Federal judge orders Osceola County sheriff to issue gun permit
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Thread: Federal judge orders Osceola County sheriff to issue gun permit

  1. #1

    Talking Federal judge orders Osceola County sheriff to issue gun permit

    This story really tickled me, especially the next to last paragraph, so I thought I'd share it:

    Federal judge orders Osceola County sheriff to issue gun permit
    By Russ Oechslin - Journal correspondent | Posted: Thursday, July 8, 2010 6:00 am

    PRIMGHAR, Iowa -- U.S. District Court Judge Mark W. Bennett has ordered Osceola County Sheriff Douglas L. Weber to issue a gun permit to a resident and to complete a college-level course involving the First Amendment.

    Bennett’s written decision on Wednesday involves the case of Paul Dorr, of Ocheyedan, who was denied a permit to carry a concealed weapon.

    Dorr and his son, Alexander, were denied gun permits after being engaged in extensive First Amendment activity -- protesting, passing out leaflets and writing letters to the editor -- the opinion notes.

    “The court finds a tsunami, a maelstrom, an avalanche, of direct, uncontroverted evidence in Sheriff Weber’s own testimony to conclude beyond all doubt that he unquestionably violated the First Amendment rights of at least Paul Dorr,” Bennett wrote in his ruling.

    Dorr said Wednesday that he was pleased “justice is served. I get my permit back and the sheriff is being sent back to school. The harm done by Sheriff Weber against the 6th and 9th commandments has been made right."

    The elder Dorr had been issued a concealed weapons permit from the late 1990s to 2005. But his July 7, 2007, application for a permit was denied. His son’s was denied a year later, when he was 18 years old.

    Weber’s reason for disapproving the application was, “concern from public. Don’t trust him.” The following year Weber also denied Alexander Dorr’s application for a permit and informed Paul Dorr that he would deny any further applications from him.

    Weber testified that he had heard people refer to Paul as “a whacko, delusional, a nut job, a spook, and narcissist,” Bennett’s decision noted. “Regardless of the adjective used to describe Paul, however, Sheriff Weber stated that Paul’s ‘lousy’ reputation was due to his political activities of writing letters to the editor and distributing fliers.”

    The ruling continued, “Giving Sheriff Weber more deference than is due his elected status, the court finds that Sheriff Weber denied Paul’s application for a concealed weapons permit not because of the content of his First Amendment activity but because it was effective and agitated many members of the local community.”

    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."

    However, Bennett’s decision did not favor Dorr’s son, who was 18 years old when he applied for the carry permit, and is 20 now. Bennett noted that sheriffs have the discretion to withhold permits from anyone under majority age.

    Bennett required Weber take a class that must be a college-level course on the United States Constitution, “including -- at least in part -- a discussion of the First Amendment.” And Bennet said, Weber must obtain approval from the court before participating in the class. Upon completion of the class, Weber must also file anan affidavit with the clerk of court showing successful completion with a passing grade.

    A request left with the dispatcher at the Osceola County law enforcement center, requesting a return call for comment from Sheriff Weber, was not returned, Wednesday night.
    Article text copied from Federal judge orders Osceola County sheriff to issue gun permit.
    Last edited by ConditionOne; 07-08-2010 at 01:35 PM. Reason: fixed typos
    South Carolina CWP holder and proud member of GrassRoots GunRights

  2.   
  3. #2
    I especially like the education requirement for the Sheriff.

    It would be nice to live in a country where the authorities were afraid of infringing upon Citizens' Rights rather than the current situation where Citizens fear the power of the state.
    People don't like to be meddled with. We tell them what to do, what to think, don't run, don't walk. We're in their homes and in their heads and we haven't the right. We're meddlesome.--River Tam

  4. #3
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    However, Bennett’s decision did not favor Dorr’s son, who was 18 years old when he applied for the carry permit, and is 20 now. Bennett noted that sheriffs have the discretion to withhold permits from anyone under majority age.
    In what jurisdiction is 18 not majority age?
    When they "Nudge. Shove. Shoot.",
    Don't retreat. Just reload.

  5. #4
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    Very nice! thanks for sharing!

  6. Perhaps the sheriffs course will mention the 2nd Amendment also. Starting Jan. 1 , Iowa sheriffs won't have so much discretion.

  7. #6
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    Quote Originally Posted by CathyInBlue View Post
    In what jurisdiction is 18 not majority age?
    The basis of the ruling may be due to the numerous states that require applicants to be at least 21 years of age. Not something I personally agree with, but considering that in most states one must be 21 to consume alcohol, not something I'd consider to be totally unreasonable.


    gf
    "A few well placed shots with a .22LR is a lot better than a bunch of solid misses with a .44 mag!" Glock Armorer, NRA Chief RSO, Pistol, Rifle, Shotgun, Muzzleloading Rifle, Muzzleloading Shotgun, and Home Firearm Safety Training Counselor

  8. #7
    Excellent !

    Progress at last !

    now if we could only get a few judges to order congress and a few members of this forum, the NRA and attorneys like Alan Gura, Stephen Halbrook, to attend/re-attend some college-level course on the United States Constitution, “including -- at least in part -- a discussion of the Second Amendment”, the Declaration of Independence and the Federalist Papers, Upon completion of the class, they must also file an affidavit with the clerk of court showing successful completion with a passing grade.

    "The people never give up their liberties, but under some delusion." - Edmund Burke

  9. Quote Originally Posted by CathyInBlue View Post
    In what jurisdiction is 18 not majority age?
    Iowa is 21 years old. Unless your in law enforcement

  10. Thumbs up NAGR Gun Rights Alert

    From Dudley Brown, Executive Director of the National Association for Gun Rights:

    I’ve got exciting news to share with you.

    In Iowa, a Federal judge has ordered the Osceola County Sheriff to issue a concealed handgun permit to a political activist and take a remedial course on Free Speech and the 1st Amendment.

    Iowa Gun Owners member Paul Dorr, father of IGO director Aaron Dorr, successfully sued Osceola County Sheriff Douglas Weber, after his ccw permit application was denied.

    Sheriff Weber testified that he denied Dorr’s permit application because of Dorr's political activities and views -- the same grassroots activism that gun owners like you participate in with the National Association for Gun Rights.

    In the ruling Federal District Judge Mark 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 ...”

    As a result of his outrageous infringement upon Mr. Dorr’s rights, Sheriff Weber was ordered by Judge Bennett to complete a college level course on the U.S. Constitution, “including -- at least in part -- a discussion of the First Amendment.” Sheriff Weber is also required to file an affidavit proving his completion of the course with the court.

    This is a huge victory for the right-to-carry in Iowa.

    Congratulations are due to Paul Dorr and Iowa Gun Owners for this important victory.

    You can read more about the lawsuit and Judge Bennett’s ruling on the National Association for Gun Rights' blog.

    For liberty,


    Dudley Brown
    Executive Director, National Association for Gun Rights

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