Famed Second Amendment Attorney Files Friend Of Court Brief Opposing Sheriff’s Actions

court

The attorney behind a landmark Second Amendment case in Pennsylvania is now involved in the local case of Dennis McKee v Sheriff George David.

Dennis McKee filed a motion with Beaver County Judge Kim Tesla last week, alleging that Sheriff David violated his due process rights under the law when revoking his concealed carry permit. McKee cited a state law requiring the Sheriff to provide a written revocation notice that must include “the specific reason for revocation.” Judge Tesla noted that the letter sent to McKee by Sheriff David simply stated that his license was revoked for “good cause.” McKee argued that it would be impossible for him to appeal the revocation, as no specific allegations were made for him to refute factually.

Judge Tesla ordered Sheriff David to file a written response to Dennis McKee’s motion, and set a hearing date for May 21st. McKee is acting as his own attorney in the case.

After reading about the case on the Beaver Countian, Attorney Joshua Prince, Chief Legal Counsel of the Firearms Industry Consulting Group, has now filed a “Friend of the Court” briefing urging Judge Tesla to find that Sheriff David did violate McKee’s rights. Prince was trial counsel and appellate counsel before the Commonwealth Court in the matter of Caba v. Weaknecht, a landmark case cited in McKee’s motion and in Judge Tesla’s order.

“In this matter, it appears from the news reports that Sheriff David has refused to supply the actual, specific reason for the revocation and instead has only stated the mere legal authority for the decision, in direct violation of the Commonwealth Court’s decision in Caba,” wrote attorney Prince in his briefing. “Unlike the factual background in Caba, Sheriff David is now refusing to disclose the actual, specific reason and informing Mr. McKee that he has the obligation of contacting the New Brighton Police Department for the basis. This is contrary to the clear language in Section 6109(i) and the Commonwealth Court’s holding in Caba.”

Prince’s briefing also noted that Sheriff David “failed to provide reasonable notice of a hearing or any opportunity to be heard to Mr. McKee,” prior to revoking his permit.

“Accordingly, this Honorable Court should find Sheriff David’s revocation invalid, order Mr. McKee’s LTCF reinstated, at no cost to Mr. McKee, the revocation should be expunged, and the Sheriff should be ordered to pay all costs of Mr. McKee, pursuant to 18 PA.C.S. § 6114,” concluded Attorney Prince.

McKee’s case is not the first concealed carry license revocation by the Beaver County Sheriff’s Office that has come under scrutiny. During a preliminary hearing for Larry A. Hicks held in January, Defense Attorney Gerald Benyo asserted that a notice sent out by the Sheriff’s Office was invalid, as it stated his reason for revocation being simply “per Sheriff David.” Hicks, like McKee, was given no hearing or opportunity to be heard prior to the revocation. Larry Hicks is currently awaiting trial on charges of carrying a concealed firearm without a permit in that case.

Note: In the interest of full disclosure, this reporter is a named victim in criminal charges filed against Sheriff George David by the Pennsylvania State Police.

60 comments

  • I had no idea this was going to happen. An Amicus Brief from heaven. :)))))) Welcome all. Dennis McKee

    • Dennis, as the Prothonotary would not provide me with your address, I was unable to send you a copy of the Amici Curiae brief. I sent an additional copy to the Prothy to serve you with but I’ll be surprised if they actually do. If you email me at Joshua@PrinceLaw.com, I’ll be happy to email you a copy.

  • Mr. Prince, it’s so nice of you to intervene in this case but there are really TWO issues here and it would appear that everyone (including you) is focusing on only ONE of them. First, there is the issue of reinstating Mr. McKee’s license to carry which it would certainly appear is well on the way to indemnification. The second issue though which nobody seems to be concerned with is a punitive response to Sheriff David. To me, this case exemplifies the abuse of power that goes on in the sheriff’s office. Simply getting Mr. McKee’s license to carry back doesn’t do anything to punish the sheriff for not following the law nor does it do anything to make him think twice before he pulls one of his wild west unilateral decisions out of his rectum in the future.

    Surely, Mr. Prince, there is SOMETHING that you can think of to put the thumbscrews to the clown otherwise known as the sherrif…..Please, by all means…..DO IT.

