Crawford (PA) Sheriff revokes gun permit of retired teacher

[Hazcat]

Tuesday, March 25, 2008
The Associated Press
A sheriff revoked a retired school teacher's firearm-carrying permit but under state law, doesn't have to specify why.

The man's lawyer and a gun rights group say what happened to Gary A. Young shows that sheriffs may have too much discretion deciding who can legally carry concealed guns.

"There is no record to justify the action of the sheriff of Crawford County except for the sheriff's own conclusionary letter based upon nothing that the court can consider except that it is one man's opinion," Young's attorney, J. Michael McCormick, wrote in court papers filed earlier this month.

In his Feb. 13 letter, Sheriff Walter C. Hoke told Young that he was revoking the permit because Young's "character and reputation is such that (he) would be likely to act in a manner dangerous to the public."

Hoke, who took office this year, on Monday declined to specify why he took away Young's gun permit, but said he would not have revoked the permit without reason.

"We can only try to guess as to why the sheriff would do this," McCormick said. "My opinion is that that letter should have contained the sheriff's reason for revoking."

McCormick said Young was denied due process. A hearing is scheduled for April 24 in Crawford County Court, during which Hoke will have state his reason for revoking the permit.

McCormick said he's challenging Young's revocation and believes the firearms code is unconstitutionally vague.

Daniel Pehrson, the founder and president of the Pennsylvania Firearm Owners Association, told The Associated Press that "allowing any official to arbitrarily insert their own biases into the process is a situation that could become disastrous if used to deny people their right based not on their legal ability, but on other factors which are unrelated."

Young had the permit for seven years, but had to turn it in on Feb. 19. He was not required to surrender weapons, according to McCormick.

Young, 60, of Guys Mills, referred questions to McCormick. He is a retired school teacher and former Marine who fought and was injured by a grenade in Vietnam, McCormick said.

"He's led a very responsible life, and he's been quite a good citizen," McCormick said of Young.

Young disputes Hoke's characterization of him in court papers. Had Hoke investigated Young's character and reputation, he would have realized he wouldn't be likely to act dangerously, his appeal said.

Jim Hazen, executive director of the Pennsylvania Sheriff's Association, said the group doesn't track how often permits are revoked. Nor does the Pennsylvania State Police.

Hazen said he was aware of a similar case in Franklin County recently in which a man had his license revoked, but got it back on appeal.

Hazen said he didn't think any sheriff would revoke a permit arbitrarily.

"License to carry is a privilege, not a right," said Hazen, who likened the permit to a driver's license.

In 2006 in Pennsylvania, more than 102,000 people had permits to carry, according to state police. Numbers are not available for 2007

http://www.post-gazette.com/pg/08085/867803-100.stm