PA Bill Number: HB1509
Title: Amending Titles 42 (Judiciary and Judicial Procedure) and Title
Description: An Act amending Titles 42 (Judiciary and Judicial Procedure) and Title
Last Action: Act No. 114 of 2024
Last Action Date: Oct 29, 2024
Prince Law: PSP Illegally Disclosing LTCF Information Through NCIC :: 10/02/2016
Over the past couple days, I have received several reports, one from a 911 dispatcher, that approximately 3 days ago, an update was completed to the NCIC system, whereby when an officer in Pennsylvania runs an individual’s driver’s license, if the individual has a license to carry firearms (LTCF), the information relating to the individual’s LTCF is disclosed to the officer and everyone in the call center. This is in violation of the law.
18 Pa.C.S. § 6111(g)(3.1) provides:
Any person, licensed dealer, licensed manufacturer or licensed importer who knowingly and intentionally obtains or furnishes information collected or maintained pursuant to section 6109 [LTCF firearms information] for any purpose other than compliance with this chapter or who knowingly or intentionally disseminates, publishes or otherwise makes available such information to any person other than the subject of the information commits a felony of the third degree. (Emphasis added)
Further, 18 Pa.C.S. § 6111(i) provides, in pertinent part:
All information provided by the … applicant, including, but not limited to, the … applicant’s name or identity, furnished by … 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.
While there has always been an offline database that an officer could query if he/she had reasonable suspicion of a crime relating to the carrying of a firearm or the validity of a LTCF, there is no legal basis for disclosure of confidential LTCF information relative to a driving infraction or merely running one’s driver’s license. Furthermore, even if there was, it is illegal to disclose this information to individuals other than a law enforcement officer acting in the scope of his/her duties. As I understand the new system, it is being relayed to emergency responders, which may even include tow truck drivers that are part of the system.
If you have more information on this new system, please let us know. We will continue to keep our viewers apprised as we learn more.
If you confidential LTCF information has been disclosed, contact us today to discuss your options!
https://blog.princelaw.com/2016/10/01/psp-illegally-disclosing-ltcf-information-through-ncic/