    • I agree that a punitive response is in order. I think if you look at what this briefing states that you can see that the intent is to lay the groundwork for such action. Specifically: ” …urging Judge Tesla to find that Sheriff David did violate McKee’s rights…”

      I am no lawyer, but I believe that if Judge Tesla does find that the sheriff had violated McKee’s rights that opens the door to further action. By doing it this way, in conjunction with McKee’s motion, it means that the court will have already established on the record, that there was a violation of rights. It leaves less to argue when the time comes for punitive action since the issue of whether or not a violation even occurred will have already been established. I believe that there may even be some options in federal court for action under 18 USC § 242 – Deprivation of rights under color of law. http://www.justice.gov/crt/about/crm/242fin.php

      I wonder if George would have the same level of comfort defying a federal judge as he does ignoring the Commonwealth Courts. Personally, if I were J.P, Dennis, or any other person that has become one of the Sheriff’s victims, I think I would be looking into pursuing action under the above law. For some reason I can’t help but think that the federal courts may be just a bit out of reach for George’s good ol’ boys network.

    • Yes, there is more that can be done but it will depend on the outcome of this matter. If it is determined that Mr. McKee’s rights were violated (which, in my opinion, the Commonwealth Court has already found in its holding in Caba), he would have the right to file a 42 USC 1983 action for deprivation of his civil liberties.

      • Attorney Prince, I am well aware of 1983-1984 Civil rights actions however since it would be difficult to show any damage based on the opinion of someone with the character and reputation of Sheriff David, I am leaning more towards getting veterans their rights and exposing the Sheriff for doing things like dodging the draft not complying with the veterans preference laws, abusing employees and committing hate crimes. He truly is a walking talking violation of the Civil Rights Act. A sheriff not permitted to carry a gun? I’m sure you know that showing your rights were violated is not enough, you must show you suffered damage from that depravation. Thank you Dennis McKee

      • Dear Attorney Prince, You asked my case be sealed when I have a Sheriff and the Chief in New Brighton saying Ted Bundy can have a hearing but a Marine can’t. I want to question them in public. Thanks Dennis McKee

      • Dennis, you need to get creative with damages. Every dollar that you spend to have the situation rectified is a “damage” that you incurred. Quite often, we have criminal charges brought, without a basis, where the individual never spends any time in jail, but does incur attorney fees and costs. We use those attorney fees and costs as the damage

  • Research should be done, in detail, regarding the procedures to remove an elected official from office. That should then be provided to the proper authorities through their respective channels. This process has been partially posted before. The chronic nature of this matter begs for a grass roots solution that aims at the base of the problem. One cannot assume that responsible officials or legal channels will automatically kick in. They won’t. If the channels for removal do not exist, then create them through the state legislature. Other states already have procedures in place for this kind of matter.

  • If no actual reason is given then the ccw permit should be reenstated. The 2nd amendment like all others are rights given to all equally. The court should already know that.

  • Perhaps the following might be useful:

    “It is expressly provided in the Constitution of the United States, that the States may provide for their own defence in times of imminent danger. We are bound by that Constitution and we have a right to defend ourselves in the way that is reserved in the Constitution of the United States; that is left to every State in the Union, unrestricted and in full force. He knew that the people of the United States had reserved the right of self defence; but the States have given up the right to keep ships of war or troops in time of peace. What he had said he took from the book, and he had not gone beyond that. The right of preparing for war is exclusively reserved to the Government of the United States, and the States cannot, for their own defence, keep ships of war or troops in time of peace. Now for the qualification of these remarks, he would refer to the amendment to the Constitution which had already been read as follows: “A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.” Why this was intended to convey to individuals certain personal rights. This is a personal right reserved to individuals to bear arms; this was adopted to grant to every man the shield of self defence.”

