PA State Police appeal of SSN privacy court ruling ends with a whimper :)

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In 2006 federal Judge Sanchez issued an opinion and order invalidating the SSN disclosure requirement in the PA Uniform Firearms Act as the requirement pertains to background checks to buy guns from dealers, or apply for a License to Carry Firarms from County Sheriifs and the Police Chief of Philadelphia. Stollenwerk v. Miller[/i], 2006 WL 463393, (E.D. Pa. 2006)(Pennsylvania statute requiring persons to disclose an SSN to buy a gun or obtain a gun carry license violates Section 7 of the Federal Privacy Act), available at [url]http://www.paed.uscourts.gov/documents/opinions/06D0225P.pdf[/url]

The PSP filed two somehat flippant motions to alter judgement with Judge Sanchez, prompting him to issue a supplemental order requiring the PSP to provide Section 7(b) Federal Privacy Act warnings to prospective gun buyers and License to Carry Firearms applicants.

So the PSP appealed to the 3d Circuit, the appeal was sent to mediation, and in FEB, 2007, the PSP agreed to, and Judge Sanchez signed an order which merely modified the verbiage in the 2d order (see attached).

So now the case is final - but where are the PSP's SSN wanrings to gun buyers and LTCF applicants? And why do anti-gun PA legislators propose more gun control schemes that violate federal SSN privacy law? See [url]http://tinyurl.com/2monef[/url].

PA gun owners need to rise up now and demand that their gun dealers and Sheriffs follow the law, even if the PSP won't.

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Does this mean we have to disclose SSN when buying gun or applying for LTCF? I have read the documents in full, but I don't think I fully understand all of the legalese. It seems to me that PSP has no right to ask for SSNs because they are not operating a record-keeping system in existence before 1975, so SSN disclosure cannot be mandatory as described in Section 7(b).

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novaccw wrote:

Does this mean we have to disclose SSN when buying gun or applying for LTCF?

Click to expand...

No, the opposite. At issue though is the PSP's failure to comply with the order and provide the warnings that SSNs are not required.

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Jeez, Mike...you sure are asking a LOT of government...you want them to ENFORCE the law and actually OBEY it too?

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Every time the PSP breaks the law you want them charged! Good luck. With FAST EDDY RENDALL in office, the head of the GUN_GRABBERS in this commonwealth you won't even get a look at the offense. The legislators won't even enforce the minimum sentencing of five years in prison for a crime commited with a firearm, (THEY PAST THE LAW)!! :cuss:

From: Dan Ragaller, Allegheny County Sportsmens League Board Member

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Maybe I should start a new thread for this, but I wanted to say how happy I was to find Mr. Stollenwork favorably featured in a front page, above the fold article in the Lancaster New Era last evening! I glanced at the papers in the Wawa, and saw the headline "A HERO IN FIGHT FOR GUN RIGHTS, PRIVACY", at

[url]http://local.lancasteronline.com/11/30669[/url]
so of course I purchased it.

Thank you for what you do, Mike, it does not go unnoticed, obviously.

That article helped start a few more discussions with guys from my church who likely will check the website now.

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Small plug for open carry sort of, too, and points out that other state AGs and police departments are stopping unlawful SSN demands in gun control without having to be sued: [url]http://local.lancasteronline.com/11/30669[/url]


SNIP

"Michael Stollenwerk, a former Lancaster County resident who wears a loaded pistol strapped to his hip in restaurants, is becoming somewhat of a folk hero in the guns-rights movement. Pennsylvania State Police have dropped their appeal to a court victory Stollenwork won in February 2006 that says residents don't have to reveal their Social Security numbers when purchasing guns or applying to carry a concealed firearm.

. . .

The court ruling has been embraced by guns-rights and privacy advocates. Seeing the handwriting on the wall, Nebraska and Kansas have amended their procedures so that Social Security numbers are no longer required when applying for concealed weapons permits."