There is a specific exception in the Privacy Act (42 USC 405(c)(2)(C)(i)) for a state to use the social security number in “the administration of any tax, general public assistance, driver's license, or motor vehicle registration law within its jurisdiction.” There is no exception for other state uses, including CHLs. Therefore it was always OFCC's position that Ohio is violating federal law by REQUIRING the Social Security number. We maintained that they must make it optional and label it as such, just as the BATFE does on the 4473.

After this issue began to receive mounting publicity, Ohio Attorney General Jim Petro issued an opinion concerning the legality of mandating that concealed handgun license applicants provide their social security numbers on the application. The opinion was posted on the AG's website without fanfare, and no press release was issued.

This opinion confirms the position OFCC has taken on this issue for years: It is a violation of federal law to mandate that applicants provide their social security number on a concealed handgun license application.

Key wording of the opinion follows (emphasis added):

"Although voluntary, disclosing a Social Security number greatly facilitates the criminal background check that must be conducted before a license can be issued. Under federal law, the county sheriff may not refuse to process an application for a license if the applicant does not provide a Social Security number."

Click here to download the opinion, entitled "Use of Personally Identifying Information".