It was reported late Thursday night that the Lehigh County District Attorney disclosed confidential firearm purchase and license to carry firearms applicant information to the media in relation to a recent shooting at a Wawa. Not only did the DA disclose general information, but even went and disclosed the actual dates of purchase, application and approval.
18 Pa.C.S. 6111(g)(3) provides, in pertinent part,
Any person … who knowingly and intentionally … disseminates any criminal history, juvenile delinquency or mental health record or other confidential information to any person other than the subject of the information commits a felony of the third degree
Pursuant to 37 Pa.Code 33.103
Information furnished under this chapter by an applicant, purchaser, transferee or licensee, or collected by the designated issuing authority under this chapter, is confidential and not subject to public disclosure.
18 Pa.C.S. 6111(g)(3.1) goes on to provide, 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.
And lastly, in the civil context, 18 Pa.C.S. 6111(i) provides,
All information provided by the potential purchaser, transferee or applicant, including, but not limited to, the potential purchaser, transferee or applicant’s name or identity, furnished by a potential purchaser or transferee under this section or 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.
Thus, not only is the disclosure of this confidential information a felony of the third degree, but also subjects the DA to civil penalties for the disclosure.
As our viewers likely know, we have litigated several class actions in relation to the unlawful disclosure of license to carry firearms applicant information, with the most recent one resulting in a $4 million settlement.
If your confidential license to carry firearms information has been disclosed, 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.
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