Man alleges former York County sheriff violated his gun rights

[Computer Steve]

Man alleges former York County sheriff violated his gun rights

CARL LINDQUIST
The York Dispatch
Posted: 07/22/2009 10:49:03 AM EDT


A Red Lion man alleges in a lawsuit that former York County Sheriff Bill Hose violated his constitutional right to bear arms by revoking and refusing to reinstate his concealed firearms permit.
Frank N. Shaffer filed the federal lawsuit earlier this month against Hose and York County. He argues his Second Amendment right to bear arms has been violated and is seeking a court order forcing the county to issue him a valid, usable concealed firearms permit, damages and attorney fees.

County Solicitor Mike Flannelly said he believes the lawsuit will be dismissed before ever getting to trial.

Hose revoked Shaffer's permit in August 2006 after an incident on Interstate 83, according to Shaffer's lawsuit. Shaffer and a tractor-trailer driver got into a roadside altercation because each believed the other had cut him off.

Incident: Both drivers eventually pulled their vehicles to the side of the road. Shaffer pointed a gun at the tractor-trailer driver when the tractor-trailer driver began running toward Shaffer, screaming profanities and threatening to kill him, according to the lawsuit.

The tractor-trailer driver pleaded guilty to disorderly conduct for his role in the incident, according to the lawsuit. Shaffer was charged with simple assault, disorderly conduct, reckless endangerment and harassment.

Hose revoked Shaffer's concealed firearms permit a few days after the incident and refused to reinstate it even after charges against Shaffer were dismissed by a district judge, according to the lawsuit. The charges were dropped when the tractor-trailer driver didn't appear to testify at a preliminary hearing.
Shaffer requested Hose reinstate the license, but he refused, according to the lawsuit. A judge eventually agreed with Shaffer and ordered the county to issue him a new license.

Markings: However, Shaffer argues the new license is not usable and would be revoked by any government official who saw it. At the top and bottom of his picture is a statement that reads "return by order of court," according to the lawsuit.

"If he should have to produce that license for any law enforcement personnel or for any other purpose they will wonder what that annotation means," said Dennis Boyle, a Shaffer attorney. "There is no provision in the law for that."

Shaffer alleges he has lost income because he doesn't have a usable permit. The real estate appraiser needs to carry a gun for self-protection while examining properties in dangerous neighborhoods, he said. He hasn't been working in those areas while he's been without a permit.

Flannelly, who will represent Hose and the county in the lawsuit, acknowledges it's unusual for "return by order of court" to be stamped on a license but said Shaffer's license is nonetheless valid.

"My point of view is: A, it's accurate and B, it doesn't change the validity of the license," Flannelly said.

The county will file a motion to have the lawsuit dismissed, he said.

Hose could not be reached for comment.

-- Reach Carl Lindquist at 505-5432 or clindquist@
yorkdispatch.com.

[ChamberedRound]

This smacks of a Sheriff abusing his position to harass a citizen because he was called out onto the carpet and lost.

[Computer Steve]

"The county will file a motion to have the lawsuit dismissed, he said."

... and it will lose. Shaffer should have the same license as everyone else. No labels. No terms. No special conditions. No confusing language. Nothing.

I'm surprised the Sheriff didn't draw on the man's picture, or deface the license in other ways while he was at it.

How are we ever going to see tax relief in York County when we are wasting our money on lawsuits like this?!?!

[SlimShady]

Man alleges former York County sheriff violated his gun rights

CARL LINDQUIST
The York Dispatch
Posted: 07/22/2009 10:49:03 AM EDT


A Red Lion man alleges in a lawsuit that former York County Sheriff Bill Hose violated his constitutional right to bear arms by revoking and refusing to reinstate his concealed firearms permit.
Frank N. Shaffer filed the federal lawsuit earlier this month against Hose and York County. He argues his Second Amendment right to bear arms has been violated and is seeking a court order forcing the county to issue him a valid, usable concealed firearms permit, damages and attorney fees.

County Solicitor Mike Flannelly said he believes the lawsuit will be dismissed before ever getting to trial.

