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Sheriff opposed to automatic carry revocations

A decision to revoke a license to carry firearms permit is situational and requires a determination of malicious intent, according to Warren County’s sheriff.

The Department of Justice is asking sheriffs in western Pennsylvania to revoke concealed carry permits when the permitted residents have guns in carry-on bags at Pittsburgh International Airport’s security checkpoint.

Warren County Sheriff Brian Zeybel is not jumping on board.

This month, Acting U.S. Attorney Steve Kaufman announced that 2021 has been a record year so far in terms of travelers having guns in carry on bags at the airport. So far, the Transportation Security Administration team has found 27 firearms at the airport’s security checkpoint, according to a Department of Justice release.

Incidents in which guns are found at the checkpoint are reviewed by the U.S. Attorney’s Office, the FBI, the Allegheny County Police, and TSA, according to the release. “Almost inevitably, the passenger being interviewed claims that they forgot that the gun was in their bag and no criminal charges are filed.”

“Bringing guns to the checkpoint is completely unacceptable and poses a serious security risk,” according to the release. “In order to send the message that airport security checkpoints and guns don’t mix, we need a deterrent strategy, in addition to the stiff civil penalties issued by TSA. So today we are announcing that in incidents involving an individual who possesses a valid concealed carry permit, we will be requesting county sheriffs to rescind that resident’s firearms concealed carry license due to negligence.”

“So, the message to the flying public is this: Check your bags five times if you have to, but make 100 percent sure that your carry-on bags do not contain a firearm or other dangerous weapon. That’s responsible gun ownership, which is essential to protect the flying public.”

Zeybel said decisions to revoke permits will not be made by the U.S. Attorney and not without “clear and dangerous intent.”

“Make no mistake that I believe any decision rendered by the ‘Issuing Authority’ (the Sheriff) regarding revocation of LTC (license to carry) should rest upon just that, the Issuing Authority; not any Federal Agency,” Zeybel said. “And if the decision is to revoke, the length of the revocation period will be reasonably and fairly decided — dependent upon the circumstances in every specific event.”

“We (sheriffs in whole) will not revoke without a reasonable level of what we view as clear and dangerous intent,” he said.

Regarding Kaufman’s statement that the people stopped “forgot” the firearms were in their bags, Zeybel asked, “How many individuals who have been ‘stopped/caught’ by TSA walking firearms into a screening checkpoint have been stopped/caught multiple times?”

“I can only surmise and or guess that that number would be very low; if any,” he said. “My point being, the legal firearm owner clearly learned his/her lesson with the embarrassment and the threats of harsh punishment and or revocation.”

“Would those firearm carrying individuals have ‘remembered’ to take their handguns from the bags had there been a local rule in place that causes revocation to occur with any and all TSA firearms violations?” he asked. “I can only again surmise that forgetfulness is just that, forgetting to do something… against a rule or not.”

“Does the threat of severe punishment — of the taking away or suspending a right of the people — help them remember?” he asked. “I guess we can never quantify that question. However, I am sure the person stopped at those checkpoints did not have a great experience; leading the reasonable person to believe that forgetfulness was not overridden with immediate/eminent threat or fear of punishment by the TSA, banned from air travel, Federal charges, etc. all which existed when they entered the airport.”

“I failed to find any section within the PA Crimes Code that lists ‘Forgetfulness’ as a punishable/revocable offense,” Zeybel said. “I couldn’t find ‘not paying attention’ and ‘what were you thinking’ either.”

“If by their own report, the Federal Government (or local Law Enforcement Officer) failed to file any criminal charges relating to the listed incidents; it leads me to believe there wasn’t enough to prove a charge,” he said. “The incident lacked the necessary elements of a crime; including malicious intent.”

He said he will not rule on a revocation based on a generalized circumstance.

“In short, I believe revocation is warranted for criminal malice and the element of criminal activity/intent existing in the incident itself,” Zeybel said. “I encourage good, honest and trustworthy residents of Warren County and all the Commonwealth to exercise their right to carry a firearm within the legal limits/permits that currently exist. I also mention that with these rights I ask that those citizens step up to the additional level of awareness of carrying their firearms safely and responsibly; and try their darnedest to not ‘forget’ where their firearms are at all times.”

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