Perry County Sheriff Carl Nace, an ardent supporter of the 2nd Amendment, is being sued by Perry County Auditor McMullen to compel his disclosure of confidential license to carry firearms (LTCF) applicant information.
18 Pa.C.S. § 6111(i) provides,
All information provided by the potential .. applicant, including, but not limited to, the … applicant’s name or identity, furnished by … any applicant for a license to carry a firearm as provided by section 6109 shall be confidential and not subject to public disclosure. In addition to any other sanction or penalty imposed by this chapter, any person, licensed dealer, State or local governmental agency or department that violates this subsection shall be liable in civil damages in the amount of $1,000 per occurrence or three times the actual damages incurred as a result of the violation, whichever is greater, as well as reasonable attorney fees. (emphasis added)
As frequent readers of this blog are already aware, I have a class action lawsuit pending against the City of Philadelphia for disclosing confidential LTCF information.
When I first became aware of Auditor McMullen’s desire to obtain the confidential LTCF information of Perry County residents, in an attempt to amicably resolve this matter, on April 17th, I sent a letter on behalf of Firearm Owners Against Crime (FOAC) advising of the illegality of the dissemination of this information. You can see the letter Perry County Auditor Letter.
Auditor McMullen and the Commissioners have seemingly ignored my letter, as ABC 27 is reporting that Auditor McMullen has already filed suit against Sheriff Nace to compel the disclosure. As reported by ABC 27, the auditor’s attorney, Craig J. Staudenmaier, says “the auditors are not the public and the law does not prohibit the sheriff from providing the requested information to the auditors.” Attorney Staudenmaier further states,
The Auditors have tried to resolve this issue numerous times but the Sheriff has continually refused to provide the complete records. We have then commenced this action and have asked the court to declare that the Act relied upon by the Sheriff does not prohibit the release of these records to the Auditors
As Section 6111(i) and the implementing regulations clearly make disclosure of confidential LTCF information a crime for which Auditor McMullen and the Commissioners are ignoring, Sheriff Nace requires your support. A Facebook page supporting Sheriff Nace has been set up here.
You can also find the Perry County Commissioners’ contact information here. Please respectfully let them know that you do NOT support their invasion of your privacy and request that they immediately come out in support of Sheriff Nace.