03/12/08 — An unusual gun-rights case that has the potential of overturning state law appears to be headed for a hearing in the Crawford County Court of Common Pleas.
A Guys Mills-area man has appealed a decision by the county sheriff to revoke his permit to carry a concealed firearm.
Not only does Gary A. Young of 27837 Plank Road claim that Sheriff Nick Hoke misapplied the law when he revoked Young’s permit to carry a concealed firearm, Young also is also challenging the constitutionality of Pennsylvania’s Firearms Act.
Young, a former Crawford Central School District teacher and U.S. Marine Corps veteran, turned in his conceal carry permit in February. In his letter revoking Young’s permit, Hoke quoted a passage from the state law that lays out one of the circumstances under which a sheriff can revoke a concealed carry permit. Hoke wrote that he believes Young’s “character and reputation is such that you would be likely to act in a manner dangerous to the public.”
In his appeal, Young denies that characterization of him.
He claims that had Hoke conducted an investigation — as required by law — Hoke would have concluded that Young wouldn’t be likely to act in such a manner.
In addition, Young said the law requires that the notice of revocation must state a specific reason for the action and Hoke’s did not.
Furthermore, Young said the law provides in part that a license to carry a concealed firearm may be revoked for “good cause.” Young said Hoke failed to state the facts for a good cause to revoke his license.
In his appeal, Young said his permit to carry a concealed firearm can’t be taken based only on the sheriff’s opinion, and he claims Hoke’s action was “arbitrary and capricious.”
The appeal further said the state’s Firearms Act is in violation of the state and federal constitutions with respect to due process of law.
Hoke said Tuesday he has 20 days from last Thursday to file a response to the appeal and his response is being handled by the county’s attorney.
Young said he was asked by his attorney not to comment on the case and referred questions to him, Michael McCormick of Verona. McCormick didn’t respond to a call for comment.
No date has been set yet for a court hearing on the appeal.
In a previous interview, Young said he didn’t know why Hoke would have revoked his permit.
The stipulation in state law about character and reputation hasn’t been invoked in Crawford County to revoke a concealed carry permit for the last 16 years, if ever.
Since taking office in January, Hoke hasn’t revoked any permits.
Bob Stevens, who served as Crawford County’s sheriff for 16 years before Hoke, said he never invoked the clause.
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