Pennsylvania Firearm Owners Association
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  1. #11
    Join Date
    May 2013
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    Nazareth, Pennsylvania
    (Northampton County)
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    Default Re: Northampton County Deciding Whether to Call References on License to Carry Firear

    First post so hello everyone! Anyway, I know for a fact they've already started contacting ref's and employers. I submitted my app on April 3rd, refs and employment verified on the 15th, very quick, simple questions to the ref's. I'm ok with it however I have not yet received the license or any other kind of notification/letter. It's my first and I don't even own a firearm yet so I'm pretty patient. Great forum by the way!

  2. #12
    Join Date
    May 2013
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    Bethlehem, Pennsylvania
    (Northampton County)
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    Default Re: Northampton County Deciding Whether to Call References on License to Carry Firear

    Quote Originally Posted by yeager484 View Post
    Thought it's illegal for them to say why they're calling.
    I think they can say "is msarro addicted to drugs? violent?"
    So according to Prince, the way the law is worded, the application itself is protected. The sheer act of calling someone from a protected application is illegal because your motivation for calling them is based on a protected document. And apparently there is a body of case law in PA which agrees with him, so who knows.

    Either way, I gave my references a heads up that they may get calls - if the order was given (even if it's a questionable one) it can take awhile for calls to stop. One of those things like turning a big ship - it takes a little while to turn.

  3. #13
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
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    Default Re: Northampton County Deciding Whether to Call References on License to Carry Firear

    Quote Originally Posted by msarro View Post
    So according to Prince, the way the law is worded, the application itself is protected. The sheer act of calling someone from a protected application is illegal because your motivation for calling them is based on a protected document. And apparently there is a body of case law in PA which agrees with him, so who knows.

    . . . .
    The UFA requires the issuing authority to conduct an investigation, that means that talking to your references is arguably for compliance with the UFA. So a key element of the offense is absent.

    (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.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

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