I still argue the following point:
What authority does the officer have to assume you do not have a permit and stop you? Same goes for driving. There is no law allowing an officer to stop you in your car to make sure you have the proper government issued permission slip. And if I read Iowa Code 724 correctly, there is not a section that allows for him to stop you for that reason alone.
I could be wrong. Probably am.
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I'd argue that the government does not have the authority to demand a permission slip to carry a weapon or drive a car. Since licenses to drive and permits to carry weapons are both issued on a shall issue basis the ability of the government to deny these rights arbitrarily is largely moot. The problem I have is the violation of my Fourth Amendment rights of being required to produce such documents upon demand upon exercising my right to travel or to carry weapons. The government should not be allowed to violate one right in order to exercise another.
Oh, and officers do claim the authority to stop drivers to verify you have your papers in order.
http://coolice.legis.iowa.gov/cool-...ry=billinfo&service=iowacode&ga=83&input=321K
321K.1 ROADBLOCKS CONDUCTED BY LAW ENFORCEMENT
AGENCIES.
1. The law enforcement agencies of this state may conduct
emergency vehicle roadblocks in response to immediate threats to the
health, safety, and welfare of the public; and otherwise may conduct
routine vehicle roadblocks only as provided in this section. Routine
vehicle roadblocks may be conducted to enforce compliance with the
law regarding any of the following:
a. The licensing of operators of motor vehicles.
b. The registration of motor vehicles.
c. The safety equipment required on motor vehicles.
d. The provisions of chapters 481A and 483A.
2. Any routine vehicle roadblock conducted under this section
shall meet the following requirements:
a. The location of the roadblock, the time during which the
roadblock will be conducted, and the procedure to be used while
conducting the roadblock, shall be determined by policymaking
administrative officers of the law enforcement agency.
b. The roadblock location shall be selected for its safety
and visibility to oncoming motorists, and adequate advance warning
signs, illuminated at night or under conditions of poor visibility,
shall be erected to provide timely information to approaching
motorists of the roadblock and its nature.
c. There shall be uniformed officers and marked official
vehicles of the law enforcement agency or agencies involved, in
sufficient quantity and visibility to demonstrate the official nature
of the roadblock.
d. The selection of motor vehicles to be stopped shall not be
arbitrary.
e. The roadblock shall be conducted to assure the safety of
and to minimize the inconvenience of the motorists involved.
3. A law enforcement agency conducting a roadblock in accordance
with this section may require the driver to provide proof of
financial liability coverage required under section 321.20B.
The chapters 481A and 483A mentioned are Iowa code on wildlife, fishing, hunting, and firearms. I can't find it right now but as I recall the definition of "hunting" is written broadly enough that it basically takes the word of the officer to declare that you are hunting. If the officer can claim you are hunting and you don't have the proper license then you get to go away for a while. While we're on the topic of broad definitions the law on public intoxication is quite broad, an officer's word is about all it takes to convict.
http://coolice.legis.iowa.gov/cool-...=billinfo&service=iowacode&ga=83&input=123.46
2. A person shall not use or consume alcoholic liquor, wine, or
beer upon the public streets or highways. A person shall not use or
consume alcoholic liquor in any public place except premises covered
by a liquor control license. A person shall not possess or consume
alcoholic liquors, wine, or beer on public school property or while
attending a public or private school-related function. A person
shall not be intoxicated or simulate intoxication in a public place.
A person violating this subsection is guilty of a simple misdemeanor.
I have heard of abuse of this part of Iowa Code. An officer can arrest someone by simply declaring the person drunk or "simulating intoxication". The charge may not stick if challenged but they will ruin your day. This part of Iowa Code is usually used to clear the streets of what police think is too many college students in one place. I can see this abused to discourage open carry. Depending on how one interprets the law a conviction of public intoxication may indicate addiction and therefore invalidate any permit to carry weapons.
As I see it the laws are written in such a way that officers can stop anyone at any time and demand "papers". They can claim you are hunting, drunk, or armed to justify the stop. If you are driving then they can take blood, urine, or breath.
321J.6 IMPLIED CONSENT TO TEST.
1. A person who operates a motor vehicle in this state under
circumstances which give reasonable grounds to believe that the
person has been operating a motor vehicle in violation of section
321J.2 or 321J.2A is deemed to have given consent to the withdrawal
of specimens of the person's blood, breath, or urine and to a
chemical test or tests of the specimens for the purpose of
determining the alcohol concentration or presence of a controlled
substance or other drugs, subject to this section.
If you are driving then the law claims you have given consent for a drug test.
So much for "land of the free".