What good are laws when even the law-keepers refuse to obey them?
That is the question facing the law abiding citizens of the Commonwealth of Pennsylvania as the State Police are actively breaking the law by having a persons LTCF disclosed to them whenever they pull over a driver. You see, a recent update to the NCIC was done that now couples the information so when they run your drivers license they will also be informed whether you have a license to carry a firearm.
Only one problem…such a move is completely illegal.
8 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 commitsa felony of the third degree.
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.
From the Law Offices of Joshua Prince comes this interpretation:
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.
This my friends is just further proof that the entire notion of requiring a permit or license to exercise your 2nd Amendment rights is in itself an infringement upon those rights. It is no different than a poll tax or any other test or requirement to exercise a God given right. In effect, not only do you have to pay for the right, you now are in some part actively registered as a gun owner and the police seem to have no qualms about breaking the law in order to access that registry.
In short order, because they prove it in situations like these, you cannot trust the government. As such, Constitutional Carry MUST become the law of the land lest we have more abuses to our rights by the abject refusal to follow the law by those meant to uphold it.
Gun control advocates bray on about how the slippery slope doesn’t exist and no one is coming to take our guns. The abuse of the permit system currently taking place in Pennsylvania is a prime example that they are lying.
More than 20% of the states in this country have Constitutional Carry…we need to keep adding to that number, Pennsylvania is a good a place as any.
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