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January 26th, 2017, 12:09 PM #1Junior Member
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License to Carry a Firearm - Confidentiality
I am hoping someone can help educate me on the confidentiality surrounding LTCF holders in Pennsylvania.
As I understand it, there are laws protecting the confidentiality of LTCF holders in our Commonwealth and as well as setting up penalties and damages for those breaking that confidentiality.
I understand there is a verification system in place for law enforcement to verify the validity of a persons's permit.
I recently did some work on a military base, and was asked if I was carrying during my security clearance process. So I understand the military also has access electronically to a database of LTCF holders.
I would like to know if the public has means to search if a person has a LTCF in Pennsylvania. I could not find a method, which is good. Some people have said that permits are a matter of public record, but you would need to request the information from a county courthouse. Would anyone shed some light on this for me? I would appreciate some references if you have them.
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January 26th, 2017, 12:45 PM #2
Re: License to Carry a Firearm - Confidentiality
There is nothing authorizing disclosure to the military, as they do not constitute a law enforcement officer, per 18 Pa.C.S. 6102 ("“Law enforcement officer.” —Any person employed by any police department or organization of the Commonwealth or political subdivision thereof who is empowered to effect an arrest with or without warrant and who is authorized to carry a firearm in the performance of that person’s duties")
First, 18 Pa.C.S. 6111(g)(3.1) provides: 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.
Then, 18 Pa.C.S. 6111(i) provides: 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.
Lastly, the extremely limited exception from the above, is found in 18 Pa.C.S. 6109(l)(2) and (4), - (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....(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).Joshua Prince, Esq. - Firearms Industry Consulting Group - www.PaFirearmsLawyer.com
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January 26th, 2017, 12:55 PM #3
Re: License to Carry a Firearm - Confidentiality
LTCF permit info is not public record. As you may or may not know Sheriffs have been sued because renewal notices were sent in a manner that made it obvious that the addressee has a LTCF and not in a plain brown wrapper like porn or incontinence supplies.
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January 26th, 2017, 03:29 PM #4
Re: License to Carry a Firearm - Confidentiality
I've gone through various types of security measures with all branches, at bases in multiple states (work related). I've been asked if I'm carrying a weapon as well, but it's never been, 'we know you have an LTCF, are you carrying today"? I find it's usually just a general question to avoid problems before you access certain areas.
Was your permit directly referenced?Resistance to tyrants is obedience to God.
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January 27th, 2017, 04:12 PM #5Junior Member
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Re: License to Carry a Firearm - Confidentiality
I have also worked on numerous bases before. I was getting a temporary access as my regular access had expired a couple days previous. The receptionist asked me if I had my concealed pistol on my person. It was not a general weapons question. I asked her, "oh, you can tell that I have a permit?" She said yes, she could. This is what led me to believe that she was able to electronically access that information as well. I know she was running a criminal background check for the temporary access, I just did not know she could access a LTCF database.
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January 27th, 2017, 04:48 PM #6
Re: License to Carry a Firearm - Confidentiality
Never underestimate what the military can or cannot do if the need arises. "Legal" can be, in any number of cases, a mere technicality.
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January 27th, 2017, 05:56 PM #7
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March 10th, 2017, 10:52 AM #8
Re: License to Carry a Firearm - Confidentiality
New bill related to this thread. Nothing to do with military bases, but police in non-reciprocal states:
Introduced by Metcalfe....
http://www.legis.state.pa.us/cfdocs/...br=775&pn=0852Help us restore election integrity in PA. Join PA Voters United
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March 10th, 2017, 11:38 AM #9Grand Member
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Re: License to Carry a Firearm - Confidentiality
How would that work with states that have no agreement but legislatively allow out of state permits?
Technically no reciprocal agreement, but allows LTCF holders to carry. There are quite a few that fall into that category. Wouldn't think it would go over well if they were blocked from checking status of a LTCF.
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March 10th, 2017, 11:41 AM #10Member
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Pennsylvania
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Re: License to Carry a Firearm - Confidentiality
Being asked if you're carrying doesn't mean that the person asking had any knowledge of your LTCF status. Could have just been an open-ended fishing question. That being said, Army CID, NCIS, AFOSI, etc ARE Law Enforcement Agencies and as such, would have access to LTCF information. Whether or not you were being investigated by one of those agencies wasn't clear from your initial post.
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