Hassled at the polls for OCing

[gnbrotz]

http://www.publicopiniononline.com/localnews/ci_7706118
Posted under fair use
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Man who took gun to polling place on Election Day to have his day in court
By JIM HOOK Senior writer

A Chambersburg man who went to the polls on Election Day while wearing a handgun has appealed the revocation of his permit to carry a concealed weapon.

Gregory R. Rotz of 1508 Guilford Station Road is to have his day in Franklin County Court on Jan. 8.

"I think the whole sequence of events is unnecessary," Rotz said. "I'm only looking forward to (my day in court) in the respect that it's the only means I have to right a wrong."

Rotz walked up to the New Franklin voting precinct on Nov. 6 wearing his gun in a side holster, according to Franklin County Sheriff Robert Wollyung. A constable cautioned him not to be armed around the polling place.

"He was cautioned it was best to leave (the gun) outside," Wollyung said. "Instead of taking the easy way out, he has to take the arrogant stand."

"My actions were within the law," Rotz said. "I carry my firearm every day. I believe first and foremost it's my responsibility to protect myself and my family."

Franklin County President Judge John R. Walker is scheduled to hear the case at 2 p.m. Jan. 8 in Courtroom One.

The case "may speak as to how broad the sheriff's discretion is," Rotz said. "I did not break a law. I have not been charged with any crime."

"I'm sure the court is going to agree with him," Wollyung said.

Wollyung notified Rotz in a letter dated Nov. 7 that Rotz was required to surrender his license to carry a firearm, according to court documents.

Wollyung referred to a sectionof the Pennsylvania Crimes Code: A license shall not be issued to, or be held by, a person "whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety."

The right to carry a firearm is not the right to annoy, harass, intimidate or alarm others, Wollyung said.

"I personally believe he violated the spirit of the law, if not the law itself," Wollyung said.

Rotz denies he did anything to call into question his character or reputation or to demonstrate he would endanger public safety, according to a court petition filed Nov. 21 by Steve Rice, a Gettysburg attorney representing Rotz.

Wollyung failed to adequately investigate the incident and abused his discretion in revoking Rotz's license, according to Rice.

In Pennsylvania, the county sheriff's office issues permits to carry concealed weapons. Nearly 8,000 people in Franklin County have the five-year permit, according to Wollyung. His office issues almost 2,000 a year. The permit fee is $30.

When a person applies for a permit, his office has 45 days in which to conduct an investigation, including a check of criminal, military and mental health data bases.

The incident at the polling place is a matter of common sense, according to Wollyung, who was preparing his official response Wednesday to Rotz's petition.

"You can't treat your privilege of being able to carry a firearm as a bully threat," Wollyung said. "There are some places you don't carry a firearm -- bars and churches. It's common sense. Would I walk into a bank with a gun showing? I don't think so. I wouldn't walk into a big crowd with a gun showing, if I wasn't a police officer."

Federal law prohibits carrying a gun into a post office.

Pennsylvania law allows a person to carry a handgun in the open, but once the person carrying the gun gets into a vehicle, the gun is considered a concealed weapon, Wollyung said. A permit is then required.

State law prohibits constables and other law enforcement officers from wearing weapons at polling places during an election.

The constable at New Franklin, whom Wollyung declined to identify, was aware of the law, Wollyung said.

The constable asked other authorities whether Rotz could carry a weapon, according to Wollyung and Rotz. Rotz declined the constable's suggestion to leave his gun in his vehicle. Rotz voted wearing his side arm.

"I think the election board was aware of what was going on and was concerned," Wollyung said.

The three members of the county election board did not return telephone calls on Wednesday.

Wollyung said he heard about the incident election night as election officials delivered ballots to the county Administrative Annex on North Second Street.

He suggested that the election board post signs at polling places on Election Day prohibiting entry to people wearing firearms.

Rotz said that would present another problem: Pennsylvania law precludes any municipality from enacting laws regarding the use and carrying of firearms.

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Jim Hook can be reached at 262-4759 or jhook@publicopinionnews.com.

[Log9mm]

That sheriff is unbelievable. I wanted to go the trial before but I REALLY want to go now!

[Chunky Monkey]

Sounds like the sheriff already knows he was wrong to revoke the license. I figure he didn't think it would go this far. Way to go Greg!!

[DaveM55]

I'll bet the whole thing gets thrown out of court and you get your LTCF back before the trial. Either that or they'll dismiss everything at trial and return your LTCF then. They don't want to set a legal precedence about OC.

[HiredGoon]

Originally Posted by gnbrotz

"I'm sure the court is going to agree with him," Wollyung said.

Is this an accurate quote from the sheriff? Or did he mean to say the court will NOT agree with Greg?

Seems strange that he would say the court will agree. If that's the case he should just reissue the LTCF, admit he was wrong and be done with it.

But I suppose getting this media attention and the hearing itself is good exposure for the issue...just sorry that Greg had to be put thru all of this nonsense.

