It was announced today that the Pennsylvania State Police will no longer require references or employer information for a License to Carry Firearms (LTCF); instead specifying those fields as “optional” on the new form. I have long contended that requiring references (or employer information) on the application is a violation of the confidentiality provisions of 18 Pa.C.S. 6111(g)(3.1) and (i), as merely calling the reference or employer, even without disclosing that the applicant has applied for an LTCF, is a violation of the statutory protections, as the caller would be disclosing the “name” and “identity” of the individual, as a result of the application. This issue was addressed in our Class Action against the City of Philadelphia, which resulted in the City of Philadelphia agreeing not to require references and numerous sheriffs electing not to require references. Thereafter, the Commonwealth Court in John Doe, et al. v. Franklin County, et al., 139 A.3d 296, 322 (Pa. Cmwlth. 2016), acknowledged that “Section 6109(c) requires License applicants to self-verify that they are qualified to receive a License, but it does not require the taking of references.”
Since then, Firearm Owners Against Crime and the Pennsylvania Sheriffs’ Association have fought to have the reference and employer information removed from the application. The Pennsylvania State Police has now quasi-acquiesced by making those fields “optional” on the new form. However, applicants need to be aware that if you elect to provide reference and/or employer information, you may be consenting to the disclosure of your confidential information. Thus, you should never provide this optional information.
Please join me in thanking the PA Sheriffs’ Association and Firearm Owners Against Crime for their assistance in this extremely important matter and remember that both organizations rely on generous donations to continue their ardent defense of our rights.
If your confidential license to carry firearms information has been disclosed, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.
Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon. I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with: - License to Carry Firearms Denials; - Challenges to Erroneous PICS Denials; - Relief from Firearms Disabilities; - Estate Planning Advice; - Gun/NFA Trusts; and - 42 USC 1983 Actions for Deprivation of Civil Rights At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding: - ATF Compliance Inspections; - Warning Letters and Hearings; - FFL Revocations; - Corporate Structure Advice - Indoor/Outdoor Range Implementation; and - Forfeiture Proceedings In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI). While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2. You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth. Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL). View all posts by Joshua Prince, Esq.
Even when you move to a different county in Pennsylvania some of the sheriffs require the reference must come from with in their county. If your new to the county your moving to and don’t know anyone from there technically you wouldn’t qualify. Like Liked by 1 person