Perry County Auditor’s Complaint Against Sheriff Nace

Posted on by Joshua Prince, Esq.

As many of our readers are aware, recently the Perry County Auditors filed suit against Sheriff Nace in an attempt to force him to disclose confidential license to carry firearms (LTCF) applicant information, even though the Perry County Board of Commissioners came out in support of Sheriff Nace. Thanks to an assist by a member of  Perry County Stands Behind Sheriff Carl Nace, I was able to obtain a copy of the Complaint filed against Sheriff Nace. You can download a copy here.

In the Complaint, the Auditors have the audacity to state that

The Auditors cannot perform their statutory duties under 16 P.S. §§ 1721(a) and 1724 to audit the Sheriff’s receipt and disbursement of application fees for licenses to carry firearms unless the Auditors review the original, unredacted records where the Sheriff records the receipt and disbursement of such fees. (emphasis added).

How they can claim that they are unable to perform their duty without the actual names and addresses is beyond comprehension, as Sheriff Nace offered them the redacted receipt and disbursement ledger but which contained all the financial information. It would seem that they have far more nefarious purposes in requiring the names and addresses of LTCF holders; something that will not be forgotten next election cycle. (By the way, why does Perry County need three auditors? Just wondering….)

In continues on

Prior to year 2013, the Sheriff provided the Auditors with access to these original, unredacted records so that the Auditors could conduct the audits required by 16 P.S. §§ 1721(a) and 1724.

While I understand that Sheriff Nace disputes this point, haven’t the Auditors, through their counsel and the Verification page, just admitted to violating 18 Pa.C.S. § 6111(i)? Given there is a 6 year statute of limitation and based upon the PSP’s Annual Report for 2012, there were 1,851 LTCF applications/renewals processed in Perry County, at $1,000 per disclosure plus attorney fees, it would seem that they just admitted to a multi-million dollar violation of the Uniform Firearms Act. One can find the PSP’s Annual Reports for other years, here. Whoopsie….

It is somewhat humorous to see them attempt to argue that it isn’t a disclosure in their Complaint because it is ONLY to the Auditors…who aren’t the public. They’re just public officials…uh huh. Someone seems to have missed the “and” between confidential and not subject to public disclosure in Section 6111(i). The Legislature specifically went further than to simply state that the records are confidential by including, as well, that they aren’t subject to public disclosure. This seems to have eluded the Auditors and their counsel.

It is also interesting to see them argue that their putative right to audit in some unspecified way supersedes the confidentiality provisions. Nothing within the Complaint supports their position that the Sheriff must turn over the confidential information. In fact, there isn’t a single case or statute cited that would support their proposition, which is why such is noticeably absent from the Complaint.

Looks like the Auditors, in their haste to sue the Sheriff, may have just cost the taxpayers of Perry County millions of dollars….remember that come election time…

 

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).

2 thoughts on “Perry County Auditor’s Complaint Against Sheriff Nace”

  2. Pingback: Chief Counsel Joshua Prince to Represent Perry County Sheriff Carl Nace | Prince Law Offices, P.C.

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