Tag Archives: “confidential”

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

The Thin Blue Label…A Tale of Confidential Information and a Glock Representative Demanding a Pennsylvania FFL Violate the Crimes Code

Trop Gun made a big splash on social media and forums on Thursday for their refusal to show Glock employees their 4473s for customers who had purchased guns through the Blue Label Program. In response to Trop’s refusal to show the Glock representative the 4473s, Glock terminated Trop from the Blue Label Program. You can read Trop’s response to having their Blue Label Program participation revoked here. For those who are unfamiliar, the Blue Label Program allows law enforcement, military, Glock Shooting Sports Foundation (GSSF) members and several other select individuals to purchase Glock pistols at a reduced price.

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The Blue Label Program imposes certain requirements on dealers when selling “blue label” guns. Those requirements include collecting a copy of the individuals credentials (photocopy of their ID), filling out a form that certifies the sales representative saw the credential if a photocopy cannot be made or collecting the GSSF coupon that GSSF members bring. Glock requires that these be attached to the 4473.

According to Trop, when the Glock representative came to do an audit of the “blue label” firearms that were sold, the representative demanded access to view records relating to “blue label” sales including access to the 4473s. Trop Gun wisely refused the representative’s request. After attempting to find a solution that would allow the Glock representative to be satisfied that the “blue label” sales were only made to qualified individuals and arriving at nothing that would satisfy the demands of the Glock representative, Trop Gun was terminated from the Blue Label Program.

While Trop Gun refused the Glock representative access to the 4473s based on their position of protecting their customer’s privacy, there appears to be a more pertinent reason to deny the Glock representative access. It’s a violation of the Pennsylvania Crimes Code for a Pennsylvania FFL to disclose information provided by the transferee in relation to the purchase of a firearm.

18 Pa.C.S. § 6111(i) of the Pennsylvania Crimes Code reads:

Confidentiality.–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 sectionshall 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.

As Section 6111 pertains to the sale or transfer of firearms, the information provided by the transferee is confidential and not subject to public disclosure. This prohibition of disclosure would surely include the Glock representative who arrives at a Pennsylvania FFL to conduct an audit of “blue label” sales. Furthermore, any FFL who did provide the 4473s and/or Pennsylvania Record of Sale to a Glock representative would be in violation of Section 6111(i) and subject to civil penalties in the amount of $1,000 per occurrence or three times the actual damages incurred as a result of the violation, as well as reasonable attorney fees!

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Ostensibly, as the credentials Glock requires individuals to provide in order to purchase a “blue label” gun are being provided for the purchase of a firearm, there may be an argument that the disclosure of those credentials are in violation of Section 6111.

All FFLs in Pennsylvania who are Blue Label Program members should be aware of this issue. If a Glock representative requests information pertaining to an audit for “blue label” guns and the PA FFL provides them with any information furnished by the transferee, that FFL could be civilly liable under the Pennsylvania Crimes Code. Perhaps the next Pennsylvania FFL who is ordered to disclose their 4473s for a Glock “blue label” audit would be better suited in pointing out the request is asking them to violate the Pennsylvania Crimes Code. Maybe after reviewing this matter more closely, Glock will reconsider their termination of Trop’s Blue Label Program participation, as they were asking Trop Gun to potentially open themselves up to civil liability.

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Filed under Firearms Law, Pennsylvania Firearms Law