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.
Published by Joshua Prince, Esq.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.
I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with:
- License to Carry Firearms Denials;
- Challenges to Erroneous PICS Denials;
- Relief from Firearms Disabilities;
- Estate Planning Advice;
- Gun/NFA Trusts; and
- 42 USC 1983 Actions for Deprivation of Civil Rights
At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding:
- ATF Compliance Inspections;
- Warning Letters and Hearings;
- FFL Revocations;
- Corporate Structure Advice
- Indoor/Outdoor Range Implementation; and
- Forfeiture Proceedings
In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI).
While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2.
You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth.
Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).
View all posts by Joshua Prince, Esq.
3 thoughts on “FICG Files Letter Against Disclosure of Perry County License to Carry Firearms Applicants”
Thumps up Josh; thank you for standing up for our rights!!!