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Pistol-packing soccer mom sues county sheriff

Posted: Tue Nov 25, 2008 12:28 pm
by texasgirl
I think there was a discussion on this but looks like she is not letting this go. Good for her :hurry:

Pistol-packing soccer mom sues sheriff
The Pa. woman claims the sheriff violated her Second Amendment rights
The Associated Press
updated 7:52 p.m. CT, Mon., Nov. 24, 2008

HARRISBURG, Pa. - A Pennsylvania woman sued a sheriff Monday 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 the federal lawsuit 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.

'Still being punished'
Hain said Monday that her 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 her 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 return a telephone call seeking comment.

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

No legal right to take permit?
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," he said.

In addition to monetary damages, Weisberg said, Hain's lawsuit seeks a court order for DeLeo to undergo law enforcement education.

"He needs to be educated that the complaints of a few do not compel him to suppress individual rights," he said.

Hain is joined in the lawsuit by her husband, Scott, who contends he has lost his wife's "companionship, consortium, society and services" as a result of the harm she has suffered.


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Re: Pistol-packing soccer mom sues county sheriff

Posted: Tue Nov 25, 2008 3:01 pm
by Charles L. Cotton
I'm on her side regarding the revocation of her license, but suing on the theory that publicity has hurt her business and that she was asked to leave a store is quite a stretch. The revocation of her license wasn't a public event, until she made it so. She granted interviews during which she was photographed wearing her pistol. Plus, she chose to open-carry at a soccer game, so it's not like the Sheriff publicized a private fact. The public knows her only because she sought publicity, not because the Sheriff wrongfully revoked her license.

Chas.

Re: Pistol-packing soccer mom sues county sheriff

Posted: Tue Nov 25, 2008 5:23 pm
by Originalist
:iagree: for the most part and while I dont know every detail, I know locally the Sheriff made public statements and pretty much demonized open carry prior to the original court date. The Sheriff went so far as to state he was going to "make a statement about Open Carry"

Re: Pistol-packing soccer mom sues county sheriff

Posted: Tue Nov 25, 2008 6:20 pm
by Oldgringo
Russell wrote:I just don't understand why it was revoked when she was following the law :headscratch
:tiphat: There used to be some western states where the speed limit was R & P. It was up to the arresting officer/s and the court to determine what was a "Reasonable & Proper" speed for the conditions. :nono:

You see where I'm going with this? IOW, I'm with Chas. above.

Re: Pistol-packing soccer mom sues county sheriff

Posted: Tue Nov 25, 2008 9:30 pm
by Charles L. Cotton
AFCop wrote::iagree: for the most part and while I dont know every detail, I know locally the Sheriff made public statements and pretty much demonized open carry prior to the original court date. The Sheriff went so far as to state he was going to "make a statement about Open Carry"
I didn't realize the Sheriff was talking trash about this case. I still think liability is a stretch, but less of one. :lol:

Chas.

Re: Pistol-packing soccer mom sues county sheriff

Posted: Wed Nov 26, 2008 2:36 am
by Originalist
Oldgringo wrote:
Russell wrote:I just don't understand why it was revoked when she was following the law :headscratch
:tiphat: There used to be some western states where the speed limit was R & P. It was up to the arresting officer/s and the court to determine what was a "Reasonable & Proper" speed for the conditions. :nono:

You see where I'm going with this? IOW, I'm with Chas. above.
Still is in most places (Like Texas), it is just a different offense than "Speeding"

Re: Pistol-packing soccer mom sues county sheriff

Posted: Wed Nov 26, 2008 3:05 am
by asleepatthereel
If she wins could it set a precedent concerning CHL? Think rouge DAs and Texas Travel law. Obviously that would only pertain to non CHL carry in cars. If I read the story right, the sheriff revoked her CHL, but in her state she can legally carry open. Doesnt make any sense to me that the sheriff would think someone with a pistol out in the open wouldnt scare people more than if it was concealed. Dont get me wrong, Im very pro law enforcement, and tend to give more weight to the LEO in any given instance, but I think he was wrong on this one.

Re: Pistol-packing soccer mom sues county sheriff

Posted: Wed Nov 26, 2008 3:22 am
by Originalist
PA issues a LTCF (License to Carry a Firearm), which is funny because you only need a license to carry concealed or in a vehicle there. According to State Law. The PA Supreme Court ruled that in Cities of the First Class (i.e. Philadelphia) you had to have a LTCF whether concealed or openly carrying.