Beaver County Judge Kim Tesla has ordered Sheriff George David to reinstate the license to carry a concealed firearm he revoked earlier this year from New Brighton resident Dennis McKee.

McKee saw his permit revoked back in February, after the New Brighton police notified Sheriff David about a complaint they had received against the man.

Lori Musser, who is a building manager for the Housing Authority at the Thomas Bishop Apartments, filed a report with police after a confrontation with McKee, who lived in the complex at the time. Musser told police that she was afraid of the man, who accused her of trying to steal a rug that he said belonged to him.

While no charges were filed against McKee as a result of the incident, Sheriff George David made the decision to revoke McKee’s concealed carry permit anyway.

Dennis McKee, acting as his own attorney, brought a lawsuit against Sheriff David citing a state law requiring the Sheriff to provide a written revocation notice that included “the specific reason for revocation.” The letter sent to McKee by Sheriff David simply stated that his license was revoked for “good cause.”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 file an appeal of the revocation, as no specific allegations were made against him to refute factually.

Judge Tesla agreed with McKee, ruling that Sheriff David had violated the state statute, and ordering him to reissue the revocation — this time providing specific reasons behind the action as required by law. Sheriff David once again revoked McKee’s license, and Dennis McKee once again filed an appeal on his own behalf.

A lengthy hearing was held in August, where both Dennis McKee and Sheriff David, who was represented by Sheriff’s Office Solicitor Myron Sainovich, called multiple witnesses to testify about the man’s reputation in the community, and his likelihood to be a danger to the public.

In a blistering 33 page opinion issued today, Judge Tesla ruled that Sheriff David had made no effort to determine what Dennis McKee’s reputation in the community actually was before revoking his license, further concluding that there is no evidence the man is any danger to society.

“A person’s character and reputation in the community is established based on an individual’s actions and how he has lived his life,” wrote Judge Tesla. “Mr. McKee served as a Marine in Vietnam and received an honorable discharge. After returning home, McKee lived a productive life as a maximum security prison guard and as a truck driver for PennDOT. McKee, 66 years old, has no prior record and has possessed a license to carry a firearm for 35 years […] Based on testimony presented at the hearing and the documents submitted into evidence, the Court concludes that any conflict between Mr. McKee and Ms. Musser was a result of his pursuit of grievances against the Housing Authority and not any alleged threats of violence.”

“After review of the record, the Court does not believe that our forefathers meant that an individual’s right to bear arms under the 2nd amendment or Acticle 1 Section 21 require that a citizen is unable to express his or her views or is gagged, in order to be licensed to carry a firearm,” concluded Judge Tesla. “Nor should a lawful citizen, who has no prior record, and had been issued a license to carry a firearm for 35 years, have his license to carry a firearm be revoked based on hearsay statements that have not been substantiated by investigation of the Sheriff’s Office [..] The Court finds that the Sheriff’s conclusion that McKee has a reputation and character that is likely that he will act in a manner dangerous to the public is based solely on incorrect information, hearsay and speculation.”

Judge Tesla ordered Sheriff David to reinstate Dennis McKee’s license to carry a concealed firearm.

“I only went through to the 6th grade and that’s it,” said Dennis McKee after the Beaver Countian informed him of Judge Tesla’s ruling. “Myron Sainovich is a who’s who, a mister big shot attorney, and I handed him his ass by representing myself. Do you know what’s good about that? It means that we the people still have rights here in America, and we the people can defend those rights by challenging our own government in court.”

“And let me tell you, Sheriff George David is the last person that should be deciding who can carry a gun or not,” added McKee.

Some Second Amendment attorneys have already begun to praise Judge Tesla’s ruling in the case. “The Firearms Industry Consulting Group (FICG) commends Judge Telsa for his thorough Opinion, which was not swayed by any influence that the Sheriff’s Department may have over the judiciary in Beaver County,” said attorney Joshua Prince, who had filed a “friend of the court” brief in the case. “This decision is a testament to Judge Tesla’s ability to be a fair and impartial jurist, which should be applauded.”

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.

John Paul
John Paul is the founder of the Beaver Countian. He reports full-time for the site, specializing in investigative journalism with an emphasis on public corruption.

173
Reader Comments

avatar
Photo and Image Files
 
 
 
Audio and Video Files
 
 
 
Other File Types
 
 
 
76 Comment threads
97 Thread replies
0 Followers
 
Most reacted comment
Hottest comment thread
34 Comment authors
RavenGwen's DownstackthedeckAnnette! LolDennis McKee Recent comment authors
  Subscribe  
newest oldest top voted
Notify of
Joshua Prince, Esq.
Guest
Joshua Prince, Esq.

Glad to see the proper outcome in this case. I hope the Amicus Brief that I submitted helped Mr. McKee. As I haven’t seen the decision, would you mind sending me a copy?

Dennis McKee
Guest
Dennis McKee

Dear Attorney Prince, It is my belief you brief did help based on some case citations I was unaware of as you are an expert on the issue. I hope you can now cite this case from a high quality judge to help others as you did me. Thanks Dennis McKee

Dirty Harry
Guest
Dirty Harry

Oh,Brother

Kim Miller Hare
Guest
Kim Miller Hare

About time someone stands up to this guy!!!

