Smith v. Nace

OPINION BY

Judge McGINLEY.

Gregory James Smith (Smith) appeals from the order of the Court of Common Pleas of the 41st Judicial District (Perry County Branch) (common pleas court) which affirmed the Sheriff of Perry County’s (Sheriff) revocation of Smith’s concealed weapons permit (permit).

On April 4, 2002, around 3:30 p.m. Smith was driving north on Routes 11/15. Traffic from Interstate 81 merged with traffic from Routes 11/15 going from two lanes to one at a “bottleneck” or “choke point” (bottleneck). Smith was in the left lane. Mike Maitland (Maitland) exited Interstate 81 South onto Routes…