    - Mr. Walter Forward, Oct. 3, 1837 Pennsylvania Constitutional Convention. [THE CONVENTION OF THE COMMONWEALTH OF PENNSYLVANIA TO PROPOSE AMENDMENTS TO THE CONSTITUTION COMMENCED AT HARRISBURG MAY 2 1837, VOL IV. Pages 96-97]. Mr. Forward, (January 24, 1786 – November 24, 1852), was an American lawyer and politician. Elected to the 17th Congress in 1822, and reelected to the 18th Congress. He was appointed on March 6, 1841 by President William Henry Harrison to be First Comptroller of the Treasury. Served in that post until September 13, 1841. And was then appointed 15th U.S. Secretary of the Treasury by President John Tyler).

  • Following this from afar is interesting. Seems to me that the problem isn’t David but a lack of leadership at the county level. This leadership vacuum is allowing David to step in and act. These actions are driven by ego and ignorance of common law. Why would a man who is constantly in the spotlight continue to act with disregard of the citizens he is sworn to protect and the laws he should obey? He seems to hold himself outside the normal contraints and seems to have no fear of any consequences. Where are the county leaders? Why aren’t they stepping up?

    • The Sheriff is not in the chain of command of the Commissioners. Actually the Sheriff comes under the DA and the DA comes under the Attorney General. However, the Attorney General and the DA deny this even after I sent them a copy of their own rules. The Solicitor for the Commissioners agrees with me. IF what the DA and the AG said was true the Sheriff would have no Supervisor. According to them every other state agency has a Chain of Command with a director or agency head except the Sheriff. This is not an error they are lying. When you ask the AG who is in charge of the Sheriff they say not us. When you ask them OK then who is, they won’t answer. Feel free to check for yourself. Dennis McKee

      • In your opinion, why would they want to escape this responsibility. Isn’t it unusual for the DA and AG to not want to supervise the sheriffs department? Why would the power structure of the county (commissioners, DA, AG, etc…) not want to meet to resolve this obvious issue that could cost the county residents in real dollars and pain? There is an unusual dynamic at play here that is fascinating.

      • Dennis,

        I would really like to get in touch with you regarding what you’re going through right now. My girlfriend is going through the exact same situation that you are and we would like to take this down the avenue that you did, but we have no idea where to begin. Any help you could offer us would be greatly appreciated.

  • I think that if people looked into this Mckee guy, they will find some disturbing behavior that would warrent this action. I don’t know him personally, but something tells me that this will not be an issue. Remember the cupboards? the cupboards!

    • Just what would that disturbing behavior be? And if it is legitimate why won’t the Sheriff tell what it is and do it the proper way? Ted Bundy killed a hundred woman and he got a hearing. But you don’t think BC citizens are entitled to one? I don’t care if its an issue or not lets hear what it is and how do you know something I do not? Serving our country for 4 years in the Marines is not enough to get me a hearing? What unit were you in, the same one as the Sheriff? Notice I didn’t ask for my permit back I asked for a hearing. Attorney Prince asked for my permit back. Who are you, one of the Sheriffs relatives? You can determine guilt or innocence with out the defendant even being told what they did? looks like the judge today thought a “prima fascia” case was established against the Sheriff and you think he is creditable? Please tell us more. Dennis McKee

      • Dennis- you are looking for trouble again ! You are confrontational- maybe that’s why you shouldn’t have a gun? I think they should take your computer from you, too.

        Take a break, take a walk, the weather is beautiful.

      • Wow, WTF, advocating for the removal of both his 1st and 2nd Amendment rights in one post!? Sorry to be cliche but you’re a special kind of stupid, aren’t you? Or maybe just a run of mill liberal?

    • Instead of complaining it will not be an issue and you know what it is no one is stopping you from making it an issue. Are you seriously trying to tell us that it is OK the top law enforcement officer in the county doesn’t believe people should have hearings? That would sure save us money no need for any courts then. if someone accuses you of something we just put you in jail and not worry about that pesky Constitution? That’s what Cuba and East Germany did was it not?

      • The Sheriff is not the top law enforcement officer in the county. He doesn’t have law enforcement powers. His job is court house security and serving summons.