[scjbob]

It's clear that the Sheriff is trying to justify his and the Constable's actions by appealing to the public's sense of what is acceptable or not. Come on, who's to say that carrying in a church, at a bank or at the polling place goes against common sense? Are our 2nd amendment rights limited by what every local sheriff believes is usual and customery? What ever happened to the rule of law in this country? He knows he will lose this one but he's grandstanding. In my opinion this is an open and shut case. GBrotz, I am proud to have made a donation to help you fight this insanity.

[markheck1]

Originally Posted by HiredGoon

Is this an accurate quote from the sheriff? Or did he mean to say the court will NOT agree with Greg?

Seems strange that he would say the court will agree. If that's the case he should just reissue the LTCF, admit he was wrong and be done with it.

But I suppose getting this media attention and the hearing itself is good exposure for the issue...just sorry that Greg had to be put thru all of this nonsense.

That's the whole deal, HE is being the arrogant one, because gnbrotz "Disrespected his AUTHORITAH!". Now he has to say that gnbrotz was wrong, but the law doesn't say so......

[mrwildroot]

I kinda read a couple of things in this article.

1. gnbrotz will win on rule of law, and sherriff knows it is coming.

2. Police did not like being forced to be disarmed at the polling place, and still have to interact with an armed public, albeit peaceful. ( a taste of what we all face every day...)

The article was about a fair as I could expect in this PC environment...

Good luck on the 8th gnbrotz!
mrwildroot

[axmdr40]

wully wacker got schooled in that article!

[WhiteFeather]

just got this email

GOOD LUCK GREG

OpenCarry.org

13 Dec., 2007


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FOR IMMEDIATE RELEASE

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Chambersburg authorities should face charges for retaliation

against man for lawfully voting while lawfully armed

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OpenCarry.org calls for a federal and state criminal probe into an apparent conspiracy between Chambersburg , PA Sheriff Robert Wollyung and his unnamed co-conspirator, a local “Constable,” to arbitrarily deny voting and gun rights of Pennsylvania citizen Greg Rotz who dared to obey the law.[1] [2]



The facts appear not in dispute – the Sheriff told Rotz that open carry was legal, and the Constable told Rotz that voting while armed was also legal – but after the fact, the Sheriff & Constable decided to take the law into their own hands and revoke Rotz’ License to Carry Firearms (“LTCF”).



Oddly, if Sheriff Wollyung was trying to encourage folks to keep their gun carry “in the closet,” taking away Rotz's LTCF only denies Rotz his “privilege” to conceal his handgun, but not his “right” to carry openly, even while voting.[3]



Most states are like Pennsylvania and do not require any license to carry handguns openly in holsters, at least on foot, even while voting.[4] But unlike most states, Pennsylvania does require a LTCF to carry a gun in a vehicle.[5]



It almost sounds like this “Constable,” whose name ought to be made part of the public record, really had a case of penis envy at the citizen because a state election law prevented the **Constable** from carrying his sidearm. The law enforcement community should attack THAT silly rule, not Mr. Rotz's right to carry – and given the fact that the police were disarmed at the polling place, which had no barrier security like courthouses or airports, was quite logical!



Instead of proactively working with the General Assembly of Pennsylvania to get rid of a silly 'no guns for police rule" through the lawful legislative process, rogue actors Wollyung and "Constable Secret Squirrel" decided to MAKE THEIR OWN LAWS UP![6]



And what’s up with keeping the Constable’s name secret?



In any event, let’s hope Sheriff Wollyung has plenty of gun lockers ready on Jan. 8, 2008 at the Chambersburg courthouse that Wollyung guards – Pennsylvania gun owners are very interested in Rotz’ case and some may decide to drop by to sit in on Rotz’ hearing.





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Contact anytime on gun stories:

Mike Stollenwerk/John Pierce

www.OpenCarry.org

(703) 945-0824

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[1] Jim Hook, Man who took gun to polling place on Election Day to have his day in court, Public Opinion, Dec. 13, 2007, available at http://www.publicopiniononline.com/l...ws/ci_7706118; OpenCarry.org discussion thread at http://opencarry.mywowbb.com/forum46/5938-2.html (including links to the Sheriff’s letters to Rotz in this matter).



[2] Federal and state criminal charges might arise under voting and civil rights statutes such as:



18 USC 245 ("Federally protected activities") . . . (b) Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with—

(1) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from—

(A) voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election; . . . shall be fined under this title, or imprisoned not more than one year, or both."



Title 18, Article F, Chapter 53 (Abuse of Office) at 18 Pa.C.S. § 5301. Official oppression.



A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he:

1. subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or

2. denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.



[3] The Pennsylvania Constitution provides at Article I, § 21 that “The right of the citizens to bear arms in defence of themselves and the State shall not be questioned.” The North Carolina Supreme Court and some other state Supreme Courts in the 44 states with similar state right to bare arms provisions have held that no license may be required of persons openly carrying handguns, but that concealed carry may be highly regulated.



[4] See main map at OpenCarry.org.



[5] See the “Travelers’” tab at OpenCarry.org for the “unlicensed travelers’” map.



[6] Article III, § 1 of the Pennsylvania Constitution provides that “No law shall be passed except by bill, and no bill shall be so altered or amended, on its passage through either House, as to change its original purpose