Hose revoked Shaffer's permit in August 2006 after an incident on Interstate 83, according to Shaffer's lawsuit. Shaffer and a tractor-trailer driver got into a roadside altercation because each believed the other had cut him off.

Incident: Both drivers eventually pulled their vehicles to the side of the road. Shaffer pointed a gun at the tractor-trailer driver when the tractor-trailer driver began running toward Shaffer, screaming profanities and threatening to kill him, according to the lawsuit.

The tractor-trailer driver pleaded guilty to disorderly conduct for his role in the incident, according to the lawsuit. Shaffer was charged with simple assault, disorderly conduct, reckless endangerment and harassment.

Hose revoked Shaffer's concealed firearms permit a few days after the incident and refused to reinstate it even after charges against Shaffer were dismissed by a district judge, according to the lawsuit. The charges were dropped when the tractor-trailer driver didn't appear to testify at a preliminary hearing.
Shaffer requested Hose reinstate the license, but he refused, according to the lawsuit. A judge eventually agreed with Shaffer and ordered the county to issue him a new license.

Markings: However, Shaffer argues the new license is not usable and would be revoked by any government official who saw it. At the top and bottom of his picture is a statement that reads "return by order of court," according to the lawsuit.

"If he should have to produce that license for any law enforcement personnel or for any other purpose they will wonder what that annotation means," said Dennis Boyle, a Shaffer attorney. "There is no provision in the law for that."

Shaffer alleges he has lost income because he doesn't have a usable permit. The real estate appraiser needs to carry a gun for self-protection while examining properties in dangerous neighborhoods, he said. He hasn't been working in those areas while he's been without a permit.

Flannelly, who will represent Hose and the county in the lawsuit, acknowledges it's unusual for "return by order of court" to be stamped on a license but said Shaffer's license is nonetheless valid.

"My point of view is: A, it's accurate and B, it doesn't change the validity of the license," Flannelly said.

The county will file a motion to have the lawsuit dismissed, he said.

Hose could not be reached for comment.

-- Reach Carl Lindquist at 505-5432 or clindquist@
yorkdispatch.com.

Bold italicized led to bold underlined..........the hothead pulled over knowing there was going to be some form of confrontation, verbal or otherwise, and then pulled his weapon and pointed at the person he pulled over to confront. Little bit different than being attacked while minding your own business......assuming that is exactly what happened I don't think the asshat deserves a permit.

[KMcL]

"The county will file a motion to have the lawsuit dismissed, he said."

... and it will lose. Shaffer should have the same license as everyone else. No labels. No terms. No special conditions. No confusing language. Nothing.

I'm surprised the Sheriff didn't draw on the man's picture, or deface the license in other ways while he was at it.

How are we ever going to see tax relief in York County when we are wasting our money on lawsuits like this?!?!

Exactly. Why did it even get to a lawsuit? Issue the guy another LTCF without any special markings and be done with it. Wasting $$$ on attorney's fees for no damn reason.

[Computer Steve]

I don't think the asshat deserves a permit.

I hear you but that was strangely worded to make it sound like he presented the gun first, before the trucker started yelling and come at him. Think about it... if Shaffer pulled the gun first... do you really think the trucker still would have advanced?

Sure, he was a pinhead for being in that situation to begin with... but it was thrown out of Court and it was ordered that he receive his license.

[GunLawyer001]

PA law requires that the LTCF be uniform throughout the Commonwealth.

The Sheriff is obliged to comply with PA law, and to comply with binding court orders. There was a final court order reinstating that license.

In my opinion, the Sheriff is in contempt of court for issuing a non-conforming license, and is violating the PA UFA. Same as if he stamped "MINORITY" or "UNTRUSTWORTHY" on some licenses.

He's being petty and childish.

[kadar]

Judge should hold the Sheriff for contempt.

[God's Country]

Is it even legal for the sheriff to have that notation printed on the permit?
Since when can a sheriff issue a permit with restrictions (essentially what he did)?

Must be nice to be able to violate citizens rights with impunity.

[Curmudgeon]

He is no longer the Sheriff, correct?

I thought it was Richard Keuerleber?