    • The Bee, What is the hold up telling us all what it was I did when the Sheriff won’t tell me? Unless you are just lying you must be one of the Sheriffs boys or girls or how could you know such a thing? So now you have concluded people don’t have the right to even know what they are charged with? And you disagree with attorney Prince? You need to step forward and speak your peace educate the public instead of complaining about someone elses behavior It is impossible for you not to be one of the Sheriffs cronies if you know what you claim you do. THe court the law and attorney Prince say I have the right to know what I did and you know it and won’t tell? Your letter may well be enough to ask the court to find out who you are and to produce this information you have. You are slandering me and hiding behind a screen name. I have never been convicted of anything. THe Va Hospital says I have no signs of Mental Illness and do not now nor at any time in the 35 years I have been their patient
      have I posed a danger to myself or others. The Sheriff would not look at this document. Dennis McKee

    • Still nothing from thebee. The Quote “If people looked into this McKee guy” Please explain just how you look into someone? I am the McKee guy and have no idea how to look into it. If I did I wouldn’t have to file papers about me to find out what the Sheriff did now would I? You knowing things the Sheriff knows but won’t tell me clearly shows us all you are either the Sheriff or his suporter. Thats petty good a person that admits they don’t know me knows things about me I’m not permitted to know. So tell me thebee did I get a hearing or are you just devineing my guilt? You are not the Psycic network are you? Dennis McKee

    • Looking at the actions of George David in regards to the laws that hes sworn to uphold, he feels that whatever he says or does is well within his domain. Not knowing Mr. McKee or even ever hearing about him before this incident, it is not the job of the citizens to openly wonder what his background is….all are innocent until PROVEN guilty. Conjecture and rumor have no standing in this matter. The sheriff refuses to cite any cause for his actions, Mr. McKee has every right to question the sheriff’s actions, it is not our place to openly wonder about Mr. McKee’s character.

  • First of all he’s really not a law official at all. He really NEVER was or ever will be. Now that he’s bound over for court it may calm his stupid ass down a bit. Dennis, good for you, don’t let this asshole get away with his nonsense. This clown just needs a red ball on his nose and a bicycle horn. Perfect !!!!!!!!!!!!!!!!!!!!!

  • Hi Mikulin , I wish I knew why the DA and the AG don’t want to supervise the Sheriff. Maybe if he was getting an award that would be different, I learned this when I complained to the Commissioners about them supervising the Sherrif because like everyone else I thought they were his boss. I asked the AG to forward my questions to Ms. Kane and they wouldn’t do it so she may not even know what her staff is doing? I think and hope she is a good honest person and all that is happening is she can’t trust her underlings. I know how hopeful I was in the beginning about Corbett being the person to clean this up and then we find out he knew about Sandusky. I hope this is just her dishonest employees and not her. We need to all get after this. Dennis McKee

  • Hi Vance 10-4 Thanks I have done the same thing but thankfully our rights are not a popularity contest.

  • @Joshua Prince,

    I want to respond directly and firmly to your recent posting concerning your claims as to what the Prothonotary of Beaver County did or did not do. You claim that the Prothonotary refused to provide you w/ Dennis McKee’s address. I am the Prothonotary and my name is Nancy Werme. You never spoke to me about this matter and I never refused to provide Mr. McKee’s address. I polled my staff and no one asked any of them for that address. You misfaxed your letter, brief and proof of service to the Court Adminstrator at 8:30 am yesterday (April 29, 2013) although you addressed them to my office. (My fax number is available on the internet). When the Court Administrator called me later that morning, I went to collect your fax. Your letter was directed to the Prothonotary’s Office and only to “Dear Gentlemen,” indicating that you did not know that I am not a gentlemen and my staff is composed of women and men. Your transmittal letter, brief, and proof of service was promptly docketed, and I arranged to get the same to Judge Tesla when I learned that he had not received a copy of the fax. And as a courtesy to McKee and you I mailed a copy to McKee.

    Nancy Werme, Prothonotary

    • Its OK everyone I’m sure its just a communication error. I was just kidding about Nancy giving my address to Bib Ladin. Nancy has always treated me just fine even when I have been a pain in the butt. Very professional. Dennis McKee

    • I posted above about a lack of leadership that allows this sheriff to cause so much havoc in Beaver County. It appears to me that Prince steps up to try and stop an obviously wrong application of powers from this sheriff in violation of the constitution, Pennsylvania law and legal precedent. And this county official goes off on “Dear Gentlemen” as if this grammatical offense is as outrageous as denying a citizen their rights. Perhaps Prince’s insertion in this case can stop possible law suit and waste of tax payers monies but the prothonotary is concerned with his communication style. This seems to be a prime example of wrong leadership direction.

