Monumental Decision from Commonwealth Court on Confidentiality of License to Carry Firearms Applicant Information

Posted on by Joshua Prince, Esq.

On Friday, May 20th, 2016, the Commonwealth Court issued a monumental decision in John Doe, et al., v. Franklin County, et al., 1634 C.D. 2015, a case that I litigated, where it declared that the disclosure of license to carry firearms (“LTCF”) applicant information to anyone other than law enforcement acting within the scope of their official duties or the applicant (or someone approved by the applicant) violates 18 Pa.C.S. 6111(i), which results 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.”

In a 45 page decision, which reviewed, inter alia, the history of Section 6111(i), the constitutionality of its enactment, the Pennsylvania State Police’s own regulations relating to it and whether a Sheriff can claim High Public Official Immunity in relation to it, the Commonwealth Court declared

“any person, licensed dealer, State or local governmental agency or department” violates Section 6111(i) of the UFA by revealing an “applicant’s name or identity” to a person not (1) authorized to receive such information by statute; (2) involved in the operation or management of the sheriff’s office; (3) representing a law enforcement or criminal justice agency; or (4) otherwise authorized by an applicant. Any other interpretation of Section 6111(i) of the UFA where a License applicant’s confidentiality is not safeguarded would be inconsistent with the UFA’s purpose and structure.

The Court also found that Defendants’ challenge to the constitutionality of how Section 6111(i) was enacted was untimely whether under the doctrine of laches, as Plaintiffs argued, or whether under the Pennsylvania Supreme Court’s decision in Sernovitz v. Dershaw. Accordingly, although Plaintiffs additionally argued that Section 6111(i) was constitutionally enacted, the Court stated that due to the failure of Defendants, or any other party, to bring a challenge regarding its enactment in the past 18 years, any challenge was now untimely.

Furthermore, the Court found that the Sheriff was not entitled to High Public Official Immunity pursuant to Section 6111(i) and therefore declined to consider whether High Public Official Immunity is unconstitutional pursuant to Art 1, Section 11 of the Pennsylvania Constitution, as Plaintiffs had additionally argued.

Unfortunately, although 18 Pa.C.S. 6109(h) explicitly states that $1.50 of the fee paid is for purposes of the issuing authority sending the renewal notice, the Court declined to find that a civil cause of action exists for a Sheriff’s failure to issue renewal notices. Although the Plaintiffs brought a common law claim for breach of fiduciary duties, the Court found the Defendants were protected from that claim by the Political Tort Claims Subdivision Act.

While I am disappointed with certain determinations of the Court, I was pleased to see that many of my arguments and research were utilized by the Court in its decision and that it reached the proper conclusion regarding the confidentiality of LTCF applicant information.

If your confidential LTCF information was disclosed in some manner, whether via postcard, sign-in sheet or otherwise, contact us today so we can discuss your rights. You can reach us at info@princelaw.com or 888-313-0416.

 

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).