Joseph Wirag
Guest
Joseph Wirag

When does it stop? He needs to retire/resign and save face. I’m afraid we’ll see on the news that he did himself and who knows how many others in. He needs help.

the HUB
Guest
the HUB

@ Joseph Wirag

you are so right in every word with that statement.

it’s now time for leaders to rise up..

those in position to legally prevent, stop, and arrest need to do so before your opinion becomes sad reality

Nikki
Member
Nikki

Holy shit and then some. All I see is that Sheriff David dropped the ball, as did his attorneys.
And here’s my surprise that he would not be humble one fucking bit, and have to brag about “handing the lawyer his ass”.
His ONE AND ONLY victory. Hopefully, David revokes AGAIN, with proper cause.

sd
Guest
sd

Nikki P, If it occurs again, Dennis will “Hand them both their asses again” Them two are total assholes who are living in a world of make believe. Waccha gonna say when an hoest judge (As Kim Tesla) finds this crack pot sheriff guilty. He wants to lock horns with the State Police ? Yeah, we’ll see. Stupid is as stupid does !

Nikki
Member
Nikki

I’ve been in front of Tesla, and he doesn’t put up with any shit. I can respect him for that. The sheriff will be found guilty, but it won’t in front of ANY Beaver County judge. I just truly believe that the sheriff’s attorney dropped the ball massively, and with all the bull surrounding the office right now, one can see why.

SpeakTheTruthToo
Guest
SpeakTheTruthToo

Nikki, throw away everything you know about McKee from this site, and focus on the Constitutionality of this case. If you do that, you will understand why his victory really matters. If he really does not deserve that permit, he will do himself in eventually……the legal way.

Nikki
Member
Nikki

And I have looked at it from that standpoint also, don’t worry. The victory is important, but it’s the wrong person to have won it. He doesn’t deserve that permit, and like I’ve stated previously, I hope the sheriff revokes it again, and follows through with the proper procedures.
The sheriff’s attorney had too swelled of a head to believe that a “common person” could beat him in court. Tesla doesn’t take any shit from anyone, I’ve seen that first hand, and also, he is bound by the law. He wasn’t gonna open up himself and the courts to a bigger problem.

mikulin
Member
mikulin

A cornucopia (hey, it’s Thanksgiving weekend) of conflicting goodies. Nikki wants this important victory but just not for someone she seems to personally despise. Nikki wants the law individualized for her friends and enemies. Isn’t that what the sheriff already practices? And even though she has looked at it from all standpoints, she really doesn’t like this McKee guy. So what does the law matter when you have a personal grudge. And gee, if that sheriff’s attorney just didn’t have a swelled head, then maybe he would have beat the citizen and stopped an important victory. And the judge, don’t you know is bound by the law. Thanks for that insight. And if he wasn’t, he would have a bigger problem than just a pesky citizen and unlawful sheriff. Now everyone shut up. I’ve said my piece and that’s the end of that.

Dennis McKee
Guest
Dennis McKee

More words of wisdom from a person that didn’t know what is taught in High School government classes. You don’t need a license to practice law or any other Constitutional right. Wow Nikki didn’t you say I had no idea what I was doing and would be defeated And I blew it? Please tell us when was the last time you beat a who’s who of Lawyers a 25 year solicitor and president of his own law firm? Tell us about all you have done? If they dropped the ball why didn’t you help them? Why are you hoping I have no intentions of being humble when fighting for our rights

Nikki
Member
Nikki

Here’s my words of wisdom: SHUT THE FUCK UP, I HAVE NO DESIRE TO ENGAGE IN AN ARGUMENT WITH YOU. I HAVE NO DESIRE TO HAVE ANY TYPE OF CONVERSATION WHAT SO EVER WITH YOU.

That will be the end.

Remington Peters
Guest
Remington Peters

Not you again……They should only give you rubber bullets.

wait...what???
Guest
wait...what???

Congratulations on your victory Dennis. Now how about a little humility?

mikulin
Member
mikulin

Nikki, I’m guessing it won’t be the end. So, on a public forum you engage him but he should shut up. How does that work? Don’t see much wisdom in those words.

mikulin
Member
mikulin

And why should he be humble?

Dennis McKee
Guest
Dennis McKee

Thanks Mikulin, They sure where not humble when they lied about me. And everyone of my letters has been a response to something she wrote she clearly knows nothing about like Public Housing is a gun free zone or her last silliness about you need a license to practice a right something high school kids are taught is not true. And as you can see I tried to change the subject to all the rights violations committed against the public by Dechellis including putting convicted rapists in with the elderly and having them be raped. That’s not an issue but my work history is? Or a magistrate that took an oath to follow the Constitution and has been denying the rights of the poor for as many years back as he has been on the bench. And other letters show how little they know about me and don’t try to find out. Like this is my first victory. Have have been helping people and ran friends of victims for almost 45 years and this is my only victory? This is a huge victory for us all and further shows the level of dishonesty and corruption practiced with the Sheriff and his taxpayer funded lawyer. I am ready at anytime to put together a class action against the sheriff for everyone else he violated their rights. The Sjeriff took my gun because I said if someone was killing our kids and our teachers I would take them out and I didn’t… Read more »

James Young
Guest
James Young

Sherriff is an uneducated moron who should have NEVER made it beyond a beat cop at best.