    • One has to love someone who impersonates a public official, which is a crime and is traceable through your IP address. My letter and brief were never faxed to the Prothonotary or Court Administration. Also, your lack of knowledge of proper salutation to a public office is also laughable. You may want to spend some time with The Greg Reference Manual, which specifically states that the proper salutation is “Dear Gentlemen.” Have to love the trolls…

  • First off, I am SMILING as “Mr.” David’s Karma is now biting him in the gluteal muscle. I had him flex his muscles and be very inappropriate towards myself and my friends/family in the past during something as innocent as an alcohol free picnic at the park. I merely suggested that, I’m sure there were reasons to pull a carry license. I recognize the name as it has appeared in the editorials in the paper a ga-zillion times over the past so many years. lol…BUTTTTTT as we have noticed all “Mr.” David’s inappropriateness to date, you may have a point! Mayyyyyyy.

    • i think you had best reread your post You said my troubleing behavior warrented the pulling of my permit so you are sure of what that behavior is and I went to court to find out what you know. I shall ask you again What behavior is that? If you are going to make statements like that you need to give your name and your information.Dennis McKee

  • WTF Well Well isn’t it the pillar of virture and all American girl that I got to admit was a woman if that is how we define females that use the kind of language you do. And I have no interest in debating “women” like you that are too afraid to put up their names and want to debate laws they never read. You try to give legal opinions and have never read a law. That is silliness not discussuon. If you don’t have any more respect for yourself and your family than to use that kind of language I don’t respect you either. I have 5 daughters and they don’t use that language and you will not use it on me. If you want to debate law with me on any issue read the law first and cite the number and I will talk to you about it. Other than that stop wasting my time as people need my help and you can’t file anything to help anyone. You can’t even control your language. You need to find a street corner to debate on. If you want to speak to me you are going to be rational and civil. Dennis McKee

    • Dennis, are you referring to me?? I thought I was being nice. I certainly don’t want to mess with a pissed off former Marine who is 6’2″ AND has a gun.

      I do not want to have a “discussuon” with you until you learn how to spell. And I have no intentions of reading and discussing laws with you because I really don’t give a ……….

      My comments towards you concerned you bullying people on another story, the same as you are doing here.

      You need to knock that shit off. :wideeyed:

      • Well it seems you still have not cleaned up your filthy language. And I do not have friends that talk like Kim Kardashian And you sure wanted to discuss law with me until you read the laws I cited and found out how little you know. Now all of a sudden you don’t give a f______ about the law when that is the only thing that interests me. You are hysterical. You have never filed a case and I have been involved with hundreds and you are going to tell me what laws say you have not read. Don’t you realise how silly that makes you look? lets see if I have this right? thebee said “I think if you look into this McKee guy you would find some disturbing behavior that warrents this action” . Then he complains this information he has will not be looked at. So I tell him you must know something I don’t so lets see what you are speaking about and here is your chance to get it considered. This is what you define as Bullying? Its easy to see why you think useng the kind of language you do is feminine and an example to your kids. And you are well aware of why I told you how big I was. It was because your disrespectful friend called me a little punk while hiding behind a screen name. You are tryintg to manipulte the truth away from the subject of you telling people what laws say you never read. Just like with my spelling you try to make yourself look good by making some one else look bad. Are you saying I’m stupid? I would be more than happy to take an IQ test against you publicly and we will see. My spelling has allowed me to help hundreds of people over the years that have had their rights violated. As a matter of fact it is on record on this web site I offered to file for free a 1983-1984 Civil Rights cause of action in the District Court to help the children of Chief Alston becuse the Sheriff has committed a hate crimne against them. Seen anyone else do that? If you know so much about law why don’t you help them? And btw how many have you helped get their rights? Dennis McKee

      • Dennis SHUT UP and stop arguing! You are killing your case for this upcoming trial. I don’t understand why you have to comment on everything.

