal law enforcement officers (but not former state law enforcement officers) who have been
issued certification cards. Wis. Stat. § 175.60(12)(a).
Is the information regarding CCW licenses available to the public?
No.
The information regarding CCW licenses is not considered a public record and the DOJ,
Department of Transportation (DOT), or any employee of DOJ or DOT, cannot make it
available to the public except in the context of a prosecution for an offense in which the
person‘s status as a licensee or holder of a certification card is relevant or through DOJ‘s annual
report to the Legislature and the Governor. Wis. Stat. § 175.60(12)(c).
Does DOJ issue any reports regarding CCW licenses?
DOJ is required to submit a statistical report to the Legislature and the Governor annually by
March 1 of each year. The report must indicate the number of licenses applied for, issued,
denied, suspended, and revoked during the previous calendar year. For the licenses denied, the
report must indicate the reasons for the denials and the part of the application process in which
the reasons for denial were discovered. For licenses suspended or revoked, the report must
indicate the reasons for the suspensions and revocations. DOJ may not include in the report
any information that may be used to identify an applicant or a licensee, including but not
limited to a name, address, birth date, or Social Security number. Wis. Stat. § 175.60(19).
To whom can DOJ release information on CCW licenses?
Law enforcement agencies upon proper request and reports to the governor and legislature.
29
Proper requests from law enforcement include: 1) to confirm that a license or certification card
produced by an individual at the request of a law enforcement officer is valid; 2) if an individual
claims to hold a valid license or law enforcement certification but does not have his or her
license document or law enforcement certification card with him or her, to confirm that the
individual holds a valid license or certification card; and 3) to investigate whether a person
submitted an intentionally false statement in a license application or renewal. Wis. Stat. §§
175.60(12g)(a) and (19).
Is the information regarding CCW licenses available to a law enforcement agency?
Yes, in limited circumstances. A law enforcement officer may not request or be provided
information from such computerized record concerning a specific individual except for specified
purposes including to confirm that a license or certification card produced by an individual at the
request of a law enforcement officer is valid or, if an individual does not have his or her license
document or certification card with him or her, to confirm that the individual holds a valid
license or certification card or to investigate whether the person made false statements in their
license application or renewal. Wis. Stat. § 175.60(12)(b) and (12g)(b).
How can law enforcement agencies use CCW license information?
To confirm that a license or certification card produced by an individual at the request of a law
enforcement officer is valid. Wis. Stat. § 175.60(12)(b)1a.
If an individual claims to hold a valid license or law enforcement certification but does not have
his or her license document or law enforcement certification card with him or her, to confirm that
the individual holds a valid license or certification card. Wis. Stat. § 175.60(12)(b)1b.
To investigate whether a person submitted an intentionally false statement in a license
application or renewal. Wis. Stat. § 175.60(12)(b)1c.
To investigate whether a person complied with the requirements governing the return of revoked
or suspended CCW licenses. Wis. Stat. § 175.60(12)(b)1d.
Is information available to law enforcement agencies outside of Wisconsin?
Yes:
1) information to confirm that a license or certification card produced by an individual at
the request of a law enforcement officer is valid; or, 2) if an individual claims to hold a valid
license or law enforcement certification but does not have his or her license document or
law enforcement certification card with him or her, to confirm that the individual holds a valid
license or certification. Wis. Stat. § 175.60(12)(b) 2.
Are there some things a law enforcement agency cannot do with license information?
Neither a law enforcement agency nor any of its employees may store or maintain information
regarding an individual that was obtained from DOJ based on the individual‘s status as a
licensee or holder of a certificate card. Wis. Stat. § 175.60(12g)(b).
In addition, neither a law enforcement agency nor any of its employees may sort or access
information regarding vehicle stops, investigations, civil or criminal offenses, or other activities
involving the agency based on the status as licensees
Once again Sheriff Schmaling as a law enforcement officer has been exposed operating in total disregard of Wisconsin laws that are put into place to protect it's citizens.
Schmaling doesn't believe he has to comply with the law !
Teach him otherwise!
