Judge orders sheriff to issue gun permit (& requires him to take a course on the Constitution)

Sioux City Journal ^ | 7-18-10

[conimbricenses]

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.

[conimbricenses]

This is one of the most awesome opinions I've ever read. The local sheriff denied this guy his CCW renewal because he didn't like the guy's political activities. The judge ordered him to issue a permit, and is requiring the sheriff to complete a class on the Constitution for violating the guy's first and second amendment rights.

If only we could find a judge who would do the same thing to every cop in America, not to mention most of Congress.

[Regulator]

is requiring the sheriff to complete a class on the Constitution for violating the guy's first and second amendment rights

If the Judge agreed that he violated the man's rights then he should have jailed the sheriff.

[BenLurkin]

Who is teaching the course. Someone who believes in the Constitution or some pinko?

[conimbricenses]

Apparently the sheriff was pissed at Dorr because of his involvement in a campaign to cut county spending and defeat a bunch of bond referenda that would've made the sheriff's cushy job even cushier. So yeah, I do think tossing this thug with a badge in jail would've been completely appropriate.

But since the judicial system rarely prosecutes cops for anything - even the bad ones - I'll count this as a victory.

[conimbricenses]

According to the ruling the judge is requiring the sheriff to submit the course to him for approval before enrolling. The judge is a Clinton appointee, but seems to be real big on the Bill of Rights.

[catbertz]

Fantastic!

[RnMomof7]

I want this guy on the Supreme court

[P-Marlowe]

U.S. District Court Judge Mark W. Bennett has ordered Osceola County Sheriff Douglas L. Weber... to complete a college-level course involving the First Amendment.

Having studied the First Amendment in college, I think this was a stupid ruling. College level courses are generally run by communists and socialists who view the first amendment as something only designed to promote socialism and communism.

He should have simply ordered the Sheriff to read the Federalist Papers and Thomas Paine and the letters of Thomas Jefferson and turn in a book report to him.

That being said, I don't think the Judge had the authority to issue this order. He may have had the authority to force him to issue a permit (under a writ of mandamus) but he certainly had no authority to send him to a re-education camp.

[TYVets]

I wonder what the odds are that 0bama will throw Elena Kagan under the bus and replace him/her with Judge Mark W. Bennett ?

January 1, 2011 Iowa joins the long list of states that are deemed "shall issue" concealed carry.

[TYVets]

U.S. District Court Judge Mark W. Bennett was appointed by

President George W. Bush

[American Constitutionalist]

Now if all politicians, police, judges were serious about the US Constitution as this REAL judge is, this country would be a better place.

[P-Marlowe]

Now if all politicians, police, judges were serious about the US Constitution as this REAL judge is, this country would be a better place.

Ok, here's a question for you. Under what section and clause of the constitution does it grant a federal judge the authority to send a sheriff to a re-education camp?

His ordering the sheriff to issue the permit was permissible under a writ of mandate. Clearly the judge had that authority.

But doesn't it scare you that a Federal Judge can actually order someone to take a college level class in the First Amendment?

And do you think there is a college in America that teaches the First Amendment from an originalist viewpoint?

Frankly this decision scares me. If a conservative judge can order a liberal to a re-education camp, then cannot a liberal judge do that to you or me?

[Michael Barnes]

whoa..whoa..whoa...
EVERY Cop in America? Man, don't paint them with such a broad brush..Thousands and thousands of good cops out there (quite a few on this board). Don't let a few bad apples spoil it for all LEO...

[sinanju]

A ruling worthy of Judge Roy Bean.

[dljordan]

“He may have had the authority to force him to issue a permit (under a writ of mandamus) but he certainly had no authority to send him to a re-education camp.”

You are right sir.

[Alamo-Girl]

Thank you for sharing your insights, dear brother in Christ! You are on a roll today.

[Beaten Valve]

SLAP!

[P-Marlowe]

You are right sir.

Thanks.

Frankly I was expecting that the first post in reaction to mine would be for someone to call me an idiot.

The tendency towards tyranny is not solely the province of the left. The left is just better at it. They have more experience.

[Graybeard58]

but he certainly had no authority to send him to a re-education camp.

It does reek of that, even though some folks need to be re educated - or educated.

[SunkenCiv]

Well well.