On April 12, 2014, Reporter Sean Sauro reported that Perry County Sheriff Carl Nace was refusing a request by Perry County Auditor Kimberly McMullen to disclose Perry County License to Carry Firearms (LTCF) applicant information. Sheriff Nace correctly stated “They want the names of the people who have gun permits, and that’s confidential … The only ones who can get information are law enforcement under official duty.” But Auditor McMullen was not satisfied and stated “Previously, concealed firearms information was available to the public under the right-to-know law…However, last year, rules were established to exclude this information from public view.” In fact, she “submitted a $6,700 proposal to the commissioners to use Nauman Smith attorneys of Harrisburg to determine whether the records should be released to the auditor.”
To save the tax payers $6,700.00, FICG filed a letter in opposition to the disclosure of confidential LTCF information citing to the civil and criminal penalties for disclosure. You can download a copy of our letter here. As we discuss in our letter, each disclosure results in a $1000 statutory damage (or treble actual damages) and a criminal penalty of a misdemeanor of the first degree. Furthermore, based on Auditor McMullen’s statement that this information was previously being disclosed through Right to Know Law requests, we requested all information on previous disclosures. For those unaware, we are currently litigating a class action lawsuit against the City of Philadelphia for disclosing confidential LTCF information.
We will continue to keep our readers apprised of this situation. If you or anyone you know has had their confidential LTCF information disclosed by any person or entity, please contact us today so that we can discuss your legal options.