Some points of a civil case between a couple who are saying they were denied a concealed weapon permit and the Warren County sheriff they’re saying denied it, were cleared up Wednesday by Senior Judge Paul Millen.

The defendant, Sheriff Kenneth Klakamp, represented by Sheriff’s Office Solicitor Tim Bevevino, presented several preliminary objections to the amended complaint brought by plaintiffs Heather and Robert Maher.

“We’re essentially here today because the plaintiffs applied for and were denied a concealed firearms permit,” Bevevino said. “The reason they were given (for the denial) was the absence of references – a requirement.”

At issue is whether the references are requested or required on the permit application.

“They did not put a need for references on there,” Robert Maher said. “It’s not necessary for this form.”

“You could say the same thing about the entire application,” Bevevino said. “That’s how they choose to interpret it.”

Bevevino made a motion that the Mahers be required to bring the Pennsylvania State Police into the case because the Sheriff’s Office uses a state police form. “The Pennsylvania State Police is the agency charged with regulating and administering that,” he said. “The Sheriff’s Office uses a form created by Pennsylvania State Police.”

Millen overruled that objection. “You were not challenging that the form originated by the state police is improper,” he said. “You don’t have to serve the state police.”

Millen sustained Bevevino’s objection that the civil case cannot bring criminal charges. The Mahers have accused Klakamp of official oppression – a misdemeanor.

“We are in civil court,” Bevevino said. “That claim has no applicability here.”

According to Bevevino, the complaint includes unclear language. At points, the two plaintiffs use singular pronouns without stating who they are talking about.

“You may not consider it of much importance, but in law, it’s important to know whose rights we’re talking about,” Millen said.

Millen also sustained an objection to some procedural problems.

The Mahers will be able to correct the procedural problems and the unclear language if they do so within 20 days, Millen said. That they cannot bring any kind of criminal action in civil court is not something they make work around.

“The plaintiffs want to make this into a constitutional issue,” Bevevino said. “I would respectfully maintain this is not a constitutional issue.”

“Nowhere is there a constitutional right to carry a concealed weapon,” he said. “I suggest to the court there’s absolutely no merit to the constitutional issue.”

“He talks about a constitutional issue,” Robert Maher said. “I believe there is one.”

“We’re talking about ‘bear arms,’ he said. “I don’t know how we go all the way from ‘open carry’ to ‘bear.'”

“Do I need references for a fair trial?” Robert Maher asked.