Latest - RE: Sheriff Durante Denial

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andy28277

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I was in court yesterday regarding my Motion to Compel Montgomery County, PA Sheriff John Durante to answer discovery questions on why my character and reputation is such that I am likely to act in a manner dangerous to public safety in denying me a CCW.

A history is at: http://www.thehighroad.org/showthread.php?s=&threadid=26336

Well, the Discovery Master was pretty angry with the Sheriff's lawyer for not answering my interrogatories and explaining how the Sheriff came to the determination that I am a danger to the public.

A Motion to Compel will be issued giving the Sheriff 20 days to fully respond or be found in default - I win.

My guess is that the Sheriff's lawyer will answer with minimal responses that still don't answer the questions, which would be disgraceful, but par for the course with Sheriff Durante. In that case, I will file a Motion for Sanctions and decide if I want to go to trial or file a Motion for Summary Judgment. A trial can be heard in two weeks or so, but I would have to inconvenience friends that would be called as character witnesses. The judge has 3 months to respond to a Motion for Summary Judgment.

This is a disgrace. 5 months after denying me the Sheriff still will not say how he came to the conclusion that I am a danger to the public. An enormous waste of taxpayer dollars and a total abuse of authority.

Thanks for the emails earlier in the week. Unfortunately, they did not get the Sheriff to answer (because he has no answer), but at least the Sheriff now knows that people are watching him. I think that is important because I wouldn't be surprised if this Sheriff tried to skirt the law. He is already walking that line very closely right now.

Also, the Sheriff's lawyer told a blatant lie that contradict one of the few discovery responses I have received. He stated in court that I was turned down after and investigation by normal procedure, signed off by a corporal. In an interrogatory a month or so back, it was stated by the Sheriff's lawyer that I was denied by the Sheriff himself when my local PD told the Sheriff something that the Sheriff will not dsiclose in discovery. Suffice to say, I cannot be denied just because the police say something or the Sheriff thinks something. It has to be supported by documented facts that indicate I am a danger or if members of my community - of which none have been interviewed - say so. The Sheriff denied me without even conducting an investigation about this in the first place - as he is required to do by law.

This, my friends, is what happens when you stand up to your local PD for questionable behavior and complain to the township commissioners about them. I don't know about you guys, but the abuse of authority that Sheriff Durante has demonstrated indicates to me that he is your typical insecure, self doubting individual who is using his power and authority as an LEO to build up his diminutive ego (and stature) while giving all LEO's a bad name.
 
Congratulations on your (hopefully successful) fight against the local administration.

I feel that this thread best belongs in Legal And Political, which is where I'm now moving it.

-M.G.
 
Wow! imagine if everyone denied gun permits took your course of action.

You are indeed doing a good thing that may end up saving someone in the future from being disarmed and victimized.
 
I have to give it to you for being persistant. You are doing a wonderful thing. Teaching these SOB's that they cant get away with this crap is wonderful.
 
Good work.

Have you considered buying a local "journalist" a Big Mac and sorta brief him or her on what's happening. My guess is the good sheriff has the same pattern of behavior in other areas.

Justa thought.
 
You know something - if the fellow has "said" that you're a menace, that's slander. If it's in writing, that's "libel."

Sue his butt for that. Personally. His butt, not the city. For some _real_ money.

Of course, in this case "truth is a defense," so if he _does_ have something concrete, you're screwed.

I'm not a lawyer, but I did get an "A" in my media law class.
 
Andy
After following your situation the last few days it's obvious you are a menace to society ... and keep up the good work. It's a shame we don't have more menaces running loose causing problems.
 
www.packing.org/talk/thread.jsp/12605/

As a very sharp eyed Rob pointed out in a previous post, Andy28277 posted the folowing on October 25th, 2001....

"I was arrested for a midemeanor 6 months ago. I have plead not guilty and I am awaiting trial. This misdemeanor has nothing to do with firearms and it is not a domestic case, just your standard run-of-the-mill misdemeanor. I just received a letter from Shefiff Chad Kenney of Delaware County saying my CCW license has been revoked immediately because "I was arrested". I spoke with a guy at the Sheriff's office and he said that this is a PA Staute and I need to get a lawyer and I have 30 days to appeal to the Court of Common Pleas or my license will be permanently revoked. This seems excessive. This is a crime that if I was convicted of it, I would still be allowed to get CCW license if I did not already have a CCW. I thought you were innocent until proven guilty in the US, and this is a minor crime that I fully expect to be vindicated from. I would greatly appreciate some advice on what statute allows this and whether or not going to court is a formality or if I am up for a big, expensive fight just to keep my CCW license. Thanks! Andy"

Now of course this doesn't mean a whole lot, but, Andy, I'm sure we would all be very curiuos as to what this was all about. While your at it, have you been arrested any other time? Of course an arrest and a conviction are not the same, but enough arrests can indicate a pattern, we're just curious.
 
Now of course this doesn't mean a whole lot, but, Andy, I'm sure we would all be very curiuos as to what this was all about. While your at it, have you been arrested any other time? Of course an arrest and a conviction are not the same, but enough arrests can indicate a pattern, we're just curious.

Several arrests with no convictions does indicate something.

It indicates either overzealous or incompetent police!
 
or, part of the story we haven't been told.

Andy, as I'm sure you're aware, a Class A Misdemeanor, or something that get you a year in jail, actually is disqualification for actually owning a firearm and nothing to do with a concealed carry permit.

I hope you share the rest of the story.
 
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