Man Sues Over Sheriff's Refusal To Renew His CCW

[tt11758]

From the local radio station's website (www.kiwaradio.com):

Two Ocheyedan, Iowa men have filed a federal lawsuit against the Osceola County, Iowa Sheriff.

Paul and Alexander Dorr are upset that Sheriff Doug Weber denied them permits to carry weapons. The federal lawsuit claims that the Sheriff infringed on their second amendment rights to keep and bear arms when he denied their weapons permits in 2007 and 2008.

Apparently Paul Dorr had been granted a permit to carry a weapon prior to 2006. However, when he wanted to renew in 2007, the Sheriff denied the permit. Paul Dorr says there was no factual or reasonable rationale to deny him the permit, and the class action suit asks the feds to order the Sheriff's Office to immediately issue the nonprofessional permit.

According to court documents, Paul Dorr operates Copperhead Consulting Services, a company that supports other groups in political and election campaigns on controversial issues.





Personal Comment (NOT part of news story):

Presumably the Sheriff's defense will be based upon the fact that Iowa is a "May Issue" state, as opposed to a "Shall Issue" state.  It'll be interesting to see how this one turns out.

Tom

[TAB]

He is going to lose... unless there is something strange in the state laws.

[tt11758]

He is going to lose... unless there is something strange in the state laws.

I am reasonably certain you are correct.

[tombogan03884]

Probably  as it is a MAY issue state, but he may have some chance since he had one previously, and can argue discrimination.

[TAB]

Probably  as it is a MAY issue state, but he may have some chance since he had one previously, and can argue discrimination.

All they have too do is show he either did something bad( even a parking ticket would work) or that they had a change in policy... both of those just take a scrap of paper to "prove"

Lawsuits like these actually set the CCW cuase BACK.  Case law is a very powerful thing.   Judges don't make a habbit of going into "grey areas" of the law when there is case law against it already.

[Sponsor]

[jaybet]

Lawsuits like these actually set the CCW cuase BACK.  Case law is a very powerful thing.   Judges don't make a habbit of going into "grey areas" of the law when there is case law against it already.

This may be true, but here is a guy who had a permit, and now his constitutional right has been denied without obvious cause. His only real (and legal) recourse is to use the courts. If there is a legitimate reason why he can't have the permit that should come out in court, and if there IS no legitimate reason other than the sheriff's whim, then perhaps the case will cause enough stir that the law is changed to eliminate such bullshit. What else can the guy do but go to court?

[TAB]

This may be true, but here is a guy who had a permit, and now his constitutional right has been denied without obvious cause. His only real (and legal) recourse is to use the courts. If there is a legitimate reason why he can't have the permit that should come out in court, and if there IS no legitimate reason other than the sheriff's whim, then perhaps the case will cause enough stir that the law is changed to eliminate such bullshit. What else can the guy do but go to court?

may want to reread DCvs HELLER.  I had my CCW denied renawel, thanks to moving 8 miles... diffrent county.  The only thing that changed was my address.

[tombogan03884]

This may be true, but here is a guy who had a permit, and now his constitutional right has been denied without obvious cause. His only real (and legal) recourse is to use the courts. If there is a legitimate reason why he can't have the permit that should come out in court, and if there IS no legitimate reason other than the sheriff's whim, then perhaps the case will cause enough stir that the law is changed to eliminate such bullshit. What else can the guy do but go to court?

By TAB's reasoning the guy should just shoot the current Sheriff and count on the whims of his replacement to restore his constitutional rights.

Does Ca have a sign at the state line "Abandon Hope all Americans who enter here" ? If so I must have missed it and they need to make it LARGER.

[TAB]

By TAB's reasoning the guy should just shoot the current Sheriff and count on the whims of his replacement to restore his constitutional rights.

Does Ca have a sign at the state line "Abandon Hope all Americans who enter here" ? If so I must have missed it and they need to make it LARGER.

No, but voting his ass out of office would be better... Filing lawsuits you can not win, is pointless, and dose harm every one in your state.

[jaybet]

If you are TAB you can just flash those fun bags and get anything you want out of the guy.