WOW, that was something!
This is a discussion on Judge Orders Sheriff To Take Class On Constitution [merge] within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Federal judge orders Osceola County sheriff to issue gun permit He requires sheriff to take First Amendment course Federal judge orders Osceola County sheriff to ...
Federal judge orders Osceola County sheriff to issue gun permit
He requires sheriff to take First Amendment course
Federal judge orders Osceola County sheriff to issue gun permit
By Russ Oechslin - Journal correspondent | Posted: Thursday, July 8, 2010 6:00 am | (11) Comments
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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.
Posted in Local on Thursday, July 8, 2010 6:00 am Updated: 6:33 am. | Tags:
WOW, that was something!
"The Second Amendment: America's Original Homeland Security"
Looks like the judge wanted to make an example of the sheriff.
That's actually quite refreshing to hear!
The people make the law, LEOs only enforce it.
ALWAYS carry! - NEVER tell!
"A superior Operator is best defined as someone who uses his superior
judgement to keep himself out of situations that would require a display of his
It's nice to see that the constitution and founding fathers intentions are being upheld in the courts for the individual.
I keep seeing ALOT of news and action pushing toward the grassroots ideals that our nation was founded on, it is very refreshing!
Hopefully this is a small sample of things to come!!!
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Maybe some of the DC members with legal expertise can help me out, but am I incorrect in my understanding that 18 IS the age of majority? I know most states require a person to be 21 before issuing a concealed weapons permit, but this judge states that the reason he was denied is because he was under the age of majority, which I had understood - and have been taught - is 18.
Otherwise, the article was refreshing.
Nothing more to say.
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"Just getting a concealed carry permit means you haven't commited a crime yet. CCP holders commit crimes." Daniel Vice, senior attorney for the Brady Campaign to Prevent Gun Violence, quoted on Fox & Friends, 8 Jul, 2008
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I wonder if we truly have enough facts to question the sheriff's actions.
Apparently the Judge felt that he had enough facts.
Taking what is written as the straight facts, Sheriff Weber was coloring his decisions with personal opinion, not professional opinion. It's entirely possible to treat someone fairly and not like them, and if it's you're sworn duty to do so...? You just do it.
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If guns kill people, then:
Pincels miss spel werds;
Cars make people drive drunk;
And spoons made Rosie O'Donnel fat.
I think it is nice that the sheriff was put in his place but didn't the judge overstep his authority by ordering the sheriff to attend a college class? I'm pretty sure that the court system isn't set up to administer "re-education".
"To my mind it is wholly irresponsible to go into the world incapable of preventing violence, injury, crime, and death. How feeble is the mindset to accept defenselessness. How unnatural. How cheap. How cowardly. How pathetic." Ted Nugent
Judge Mark W. Bennett
As far as over stepping, I don't think so. I think they have a long leash on what they can order. Here in Houston before Judge Poe became a US Rep, he used to hand down all sorts of unique punishments for years and years. I was walking to lunch one day and saw a guy in his jail overalls wearing one of those sandwhich signs. He was pacing in front of a build and blowing a whistle the whole time. I walked closer to see what the sign said and it read "I stole from my employer and now I am paying the price for it." I couldn't help but laugh. I later found out that was at the hands of Judge Poe. BTW, we loved Poe and elected him the the US House.
"He who does not punish evil commands it to be done." - Leonardo da Vinci
I'd say the sheriff needs a course in the 2nd amendment too while he's taking classes. What a wonderful judicial response! I wish more "forward-thinkinh" judges would do the same.
And I don't think the judge over-stepped any bounds. Judges a great leeway in administering "justice."
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Finally a judge with a refreshing view of the Constitution...as it was written, instead of trying to rewrite it.
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