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.

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Firearm and Ammunition Preemption Needs YOUR Immediate Support!

Today, in an 8-3 vote, the Senate Local Government Committee passed an extremely important firearm and ammunition preemption bill – Senate Bill 5 – which in addition to reaffirming/strengthening preemption would also provide for attorney fees and costs, where a local government violates the preemption statute.  Senate Bill 5 will now go to the Senate floor for consideration.

We can pass preemption with a veto proof majority, but we need YOUR help! Please contact your state Senator and urge them to support Senate Bill 5!  Please take the time to email, fax or call your Senator and do not use form letters/requests, as they are generally ignored. Our Representatives know when an issue is so important to you that you take the time to personally and respectfully contact them.

Together, we can ensure that our rights under Article 1, Section 21 are not questioned!

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PA Game Commission Votes AGAINST Semi-Automatic Hunting

Today, after previously voting unanimously to preliminarily approve hunting of game with semi-automatic firearms, the Pennsylvania Game Commission voted against semi-automatic hunting for big game in violation of the Second Amendment and in direct betrayal of gun owners.

Please reach out to the Game Commission and let them know your thoughts on their encroachment of your inalienable rights.

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Maryland Certifies Chief Counsel Prince As A Handgun Instructor

Today, the Maryland State Police certified Chief Counsel Joshua Prince, of the Firearms Industry Consulting Group, a division of Civil Rights Defense Firm, P.C., as a qualified handgun instructor for the state of Maryland, which permits him to instruct Handgun Qualification License applicants and Handgun Wear and Bear applicants.

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As many of our viewers are aware, Chief Counsel Prince recently took the grueling Maryland Bar Exam to begin practicing firearms law and defending the Right to Keep and Bear Arms in the state courts throughout Maryland. He also looks forward to working with the Legislature to amend Maryland’s Constitution to provide an explicit state constitutional right to Keep and Bear Arms, since the Maryland courts have previously held in Scherr v. Handgun Permit Review Board, 880 A.2d 1137 (Md. Ct. Spec. App. 2005) that Article 28 of the Maryland Constitution does not provide an individual right.

Please join us in congratulating Chief Counsel Prince on this achievement!

 


Firearms Industry Consulting Group® and FICG® are registered trademarks of Civil Rights Defense Firm, P.C.

Prince Law Offices, P.C. is licensed to use these trademarks, in accordance with Civil Rights Defense Firm’s approval.

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Filed under Firearms Law, Maryland Firearms Law, News & Events, Pennsylvania Firearms Law

Removal of PA Character and Reputation Clause for an LTCF

Today, Representative Russ Diamond and 20 pro-Second Amendment/Article 1, Section 21 Representatives submitted a new bill, HB 918, which would remove the character and reputation / good cause provision of 18 Pa.C.S. 6109. Many issuing authorities, like Philadelphia and Monroe have utilized the character and reputation provision to prevent law-abiding individuals from obtaining an LTCF.

Representative Diamond’s memo details how a young lady, who has no criminal or mental health background,  was granted an LTCF in one county and after moving to another county, denied her renewal. (Although it was in a different county, since she had a valid LTCF at the time of application, the law supports that such was a renewal, even though with a different issuing authority.) Furthermore, Representative Diamond’s memo explains how the character and reputation clause is violative of Article 2, Section 1 of the Pennsylvania Constitution, as it is an unlawful delegation of power, supported by legions of PA Supreme Court case law.

Please support HB 918 by contacting your Pennsylvania Representatives and requesting that they co-sponsor or support HB 918. Together, we can remove this unconstitutional provision that permits the unequal application of the law and preempt issuing authorities from revoking resident’s Article 1, Section 21 rights!

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Filed under Firearms Law, Pennsylvania Firearms Law

4hr Firearms Law Seminar – April 15, 2017 with Rockwell Tactical!

On April 15, 2017, Chief Counsel Joshua Prince, Attorney Eric Winter and Attorney Adam Kraut of Firearms Industry Consulting Group® (FICG®) in conjunction with Rockwell Tactical, will offer a four (4) hour seminar on state and federal firearms law at the DoubleTree Resort at 2400 Willow Street Pike, Lancaster, PA 17602.

The cost is $20 and you should register early, as the classes sell out fast! To register or to find out further information, check out Rockwell Tactical’s registration page.  If you have questions, please feel free to contact Rockwell Tactical at info@rockwelltactical.com or 717-405-2999.

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Our Veterans Need Our Help To Ensure Their Second Amendment Rights! It Is Time For Us To Repay Our Debt To Them!

Today, the U.S. House of Representatives voted 240-175, with numerous Democrats voting in support, on H.R. 1181 – Veterans 2nd Amendment Protection Act, which would prevent the Department of Veterans Affairs from stripping a veteran’s right to Keep and Bear Arms in the absence of an order or finding by a judge, magistrate, or other judicial authority that such veteran is a danger to himself or herself or others.

Specifically, H.R. 1181 provides:

Notwithstanding any determination made by the Secretary under section 5501A of this title, in any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness shall not be considered adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18 without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others.

It now moves to the Senate for approval, where we need YOUR support. Please contact your U.S. Senators and tell them to SUPPORT H.R. 1181.

As many of you are aware, I recently detailed a client’s putative loss of his Second Amendment rights through the VA, because the VA, sua sponte and in the absence of any form of due process, elected to place him into “supervised direct payment status.”

It is imperative that we protect our veterans and enact H.R. 1181! Please take a few minutes out of your day to contact your Senators and let them know that it is time that we treat our veterans with the respect and dignity they deserve and ensure the protection of their constitutional rights – the rights that they have steadfastly defended of ours. Our veterans are not second-class citizens and our Senators need to know that we’ll defend their rights, just as they’ve been willing to sacrifice everything to preserve our rights.

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Filed under ATF, Firearms Law, Uncategorized