Pennsylvania Firearm Owners Association
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  1. #1
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    Default open records ltcf

    Does anyone know if someone can find out if you have an ltcf?

  2. #2
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    Default Re: open records ltcf

    Quote Originally Posted by JUNKMAN JIM View Post
    Does anyone know if someone can find out if you have an ltcf?
    The license to carry database maintained by the PSP is NOT public record.

    I'm not a lawyer, but here's part of the relevant statute.

    18 Pa.C.S. § 6109

    (l) Firearms License Validation System.--
    (1) The Pennsylvania State Police shall establish a nationwide toll- free telephone number, known as the Firearms License Validation System, which shall be operational seven days a week, 24 hours per day, for the purpose of responding to law enforcement inquiries regarding the validity of any Pennsylvania license to carry a firearm.
    (2) Notwithstanding any other law regarding the confidentiality of information, inquiries to the Firearms License Validation System regarding the validity of any Pennsylvania license to carry a firearm may only be made by law enforcement personnel acting within the scope of their official duties.
    (3) Law enforcement personnel outside this Commonwealth shall provide their originating agency identifier number and the license number of the license to carry a firearm which is the subject of the inquiry.
    (4) Responses to inquiries by law enforcement personnel outside this Commonwealth shall be limited to the name of the licensee, the validity of the license and any information which may be provided to a criminal justice agency pursuant to Chapter 91 (relating to criminal history record information).
    The Pennsylvania State Police have, however, begun linking the database to the Pennsylvania Justice Network. Activists are working right now with legislatures to get to the bottom of that, considering legislation never authorized the two systems to be linked.

    So, potentially, if someone has access to JNET they MAY be able to find out if you have an LTCF. Data on the project isn't widely available, at least not yet anyway.

    Furthermore:

    18 Pa.C.S. § 6111

    (g) Penalties.--

    ...

    (3.1) 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.
    Last edited by IronSight; February 22nd, 2011 at 03:39 PM.

  3. #3
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    Default Re: open records ltcf

    Officially it is confidential, and it is a crime to release info. Even though this portion is in the transfer of firearms subsection, it also includes the licensing provisions of 6109.

    18 Pa.C.S. § 6111: Sale or transfer of firearms

    (i) 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 section or 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, 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.
    (j) Exemption.--
    (1) The provisions of subsections (a) and (b) shall not apply to:
    (i) sales between Federal firearms licensees; or
    (ii) the purchase of firearms by a chief law enforcement officer or his designee, for the official use of law enforcement officers.
    (2) For the purposes of this subsection, the term "chief law enforcement officer" shall include the Commissioner of the Pennsylvania State Police, the chief or head of a police department, a county sheriff or any equivalent law enforcement official.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  4. #4
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    Default Re: open records ltcf

    Quote Originally Posted by knight0334 View Post
    Officially it is confidential, and it is a crime to release info. Even though this portion is in the transfer of firearms subsection, it also includes the licensing provisions of 6109.
    Let's keep it that way. Employers and others have used this information to turn away individuals from positions of employment and other activities else where in the country. No good comes from it.
    Quote Originally Posted by headcase View Post
    let them eventually bring the FBI to kill my wife and son over fucking chickens....

  5. #5
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    Default Re: open records ltcf

    Thanks for the heads up. Diddn't think to look at the law and my google fu failed me.

  6. #6
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    Default Re: open records ltcf

    Quote Originally Posted by knight0334 View Post
    Officially it is confidential, and it is a crime to release info. Even though this portion is in the transfer of firearms subsection, it also includes the licensing provisions of 6109.
    And yet somehow, if a LTCF holder commits a crime, the media is sure to report that the person had a "concealed weapons permit".

    How did they find that out?

  7. #7
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    Default Re: open records ltcf

    Quote Originally Posted by anonymouse View Post
    And yet somehow, if a LTCF holder commits a crime, the media is sure to report that the person had a "concealed weapons permit".

    How did they find that out?
    For an arrest outside the home, in most cases it's pretty easy to figure out: was he/she charged with "Firearms not to be carried without a license?"

  8. #8
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    Default Re: open records ltcf

    Quote Originally Posted by donm View Post
    For an arrest outside the home, in most cases it's pretty easy to figure out: was he/she charged with "Firearms not to be carried without a license?"
    Good point. However, sometimes the media reports it as "police said he had a permit".

    http://philadelphia.cbslocal.com/201...work-disputes/

    Hiller is now charged with two counts of murder, one count of attempted murder, and one count of aggravated assault — with more charges likely. Police say she had a permit to carry the gun.
    Press release straight from the Sheriff's office:

    http://forum.pafoa.org/general-2/669...tml#post960974

    PRESS RELEASE:
    MONTGOMERY COUNTY SHERIFF JOHN P. DURANTE REVOKES CONCEALED CARRY PERMIT OF JOSEPH JAMES DEPAUL, JR. AND ENCOURAGES TRAIL USERS TO REPORT ALL INCIDENTS TO POLICE AND NOT TAKE THE LAW INTO THEIR OWN HANDS
    Another one (savcon2)

    http://www.thereporteronline.com/art...mode=fullstory

    http://forum.pafoa.org/concealed-ope...tml#post952618

    Anfuso possessed a permit to carry a firearm at the time of the incident, but it is still illegal for him to bring the weapon on school property, police said.
    Towamencin police said Christopher Anfuso, 40, had a permit to carry a firearm but it was illegal for him to have the gun on school property, police said.
    If I could think of more cases of LTCF holders being arrested, I'm sure I can find more examples.

  9. #9
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    Default Re: open records ltcf

    Cop asks person if they have a LTCF, person answers YES and cop writes it in his report. Reporter looks at cop's report and puts that in his story.

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