Pennsylvania Firearm Owners Association
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  1. #21
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    Feb 2008
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    Levittown, Pennsylvania
    (Bucks County)
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    Default Re: Philadelphia LTCF Disclosure Class Action Settlement

    Quote Originally Posted by twency View Post
    This is great news!

    Will they also stop illegally requiring the submission of additional application pages?

    This should have been one of the concessions.

  2. #22
    Join Date
    Apr 2007
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    south western PA, Pennsylvania
    (Allegheny County)
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    Default Re: Philadelphia LTCF Disclosure Class Action Settlement

    Quote Originally Posted by SigForLife View Post
    I am proud to announce that the class action lawsuit against the City of Philadelphia in relation to its disclosure of confidential license to carry firearms applicant information on an interactive map in August of 2012 has been settled. This was a collaborative effort between Benjamin R. Picker, Esquire of McCausland Keen & Buckman, Jonathan Goldstein, Esquire of McNelly & Goldstein, LLC, Jon Mirowitz, Esquire, and myself. In settling the matter, in addition to paying $1.425 million and the cost of the class administration, the City has agreed to a number of policy changes, including ensuring that confidential LTCF applicant information will not be disclosed by the City electronically or in-person, not requiring or contacting references for any LTCF applicant, processing LTCF applications within 45 calendar days, refunding $15 of the LTCF application fee to any applicant who is denied, and not confiscating a firearm or LTCF unless an officer has probable cause to believe it is evidence of a crime.

    You can find the Joint Press Release, the Settlement Agreement and other related documents here - http://blog.princelaw.com/2014/07/22...f-information/. As the matter is sealed by Court Order, all documents are redacted and in the name of John Doe.
    A big Thank YOU to all the firearm friendly lawyers that ALL could work together on a common cause to give Philly government a slap on the wrist after ALL the years they have tried to make it as difficult as possible for those people that sought LTCF for self defense

    btw thanks for the courtesy with an advance heads up on the settlement before the official statement was released to press



    http://www.philly.com/philly/news/po...4_million.html

    City settles gun permit suit for $1.4 million



    When city officials pulled the trigger on publicly releasing gun permit appeal information in 2012, they considered it to be a public service.

    Now that data has become a $1.4 million public expense.

    The Nutter administration has settled a class-action lawsuit with 3,265 people who appealed the revocation or denial of a Pennsylvania License to Carry Firearms and had their personal information posted on an interactive city website. The settlement, reached last month, was announced Tuesday.

    The applicants whose personal information was made public and sued, arguing gun permit appeal information is confidential, will be compensated with cash. The settlement also includes various policy changes, including faster processing of License to Carry applications and permit confidentiality training for the Police Department.

    The city, however, admits no fault in the settlement and the document even states that city officials "have denied and continue to deny plaintiff's claims, deny that LTCF information is confidential . . . "

    As part of a new Open Data initiative in 2012, the city Department of Licenses and Inspections posted a database of all gun permit appeals and included the applicants' names, addresses and appeal information.

    After receiving complaints of privacy breach, gun rights and public safety, the city pulled down the information four days later. Two applicants sued on behalf of all applicants whose names had also been listed.

    The 2,188 people whose information was part of the live database on the L&I website will receive about $450 each. The 1,077 people who are part of a separate class in the lawsuit - those whose information was kept in a city database accessible to city employees and contractors but not posted online for the general public - will receive $25 each.

    Thirty percent of the $1.4 million will go to attorneys and other fee.
    Don't feel sorry for Philly footing the bill in the payout for the lawsuit, as they often use tax payer money to directly lobby for gun control laws in HBG at numerous events over many years.

    Political events such as the Committee of the Whole in Sept 2006 when city employees and vehicles were used in support of lobbying in the state capital for gun control. READ MORE HERE
    http://forum.pafoa.org/1278014-post-1103.html
    ~snip~
    The City of Philadelphia and Mayor Street sent to Harrisburg 25
    buses (paid for by taxpayers money) filled with about 1200
    individuals who were given a free trip to and from Harrisburg,
    free breakfast, free lunch, free hats and free shirts. These
    individuals included Philadelphia sanitation workers with a paid
    day off and the notorious Black Panther militant anti-law
    enforcement group

    ~snip~

    they (Philly politicians) often enact clearly illegal ordinances against state laws, that they know will go to court that also cost tax payers to play political games for their personal agenda to wage war against lawful gun ownership in Philly.

    So this is a case of one of the few times it going cost them with a slap on the wrist for their actions against the rule of law.
    Learn how to really SUPPORT the 2nd Amendment cause Go To http://www.foac-pac.org/

  3. #23
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    Mar 2013
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    York Township, Pennsylvania
    (York County)
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    Default Re: Philadelphia LTCF Disclosure Class Action Settlement

    Well done.

