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Thread: Iowa legislature must not tolerate Sheriffs' whining over concealed handgun permit reform

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    ************************************************** **********
    OpenCarry.org Press Release - February 17th, 2008
    ************************************************** **********
    FOR IMMEDIATE RELEASE
    ************************************************** **********

    Iowa legislature must not tolerate Sheriffs’ whining over concealed handgun permit reform


    ---------------------------------------------------------------------

    As everybody knows, when seconds count, the police are only minutes away.

    That’s why 37 states issue concealed handgun permits on a “shall issue” basis – meaning you either qualify, or you don’t based upon objective criteria.[1] Vermont and Alaska do not even require a permit to carry concealed handguns!

    Iowa now stands alone among our nation’s heartland states in allowing Sheriffs to arbitrarily deny concealed handgun permits to citizens.[2] Yet now we hear that “[t]here was an outcry at the statehouse Wednesday from county sheriffs objecting to a bill they say would make it harder for them to deny permits to carry concealed weapons.”[3]

    Dubuque county Sheriff Kenneth Runde argues that Sheriffs need the discretionary power to deny permits to otherwise qualified applicants on unproven allegations that the individual is a domestic abuser.[4]

    Sorry, Sheriff, but that dog won’t hunt.

    Under current Iowa and federal law, unconvicted domestic abusers may still lawfully own handguns, keep them at home, transport them in vehicles, and carry them openly on foot in unincorporated areas of Iowa. As such, lack of a permit to conceal is not any hindrance to an abusers use of a gun in domestic crime. But a Sheriff’s arbitrary denial of a concealed carry permit to a potential law abiding spousal victim could be a death sentence.

    And let’s face it – if you believe that gun carry is a constitutional right, then discretionary licensing of that right is unconstitutional.[5]

    Therefore, OpenCarry.org calls on the Iowa legislature to pass “shall issue” concealed carry permit reform this year

    And if the Sherriff’s can’t get over the loss of their current arbitrary powers, then the legislature should follow the lead of many states turn the whole permit system over to the State Police.

    Mike Stollenwerk

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    [1] State disqualifiers usually include felony convictions, mental health commitments, and certain other objective disqualifiers. See progression of “shall issue” reform across the states over time at http://www.gun-nuttery.com/rtc.php.

    [2] Darwin Danielson, Sheriffs don't want to give up control of concealed gun permits[/i], RadioIowa.com, February 14, 2008, available at http://www.radioiowa.com/gestalt/go.cfm?objectid=18A2DB76-9E46-6F58-896E7F0ED16A5DFB.

    [3] Id[/i].

    [4] Id[/i].

    [5] C.f. Cox v. Louisiana[/i], 379 U.S. 536 (1965) (holding that “[i]t is clearly unconstitutional to enable a public official to determine which expressions of view will be permitted and which will not . . . by use of a statute providing a system of broad discretionary licensing power”).

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    Any updates on the Iowa situation?

  3. #3
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    Any updates on the Iowa situation?

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    Good luck, IA. I hope you squelch the whining sheriffs. TN had similar problems when sheriffs were the issuing authority back in the early '90s.

    ProguninTN

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    For anyone interested in following the Iowa situation, there has been a NPO formed with an active forum at iowacarry.org

    Thanks for the support!

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    The latest bill, HF 2613, lost on a tied and disputed procedural vote at the end of the session.
    This is MUCH better than we have done in the past two years and we are optimistic about next year.

    Check out www.iowacarry.org for information. We need more Iowans to sign up and join the movement.

    Roger Burdette
    Media Coordinator
    Board member
    Iowa Carry, INC.

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    Burddog wrote:
    The latest bill, HF 2613, lost on a tied and disputed procedural vote at the end of the session.
    This is MUCH better than we have done in the past two years and we are optimistic about next year.

    Check out http://www.iowacarry.org for information. We need more Iowans to sign up and join the movement.

