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Old 07-25-2014, 11:57 AM
Arik Arik is offline
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Settlement in Philadelphia Class Action Lawsuit Regarding Disclosure of Confidential LTCF Information | Prince Law Offices, P.C.

Settlement in Philadelphia Class Action Lawsuit Regarding Disclosure of Confidential LTCF Information
Posted by Joshua Prince, Esq.
I am proud to announce that a settlement has been reached with the City of Philadelphia in the matter of John Doe, et al., v. City of Philadelphia, et al, Philadelphia Court of Common Pleas docket no. 121203785, stemming from the City’s posting and disclosing of what we alleged was confidential license to carry firearms (LTCF) information. You can download a copy of the Press Release - here. 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.

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:

Not to disclose LTCF applicant information either electronically or in-person;
Annual training of the Philadelphia Police Department and Philadelphia License and Inspection Board of Review on the confidentiality of LTCF applicant information;
Customer service training for the Philadelphia Gun Permit Unit;
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;
The City will not require references on the LTCF application and will not contact any references listed on the LTCF application;
The City will not require lawful immigrants or US Citizens with a US Passport to provide naturalization papers;
The City will not require any applicant to disclose whether he/she owns a firearm during the LTCF application process;
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;
The City will process all LTCF applications within 45 calendar days;
The City will remit $15.00 to any applicant who is denied within 20 days;
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
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
A copy of the signed and filed Settlement Agreement can be downloaded – here. Philadelphia Court of Common Pleas Judge Jacqueline Allen has signed an Order preliminarily approving the terms of settlement, which you can download – here. A copy of the Second Amended Complaint can be downloaded – here
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Old 07-25-2014, 12:23 PM
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Sounds pretty reasonable to me.

I would prefer to see that $1.425 million paid by those officials whose conduct made this action necessary, rather than by the taxpayers. But that's probably wishing for too much; government officials being held accountable and all.
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Old 07-25-2014, 12:24 PM
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Nice, that's a huge kick in the balls to the filthydelphia city govt and PD.
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Old 07-25-2014, 12:37 PM
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Sounds pretty reasonable to me.
It's is...finally. before it was just a headache. You'd have to go to center city, which you still do however, now they can't hold you up for 6 months or flat out deny in hopes that it would be too much of a hassle to drive back and appeal.
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Old 07-27-2014, 12:02 PM
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Ok, but we still cant carry conceal philly ? Only open with permit?
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Old 07-27-2014, 12:30 PM
Alpha Sierra Alpha Sierra is offline
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Ok, but we still cant carry conceal philly ? Only open with permit?
Where did you hear that?

PA has statewide pre-emption. Philly's rules are invalid.
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Old 07-27-2014, 12:35 PM
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Where did you hear that?



PA has statewide pre-emption. Philly's rules are invalid.

And where did you hear that? There are plenty of info out there. You need a ccw to open carry in philly. No conceal in philly. Has this court case changed that?
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Old 07-27-2014, 12:41 PM
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Alpha Sierra, you could be correct but good luck telling a philly *** what the law is.
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Old 07-27-2014, 12:56 PM
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According to two PA lawyers, one state senator, and one state representative, that I had the good fortune to meet about 10 days ago, Yes, if you are licensed to carry, you can legally carry concealed in Philadelphia.

Years ago, Philadelphia was a problem.

FYI: The session was presented by two lawyers that specialize in gun laws. They are also NRA pistol instructors. The session was on PA gun laws, and sponsored by Rep. Toolhil.

A very well spent two hours!
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Old 07-27-2014, 01:09 PM
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That is nice to know, i only go there about once a year. So i dont care that much. Its just the change of laws and rumors are hard to keep up with
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Old 07-27-2014, 01:22 PM
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You need a permit to carry. It's a PA permit not a Philadelphia permit. I've always carried concealed in Philly and so have my friends who have Philadelphia issued PA conceal carry permits
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Old 07-27-2014, 02:05 PM
5BeansintheWheel 5BeansintheWheel is offline
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Quote:
Originally Posted by Arik View Post
You need a permit to carry. It's a PA permit not a Philadelphia permit. I've always carried concealed in Philly and so have my friends who have Philadelphia issued PA conceal carry permits
It is a License To Carry Firearms (LTCF), not a conceal carry permit. Said LTCF allows you to carry concealed, open carry in a vehicle and a city of first class.



Patrick
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Old 07-27-2014, 02:11 PM
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Ok LTCF. Or the government issued paper with my name and address which is laminated and gives me permission to carry gun
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Old 07-27-2014, 02:20 PM
5BeansintheWheel 5BeansintheWheel is offline
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Ok LTCF. Or the government issued paper with my name and address which is laminated and gives me permission to carry gun
Yeah, that and give them money for something both the U.S. and the Pennsylvania constitution mention as a right.



Patrick
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Old 07-27-2014, 02:31 PM
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The problem wasn't that they didn't issue these LTCFs. It was that they made it a headache. They would take forever to issue or just flat out deny for no reason in hopes that you didn't come for a appeal. If you demanded an appeal you were issued the LTCF when you showed up. When you'd call you would play phone tag with people who didn't know what they were doing. Pa is a shall issue state but Philadelphia just tried to make it to aggravating to try. Where as my county borders Philadelphia but I can get my permit the same day.

Pa allows open carry but Philadelphia never did.

The bottom line is you could always get a permit in Philly as long as you were willing to put up with the hassle. And Philadelphia always recognized other counties in Pa. That was never a problem.
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Old 07-28-2014, 08:00 AM
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To clarify what LTCF is....From PA Title 18 Chap 61 Section 6109

(a) Purpose of license.--A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle throughout this Commonwealth.

While other States use the acronym CCW. the Commonwealth calls it LTCF. Note the use of the word "concealed".
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Old 07-28-2014, 09:41 AM
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Quote:
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And where did you hear that? There are plenty of info out there. You need a ccw to open carry in philly. No conceal in philly. Has this court case changed that?
I didn't hear it anywhere. I have a non-resident PA LTCF and thus I read the PA Code to see what I could and could not do.

Relying on rumors to figure out where you can or cannot carry firearms is a recipe for unneeded inconvenience at best and a legal disaster at worst.
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Old 07-28-2014, 11:59 AM
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Quote:
Originally Posted by Arik View Post
The problem wasn't that they didn't issue these LTCFs. It was that they made it a headache. They would take forever to issue or just flat out deny for no reason in hopes that you didn't come for a appeal. If you demanded an appeal you were issued the LTCF when you showed up. When you'd call you would play phone tag with people who didn't know what they were doing. Pa is a shall issue state but Philadelphia just tried to make it to aggravating to try. Where as my county borders Philadelphia but I can get my permit the same day.

Pa allows open carry but Philadelphia never did.

The bottom line is you could always get a permit in Philly as long as you were willing to put up with the hassle. And Philadelphia always recognized other counties in Pa. That was never a problem.
Exactly right, meanwhile if you lived in any surrounding counties the process is/was so much easier and faster.
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