    A nice victory for freedom!

    III% - Stand and be counted

  4. #24
    Join Date
    Dec 2012
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    Philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: Philadelphia LTCF Disclosure Class Action Settlement

    Quote Originally Posted by BenFoo View Post
    .....


    While this is a HUGE step forward for Philadelphians in the LTCF dept, it still does not put Philly on equal grounds as any other county. One of the big ones that still irks me is the fingerprinting of LTCF applicants and electronic submission to be run against known databases. We have no idea what happens with these submitted fingerprints. As with everything electronic these days, im sure they just get added to "the database" and stored with your other profiled data.
    Read section III A. Paragraph 13

    In summary if the LTCF is not renewed within 6 years from its issuance or renewal, the City has 30 days to destroy & expunge all documents, including fingerprints, except for the LTCF application form itself.

  5. #25
    Join Date
    May 2006
    Location
    127.0.0.1, Pennsylvania
    (Lancaster County)
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    Default Re: Philadelphia LTCF Disclosure Class Action Settlement

    Quote Originally Posted by Carson View Post
    Read section III A. Paragraph 13

    In summary if the LTCF is not renewed within 6 years from its issuance or renewal, the City has 30 days to destroy & expunge all documents, including fingerprints, except for the LTCF application form itself.
    ...and we should believe that they're abiding by that section, why? It took a class action suit to get them to follow the laws as it is.
    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.

  6. #26
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    Apr 2013
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    "The Country", Pennsylvania
    (Chester County)
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    Default Re: Philadelphia LTCF Disclosure Class Action Settlement

    Quote Originally Posted by streaker69 View Post
    ...and we should believe that they're abiding by that section, why? It took a class action suit to get them to follow the laws as it is.
    Exactly (see the excerpt below from the article White Feather posted)

    The city, however, admits no fault in the settlement and the document even states that city officials "have denied and continue to deny plaintiff's claims, deny that LTCF information is confidential . . . "

  7. #27
    Join Date
    Apr 2011
    Location
    Wellsboro, Pennsylvania
    (Tioga County)
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    Default Re: Philadelphia LTCF Disclosure Class Action Settlement

    Quote Originally Posted by streaker69 View Post
    I'm confused. References are part of the application as proscribed by the PSP, so how is it that they can not be required?
    It may be the elimination of these pages required in Philly in addition to the standard application. Two are required.

    MikeP

  8. #28
    Join Date
    Dec 2012
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    Philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: Philadelphia LTCF Disclosure Class Action Settlement

    Quote Originally Posted by streaker69 View Post
    ...and we should believe that they're abiding by that section, why? It took a class action suit to get them to follow the laws as it is.
    I was just showing BenFoo where some of his concerns were addressed in the settlement. You can believe whatever you want to believe.

  9. #29
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    Jul 2009
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    Dauphin County, Pennsylvania
    (Dauphin County)
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    Default Re: Philadelphia LTCF Disclosure Class Action Settlement

    I really hope this settlement helps the Perry County Sheriff in his fight to keep the records.

    http://forum.pafoa.org/pennsylvania-...ds-page-7.html

  10. #30
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    Default Re: Philadelphia LTCF Disclosure Class Action Settlement

    Well done sir, thank you.

    Now if the PSP would get the Fing message and get rid of the references portion altogether, along with the *occupation* section, we'd have something. I've been arguing this now for 2 years, that the law does not require an applicant to either know the names and telephone numbers of two persons who own and operate telephones, nor to have a job, yet those sections cannot be left blank and sheriffs routinely do not accept applications that do not have those portions filled out correctly and honestly. The obvious overreach of Philadelphia in their additional references worksheets only outlines the ridiculousness of having references. Would I refer persons who would say anything other than that I'm awesome?

    It's obvious the requirement of the applicants to provide references violates the privacy portion of the statute. Of course the sheriff can get around the privacy portion by calling your references and asking them character references without actually stating that this is for a LTCF, but how does that make any sense? If the sheriff called your employer (which you are required to divulge on the application) and started asking your boss about you, would your boss be a little curious as to why? What if you worked for Bloomberg? You think you'd have a tough time at work for the rest of your career?

    The system should revert to the PICS check. If you can pass the PICS to BUY the firearm you intend to carry, then I don't understand why additional bureaucracy is required. Fill out photo card, they call PICS, you pass, they print you LTCF, back out before a quarter's worth of time runs out on the meter.

    Again thanks for this hard work, and well done!

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