Woman sues Sheriff over CCW revocation

[Musketeer]

This is an interesting article and I think we talked about the sheriff being forced to return the CCW back in September. Now we see there have been lasting consequences to the sheriff"s actions.
http://www.foxnews.com/story/0,2933,457367,00.html

Pistol-Packing Pennsylvania Soccer Mom Sues Sheriff

Tuesday, November 25, 2008


HARRISBURG, Pa. — A Pennsylvania woman Monday sued a county sheriff who revoked her concealed-weapons permit after she upset fellow parents by wearing her holstered pistol to her 5-year-old daughter's soccer game.

Meleanie Hain alleges in a suit filed in a Harrisburg federal court that Lebanon County Sheriff Michael DeLeo violated her Second Amendment rights and prosecuted her maliciously when he took away her permit in September.

Hain, 30, successfully appealed the revocation last month, although the judge who restored her permit questioned her judgment and said she "scared the devil" out of others who attended the Sept. 11 soccer game.

Hain said Monday her home-based baby-sitting service has suffered, her children have been harassed, and she has been ostracized by her neighbors because of DeLeo's actions. In one instance, she said, a neighbor who saw Hain in a local store had the manager ask her to leave because she was carrying her handgun.

"I fought for my right, and now I'm still being punished," she said.

DeLeo's office referred questions to the county's attorney, George Christianson, who did not immediately return a telephone call seeking comment.

DeLeo said at Hain's Oct. 14 appeal hearing he pulled her license after fielding the parents' complaints. He said he based his decision on a section of state law that prohibits concealed-weapons permits from being given to people whose character and reputation make them a danger to public safety.

Hain has said she previously carried her handgun openly to soccer games and practices and other public places without any problem. Her attorney, Matthew Weisberg, said DeLeo had no legal right to take away her permit.

"The sheriff just rides into town and without any hearing, explanation or anything, takes away her license and forces her into court," Weisberg said.

It is pretty clear the sheriff was in the wrong but I do not see her winning one dime here and for good reason. It looks like she practiced Open Carry fairly regularly already. Doing so means she had no issue with people knowing about her carrying a firearm. To claim that now she is suffering for the revelation of that fact is kind of stretching things.

This does go to show why open carry is not always a good thing for some people who would be harmed by the revelation of their gun carrying habits. It also is a good reason to keep the role calls of CCW holders confidential.

 

[Vergeltung]

agreed. she will have a tough time demonstrating any lasting damages. shame, but true. if some freak started shooting at the game, and she took him down, I bet it would be a different story, eh?

sometimes people don't think things through....

 

[publius]

Yes, she had previously carried openly, but...... was she harrassed before the sheriff revoked her permit? It appears not. This would point to the sheriff's action being instrumental regarding her current harrassment. She could have something here.

 

[Musketeer]

The question is though:

Is she being harassed because of a pulled permit or because of open knowledge of her being armed?

The fact that the permit was pulled and it made headlines certainly got her attention on the matter but because she openly advertised her status as armed before, although not as effectively as the national media has done, she really can't complain that it is the sheriff's fault she is being treated differently.

I would go after him for overstepping his bounds and capriciously revoking a permit with no justification but I can't agree that he is responsible for the damages inflicted by people knowing she is armed when she chose to carry openly to begin with.

I do not think it right that people are turning on her for being armed at all. I just don't think she should be blaming the sheriff for that result.