A Guys Mills man has appealed an April court ruling which upheld a decision by Crawford County Sheriff Nick Hoke to revoke his permit to carry a concealed weapon.
Gary Young filed an appeal Tuesday to the Commonwealth Court, asking it to reverse the decision of Erie County Senior Judge Fred Anthony, who heard the case in Crawford County after the three local judges recused themselves from the case.
Hoke had revoked Young’s permit earlier this year after receiving reports of statements made by Young. Hoke considered Young’s conduct to be threatening and potentially dangerous.
Young, a U.S. Marine Corps veteran and a retired teacher, turned in his permit without incident but then appealed Hoke’s decision to the Crawford County Court of Common Pleas, arguing the decision was made without proper grounds or due process of law.
He argued that the law required Hoke to have evidence that Young’s character and reputation is such that he would be likely to act in a manner dangerous to the public. Young said Hoke didn’t specify his reason for revoking the permit in his letter.
It was the first time in the county’s history that a gun permit had been revoked for something other than a person committing a crime or inappropriately displaying the gun in public.
Young hadn’t displayed his gun at any time.
On one occasion, Young had gone to Meadville Medical Center to see his son who was a patient there. Although police were notified of a potential problem, he had left the gun locked in the trunk of his car. Testimony at the hearing was that Young also made some comments considered disturbing to people, and those concerns were voiced to Hoke.
After hearing two days of testimony, Anthony ruled Hoke’s action had been proper.
The judge said he was basing his decision solely on testimony heard in court as it pertained to the safety of the community. He said his ruling shouldn’t be seen as a bad reflection on Young’s reputation.
During the two-day hearing, testimony was given by several witnesses about Young’s good standing in the community. However, several others testified about statements made by Young which they said raised concerns about his mental stability. Because of stress he is under regarding a family situation, they voiced concerns for the safety of Young, his family and the community.
Arguing on behalf of his client, attorney Thomas Lyons said that evidence showed Young was a good citizen and involved in community activities. Young’s appeal notice contains no details about the reasons for the appeal.
Commonwealth Court now will review the hearing transcripts and determine whether Hoke’s actions met the law regarding revocation of the permit. There is no timeline by which it must act on this case.
Young and Hoke didn’t return phone calls for comment.
Jane Smith can be reached at 724-6370 or by e-mail at jsmith@meadvilletribune.com.
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