Federal judge orders Osceola Co. sheriff to issue gun permit

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Federal judge orders Osceola County sheriff to issue gun permit

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.

Iowa sheriff must issue gun permit, federal judge rules

A federal judge has ruled an Iowa sheriff violated a man’s First Amendment rights when he denied the man’s application for a permit to carry a weapon.

U.S. District Court Judge Mark Bennett ordered Osceola County Sheriff Douglas Weber on Wednesday to issue a permit to carry a weapon to Paul Dorr of Ocheyedan.

The ruling states that Dorr had received permits in previous years when he traveled the country to protest outside abortion clinics and had been arrested and that Weber, after becoming sheriff, only denied Dorr’s request in 2007 after he began working with a taxpayer’s group questioning county spending.

Bennett also ordered Weber to take a college level class on the U.S. Constitution.

Weber declined comment.

[YugoRPK]

Shall issue. Its a good thing!

[Diomed]

"The harm done by Sheriff Weber against the 6th and 9th commandments has been made right."

The sheriff was coveting someone's wife and committing adultery?

[TROOPER]

The sheriff was coveting someone's wife and committing adultery?

I saw that and didn't know what the hell he was talking about. I still don't.

That sheriff needs to be fired. I don't care that he's publicly elected, he violated a law so basic it is literally the first enumerated right of every American. It wasn't even subtle.

"I swear to uphold the law (that I agree with, as I see fit, and in basic disregard to the Constitution. I'm so smart I out-think the founding fathers and have successfully started my own country that has lasted over 200 years.)" Oh s--t, wait, that dumbass did no such thing.

Fired. What the hell ever. That sheriff should voluntarily quit as soon as he makes it through his class and realizes what a total F--k-hole he was.

I can't help but wonder; do you suppose he'd give someone over to a lynch mob too? I mean, public pressure being what it is, God forbid anyone - and especially someone specifically designated to do so - should do what's right, just, fair, moral, ethical, and legal in the face of a little booing. Spineless fucking sack of s--t. The judge should have ordered him to brush his teeth too - his breath probably smells like s--t from sticking his suck-hole up the ass of every whacked out voter who pissed-and-moaned over a pamphlet.