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Philadelphia Settles in Class Action Lawsuit (good for us)
#1
http://blog.princelaw.com/2014/07/22/set...formation/

< " As a result of the Settlement, the City will pay $1.425 million to the class and will be separately responsible for the costs of administering the settlement. Further, and of similar importance, the City has agreed to a number of policy changes, which can be found starting on page 11 of the Settlement Agreement, including:

1. Not to disclose LTCF applicant information either electronically or in-person;

2. Annual training of the Philadelphia Police Department and Philadelphia License and Inspection Board of Review on the confidentiality of LTCF applicant information;

3. Customer service training for the Philadelphia Gun Permit Unit;

4. Posting a copy of the LTCF Application Notice on its website and where LTCF applications and appeals can be submitted or obtained, as well as, providing a copy to anyone who has his/her LTCF denied or revoked;

5. The City will not required references on the LTCF application and will not contact any references listed on the LTCF application;

6. The City will not require lawful immigrants or US Citizens with a US Passport to provide naturalization papers;

7. The City will not require any applicant to disclose whether he/she owns a firearm during the LTCF application process;

8. The City will not deny an application because the applicant answered “no” to any question regarding whether the applicant had been charged/convicted of any crime where the applicant received a pardon or expungement from the charge or conviction;

9. The City will process all LTCF applications within 45 calendar days;

10. The City will remit $15.00 to any applicant who is denied within 20 days;

11. The City will not require LTCF applicants or holders to disclose to law enforcement that they have an LTCF, that they are carrying a firearm or that they have a firearm in the vehicle; and

12. The City will not confiscate an LTCF or firearm, unless there is probable cause that the LTCF or firearm is evidence of a crime. In the event an LTCF or firearm is confiscated, the officer must immediately provide a property receipt, which shall include the pertinent information.">
Unbanned since September 2012.
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#2
Wow, that's quite a win. Congratulations!

Justin
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#3
5. The city will not require references...??? Huh

I haz a confusion. Am I to understand that is not a valid part of the application?
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

William Pitt
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#4
#winning
[Image: pa_zps59e4c512.png?t=1379682235]
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#5
Huge... monstrous.. good job!
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#6
Curmudgeon;149891 Wrote:5. The city will not require references...??? Huh

I haz a confusion. Am I to understand that is not a valid part of the application?

From the LTCF Application Notice:
Quote:1. References: References are no longer necessary, as this would violate the confidentiality provision specified above. Even if you nonetheless decide to provide references, they will not be contacted.

This is an interesting precedent. But since it is a settlement rather than a ruling, I doubt it has more than an "advisory" impact on any other county.
-JD-, proud to be a member of pa2a.org since Sep 2012.
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#7
-JD-;149895 Wrote:
Curmudgeon;149891 Wrote:5. The city will not require references...??? Huh

I haz a confusion. Am I to understand that is not a valid part of the application?

From the LTCF Application Notice:
Quote:1. References: References are no longer necessary, as this would violate the confidentiality provision specified above. Even if you nonetheless decide to provide references, they will not be contacted.

This is an interesting precedent. But since it is a settlement rather than a ruling, I doubt it has more than an "advisory" impact on any other county.

I understand, but my thinking is that, if this can simply be litigated away in civil court in one jurisdiction, I would think it could also be litigated away everywhere in PA. I guess it's just something I never considered, that's all. I was never happy with the reference aspect, although in my initial app and in my renewal my references were never contacted, the privacy issue is obviously there. The whole background check makes the reference aspect overkill and rather kinda stupid anyway, IMHO.
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

William Pitt
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#8
Curmudgeon;149903 Wrote:
-JD-;149895 Wrote:From the LTCF Application Notice:

This is an interesting precedent. But since it is a settlement rather than a ruling, I doubt it has more than an "advisory" impact on any other county.

I understand, but my thinking is that, if this can simply be litigated away in civil court in one jurisdiction, I would think it could also be litigated away everywhere in PA. I guess it's just something I never considered, that's all. I was never happy with the reference aspect, although in my initial app and in my renewal my references were never contacted, the privacy issue is obviously there. The whole background check makes the reference aspect overkill and rather kinda stupid anyway, IMHO.

The background check handles any hard/objective disqualifiers. Since the Character & Reputation standard applies as well, references could arguably be a way to further investigate someone who may have a "concerning" but not directly-disqualifying background; In their absence I would imagine a sheriff would be somewhat more inclined to simply (and therefore defensibly) deny an application and force an appeal (I'm sure some would just deny anyway).

IIRC Philly has been known to contact the references quite liberally {punitively?} and reveal that it was an LTCF application, so the on-the-ground aspect has been quite different than most other counties.

As long as C&R exists in the issuance process the conflict between investigation and divulging application status in marginal cases is likely to exist.
-JD-, proud to be a member of pa2a.org since Sep 2012.
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#9
Yep, and I guess there was the privacy violation. I dunno, who would list questionable references? You know, putting references on a job app are because they *can't* do a BG check.

The C/R clause isn't there because my neighbor or coworkers don't like me, it is supposed to be backed up by something far more substantial, like, i dunno, a long history or trouble-making and police interaction but no conviction or something to that effect.

If I have no record, and the Sheriff calls around to a couple local township police departments and they've never heard of me, what is he going to learn from my cherry-picked BFFs?

And I agree about the whole C/R clause, but then I also agree with Kim Stolfer's rebuttal to Brian Lentz (several years ago, Upper Darby) in response to overall compromise. Shred the POS generally known as the PA UFA and craft something that makes sense from the beginning, as opposed to this cobbled and re-cobbled hellish mess we have now.
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

William Pitt
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#10
This looks like a resounding win for firearms rights and another smack in the face to Philadelphia. Especially interesting are the terms of the settlement - one of which being that Philadelphia will not require that references be listed on the application form.

http://blog.princelaw.com/2014/07/22/set...formation/

Now I'm wondering whether that particular agreement could be the wedge to changing the reference requirement state-wide.
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