    Roger Burdette
    Media Coordinator
    Board member
    Iowa Carry, INC.

    Isn't it fun to be able to contradict what the Anti's ALWAYS say...There will be OK Corral, bloodshed on the streets, bullets flying EVERYWHERE...all this just to prove to them that the legal residents/U.S Citizens ARE responsible and crime rate goes ???? Huh? What? That can't be right??? You said what? It's going DOWN?:what:

    TJ



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    YES it is!

    I see you are in Utah. I really appreciate my Utah non res carry permit. I am good in every state I travel through on business.

    Although 14 states honor the Iowa permit, Iowa honors none.
    Reciprocity is in the bill too.


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    Burddog wrote:
    YES it is!

    I see you are in Utah. I really appreciate my Utah non res carry permit. I am good in every state I travel through on business.

    Although 14 states honor the Iowa permit, Iowa honors none.
    Reciprocity is in the bill too.
    Sounds like Nevada forever til they just last year (Oct 1st, 2007) recipricated with 8 states and Utah being one of them. I think they added florida this year too.

    Progress happens...,just 1 step at a time.

    TJ

  10. #10
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    Mike -

    I strongly suggest that our members take a stronger approach than just supporting "shall issue" legislation in Iowa. Since this forum is about open carry, why not support the "Real Right to Carry" Bill, promoted by Iowa Gun Owners
    http://www.iowagunowners.org/?This is an Alaska/Vermont style "no permit needed" law which will fully recognize the Second Amendment in Iowa?

    Here is a link to the bill as introduced:
    http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook &ga=83&menu=text&hbill=HF596

    The bill is not perfect, but it is a vast improvement over anything else that has been introduced in recent years. It keeps the permit system, but only for "reciprocity purposes" for those states that might not recognize an Alaska/Vermont style law.

    I will state right up front that I am an Iowa Gun Owners member, lest there be any doubt. In my opinion, anyone who would like to see the law on open carry changed in Iowa can look only to Iowa Gun Owners for a legislative solution. To my knowledge, there is no other gun group in Iowa pursuing a change in the law that would affect open carry.

    In 2009, Representative Kent Sorensen (R - HD 74) introduced HF 596, which the folks at IGO refer to as "The Real Right to Carry" Bill. The short explanation of this bill is that it fully recognizes the God given second amendment right of all Iowan's to carry firearms for their own self-defense, whether concealed or open, anytime, anyplace, anywhere, without a "permission slip" from the government . . . As long as they are not otherwise barred by criminal history from owning or possessing firearms. In other words, the conditions for BEARING arms under this law, should it pass, would be the same as the conditions today for KEEPING arms.

    In the 2009 legislative session, HF 596 experienced a rather remarkable history. After Rep Sorensen introduced it, it was referred to the Public Safety Committee, where it was killed in sub-committee by Baudler (R), Olsen (D), and Reichert (D). It remained dead until late in the session, when Sorensen and Rep Jodi Tymeson (R) deftly and skillfully, through a mastery of the House rules, brought the bill to a floor vote (actually a vote to suspend rules to allow a vote on the bill), where the vote failed . . . BY ONE VOTE . . . 49-to-49 . . .

    As a side note, apparently the NRA has decided to "team up" with Iowa Carry and is planning on introducing a "shall issue" bill this session (I think the NRA is only getting involved because IGO has been so successful in their efforts - The NRA has shown absolutely no interest in helping change Iowa's CCW law for years). Everything I am hearing is that the NRA is loading it up with all kinds of "extra" anti-gun restrictions, new classes of "gun crimes,"etc.

    Please tell your Iowa gun owning friends to get behind the "Real Right to Carry" Bill, and to seriously consider joining Iowa Gun Owners
    http://www.iowagunowners.org/ . . . IGO is the only "no compromise" gun group in Iowa that fully supports the full meaning and intent of the "Right (as opposed to government granted privilege) to Keep AND BEAR arms."

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