It not too long ago came to my focus that GunSenseUS – in direct violation of Pennsylvania law – is threatening in a two web page letter to send press releases to neighborhood papers, if PA Sheriffs do not agree to disclose confidential license to carry firearms (“LTCF”) applicant details.
Pursuant to 18 Pa.C.S. 6111(g)(three.1), in pertinent aspect:
Any particular person … who knowingly and intentionally obtains or furnishes details collected or maintained pursuant to section 6109 for any objective other than compliance with this chapter or who knowingly or intentionally disseminates, publishes or otherwise tends to make readily available such details to any particular person other than the topic of the details commits a felony of the third degree
Thereafter, 18 Pa.C.S. 6111(i) supplies, in pertinent aspect:
Confidentiality.–All details supplied by the … applicant, such as, but not restricted to, the … applicant’s name or identity, furnished by … any applicant for a license to carry a firearm as supplied by section 6109 shall be confidential and not topic to public disclosure. In addition to any other sanction or penalty imposed by this chapter, any particular person, … State or neighborhood governmental agency or division that violates this subsection shall be liable in civil damages in the quantity of $1,000 per occurrence or 3 instances the actual damages incurred as a outcome of the violation, whichever is higher, as effectively as affordable lawyer charges
The inchoate crimes of criminal try, solicitation, and conspiracy can be discovered in 18 Pa.C.S. 901, 902 and 903, respectively, and, per Section 905, for grading purposes, “are crimes of the identical grade and degree as the most significant offense which is attempted or solicited or is an object of the conspiracy” In this vein, it is my hope that District Attorneys in counties exactly where Sheriffs have received this letter will quickly file charges against GunSenseUS and their officers, directors, and members accountable for the letters, such as President of GunSenseUS, Ann Colby-Cummings, who signed the letters.
As I have written about previously, due to the confidential nature of all LTCF applicant details, lots of PA Sheriffs do not send out notices to any references listed on an LTCF application and the City of Philadelphia previously agreed to an injunction against it from contacting any references specified on an LTCF application. This is due to absolutely nothing inside the licensing statute – 18 Pa.C.S. 6109 – requiring or even mentioning references. I also previously had the honor of representing Perry County Sheriff Nace when he was sued by the County Commissioner, demanding that he turn more than confidential LTCF applicant details and I was prosperous in obtaining the complaint dismissed. Additionally, I have handled two class actions against the City of Philadelphia (initially a $1.four million dollar settlement for the disclosure of confidential LTCF applicant details by means of an interactive map and second a $500,000 settlement for the disclosure of confidential LTCF applicant details by means of the use of unenveloped postcards) and have 1 pending against Franklin County and one more against Monroe County, exactly where a class of extra than 17,000 folks has been certified.
If you or somebody you know has had their confidential license to carry firearms applicant details disclosed or are getting needed to offer details for a license to carry firearms, which is not supplied for in the licensing provision, speak to Firearms Sector Consulting Group currently to go over YOUR rights and legal choices.
Firearms Sector Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this write-up.