Representative Noah Sanford
Office of the Attorney GeneralNovember 28, 2017
2017 WL 6819721 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 Opinion No. 2017-00366
*1 November 28, 2017
Re: Public Records
*1 Representative Noah Sanford
*1 Post Office Box 1900
*1 Collins, MS 39428
Dear Representative Sanford:
*1 Attorney General Jim Hood has received your opinion request and has assigned it to me for research and reply.
Issues Presented
*1 In your request, you ask the following questions regarding the release of public records as they relate to Mississippi conceal carry laws, specifically Section 45-9-101:
*1 1) Once a final disposition is made - after an individual's license has been revoked and all appeals have been exhausted, causing him to no longer be a permit holder - are records of the revocation and/or appeals process public record?
*1 2) Are records maintained by the Department of Public Safety - such as letters notifying an individual that his license has been revoked - considered public or private?
*1 3) Are records related to process and procedure, such as minutes or dockets of Commission meetings which result in revocation, considered public record?1
*1 4) If a DPS record (regarding notice, hearing, appeal, procedure, etc.) contains information on multiple individuals under consideration for revocation or suspension, may records from such be redacted to make public only that information which pertains to the individuals whose licenses were revoked?
Applicable Law and Discussion
*1 Section 25-61-11.1 exempts from the Public Records Act “(t)he name, home address, any telephone number or other private information of any person who possesses a weapon permit issued under Section 45-9-101 or Section 97-37-7.” According to Miss Code Ann. Section 45-9-101(8):
*1 The Department of Public Safety shall maintain an automated listing of license holders and such information shall be available online, upon request, at all times, to all law enforcement agencies through the Mississippi Crime Information Center. However, the records of the department relating to applications for licenses to carry stun guns, concealed pistols or revolvers and records relating to license holders shall be exempt from the provisions of the Mississippi Public Records Act of 1983, and shall be released only upon order of a court having proper jurisdiction over a petition for release of the record or records.
*1 There are two separate categories of records in Section 45-9-101(8) that are specifically exempt from the Public Records Act, the first of which are records “relating to applications”. This category is much broader than the second category, which is limited to records relating to license holders. It is worth noting that both categories of records exempt “records relating to” applications and license holders, which would include more than just the license applications and the licenses. Records relating to applications include records relating to licenses that have been denied, suspended, or revoked and would necessarily include records of the revocation and/or appeals process and correspondence notifying an individual that his license has been revoked or suspended. Our office has previously opined that if a record is exempt, information distilled from the record and a summary of the record are also exempt. MS AG Op., Mosley (August 23, 2013) citing Villanueava v. Department of Justice, 782 F.2d 528, 532 (5th Cir. 1986). Thus, the exemptions found in Sections 25-61-11.1 and 45-9-101(8) apply to all DPS records that refer to specific individual license applicants or license holders.
*2 However, the exemptions in Sections 25-61-11.1 and 45-9-101(8) would not apply to DPS records that do not refer to specific applicants or license holders, such as rules and regulations adopted by the Commissioner and general information regarding the application or appeals processes. Section 25-61-9(2) provides: “If any public record which is held to be exempt from disclosure pursuant to this chapter contains material which is not exempt pursuant to this chapter, the public body shall separate the exempt material and make the nonexempt material available for examination or copying, or both, as provided for in this chapter.” Therefore, if a request is made for DPS records related to the general process and procedure and the requested records include information related to individual license applicants or holders, DPS should remove or redact the exempt information in accordance with Section 25-61-9(2) and only produce the nonexempt material.
Response
*2 Response 1: Records of the revocation and/or appeals process of an individual who has his license to carry a stun gun, concealed pistol or concealed revolver revoked are exempt from the provisions of the Public Records Act and may only be released in accordance with a court order.
*2 Response 2: Letters from the DPS notifying an individual that his license to carry a stun gun, concealed pistol or concealed revolver has been revoked are exempt from the provisions of the Public Records Act and may only be released in accordance with a court order.
*2 Response 3: The DPS records that do not refer to specific applicants or license holders, such as rules and regulations adopted by the Commissioner and general information regarding the application or appeals processes are not exempt from disclosure under the Public Records Act. Any records that are exempt from the provisions of the Public Records Act under Section 45-9-101(8) should be separated and redacted from records that are subject to disclosure under the Public Records Act.
*2 Response 4: Please see the responses above. The exemptions to the Public Records Act under Section 45-9-101(8) apply to records relating to specific individual license applicant(s) or license holder(s), regardless of whether the license is ultimately granted, denied, suspended, or revoked.
*2 If we may be of further service, please let us know.
Footnotes
Decisions to grant, deny, suspend or revoke a license are initially made by the DPS and can be appealed to the Commissioner of Public Safety or his authorized agent in accordance with Section 45-9-101(7). Neither the DPS nor the Commissioner or his authorized agent are considered public bodies subject to the Open Meetings Law. Thus, the requirement that a public body keep minutes of all meetings found in Section 25-41-11 does not apply to DPS, or the hearing before the Commissioner or his authorized agent. MS AG Op., Dzielak (October 4, 2013).
In accordance with Section 45-9-101(7) the Commissioner of Public Safety may adopt rules and regulations for the appeal to the Commissioner of a decision by the DPS. Any appeal to the circuit or county would be based on the record made at the hearing before the Commissioner or his authorized agent. We will, therefore, address this question with respect to general records that relate to the application or appeals process and procedure such as the rules and regulations adopted by the Commissioner and, separately, records such as a hearing docket that include information about specific license holders or applicants.
2017 WL 6819721 (Miss.A.G.)
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