Mike
Site Co-Founder
imported post
See page 2 of the attached newsletter at very bottom of post below.
I need some help here folks - the PA State Police have filed a limited appeal of my court victory over them re: SSN privacy in gun sales & License to Carry Firearms. No, I don't need your money. I just need 20 minutes of your time to visit just one dealer and ask HIM to follow the law even if the PA State Police want to keep violating the law - ask him to post a simple warning that SSNs are not required to buy guns.
DUCT TAPE ALERT! Please sit down before you read anything more!
The PA State Police with the help of the PA Attorney General have actually filed court papers asking the 3d Circuit to strike down Judge Sanchez' order that the State Policefollow federal law and provide the required Section 7(b) SSN privacy warnings to all citizens, and not just me. They are claiming that they have the right to continue to violate federal law because I did not file a class action!
Gee - try that at a traffic stop: "Sorry Trooper, I don't have to obey that traffic device becasue procedurally your stop of me today was incorrect. I have the right to keeop breaking the law, now excuse me..."
Though I still plan to beat them in staight up court fight on thiswrinkle of civil procedure, let's act now to encourage the gun dealers to follow the law and provide the warnings in each gun store. If we make this a fait accompli, the State Police mayaccept reality.
ACTION ITEM: If you live or travel thru PA, please stop by a gun dealer or 2 ASAP and give him a copy of this PA State Police newsletter and ask him to post a sign informing all gun purchasers that SSN disclosure is not required - you know, sort of like the notice that they already post telling folks that SSNs are required to get a hunting license.
No need to get snippy with the dealers, but it is a fact that as agents of the government when doing the background checks to buy guns, they too could be sued for failing to give the proper Section 7(b) Privacy Act warning. Leaving a gun on the table if they refuse to let you buy a gun without SSN would send a strong signal as well.
But NOTE: Sheriff Bergman of Lancaster County refused to go along with the PA State Police's scheme to keep breaking federal law - Sherriff Bergmen's name is noticeably absent from the appeal...and when I went to Bergman's office to get my LTCF sans SSN, he and his staff were very friendly and provided me there own SSN privacy warning that clearly informed my of my right not to disclose. I did not disclose my SSN, and 20 minutes later, the telephonic PICS check and all paperwork were compelte, and they handed my my license!
References:
1. Judge Sanchez ruled on 24 FEB 06 inStollenwerk v. Miller et al.that the Pennsylvania State Policedemand for Social Security Numbers from citizens buying (transferring) guns or when applying for a Pennsylvania License to Carry Firearms violated Section 7 of the Federal Privacy Act. This lawsuit was filed in 2004 under Section 1983 of the Federal Civil Rights Act, and the ruling also applied to the other Defendant, Lancaster County Sheriff Terry Bergman.See Federal Court's Opinion and Order at: http://www.paed.uscourts.gov/documents/opinions/06D0225P.pdf
A subsequent order by the judge specifically requires the State Police to issue Section 7(b) Privacy Act warnings to gun purchasers and License to Carry Fiorearms applicants, as required by federal law, so that the gun purchaser is fully informed of his privacy right not to disclose his SSN.
2. Section 7 of the Federal Privacy Act: http://www.fairfaxcountyprivacycouncil.org/Section7oftheFederalPrivacyAct.html.htm
3. Past News Stories:
http://www.philly.com/mld/inquirer/13977647.htm
[url]http://local.lancasteronline.com/11/17220[/url]
See page 2 of the attached newsletter at very bottom of post below.
I need some help here folks - the PA State Police have filed a limited appeal of my court victory over them re: SSN privacy in gun sales & License to Carry Firearms. No, I don't need your money. I just need 20 minutes of your time to visit just one dealer and ask HIM to follow the law even if the PA State Police want to keep violating the law - ask him to post a simple warning that SSNs are not required to buy guns.
DUCT TAPE ALERT! Please sit down before you read anything more!
The PA State Police with the help of the PA Attorney General have actually filed court papers asking the 3d Circuit to strike down Judge Sanchez' order that the State Policefollow federal law and provide the required Section 7(b) SSN privacy warnings to all citizens, and not just me. They are claiming that they have the right to continue to violate federal law because I did not file a class action!
Gee - try that at a traffic stop: "Sorry Trooper, I don't have to obey that traffic device becasue procedurally your stop of me today was incorrect. I have the right to keeop breaking the law, now excuse me..."
Though I still plan to beat them in staight up court fight on thiswrinkle of civil procedure, let's act now to encourage the gun dealers to follow the law and provide the warnings in each gun store. If we make this a fait accompli, the State Police mayaccept reality.
ACTION ITEM: If you live or travel thru PA, please stop by a gun dealer or 2 ASAP and give him a copy of this PA State Police newsletter and ask him to post a sign informing all gun purchasers that SSN disclosure is not required - you know, sort of like the notice that they already post telling folks that SSNs are required to get a hunting license.
No need to get snippy with the dealers, but it is a fact that as agents of the government when doing the background checks to buy guns, they too could be sued for failing to give the proper Section 7(b) Privacy Act warning. Leaving a gun on the table if they refuse to let you buy a gun without SSN would send a strong signal as well.
But NOTE: Sheriff Bergman of Lancaster County refused to go along with the PA State Police's scheme to keep breaking federal law - Sherriff Bergmen's name is noticeably absent from the appeal...and when I went to Bergman's office to get my LTCF sans SSN, he and his staff were very friendly and provided me there own SSN privacy warning that clearly informed my of my right not to disclose. I did not disclose my SSN, and 20 minutes later, the telephonic PICS check and all paperwork were compelte, and they handed my my license!
References:
1. Judge Sanchez ruled on 24 FEB 06 inStollenwerk v. Miller et al.that the Pennsylvania State Policedemand for Social Security Numbers from citizens buying (transferring) guns or when applying for a Pennsylvania License to Carry Firearms violated Section 7 of the Federal Privacy Act. This lawsuit was filed in 2004 under Section 1983 of the Federal Civil Rights Act, and the ruling also applied to the other Defendant, Lancaster County Sheriff Terry Bergman.See Federal Court's Opinion and Order at: http://www.paed.uscourts.gov/documents/opinions/06D0225P.pdf
A subsequent order by the judge specifically requires the State Police to issue Section 7(b) Privacy Act warnings to gun purchasers and License to Carry Fiorearms applicants, as required by federal law, so that the gun purchaser is fully informed of his privacy right not to disclose his SSN.
2. Section 7 of the Federal Privacy Act: http://www.fairfaxcountyprivacycouncil.org/Section7oftheFederalPrivacyAct.html.htm
3. Past News Stories:
http://www.philly.com/mld/inquirer/13977647.htm
[url]http://local.lancasteronline.com/11/17220[/url]