Gun mom looks to sue sheriff

[Red Hat]

Remember the Soccer Mom that lost her CC permit for open carry at a Soccer game. She got it back and now she is going after the Sheriff. Go Mom!

Link Removed

A Lebanon woman who achieved national notoriety when her concealed-weapon permit was taken away after she wore a gun openly to a youth soccer match has hired a lawyer to prepare for filing a federal civil lawsuit in the matter.
Meleanie Hain claims Lebanon County Sheriff Mike DeLeo violated her constitutional rights when he confiscated her license-to-carry permit after a parent complained when Hain wore her holstered handgun to her 5-year-old daughter’s soccer game played Sept. 11 at the city’s Southwest Park.

DeLeo said Hain showed poor judgment and created a danger by wearing her loaded Glock 26 to the youth soccer game. He justified his action to confiscate her permit on a statute of the Pennsylvania Uniform Firearms Act that denies a permit to any “individual whose character and reputation is such that the individual would be likely to act in a dangerous manner to public safety.”

Hain’s permit was returned last month after she appealed DeLeo’s action.

Weisberg said he believes several of Hain’s rights were trampled, including her Second Amendment right to carry a firearm and elements of her Fourth Amendment right guaranteeing due process.

“I think her case, in terms of a winning legal perspective, is more complicated than just a Second Amendment case,” he said. “It is not so easy, because it is not necessarily about the denial of her Second Amendment rights and not necessarily about the denial of due process. Rather, it is about the intent to suppress those rights. That is what makes this case so complicated.”

Although much of the expense was offset by supporters’ donations, Hain said she was also irritated by having to pay $3,000 to defend herself at the appeals hearing.

“It (the lawsuit) is about money, but it is not about money,” she said. “It is wrong for me to have to pay out $3,000 in attorney’s fees to get back my license when I never should have lost it in the first place.”

If she wins any damages, Hain said, she would give the donated money to a fund kept by the Pennsylvania Firearm Owners Association for people who must defend themselves in cases like hers.

 

[Rht4162]

the sheriff was upsett because her gun was bigger than his, its called gun envy.

 

[boyzoi]

the sheriff was upsett because her gun was bigger than his, its called gun envy.

he must have a lil snub nose.....:jester:

 

[mrsandman224455]

I hope she wins. I was upset about this situation when it happened. I am glad she is taking action. Hopefully she wins and proves he was wrong!

 

[Rht4162]

I hope she wins. I was upset about this situation when it happened. I am glad she is taking action. Hopefully she wins and proves he was wrong!

its just foolish that you actually HAVE to defend your rights these days. its the right to keep and bear arms not the right to keep and bear arms as long as everyones ok with it. i would also go after the poeple at the soccer game who called the cops to begin with

 

[DrDavidM]

I am very happy that she is willing to stand up for her rights. To many people these days just accept things like this. Go Mom!

 

[tattedupboy]

Even at the risk of playing devil's advocate, I will say that at a children's sporting event, she probably should have been carrying concealed; I feel that in certain places (day cares, children's sporting events, and libraries for instance) open carry does nothing but draw attention to oneself. Nevertheless, however one chooses to exercise RKBA, whether it is politically correct or not, is their business, and as long as they're not abusing the right (ie., intimidating or killing people for instance), then law enforcement has no right to decide that they can no longer exercise it.

 

[Rht4162]

yea it was one sheriff, and a couple citizens, changing the rights of people? i mean, whats it coming to, im going to be wlaking through a town and a sheriff is going to come up to me and hassle me for no reason, they will draw first blood.

 

[HK4U]

Good for her. I hope she wins.

 

[toreskha]

It's great to see aggressive legal action like this after a gun owner who was wrong has been shown to be in the right. This should happen far more often to drive home the point that we won't be treated like doormats.

 

[Scarecrow]

whether it draws attention to her or not... she was well within her rights.. and too many people in this country now days forget all about rights that we have had since the founding fathers put them into place.. we need more people in this country like her to remind the so called authorities that we still have rights and there are many people who will still die fighting to keep them.

 

[gdcleanfun]

I hope she wins big time. I would have cc'ed at a soccer game, but that's just me. I don't like upsetting the kids. I wouldn't have cared at all about the adults, just the kids. :cray: I hate tears! She thought differently and that's okay. It's her prerogative. I wish her luck and for her to get her money back and then some!

(Rht4162 and boyzoi - You two are bad! Vewy, vewy bad! roflmao & pmp)

 

[tattedupboy]

I'm interested in knowing if the NRA or some other gun rights organization has heard about this and is considering aiding n her defense.

 

[NDS]

Even at the risk of playing devil's advocate, I will say that at a children's sporting event, she probably should have been carrying concealed; I feel that in certain places (day cares, children's sporting events, and libraries for instance) open carry does nothing but draw attention to oneself. Nevertheless, however one chooses to exercise RKBA, whether it is politically correct or not, is their business, and as long as they're not abusing the right (ie., intimidating or killing people for instance), then law enforcement has no right to decide that they can no longer exercise it.

Another sterling example, on a gun rights forum no less, demonstrating how some people don't understand what a 'right' is. She did NOTHING wrong. She endangered no one. She harmed no one. She was wronged, damaged, and put upon by those who do not respect HER rights.

Again, rather than defend the victim in the face of abuse, blame the victim for the abuse suffered at the hands of authority out of control.

