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Thread: Illegal reference check?
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December 12th, 2019, 12:56 PM #11
Re: Illegal reference check?
A number of violations with that application, especially when they are imposing criteria beyond that which found in the statue and PSP form, and when Section 6109(c) is explicit that only the PSP can promulgate the form for an LTCF and only that form needs to be submitted. Are they sending any of the information un-enveloped (i.e. postcards)?
Joshua Prince, Esq. - Firearms Industry Consulting Group - www.PaFirearmsLawyer.com
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December 12th, 2019, 01:35 PM #12
Re: Illegal reference check?
Yes. Please see SigforLife's questions. You know, because you spoke his name, and like bettlejuice he appeared.
And he absolutely should make waves. What happened is a big deal.
https://www.legis.state.pa.us/WU01/L...1.011.000..HTM
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.
The courts have ruled just having a sign in sheet where people can see it, or calling out a persons name where others can hear it violates the law.
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In addition, I would make a strong argument that a case for official oppression under color of law, and a federal civil rights claim exists, has his actions are illegal, but he is using his position of authority to suppress people's willingness to exercise a fundamental right. You don't tolerate things like this. You slap it down hard, and make sure you burn their hand, that way they don't think they can get away with more."Cives Arma Ferant"
"I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001
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December 12th, 2019, 06:21 PM #13
Re: Illegal reference check?
The requirement of the additional forms violates PA law.
The sheriff contacting references is legal as a part of his/her investigation to an applicants character, however the sheriff should not disclose why he/she is questioning the reference person about the applicant. ...however, the fact that you list them may absolve the sheriff of that non-disclosure aspect - could be construed to be consent on the part of the applicant.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!
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December 12th, 2019, 06:54 PM #14Junior Member
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December 12th, 2019, 09:17 PM #15
Re: Illegal reference check?
I think there may be some changes next week or soon thereafter with the Pike Co Sheriff application process, but only time will tell
Joshua Prince, Esq. - Firearms Industry Consulting Group - www.PaFirearmsLawyer.com
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December 12th, 2019, 09:18 PM #16
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December 13th, 2019, 04:24 AM #17Junior Member
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Re: Illegal reference check?
He's just happy to be in PA. He just wants to get his LTCF. I don't want to cause him any issues by not filling out the form. So I will.
Me on the other hand, I'm thankful to live in the county that's home to the best Sheriff and best gun rights lawyer in the commonwealth. I'm pissed and absolutely willing to make waves
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December 13th, 2019, 04:35 AM #18Junior Member
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December 13th, 2019, 05:09 AM #19
Re: Illegal reference check?
How can you have any cookies if you don't drink your milk?
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December 13th, 2019, 05:14 AM #20
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