PSP Illegally Disclosing LTCF Information Through NCIC

Over the past couple days, I have received several reports, one from a 911 dispatcher, that approximately 3 days ago, an update was completed to the NCIC system, whereby when an officer in Pennsylvania runs an individual’s driver’s license, if the individual has a license to carry firearms (LTCF), the information relating to the individual’s LTCF is disclosed to the officer and everyone in the call center. This is in violation of the law.

18 Pa.C.S. § 6111(g)(3.1) provides:

Any person, licensed dealer, licensed manufacturer or licensed importer who knowingly and intentionally obtains or furnishes information collected or maintained pursuant to section 6109 [LTCF firearms information] for any purpose other than compliance with this chapter or who knowingly or intentionally disseminates, publishes or otherwise makes available such information to any person other than the subject of the information commits a felony of the third degree. (Emphasis added)

Further, 18 Pa.C.S. § 6111(i) provides, in pertinent part:

All information provided by the … 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.

While there has always been an offline database that an officer could query if he/she had reasonable suspicion of a crime relating to the carrying of a firearm or the validity of a LTCF, there is no legal basis for disclosure of confidential LTCF information relative to a driving infraction or merely running one’s driver’s license. Furthermore, even if there was, it is illegal to disclose this information to individuals other than a law enforcement officer acting in the scope of his/her duties. As I understand the new system, it is being relayed to emergency responders, which may even include tow truck drivers that are part of the system.

If you have more information on this new system, please let us know. We will continue to keep our viewers apprised as we learn more.

If you confidential LTCF information has been disclosed, contact us today to discuss your options!

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14 Comments

Filed under Firearms Law, Pennsylvania Firearms Law

14 responses to “PSP Illegally Disclosing LTCF Information Through NCIC

  1. .Daniel Fink

    Can you please tell me the status on house Bill 166? Thank you Dan Fink

    On Oct 1, 2016 10:23 AM, “Prince Law Offices, P.C.” wrote:

    > Joshua Prince, Esq. posted: “Over the past couple days, I have received > several reports, one from a 911 dispatcher, that approximately 3 days ago, > an update was completed to the NCIC system, whereby when an officer in > Pennsylvania runs an individual’s driver’s license, if the individ” >

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  2. Tench Cox

    Well, they have no problem retaining pistol transfer as long as they want, why would further violations of our rights be surprising??????

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  3. Tench Cox

    Sorry, pistol transfer INFORMATION….

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  4. Hello Mr. Prince,
    The Lehigh Valley Commentator e-paper would like to run your article on our e-paper at lvcommentator.com
    Would you give us permission to do so?
    Sincerely,
    Otto Slozer
    Chairman, LVC

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  5. Hello Mr. Prince,
    Do you know how the new system is funded? Also, what state reps or other politicians voters can contact to address questions about the new system?
    Does the new system change any laws such as duty to inform?
    Thank you for taking time to relay the info about the new system.

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  6. Geoff

    I think you mean Pennsylvania Commonwealth Law Enforcement Assistance Network (CLEAN), not NCIC.
    The Commonwealth Law Enforcement Assistance Network (CLEAN) is used by the Commonwealth’s criminal justice agencies to access driver license and motor vehicle information, state criminal history record information maintained in the Pennsylvania State Police Central Repository, the Commonwealth’s central registry for Protection from Abuse orders, “hot” (stolen and wanted) files, law enforcement messaging capabilities, and a host of other services. CLEAN is Pennsylvania’s conduit to NCIC, the FBI’s National Crime Information Center, and to Nlets, the International Justice and Public Safety Information Sharing Network.

    CLEAN maintains connections to over forty other networks, including the Pennsylvania Justice Network (JNET) . JNET interfaces with CLEAN to access criminal history information, arrest data, protection from abuse information, and “hot” files.

    CLEAN handles 1.9 to 2.1 million transactions daily with an average turnaround time of 2.5 seconds each.

    CLEAN access and the use of criminal justice systems and information is restricted to criminal justice agencies. The CLEAN Administrative Section in PSP’s Bureau of Communications and Information Services is responsible to the FBI’s Criminal Justice Information Services (CJIS) Division to ensure that NCIC regulations are enforced among Pennsylvania NCIC users. In addition, the CLEAN Administrative Section prescribes regulations for CLEAN system use, conducts user training, audits transactions to maintain system security and discipline, and investigates allegations of misuse of information systems.

    NCIC knows nothing about Carry Permits or Driver Licenses or License Plates.
    PURPOSE: The purpose for maintaining the NCIC system is to provide a computerized database for ready access by a criminal justice agency making an inquiry and for prompt disclosure of information in the system from other criminal justice agencies about crimes and criminals. This information assists authorized agencies in criminal justice and related law enforcement objectives, such as apprehending fugitives, locating missing persons, locating and returning stolen property, as well as in the protection of the law enforcement officers encountering the individuals described in the system.

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    • Actually, there is a District Attorney who had his name run through NCIC and his LTCF info appeared, including past dates of renewal, in the NCIC result.

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      • Kalven

        Your probably right. However; as previously mentioned CLEAN is the Commonwealth’s portal to NCIC. The LTCF was returned from the CLEAN database; not the NCIC database. People, including Law Enforcement use “NCIC” interchangeably but CLEAN and NCIC are quite different.

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  7. Nicki

    How can this be stopped ? What recourse do motorists / others have if they are violated and privacy is breached ? A driver was detained in Maryland because the cop ‘ just knew ‘ the out of state motorist had a gun. ( the unlawful search found nothing )– Will Pa. become Md. or N.J. ?

    By the way ‘ Geoff ‘ … NCIC does use license plate info. as well as many other data sources.

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    • Geoff

      I don’t see how any law abiding person could get entered into the NCIC database from looking at the list of things that get entered.
      http://www.fas.org/irp/agency/doj/fbi/is/ncic.htm
      Scroll down for the list
      I’m not saying it didn’t happen, but it shouldn’t have..
      As to the out of state motorist, some States tie the permit to the DL as one and the same. The DL has a Carry Permit endorsement. Off- hand I can’t name those States, I could find out if I wanted.

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    • It will likely take someone filing a lawsuit. Unfortunately, few people/entities are in a financial position to fund the litigation

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  8. Dan

    Thank you for sharing this. Is there any active investigation into this report? Any suggestions on whom we may want to contact in order to pursue such inquiries? I’ll gladly write/call anyone if there are some credible suggestions to follow.

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  9. Mark Fiorino

    Josh,

    I have it on record that this has happened during a stop recently to myself. While the encounter was neutral and nothing really happened, I spoke with the Lieutenant that pulled me over, and he explained to me that the call center person he spoke with informed him of my status as an LTCF holder as well, with no mentioning of that during our stop or any indication that I was carrying in the vehicle.

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