Did Upper Darby Police Superintendent Michael Chitwood and Reporter Stephanie Farr Commit a Felony of the Third Degree?

Yesterday, Reporter Stephanie Farr of Philly.com reported on an incident, where allegedly Mr. Domonique Jordan, an adult aide to a special-needs student, brought a firearm to the Drexel Hill Middle School. Apparently, Mr. Jordan has been charged with possession of a firearm on school property, even though, such charging would appear contrary to the en banc decision I recently obtained from the Superior Court in Commonwealth v. Goslin. Regardless, in her article, she states, “Jordan, an employee with Staffing Plus of Haverford, has a concealed-carry weapons permit and an Act 235 permit, which is issued to security guards by state police, [Upper Darby Police Superintendent Michael] Chitwood said.”

Unfortunately for Superintendent Chitwood and Reporter Farr, all license to carry firearms information is confidential and the disclosure of such is a felony of the third degree and also carries with it civil penalties. Specifically, 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 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.

For those unaware, Section 6109 is the statutory section regarding the issuance of licenses to carry firearms. Section 6111(i) further 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, … 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.

As our viewers are aware, I previously litigated a class action against the City of Philadelphia for disclosing confidential license to carry firearms applicant information which resulted in a $1.5 million dollar settlement and also secured a major victory, where the Commonwealth Court held that the use of un-enveloped postcards, which contain license to carry firearms applicant information, is a violation of the confidentiality provisions.

It will be interesting to see whether Superintendent Chitwood and Reporter Farr are held accountable. While Reporter Farr may have been unaware (even though ignorance of the law is not a defense), there is no reason for Superintendent Chitwood to not have been aware of the law.

If your confidential license to carry firearms applicant information has been disclosed, contact Firearms Industry Consulting Group, a division of Civil Rights Defense Firm, P.C., to discuss your legal rights.

Firearms Industry Consulting Group® (FICG®) is a registered trademarkand division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.