Other lawful purpose case in Drexel Hill?

[gnbrotz]

"He has a nice case against Chitwood..."
Yeah. Because that's what's important in this fiasco.

So the commission of felonies by LE is less important than the potential commission of misdemeanors by an average joe?

[bogey1]

"He has a nice case against Chitwood..."
Yeah. Because that's what's important in this fiasco.

Chitwood is a dick. All he wants is his face plastered on the front page of the daily crimes.
And he will not sign off on NFA.

[mpan72]

My guess is he went into the bathroom, took out a loaded weapon, dropped the mag, and racked the slide and the round went flying and he did not see where it went and looked all over the floor. Put it all in his bag and left. The ejected round was hiding in the sink.

I was thinking that, or the bag he was carrying doubled as his range bag and a loose round found it way out of the bag. How the round got in the sink would influence my opinion of the guy.

[CB57]

I thought in that Bally thread we learned that the "other lawful purpose" has pretty much gone down the toilet?

[tl_3237]

I thought in that Bally thread we learned that the "other lawful purpose" has pretty much gone down the toilet?

Recent Superior Court decision decision that supports "other lawful purpose"

COMMONWEALTH OF PENNSYLVANIA
v.
ANDREW JOSIAH GOSLIN, Appellant.
February 16, 2017.

[GunLawyer001]

So the commission of felonies by LE is less important than the potential commission of misdemeanors by an average joe?

The details matter, and we don't get reliable facts from the media. Too soon to rush to judgment, even when it's a cop.

There's a logical exception in the statutes for disclosures necessary to carry out the purposes of the UFA. One purpose of the UFA is to prosecute those without LTCFs (in circumstances where one is required), and to not prosecute those with them. To the extent relevant to any criminal case, disclosures are inevitable and lawful, if the disclosure is related to the averments in pleadings by police and the DA, or is subsequent to the court filings. It's not an unlawful disclosure to repeat something mentioned in open court or in papers available to anyone with 50 cents a page for copying costs.

That being said, if the issuing authority discloses frivolously, that's illegal.

"Jordan, who was an employee with Staffing Plus of Haverford, has a concealed-carry weapons permit and an Act 235 permit, which is issued to security guards by state police, Chitwood said."

Chitwood is not the issuing authority, the Delaware County Sheriff is. Did Chitwood find out this info in the context of a bona fide criminal investigation? Probably. Did he first publish it without justification? Maybe. There are multiple provisions covering this; for example:

"(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) Any person, licensed dealer, licensed manufacturer or licensed importer who knowingly and intentionally requests a criminal history, juvenile delinquency or mental health record check or other confidential information from the Pennsylvania State Police under this chapter for any purpose other than compliance with this chapter or knowingly and intentionally disseminates any criminal history, juvenile delinquency or mental health record or other confidential information to any person other than the subject of the information commits a felony of the third degree."

One problem; read strictly, the Commonwealth would be unable to show that a defendant has an LTCF in any court case. So there must be some scope of authorized disclosure to some 3rd parties, like judges and opposing counsel and other "law enforcement personnel", and anything that shows up in a police complaint (for example, "we didn't charge him with unlawful concealed carry because he has an LTCF") ceases to be confidential once it's a public record, just like a legal client loses confidentiality if he talks to his lawyer in the presence of random people.

Chitwood is not a friend of liberty or gun owners, he's got a bunker mentality, and in that area, maybe he should, but more selectively. It's too soon to say that he committed a felony, without knowing the details. Maybe yes, maybe no.

[ScottDLS]

Chitwood is a dick. All he wants is his face plastered on the front page of the daily crimes.
And he will not sign off on NFA.

I recommend buying a Machine Gun, if you can afford one. There is no CLEO sign off for NFA any more. Only notification...

[Sgt.K]

I recommend buying a Machine Gun, if you can afford one. There is no CLEO sign off for NFA any more. Only notification...

Price tag, brother. Puts me out of consideration. Every. Single. Time.

While Chitwood's record as a cop is impressive, I've never been a fan of his. Heard a news blurb on the radio after someone had been taken into custody for something, with him (very distinctive voice) saying "he had 9 handguns registered to him". Now I'm *really* not a fan...

[bogey1]

The cheapest MG is around 5k

[PAMedic=F|A=]

http://www.philly.com/philly/news/crime/Cops-Man-brought-loaded-gun-clips-to-Drexel-Hill-Middle-School.html

LTCF holder and Act 235 qualified according to the article. If it's true that he left a round in a sink and lied about having the firearm, it won't help his case but no case is perfect.

An adult aide to a special-needs student at Drexel Hill Middle School took a loaded gun and two clips to the school Wednesday, said Upper Darby Police Superintendent Michael Chitwood.

Domonique Jordan, 32, of the 10000 block of Chelten Avenue in Philadelphia's West Oak Lane section, has been charged with possession of a firearm on school property, Chitwood said.


Camera icon UPPER DARBY POLICE / Handout
Domonique Jordan.
Jordan, who was an employee with Staffing Plus of Haverford, has a concealed-carry weapons permit and an Act 235 permit, which is issued to security guards by state police, Chitwood said.

On Wednesday afternoon, a staffer at Drexel Hill Middle School on the 3000 block of State Road found a bullet on a sink in an employee bathroom. The bullet was taken to the school's assistant principal, who called police.

Chitwood said two uniformed officers were in the school's office when Jordan entered, walked up to them, and asked: "Is this about my bullet?"

Jordan told police he did not have a gun, but when the officers searched the bag he was carrying, they found a .40-caliber Glock with 17 live rounds in the clip and two additional clips with 12 rounds each, Chitwood said.

"This guy was hired to take care of a special-needs student, but he was ready for war," Chitwood said.

Police are still investigating why Jordan had the gun and ammunition, and why he left a bullet in the bathroom, Chitwood said.

In a statement, Staffing Plus said Jordan was placed as an aide at the school on March 1. He passed all necessary background checks and had no criminal record, the agency said. He is no longer employed by the company, according to the statement.