Commonwealth Court Affirms Confidentiality And Statutory Damages For Disclosure of License To Carry Firearms Applicant Information

In another monumental decision secured by Chief Counsel Joshua Prince, the Commonwealth Court in John Doe 1, et al. v. Franklin County, et al., 96 CD 2021 held that “Licensees did not have to establish that the [un-enveloped] postcards were actually read by someone other than the intended recipient to establish public disclosure of confidential information under Section 6111(i) of the Firearms Act. This is not a tort claim but a statutory claim.”

As some of our viewer may remember, Chief Counsel Prince was previously successful, in this same case, in having the Commonwealth Court declare that the disclosure of license to carry firearms (“LTCF”) applicant information to anyone other than law enforcement acting within the scope of their official duties or the applicant (or someone approved by the applicant) violates 18 Pa.C.S. 6111(i), which results 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.”

Unfortunately, as the trial court failed address the other “prongs” or “prerequisites” for class certification in its decision, the Court remanded the case to the trial court with instructions that it issue a decision addressing the other prongs within 45 days.

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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