Pennsylvania: Soccer Mom Sues Sheriff

[Lambo]

Pistol-packing Pa. soccer mom sues sheriff

By MARTHA RAFFAELE Associated Press Writer
Updated: 11/24/2008 06:00:49 PM EST




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.
In addition to statutory, compensatory and punitive damages, Weisberg said he is seeking 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," Weisberg said.

Hain was joined in the lawsuit by her husband, Scott, who contends that he has lost his wife's "companionship, consortium, society and services" as a result of the harm she has suffered.
http://ydr.inyork.com/ci_11063852​

 

[gamer_jim]

Good for her. I hope she gets compensated for damages and/or the sheriff looses his job. This isn't the first story I've read about PA law enforcement giving legal citizens a bad time for carrying. Their job is law enforcement, not law interpretation.

 

[organized_mayhem]

I already posted this in another thread but here she is on CN8 a couple weeks ago defending herself against CeasefireNJ and a NJ cop. I don't understand why they didn't get a PA cop and some group from PA but She hammers them on a few points. It was a pretty good show

http://www.lildobe.net/gallery2/v/PAFOA/Meleanie/SFN+on+Lyn+Doyle.flv.html

 

[mr phil]

If it is a concealed-permit. The weapon must be concealed ! In Maryland it is set that way . Maybe it's different in PA.

 

[Drmsparks]

PA allows open carry, md does not

 

[coinboy]

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

I guess that means he joined the lawsuit because he wasn't getting laid.

 

[coinboy]

If it is a concealed-permit. The weapon must be concealed ! In Maryland it is set that way . Maybe it's different in PA.

Actually, I think in MD a gun permit is a gun permit. It doesn't matter whether the gun is concealed or open carry. I used to have a handgun permit in MD as an armored truck driver and open carried all the time.

 

[organized_mayhem]

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

I guess that means he joined the lawsuit because he wasn't getting laid.

OMG

 

[alucard0822]

If it is a concealed-permit. The weapon must be concealed ! In Maryland it is set that way . Maybe it's different in PA.

Technically it is a "License to carry a Firearm" or LTCF, no distinction is made as to what carry method OC or CC. However, to OC no permit is required while on foot. You only need a LTCF to conceal it, or carry in a vehicle in addition to open carry. There have been a few incidents recently where police have been hassling people well within their legal rights, and random people have called the police or hassle a buisness owner to throw them out because they are afraid for no good reason. Thing is that in PA, Carrying of firearms is a right recognized by our own state constitution, case history, and law, and that trumps some idiots "right" to not be afraid of inanimate objects. Ultimately a right not excercised is a right denied.

 

[PresentArms]

I already posted this in another thread but here she is on CN8 a couple weeks ago defending herself against CeasefireNJ and a NJ cop. I don't understand why they didn't get a PA cop and some group from PA but She hammers them on a few points. It was a pretty good show

http://www.lildobe.net/gallery2/v/PAFOA/Meleanie/SFN+on+Lyn+Doyle.flv.html

 

[coinboy]

I already posted this in another thread but here she is on CN8 a couple weeks ago defending herself against CeasefireNJ and a NJ cop. I don't understand why they didn't get a PA cop and some group from PA but She hammers them on a few points. It was a pretty good show

http://www.lildobe.net/gallery2/v/PAFOA/Meleanie/SFN+on+Lyn+Doyle.flv.html

Funny thing is that all the people bitching about her carrying could also go through the process and get a permit if they don't have a bad background and make the situation fair. I don't see what the problem is.

BTW-Great video!

 

[vette97]

I've been part of the PAFOA.org forum for quite a while, where Mel posts quite often. It was just a matter of time before she was harassed just like everyone else that carries openly up there. Often, they get together to open carry to dinner, etc. They openly carried to her hearing to get her LTCF back. I'm thinking of OC'ing up there for their next event in support of her!

This is their forum where they talk about OC all the time. http://forum.pafoa.org/open-carry-144/

 

[gamer_jim]

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

I guess that means he joined the lawsuit because he wasn't getting laid.

OMG!! You can sue for that?!?! I'm RICH!!!

 

[wlc]

I agree with her right, but I just think she is looking for trouble and there is no reason she could not carry concealed at the soccer games. I just don't think what she is doing helps the cause at all, non gun people are just going to view her as a wacko.

 

[R2.0]

I agree with her right, but I just think she is looking for trouble and there is no reason she could not carry concealed at the soccer games. I just don't think what she is doing helps the cause at all, non gun people are just going to view her as a wacko.

You don't understand - you need a concealed weapons permit to CC - signed by the sheriff, etc. But the license to carry openly is pro-forma - when I got mine at 16, it was $5 and a 4x6 index card with my info handed in to the county clerk.

 

[wlc]

You don't understand - you need a concealed weapons permit to CC - signed by the sheriff, etc. But the license to carry openly is pro-forma - when I got mine at 16, it was $5 and a 4x6 index card with my info handed in to the county clerk.

If you watch the show, she has a concealed weapons permit but chooses to carry open since it is easier.

I really don't have a problem with what she is doing, but as I said it's creating an uproar that does not help the cause.

 

[3rdRcn]

If you watch the show, she has a concealed weapons permit but chooses to carry open since it is easier.

I really don't have a problem with what she is doing, but as I said it's creating an uproar that does not help the cause.

I kinda disagree with that, I think she is helping our cause more than hurting it. She is getting press time as a normal everyday house wife that is exercising her rights under the constitution of this country as well as her state. If you don't exercise a right you will lose that right, folks like her are what every one of us would like to be able to do here in Maryland. Would you carry OC if it were legal here? Wouldn't you also be scaring people if you did so and not helping our cause by not using the right you have? Do you believe people have the right to carry OC if the law permits it?

 

[Dst]

Also, fear is conquered well by familiarity. Someone's gotta step up and break the cycle of fear, and that's exactly what Ms. Hain is doing.

 

[vette97]

If you don't exercise a right you will lose that right, folks like her are what every one of us would like to be able to do here in Maryland. Would you carry OC if it were legal here?

Actually, OC is legal in MD "because carrying or transporting a handgun within the confines of real estate owned or leased by him" is allowed without permit. Honestly, we could all go rake the leaves on our property while OC, as long as we stayed on our own land.

 

[Lambo]

With all the attention this is getting I see an all out effort to amend Pennsylvania's Constitution.