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Discussion Starter · #1 ·
I received the following email from Majstoll over at VCDL:

I Hate to Say "I told you so," but...

See "Gun owners become target for ID thieves," The Reading Eagle, by Dan Kelly, 8 Sept. 2006, at http://www.readingeagle.com/re/lead/1565097.asp.
SNIP: "At least two people, including an Internet user in China, accessed a supposedly confidential list of some of Berks County's 25,000 gun-permit holders, Sheriff Barry J. Jozwiak confirmed Thursday. Jozwiak said the information included names, addresses and Social Security numbers."

The funny thing is that almost all those SSNs were illegally collected to begin with - in violation of Section 7 of the Federal Privacy Act - so said Federal Judge Sanchez in Stollenwerk v. Miller, Slip Copy, 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); see opinion at http://www.paed.uscourts.gov/documents/ ... D0225P.pdf.

NOTE: The Allegheny County Sportsmen's League (http://www.acslpa.org) contributed money to my federal civil rights law suit. POC is ACLS's Kim Stolfer at [email protected].

It's not enough to remove the SSN from the face of the License to Carry Firearms (LTCF) as the PA General Assembly recently voted - the citizen must be provided a clear warning that SSN disclosure in gun license applications is not required so she may exercise that right without harassment. Without the warning, privacy rights are chilled to the bone when the citizen deals with "the authorities."

Luckily the Berk's County Sheriff is doing the right thing now - warning License to Carry Firearms applicants that SSns disclosure is not required: http://www.co.berks.pa.us/sheriff/lib/s ... notice.pdf.

Too bad the PA State Police don't do the same as required by Section 7(b) of the Federal privacy Act on the LTCF application: http://www.co.berks.pa.us/sheriff/lib/s ... b_2006.pdf

In fact, the PA State Police are now appealing Judge Sanchez order to provide a Federal Privacy Act Section 7(b) warning all the way to the 3d Circuit Court of Appeals! Stollenwerk is represented by Lancaster County civil rights attorney Dwight Yoder/(717) 291-1700.

POC this email: Mike Stollenwerk/(703) 945-0824

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References:

http://www.philly.com/mld/inquirer/13977647.htm
Posted on Tue, Feb. 28, 2006
Judge rejects Pa. gun-buying terms
Requiring prospective owners to provide their Social Security numbers violates the U.S. Privacy Act, the judge ruled.
By John Shiffman
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http://local.lancasteronline.com/11/17220
Big win for gun owners' privacy
Former Mountville man successfully challenges state law requiring Social Security numbers for buying guns.

By Ad Crable
Lancaster New Era
Published: Feb 28, 2006 2:01 PM EST
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GA Federal Judge Order against SSN requirement for gun carry license applications: http://www.georgiapacking.org/SSN_TRO.pdf

TN AG Opinion (gun purchasers do not have to disclose SSNs): http://www.tennesseefirearms.com/law_re ... 01-023.pdf

OH AG Opinion (gun carry license applicants do not have to disclose SSNs): http://www.ag.state.oh.us/le/prevention ... l_info.pdf

KS AG Opinion (Q/A answer on gun carry license - SSN not required): http://www.accesskansas.org/ksag/Concea ... 0_2006.htm

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Section 7 of PL 93-579

[the Federal Privacy Act of 1974, 5 USC 552a note]

Sec. 7 (a)(1) It shall be unlawful for any Federal, State or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number.
(2) the provisions of paragraph (1) of this subsection shall not apply with respect to--
(A) any disclosure which is required by Federal statute, or
(B) any disclosure of a social security number to any Federal, State, or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted prior to such date to verify the identity of an individual.
(b) Any Federal, State or local government agency which requests an individual to disclose his social security account number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it.

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See also a somewhat dated US DOJ overview of case law regarding Section 7 of the Federal Privacy Act at: http://www.usdoj.gov/04foia/1974ssnu.htm
 

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Discussion Starter · #3 ·
As noted over at www.georgiacarry.org - all of the relevant briefs will soon be posted!

:D

Once that is finished, we anticipate that the news will come out as it happens in the case.

Unfortunately, the wheels of justice turn slowly, and the government defendants have just requested, formally, more delay from the court.

Those briefs will also be posted.
 

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Discussion Starter · #4 ·
I have my suspicions that in Georgia, your information, including your social security number, go into a statewide internet database available to each probate court.
 
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