Pursuant to a May 2, 2019 Order by Wyoming County President Judge Russell Shurtleff, a previous Order of February 7, 2019 granting class certification against Monroe County, the Monroe County Sheriff’s Office, Monroe County Sheriff Todd Martin and John/Jane Does, has been unsealed in a case involving the disclosure of license to carry firearms applicant information through the use of un-enveloped postcards, in violation to 18 Pa.C.S. § 6111(i). We previously blogged that Chief Counsel Joshua Prince was successful in obtaining a preliminary injunction against the Monroe County Sheriff in this case. The February 7, 2019 Order, in granting class certification, declares that the class shall be defined
Those individuals, who allegedly had their confidential license to carry firearms applicant information disclosed by Defendants in violation of their right to privacy and 18 Pa.C.S. §611 l(i) from September 8, 2009 through the present, as a result of un-enveloped communications, including, but not limited to, postcards that were ( 1) sent to the applicant/licensee and the applicant/licensee’s references containing information submitted by the applicant/licensee and (2) sent by the applicant/ licensee’s references to Defendants.
The Notice to class members is available on www.MonroeLTCFClassAction.com and will be published in the Pocono Record on Wednesday, May 8th, Friday, May 17th, and Sunday, May 26th. As specified in the Notice, unless a class member requests to be excluded, the individual will be part of the class action.
Pursuant to 18 Pa.C.S. § 6111(i),
any person…State or local governmental agency or department that [discloses confidential LTCF information] 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.
At the present, given the Pennsylvania State Police annual firearm reports, it is believed that the class encompassed more than 17,000 individuals.
If you or someone you know has had their confidential license to carry firearms applicant information disclosed or are being required to provide information for a license to carry firearms, which is not provided for in the licensing provision, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.
Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.