Concealed Carry Application

[MRO]

Hello

Latest info that I received is that you DO NOT have to list 'references' on the application. I understand that there was a court case objecting to the references and that the decision was that 'references' should be removed from the application. What I read was that the have not removed that box yet but they do not check references and they do not have to be listed.

[Exbiker]

Hello

Latest info that I received is that you DO NOT have to list 'references' on the application. I understand that there was a court case objecting to the references and that the decision was that 'references' should be removed from the application. What I read was that the have not removed that box yet but they do not check references and they do not have to be listed.

On the sheriffs website the app and the instructions both still say 2 references.
http://www.co.delaware.pa.us/sheriff/gunpermitapp.pdf
http://www.co.delaware.pa.us/sheriff...nstruction.pdf

[MRO]

This is what I received from PA: "References are no longer needed because of Confidentiality Laws PA has passed. References may no longer be needed for any county.
There is still a space for References on the Application. Ask when you apply.

[PAMedic=F|A=]

This is what I received from PA: "References are no longer needed because of Confidentiality Laws PA has passed. References may no longer be needed for any county.
There is still a space for References on the Application. Ask when you apply.

Correct. the form still has them because the law requires the space to be there. Philly is under court order not to contact them. Counties that have paid attention well not call them.

[Statkowski]

Correct. the form still has them because the law requires the space to be there.

The law doesn't say squat about that space, or any other space. The law simply says the application will be on a form created by the PSP. It's the PSP that put that space there. Eventually they'll revise the form.

§ 6109. Licenses.
(c) Form of application and content.--The application for a license to carry a firearm shall be uniform throughout this Commonwealth and shall be on a form prescribed by the Pennsylvania State Police.

[PAMedic=F|A=]

The law doesn't say squat about that space, or any other space. The law simply says the application will be on a form created by the PSP. It's the PSP that put that space there. Eventually they'll revise the form.

§ 6109. Licenses.
(c) Form of application and content.--The application for a license to carry a firearm shall be uniform throughout this Commonwealth and shall be on a form prescribed by the Pennsylvania State Police.

You are right, & I was unclear.

The law requires them to use the State form provided by PSP.

PSP put the space there.

[tl_3237]

Regarding references and confidentiality, as I read last year's ruling:

1. whether references are voluntary or mandatory is up to the individual sheriff's discretion;
2. sheriffs do not violate the confidentiality subsection (6111(i)) in contacting the references provided.

Defendants' demurrer to Count VIII alleges that Defendants' policy of requiring references was enacted pursuant to Sheriff Anthony's statutory duty to investigate License applicants and that the manner in which the investigation is conducted is within his discretion. (POs ¶ 69.) Licensees argue in response that disclosure of a License applicant's name to references breaches the confidentiality required by Section 6111(i) of the UFA, and that Defendants may determine a License applicant's reputation and character without violating confidentiality by searching court dockets to discover any civil or criminal matters brought against the applicant. We agree with Defendants. While a sheriff could determine that an individual falls into some of the categories listed in Section 6109(e) by searching court dockets and criminal records, such a review would not necessarily return information regarding whether an individual is "not of sound mind"; "addicted to or is an unlawful user of marijuana or a stimulant, depressant or narcotic drug"; "habitual drunkard"; or "whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety." 18 Pa.C.S. § 6109(e)(i), (v), (vi), (vii).

The UFA's statutory scheme places sheriffs in the position of both safeguarding License applicants' confidentiality and protecting the public by making an informed determination that an applicant is qualified to receive a License. Sheriffs and the State Police have, in a uniform 322*322 manner throughout the Commonwealth, struck the balance by requiring License applicants to self-verify that they meet the requirements of Section 6109(e) of the UFA and to provide two references that are not members of the applicants' family that can speak to an individual's qualifications.[22] (Application for a Pennsylvania License To Carry Firearms, Compl. Ex. B.) We see no legal infirmity in the balance struck by law enforcement. Section 6109(c) of the UFA requires License applicants to sign a statement on the application form that authorizes "the sheriff, or his designee" to inspect "records or documents relevant to information required for this application." 18 Pa.C.S. § 6109(c). By providing two references and signing the application form, an applicant authorizes the limited disclosure of their name and the fact they are seeking a License to the two persons named as references. Thus, because the disclosure to two references is required in order for sheriffs to conduct an investigation and to make an informed determination regarding a License applicant's qualifications, and disclosure to references is authorized by applicants, we conclude that Licensees have not sufficiently alleged their right to the injunctive relief requested.

Doe v. Franklin County, 139 A. 3d 296 - Pa: Commonwealth Court 2016

[Johannes_Paulsen]

Hello

Latest info that I received is that you DO NOT have to list 'references' on the application. I understand that there was a court case objecting to the references and that the decision was that 'references' should be removed from the application. What I read was that the have not removed that box yet but they do not check references and they do not have to be listed.

Have a source / case name for those court decisions?

[CoalcrackerAl]

Whats the big deal? Do you have something to hide?

[Sparks]

Can't say for all, but most, including Phila, do not contact those references.