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Judge: Man isn't violating gun laws
17 citations thrown out. L. Saucon Township authorities say he can't fire weapons in backyard.
http://www.nj.com/news/expresstimes/pa/index.ssf?/base/news-8/116529512664170.xml&coll=2
By MEGHAN SMITH
The Express-Times
L. SAUCON TWP. | District Judge Diane Repyneck threw out 17 citations Monday against a 62-year-old township man accused of violating local gun laws.
The judge ruled Richard Seruga of the 3800 block of Bee Line Drive was guilty of one count of disorderly conduct but was not in violation of any other township laws when he repeatedly fired his gun at a target behind his home.
Repyneck's decision to dismiss the firearm citations upholds a ruling she made in Seruga's favor in October.
Assistant District Attorney Vivian Zumas argued Monday that township laws restricting firearm use within 150 feet of an occupied dwelling applied to Seruga, whom police said discharges his weapon too close to neighboring homes.
Township police officer Ronald Jones testified that after citing Seruga on one occasion, the Bee Line Drive man resumed shooting before the officer had left the property. Jones said Seruga told him to go back to the police department and find something else to charge him with.
Zumas told the judge that by repeatedly ignoring police citations, Seruga showed "blatant disregard" for officers and for the law.
But defense attorney Craig Penglase of Doylestown said police were showing disregard.
"Unfortunately, we have some officials who want to sit in your seat," he told the judge, chiding the township for continuing to cite Seruga even after Repyneck threw out Seruga's previous citations based on the argument that the law allows an exception for property owners to fire on their own land.
Penglase said Repyneck should be consistent with that ruling.
Zumas called Penglase's reading of the law illogical. She said his interpretation would permit homeowners, even in as small a setting as a row of town houses, to fire weapons anywhere they wanted so long as they remained on their own land.
Township Solicitor B. Lincoln Treadwell told Repyneck the law was adopted for safety reasons and that the exceptions as Penglase interpreted them didn't make sense.
Repyneck wasn't persuaded by the prosecution's arguments.
"I have to go with my previous decision and dismiss all violations," the judge said.
She also dismissed another charge against Seruga of using an illegal backstop in his backyard firing range.
The only charge that stuck was the disorderly conduct charge stemming from Seruga's interaction with Jones. The violation carries a fine of $300.
After the hearing, Penglase said he was pleased with Repyneck's decision to toss the firearm violations but said he likely would appeal the disorderly conduct verdict.
He said his client would comply with the two-week cease-fire imposed on Seruga by a county court judge on Friday but vowed to take the case to federal court.
That injunction was filed by attorney Christopher Spadoni on behalf of Seruga's neighbors, Gregory and Mary Rose Heller.
Both Seruga and Zumas had no comment on the verdict.
Township officials said they would consult their solicitor before moving forward.
Reporter Meghan Smith can be reached at 610-867-5000 or by e-mail at [email protected].
17 citations thrown out. L. Saucon Township authorities say he can't fire weapons in backyard.
http://www.nj.com/news/expresstimes/pa/index.ssf?/base/news-8/116529512664170.xml&coll=2
By MEGHAN SMITH
The Express-Times
L. SAUCON TWP. | District Judge Diane Repyneck threw out 17 citations Monday against a 62-year-old township man accused of violating local gun laws.
The judge ruled Richard Seruga of the 3800 block of Bee Line Drive was guilty of one count of disorderly conduct but was not in violation of any other township laws when he repeatedly fired his gun at a target behind his home.
Repyneck's decision to dismiss the firearm citations upholds a ruling she made in Seruga's favor in October.
Assistant District Attorney Vivian Zumas argued Monday that township laws restricting firearm use within 150 feet of an occupied dwelling applied to Seruga, whom police said discharges his weapon too close to neighboring homes.
Township police officer Ronald Jones testified that after citing Seruga on one occasion, the Bee Line Drive man resumed shooting before the officer had left the property. Jones said Seruga told him to go back to the police department and find something else to charge him with.
Zumas told the judge that by repeatedly ignoring police citations, Seruga showed "blatant disregard" for officers and for the law.
But defense attorney Craig Penglase of Doylestown said police were showing disregard.
"Unfortunately, we have some officials who want to sit in your seat," he told the judge, chiding the township for continuing to cite Seruga even after Repyneck threw out Seruga's previous citations based on the argument that the law allows an exception for property owners to fire on their own land.
Penglase said Repyneck should be consistent with that ruling.
Zumas called Penglase's reading of the law illogical. She said his interpretation would permit homeowners, even in as small a setting as a row of town houses, to fire weapons anywhere they wanted so long as they remained on their own land.
Township Solicitor B. Lincoln Treadwell told Repyneck the law was adopted for safety reasons and that the exceptions as Penglase interpreted them didn't make sense.
Repyneck wasn't persuaded by the prosecution's arguments.
"I have to go with my previous decision and dismiss all violations," the judge said.
She also dismissed another charge against Seruga of using an illegal backstop in his backyard firing range.
The only charge that stuck was the disorderly conduct charge stemming from Seruga's interaction with Jones. The violation carries a fine of $300.
After the hearing, Penglase said he was pleased with Repyneck's decision to toss the firearm violations but said he likely would appeal the disorderly conduct verdict.
He said his client would comply with the two-week cease-fire imposed on Seruga by a county court judge on Friday but vowed to take the case to federal court.
That injunction was filed by attorney Christopher Spadoni on behalf of Seruga's neighbors, Gregory and Mary Rose Heller.
Both Seruga and Zumas had no comment on the verdict.
Township officials said they would consult their solicitor before moving forward.
Reporter Meghan Smith can be reached at 610-867-5000 or by e-mail at [email protected].
