FICG’s Amicus Brief in McKee LTCF Revocation Results in Overturn of Sheriff David’s Revocation

Firearms Industry Consulting Group (FICG), a division of Prince Law Offices, P.C., is proud to announce that the Amicus Curiae Brief of Chief Counsel Joshua Prince assisted Appellant Dennis McKee in securing a victory in his license to carry firearms (LTCF) revocation by Beaver County Sheriff David.

In a 33 page Opinion, Judge Tesla overruled the revocation of Sheriff David and ordered the reinstatement of Mr. McKee’s LTCF. Judge Tesla specifically held

After review of the record, the Court does not believe our forefathers meant that an individuals right to keep and bear arms under the 2nd amendment [sic] or Article 1  Section 21  require that a citizen is unable to express his or her views or is gagged, in order to be licensed to a carry firearms under 18 Pa. C.S.A. Section 6109. Nor should a lawful citizen, who has no prior record, and been issued a license to carry firearms for 35 years, have his license revoked based on hearsay statements that have not been substantiated by investigation of the Sheriff’s Office or the evidence introduced at the De novo hearing. The Court finds that the Sheriff’s conclusion that McKee has a reputation and character that it [sic] is likely that he will act in a manner dangerous to the public is based solely on incorrect information, hearsay and speculation. The Court sustains the appeal of the revocation of his license filed by Dennis McKee and enters the attached Order.

Some of the most interesting aspects of the decision are the heavy reliance on Caba v. Weaknecht, 64 A.3d 39 (Pa. Cmwlth. 2013), which Chief Counsel Prince litigated. It is also noteworthy that Judge Tesla also reviews the Local Agency law, as discussed in FICG’s Amicus Brief. FICG commends Judge Tesla for his thorough Opinion, which was not swayed by any influence that the Sheriff’s Department may have over the judiciary in Beaver County. This decision is a testament to Judge Tesla’s ability to be a fair and impartial jurist, which should be applauded.

Hopefully, a 1983 Civil Rights action will be filed against Sheriff David for violating Mr. McKee’s right to due process in revoking his LTCF without a hearing and then proceeding to revoke the license without a basis.

A special note of appreciation to Reporter John Paul of the Beaver Countian for providing a copy of the Opinion.

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Filed under Firearms Law, Pennsylvania Firearms Law

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