    • Dennis you are looking for someone to fuck with. You are constantly attacking people. You have so many comments and I am not going back to read them but you pissed me off when you told someone else to call you and meet you and say things to your face- THAT is the bullying. This is a blog and we can disagree with you. In this particular story, you are after someone who said there is a reason you shouldn’t have a gun. ARE YOU READY FOR THIS DENNIS?? I AGREE!!!! I don’t know you or know anything about your case but you obviously have some issues.

      It is admirable that you help others. You should try to focus on that instead of giving out your name and phone number and trying to start shit with strangers on the Beaver Countian.

  • The 2nd amendment says you have the right to defend yourself and your property which I have no problem with and against your Government, how many guns you have what type they are. But come on do you really need to carry a loaded gun when you are sitting at the movie theater, or shopping at the Mall, or sitting at yours sons baseball game, buying grocery at the store, waiting in the doctor’s office, going out to eat ice cream, in a fast food restaurant, walking on a beach. If you feel you need to protect you self at these places, you must have made a lot of enemy’s, or pissed off a lot of people that makes you feel unsafe and you need protection or a mental illness. Remember the first guns were used to provide food for your family now most guns are used to kill people. I know it’s your right or is it just ego problem.

    • You are kidding right? Those are exactly the places I carry a gun into. A movie theater, I can’t think of a good example for needing a gun there. At a mall, not there either. A fast food restaurant, pulling a blank for that one too. Thank you for reminding us the dumbing down of America has worked.

  • @Dennis McKee-Again, you need to take that VERY GOOD advice, and KEEP YOUR MOUTH SHUT!!! These people are purposely aggravating you into making statements that WILL be used against you at trial! You CANNOT let these people bring you down now. It seems that you of all people, should know better! Please, SHUT UP! You are dealing with a man who did not get to where he’s at on his good looks, or his corrupt career as a Alighetto policeman. Believe it or not, the man does have power!

    • Nobody is purposely aggravating Dennis- Dennis has a pattern of attacking anyone who disagrees with him or even questions him. He wants to know their names and meet them because Dennis is 6’2″ and a former Marine and looking for a fight.

      I sure as hell hope Dennis is NEVER allowed to carry a gun

      • Then you MUST feel the same about George David. Talk about someone who has a pattern of attacking anyone who disagrees with him or even questions him! He should also never be allowed to have any guns, EVER!

  • @wtf you better watch it, he is 6’9 and 412lbs, and you obviously didn’t hear that he is a Marine. I don’t believe he has mentioned that.

  • And I forgot he hates foul language. Some how he is the moral authority of Beaver County. Swearing is evil, attacking people is good, just ask spikeonline1.

    • I do know Dennis is a big badass Marine. Dennis was bullying people on a different article and trying to get people to use their real names and meet Dennis to say the things they’d written to his face. He said I would fight like a woman but since I really am a woman I wasn’t trying to get into a fight with him.

      I am an athlete so I am used to talking trash. I really don’t care what Dennis thinks of me.

  • I don’t know anyone on this site but like all blogs, it is sometimes populated by people with personal agendas. I only comment on the legal aspect. Seems to me the sheriff is in direct violation of constitutional law, Pennsylvania law, county statues and legal precedent.
    These kinds of rulings by elected and non elected officials that are clearly wrong usually end up costing taxpayers thousands if not millions. I’m not sure BC is imune to a civil suit. i also commented on county lack of leadership. The response by the prothonotary is case in point. Attorney Prince steps in to quickly inform county officials of a potential legal problem and liability and the prothonotary responds about communication style. The prothonotary’s site claim amongst her goals is to be user friendly and citizen friendly. Her response to Prince seemed neither. But the bigger issue seems to be the sheriff’s ability to perform unchecked and without supervision.

  • Dear Judge Tesla,

    Attorney Prince has asked you to seal my case to protect my privacy. I do not want that as I want to cross examine the Sheriff publicly as the public has a right to know. I
    forgo all my privacy rights. Thank you

    Respectfully submitted.
    Dennis McKee