IA: Court sends Sheriff to Class for Denying CWP Permit

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ELB
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IA: Court sends Sheriff to Class for Denying CWP Permit

Post by ELB »

http://volokh.com/2010/07/08/iowa-feder ... ent-class/" onclick="window.open(this.href);return false;
The case is Dorr v. Weber, decided yesterday (some citations omitted); the court ordered the sheriff to grant the permit, but also wrote:


Paul [Dorr] was denied a permit precisely because Sheriff Weber believed that his free speech rights offended the majority of voters in Osceola County....

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 who ratified the Bill of Rights on December 15, 1791. 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....

[Footnote:] Following trial, the court alerted the parties to the possibility that it might order Sheriff Weber to take a class to educate him on the First Amendment. It provided the parties with 10 days to file briefs relating to the court’s authority to order such remedial relief. Sheriff Weber did not file a brief.

Sheriff Weber’s dramatic and stunning failure to appreciate, and to protect and defend, Paul’s basic First Amendment rights, compels remedial relief.... Sheriff Weber ... must complete [a class that] ... must provide college level instruction on the United States Constitution, including — at least in part — a discussion of the First Amendment. Sheriff Weber shall attach his transcript or other proof of completion to the affidavit — Sheriff Weber must obtain a passing grade or obtain an otherwise satisfactory assessment of his participation in the class.

Much more at the link, including link to earlier post on this case.
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baldeagle
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Re: IA: Court sends Sheriff to Class for Denying CWP Permit

Post by baldeagle »

This case demonstrates why "may issue" is the wrong way to do CHL. It leads to precisely the kind of discriminatory decision making that led to this case.
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ELB
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Re: IA: Court sends Sheriff to Class for Denying CWP Permit

Post by ELB »

Iowa will go to "shall issue" next year.
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joe817
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Re: IA: Court sends Sheriff to Class for Denying CWP Permit

Post by joe817 »

Fascinating read ELB! Thanks for sharing. :tiphat:

Reading the court documents was very interesting:

http://ia331220.us.archive.org/0/items/ ... 7.58.0.pdf" onclick="window.open(this.href);return false;

Basically what I got out of this was that the Plaintiff was an activist, and was circulating information regarding what he thought was an inflated Sheriff's budget, and it should be lowered. The Sheriff took issue, and denied him a permit to carry to shut him up........the tactic didn't work. :rules:

Note that the above is greatly oversimplified from the issue, but that's my take on it.
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gregthehand
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Re: IA: Court sends Sheriff to Class for Denying CWP Permit

Post by gregthehand »

I think that was a poorly written article. Sorry if that offends anyone. I had to read way to far into it before I finally figured out exactly what the guy did that had POed the Sheriff.
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ELB
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Re: IA: Court sends Sheriff to Class for Denying CWP Permit

Post by ELB »

In mild defense of the "article"... ;-) it was actually just a blog post that itself was an excerpt of a court document (and of course I excerpted the excerpt), and lawyers (and judges) do not write newspaper articles. No doubt a few things got left out along the way. That's why I (and Eugene Volokh) put in links to the sources.

In even milder defense :roll: of the judge's writing, when lawyers are arguing over a legal point (or so I surmise), particularly over a broad right like freedom of speech, some of the facts that are interesting to us have little to do with interpreting the law. In other words, for legal purposes, it did not matter what Dorr said; what mattered is that Dorr said something, that something was protected by the First Amendment, and the Sheriff trampled on that by refusing to renew Dorr's concealed handgun permit (thus this was more about the 1A than the 2A).
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