GunSenseUS Threatening PA Sheriffs if They Don’t Disclose Confidential License to Carry Firearms Applicant Information

Posted on by Joshua Prince, Esq.

It recently came to my attention that GunSenseUS – in direct violation of Pennsylvania law – is threatening in a two page letter to send press releases to local papers, if PA Sheriffs do not agree to disclose confidential license to carry firearms (“LTCF”) applicant information.

Pursuant to 18 Pa.C.S. 6111(g)(3.1), in pertinent part:

Any person … 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

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

Confidentiality.–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

The inchoate crimes of criminal attempt, solicitation, and conspiracy can be found in 18 Pa.C.S. 901, 902 and 903, respectively, and, per Section 905, for grading purposes, “are crimes of the same grade and degree as the most serious offense which is attempted or solicited or is an object of the conspiracy” In this vein, it is my hope that District Attorneys in counties where Sheriffs have received this letter will immediately file charges against GunSenseUS and their officers, directors, and members responsible for the letters, including President of GunSenseUS, Ann Colby-Cummings, who signed the letters.

As I have written about previously, due to the confidential nature of all LTCF applicant information, many PA Sheriffs do not send out notices to any references listed on an LTCF application and the City of Philadelphia previously agreed to an injunction against it from contacting any references specified on an LTCF application. This is due to nothing within the licensing statute – 18 Pa.C.S. 6109 – requiring or even mentioning references. I also previously had the honor of representing Perry County Sheriff Nace when he was sued by the County Commissioner, demanding that he turn over confidential LTCF applicant information and I was successful in having the complaint dismissed.  Moreover, I have handled two class actions against the City of Philadelphia (first a $1.4 million dollar settlement for the disclosure of confidential LTCF applicant information through an interactive map and second a $500,000 settlement for the disclosure of confidential LTCF applicant information through the use of unenveloped postcards) and have one pending against Franklin County and another against Monroe County, where a class of more than 17,000 individuals has been certified.

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.

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).

9 thoughts on “GunSenseUS Threatening PA Sheriffs if They Don’t Disclose Confidential License to Carry Firearms Applicant Information”

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  8. Wish we could counter sue people like this for threats as they’re putting forth and cause them prison time as well and to entitle those trying to snuff out any of our rights or infringe upon them to a penalty, jail time and other charges for even attempting to infringe on our rights. THe government has no authority to do so as the bill of rights are items the government are forbidden from interfering with. We should also have the NFA of 1934 rescinded and take back the permission to infringe on our right to bear arms.

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  9. Pingback: Year in Review: Major Pennsylvania and Federal Firearms Law Cases of 2019 – Prince Law Offices Blog

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