The City of Philadelphia is Violating Preemption in that They are Requireing License to Carry Firearm Applicants to Provide at least Two Referals, least such Applicants' Application not be Considered.
The requirement for references is not, in and of itself, a violation, but Philadelphia's expansion of the requirement is.The necessity to have (2) references is not a Philly requirement, it is a state requirement. The PA State Police was given the authority to dictate the form, which the PSP placed the requirement via the power to investigate character and reputation clause to allow the sheriff to seek such information.
The (2) reference requirement is on the official PSP prescribed form SP 4-127.
The reference forms, and completion thereof, is not legally the responsibility of the applicant.(d) Sheriff to conduct investigation.--The sheriff to whom the application is made shall:
(1) investigate the applicant's record of criminal conviction;
(2) investigate whether or not the applicant is under indictment for or has ever been convicted of a crime punishable by imprisonment exceeding one year;
(3) investigate whether the applicant's character and reputation are such that the applicant will not be likely to act in a manner dangerous to public safety;
(4) investigate whether the applicant would be precluded from receiving a license under subsection (e)(1) or section 6105(h) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms); and
(5) conduct a criminal background, juvenile delinquency and mental health check following the procedures set forth in section 6111 (relating to sale or transfer of firearms), receive a unique approval number for that inquiry and record the date and number on the application.
The requirement for references is not, in and of itself, a violation, but Philadelphia's expansion of the requirement is.
18 Pa.C.S. §6109 states that the application form will consist of one page. The SP 4-127 application form asks for two references (may not be family members), and asks for their name, address and telephone number - nothing more.
Philadelphia requires two separate reference information forms (one for each reference), thus exceeding the one-page limit, asking for the reference's name, address, telephone numbers (home, work, cellular), driver's license number and date of birth. It further requires the reference to answer a number of questions, and to sign and date the document. The applicant is required to obtain this information. essentially conducting an investigation for Philadelphia. State law says:
The reference forms, and completion thereof, is not legally the responsibility of the applicant.
Study 18 Pa.C.S. §6109 (http://reference.pafoa.org/statutes/PA/18/II/G/61/A/6109/licenses/) and compare it with Philadelphia's application requirements (http://www.phillypolice.com/assets/docs/PPD-Form.Firearm-License-Application.pdf).
You will also note they are using an out-of-date application form.
The references fills out the secondary forms, not the applicant.
What would be the difference in contacting the reference and asking them of the same info or questions? ..Which would be within the confines of the law. Whether it be on paper or via personal conversation, it really doesn't matter. For counties that actually contact references the paper form is probably the least invasive form than to deal with a phone conversation.
The references fills out the secondary forms, not the applicant.