Tag Archives: concealed carry permit

Delaware Backpedals on Concealed Carry Changes

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The Delaware Attorney General’s Office has changed the information which appears on its website in relation to the reciprocity agreements of concealed carry permits with other states. Earlier this week I wrote that Delaware had changed its reciprocity agreements. At the time, the verbiage on the website was very clear (that being all non-resident permits from the states Delaware had agreements with would not be recognized after September 23, 2017).

As a number of readers and commenters on Facebook seemed to be confused as to the applicability of the language, I called the Attorney General’s Office to seek clarification. I was transferred to the individual who would have knowledge of the matter only to receive his voicemail. I followed up the following day only to be transferred back into voicemail. To date, I have not received a call back (which at this point is rather moot). Some time after the original blog article was posted, the website was updated to remove the language that was causing disdain amongst the firearms community.

The new language states that “[t]he list of states with reciprocal privileges is published on January 15 each year. Any additional reciprocal states would be posted on January 15 and be effective immediately. The removal of reciprocal privileges from any state would be posted by January 15 to take effect one year later.”

It goes on to state that the AG’s Office is currently reviewing the approval procedures for individuals in other states to acquire concealed carry permits to see if they meet the requirements of the Delaware Code to be recognized in Delaware. If the AG’s Office determines that they do not meet the requirements, notice will be published January 15, 2018 and the official change in recognition will occur the following year (January 15, 2019).

The AG’s Office does issue an apology for the confusion of the language that was posted from February 10-15th.

As always, we strive to give our readers the best and correct information. If you read the original article and shared it via Facebook, email, or some other method, I hope that you will forward along the updated information so that those around you can be in the know.

 

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Monumental Decision from Commonwealth Court on Confidentiality of License to Carry Firearms Applicant Information

On Friday, May 20th, 2016, the Commonwealth Court issued a monumental decision in John Doe, et al., v. Franklin County, et al., 1634 C.D. 2015, a case that I litigated, where it declared 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.”

In a 45 page decision, which reviewed, inter alia, the history of Section 6111(i), the constitutionality of its enactment, the Pennsylvania State Police’s own regulations relating to it and whether a Sheriff can claim High Public Official Immunity in relation to it, the Commonwealth Court declared

“any person, licensed dealer, State or local governmental agency or department” violates Section 6111(i) of the UFA by revealing an “applicant’s name or identity” to a person not (1) authorized to receive such information by statute; (2) involved in the operation or management of the sheriff’s office; (3) representing a law enforcement or criminal justice agency; or (4) otherwise authorized by an applicant. Any other interpretation of Section 6111(i) of the UFA where a License applicant’s confidentiality is not safeguarded would be inconsistent with the UFA’s purpose and structure.

The Court also found that Defendants’ challenge to the constitutionality of how Section 6111(i) was enacted was untimely whether under the doctrine of laches, as Plaintiffs argued, or whether under the Pennsylvania Supreme Court’s decision in Sernovitz v. Dershaw. Accordingly, although Plaintiffs additionally argued that Section 6111(i) was constitutionally enacted, the Court stated that due to the failure of Defendants, or any other party, to bring a challenge regarding its enactment in the past 18 years, any challenge was now untimely.

Furthermore, the Court found that the Sheriff was not entitled to High Public Official Immunity pursuant to Section 6111(i) and therefore declined to consider whether High Public Official Immunity is unconstitutional pursuant to Art 1, Section 11 of the Pennsylvania Constitution, as Plaintiffs had additionally argued.

Unfortunately, although 18 Pa.C.S. 6109(h) explicitly states that $1.50 of the fee paid is for purposes of the issuing authority sending the renewal notice, the Court declined to find that a civil cause of action exists for a Sheriff’s failure to issue renewal notices. Although the Plaintiffs brought a common law claim for breach of fiduciary duties, the Court found the Defendants were protected from that claim by the Political Tort Claims Subdivision Act.

While I am disappointed with certain determinations of the Court, I was pleased to see that many of my arguments and research were utilized by the Court in its decision and that it reached the proper conclusion regarding the confidentiality of LTCF applicant information.

If your confidential LTCF information was disclosed in some manner, whether via postcard, sign-in sheet or otherwise, contact us today so we can discuss your rights. You can reach us at info@princelaw.com or 888-313-0416.

 

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Filed under Firearms Law, Pennsylvania Firearms Law