 

[tattedupboy]

Found this on the Brady campaign website

Brady Campaign to Prevent Gun Violence

Attorneys for Lebanon County (PA) Sheriff Michael J. DeLeo today moved to dismiss a $1 million federal lawsuit brought by Meleanie Hain and her husband, asserting that the suit has no legal basis and should be thrown out.

Hain claims she is entitled to $1 million in damages, including “emotional distress” and loss of babysitting clients, after Sheriff DeLeo revoked her license to carry a concealed firearm following complaints from parents that Hain posed a danger to the community by openly carrying a loaded semiautomatic firearm to her 5-year-old’s soccer games. Hain’s husband is also seeking damages, claiming that the sheriff’s actions caused him to lose the “companionship, consortium, society and services” of his wife, according to the Hain’s complaint filed in the case.

Hain stated in a Dec. 12, 2008, Philadelphia Inquirer article that she openly carries a loaded semiautomatic handgun because, “I don’t really need anything extra in the way of the gun if I’m going to have to pull it out and I’m holding a baby and trying to shuttle two or three other kids.”

The Legal Action Project of the Brady Center to Prevent Gun Violence is providing free legal assistance to Sheriff DeLeo. “It should be obvious to anyone that a civilian bringing an openly-carried, loaded semiautomatic weapon to a child’s soccer game poses a grave risk to the community,” said Daniel R. Vice, Senior Attorney at the Brady Center’s Legal Action Project.

The Brady Center supports common sense gun policies that protect children and communities from gun violence. Every day, eight children and teens are shot and killed by a firearm and 48 more are wounded. Firearms are the second-leading cause of death (after motor vehicle accidents) for young people ages 1-19 in the U.S. Persons carrying loaded guns in public have repeatedly been involved in shootings, including accidental shootings of innocent bystanders. Studies show that laws allowing the carrying of concealed firearms have not reduced crime and, if anything, have increased violent crime, including murder and robbery.

After Hain filed the lawsuit, the Brady Center to Prevent Gun Violence offered to provide free legal assistance to Sheriff DeLeo. DeLeo is represented by David L. Schwalm and Scott D. McCarroll of Harrisburg, Pennsylvania. Attorneys with the Brady Center’s Legal Action Project plan to assist DeLeo’s counsel throughout the case. The motion to dismiss was filed today in the United States District Court for the Middle District of Pennsylvania.

 

[ricbak]

..
The Legal Action Project of the Brady Center to Prevent Gun Violence is providing free legal assistance to Sheriff DeLeo...

Doesn't that open another can of worms?

 

[securecarry76]

As a father of Five and a CCW owner I am going to have to agree with Tattedupboy about being more descrete in a public place like this. I have children that participate in public activites and I do not think that a person with a CCW should carry open in this case (Sorry to offend). However I am not saying that I think it is against any laws for the person to carry open and it is thier right to do so. If I were the perosn who was offended about this I would simply move myself and family away from the area and find a new place to sit. There have been many cases where I am at that persons have been stopped for Open Carry and LE had no right to do so. I hope for this persons sake she wins this case and helps us all by getting our point accross.
good luck:victory:

 

[gdcleanfun]

As a father of Five and a CCW owner I am going to have to agree with Tattedupboy about being more descrete in a public place like this. I have children that participate in public activites and I do not think that a person with a CCW should carry open in this case (Sorry to offend). However I am not saying that I think it is against any laws for the person to carry open and it is thier right to do so. If I were the perosn who was offended about this I would simply move myself and family away from the area and find a new place to sit. There have been many cases where I am at that persons have been stopped for Open Carry and LE had no right to do so. I hope for this persons sake she wins this case and helps us all by getting our point accross.
good luck:victory:

I disagree with you. It's so very common here where I live for people to open carry that no one gives it a second thought - inside Wal*mart, the laundromat, the grocery store, the bank, the bowling alley, the restaurants, the casinos, everywhere. Well, not so much the bank or the casinos but yes people do it there. The kids grow up with it. They don't even ask questions. The more we open carry the more we get used to it. The kids grow up and learn to live with it being normal and not be afraid. Kids could get used to it everywhere, not just here.

 

[Doc and his Glock]

I disagree with you. It's so very common here where I live for people to open carry that no one gives it a second thought - inside Wal*mart, the laundromat, the grocery store, the bank, the bowling alley, the restaurants, the casinos, everywhere. Well, not so much the bank or the casinos but yes people do it there. The kids grow up with it. They don't even ask questions. The more we open carry the more we get used to it. The kids grow up and learn to live with it being normal and not be afraid. Kids could get used to it everywhere, not just here.

But you said before ---

I hope she wins big time. I would have cc'ed at a soccer game, but that's just me. I don't like upsetting the kids.

So which is it -- open carry or cc?

As for soccer Mom I only have this to say --
--- as the man lay dead at the intersection everyone said "he had the right of way". Sometimes common sense is better then just saying "I have a right". Pick your fights but don't pick one that you will lose -- thats just stupid..

 

[gdcleanfun]

But you said before ---

I hope she wins big time. I would have cc'ed at a soccer game, but that's just me. I don't like upsetting the kids.

So which is it -- open carry or cc?

As for soccer Mom I only have this to say --
--- as the man lay dead at the intersection everyone said "he had the right of way". Sometimes common sense is better then just saying "I have a right". Pick your fights but don't pick one that you will lose -- thats just stupid..

Well, you are right, but I changed my mind. The more I open carry and the more I cc, and the more oc I see then the more I think it's okay because the kids here are used to it. I've come from a California mentality and I'm growing out of it, slowly but steadily.