Interesting story about a person who sued to get his Concealed Carry Permit. Apparently the complainant in the lawsuit had previously held a ccw permit, but was denied the renewal of the permit after he joined an “anti-taxation” group.
The complainant sued on grounds that his First Amendment Right of Freedom of Association was violated by the refusal to renew his permit.
Iowa sheriff must issue gun permit, federal judge rules
Posted on Jul 08, 2010 by Associated Press.
A federal judge has ruled an Iowa sheriff violated a man’s First Amendment rights when he denied the man’s application for a permit to carry a weapon.
U.S. District Court Judge Mark Bennett ordered Osceola County Sheriff Douglas Weber on Wednesday to issue a permit to carry a weapon to Paul Dorr of Ocheyedan.
The ruling states that Dorr had received permits in previous years when he traveled the country to protest outside abortion clinics and had been arrested and that Weber, after becoming sheriff, only denied Dorr’s request in 2007 after he began working with a taxpayer’s group questioning county spending.
Bennett also ordered Weber to take a college level class on the U.S. Constitution.
I just posted a second news story from the Sioux City Journal. In it, The Judge gets a little ticked off about the violation of the First Amendment.
From the second article;
And, Bennett said, “In denying Paul a concealed weapons permit, Sheriff Weber single-handedly hijacked the First Amendment and nullified its freedoms and protections. Ironically, Sheriff Weber, sworn to uphold the Constitution, in fact retaliated against a citizen of his county who used this important freedom of speech and association precisely in the manner envisioned by the founding members of our nation …
“In doing so, this popularly elected Sheriff, who appears to be a fine man and an excellent law enforcement officer, in all other regards, blatantly caved in to public pressure and opinion and, in doing so, severely trampled the Constitution and Paul’s First Amendment rights to freedom of speech and association. This is a great reminder that the First Amendment protects the sole individual who may be a gadfly, kook, weirdo, nut job, whacko, and spook, with the same force of protection as folks with more majoritarian and popular views.”
It’s a very interesting decision.
I’m not sure if this decision will get reviewed or not. Starting Jan 01, 2011, it will be very difficult for the Sheriffs in Iowa to deny carry permits.
Hey guys? Anyone know a lawyer in NY, or hell out of the NY area that would be willing to help someone out with this for the purpose of challenging similar laws in my state? Our permit process is crazy.
