Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Oct 2006
    Location
    Cherry Tree, Pennsylvania
    (Indiana County)
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    Default LTCF Application Confidentiality

    Those of us who have been here a while know full well that LTCF application information is confidential in nature (Section 6111(i) of the Uniform Firearms Act).

    Well, a Northampton County Deputy Sheriff is being prosecuted because he divulged such info.

    http://www.mcall.com/news/breaking/m...,5664404.story

    A Northampton County deputy sheriff was charged Thursday with illegally providing a confidential firearms permit application to a West Easton councilwoman, a leak that has captured widespread attention in the local blogosphere.
    Does this site count as "the local blogosphere?"

  2. #2
    Join Date
    Oct 2006
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    Cherry Tree, Pennsylvania
    (Indiana County)
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    Default Re: LTCF Application Confidentiality

    Quote Originally Posted by nolanrenegade View Post
    I'll be very surprised if the deputy is actually charged with a felony.
    Be surprised, be very surprised.

    Here's the docket sheet: http://ujsportal.pacourts.us/DocketS...R-0000122-2013

    My guess is that the charge will be downgraded to something insignificant
    We will see.

    he'll be reinstated with back pay and things will get back to normal.
    I'm sure Sheriff Miller has taken action to preclude such things like that happening again.

    I wonder though how many times this info is compromised and the applicant never knows about it?
    Any time a sheriff's office calls a reference or employer and tells them why they're calling, it's a violation. Every single Reference Information Form required by Philadelphia is a violation.

    Shouldn't the council woman also be charged with illegal dissemination of the info?
    It wasn't illegal for her to receive the information; it was illegal for the deputy to give it to her. If she further disseminated the information, a case might be made against her, too.

  3. #3
    Join Date
    May 2006
    Location
    127.0.0.1, Pennsylvania
    (Lancaster County)
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    Default Re: LTCF Application Confidentiality

    This was not about checking references, this was political cronyism at it's finest. They wanted to use that information against the person that they didn't like.
    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

  4. #4
    Join Date
    Jan 2009
    Location
    New Castle County, Delaware
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    Default Re: LTCF Application Confidentiality

    Quote Originally Posted by Statkowski View Post
    ... Any time a sheriff's office calls a reference or employer and tells them why they're calling, it's a violation. Every single Reference Information Form required by Philadelphia is a violation. ....
    Should you be using someone as a reference for your LTCF without first asking their permission?

    IMHO, when the deputy calls, the reference should already know what's going on.
    IANAL. I don't give legal advice. I'm only stating my OPINION.
    (Did I really need to say that on an Internet forum? LOL)

  5. #5
    Join Date
    Dec 2012
    Location
    Mechanicsburg, Pennsylvania
    (Cumberland County)
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    37
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    Default Re: LTCF Application Confidentiality

    Quote Originally Posted by Boots_DE View Post
    Should you be using someone as a reference for your LTCF without first asking their permission?

    IMHO, when the deputy calls, the reference should already know what's going on.
    I don't understand why you wouldn't tell the person you put them as a reference. After all you want them to say nice things about you. It would only be nice if you told them what it is about and they could be getting a call in the future about you.

  6. #6
    Join Date
    Feb 2013
    Location
    Ercildoun, Pennsylvania
    (Chester County)
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    Default Re: LTCF Application Confidentiality

    It wasn't illegal for her to receive the information; it was illegal for the deputy to give it to her.
    Well, if it's illegal to steal the information. It's illegal for someone to receive information gained illegally. That's the purpose of the law, to keep people from gaining information that are they are not authorized to have. That's like saying a jewel thief stole someone's Ruby ring but he sold it to a fence and the fence got caught with it. The ring was stolen and the thief was caught and charged with theft and the fence is charged with receiving stolen goods.

    Information that is protected by law is just that, protected and anyone using illegally obtained information whether it is for political or monetary gain still posses the illegally obtained information. They should be prosecuted to fullest extent of the law.
    Corruption is the default behavior of government officials. JPC

  7. #7
    Join Date
    Nov 2009
    Location
    Drexel Hill, Pennsylvania
    (Delaware County)
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    Default Re: LTCF Application Confidentiality

    Quote Originally Posted by JenniferG View Post
    Well, if it's illegal to steal the information. It's illegal for someone to receive information gained illegally. That's the purpose of the law, to keep people from gaining information that are they are not authorized to have. That's like saying a jewel thief stole someone's Ruby ring but he sold it to a fence and the fence got caught with it. The ring was stolen and the thief was caught and charged with theft and the fence is charged with receiving stolen goods.

    Information that is protected by law is just that, protected and anyone using illegally obtained information whether it is for political or monetary gain still posses the illegally obtained information. They should be prosecuted to fullest extent of the law.
    Information is different than physical property.. For one thing, their is no way to actually take information back (Other than a "Men in Black" memory nuralizer(sp))..

    Generally speaking, the New York Times Co. v. United States (The Pentagon Papers case) prevents prosecution (assuming no prior conspiracy between the thief and the recipient to steal the information) of people for merely receiving information if their wasn't a preexisting legal relationship..

    Most recent example, PVT Bradley Manning had signed a "non-disclosure agreement" with the U.S. Gov't which made him criminally liable for unauthorized disclosure of classified info. Wikileaks, however, did not sign an NDA and therefore wasn't bound by that law. Therefore PVT Manning gets to go to jail, but Wikileaks is free to publish anything they were sent.

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