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Judge orders Iowa sheriff to issue gun permit
Sioux City Journal ^ | 7/8/2010

Posted on 07/08/2010 10:17:19 AM PDT by Paraclete

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To: bamahead

ping!


21 posted on 07/08/2010 11:59:36 AM PDT by ellery (It's a free country.)
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To: Constitution Day
He's {0bama} from the "emanations into the penumbra" school. Ugh!
Don't forget the "Negative Rights" school. He got that on the record in his 2003(?) NPR interview. Whenever you hear the phrase "negative rights" regarding the Constitution, you know you're listening to a progressive. Probably one who fundamentally despises the Constitution.

Peet (who used the phrase "negative rights" - does that make me a progressive?)
22 posted on 07/08/2010 12:41:40 PM PDT by Peet (<- A.K.A. the Foundling)
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To: Paraclete
What I never understood is the Constitution says Congress shall create any laws infringing on my rights to keep and bear arms. Then it lets state and local governments do exactly that. They force me to get government approval to carry a concealed weapon which can be arbitrarily denied by some local law enforcement official for any reason he sees fit.
23 posted on 07/08/2010 1:06:35 PM PDT by Americanexpat
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To: MediaMole

I can certainly take a gun out of my house, put it in my car, and drive off with it. I’m supposed to keep the ammo and the gun separate and keep the gun where the driver cannot reach it.


24 posted on 07/08/2010 1:26:28 PM PDT by RonF
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To: Titus Quinctius Cincinnatus
Take a class on the what? Never heard of that thing before.

Uh, unfortunately neither have most "U.S." college professors either...

25 posted on 07/08/2010 2:00:38 PM PDT by Paul Ross (Ronald Reagan-1987:"We are always willing to be trade partners but never trade patsies.")
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To: Peet
Whenever you hear the phrase "negative rights" regarding the Constitution, you know you're listening to a progressive. Probably one who fundamentally despises the Constitution.

BUMP!


26 posted on 07/08/2010 2:04:43 PM PDT by Paul Ross (Ronald Reagan-1987:"We are always willing to be trade partners but never trade patsies.")
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To: pnh102

Exactly. Give the judge points for protecting Dorr’s First Amendment rights but perhaps the judge should take a remedial course in 2A. With a reading for comprehension prerequisite. The CCW permit should never have been an issue in the first place.


27 posted on 07/08/2010 2:24:34 PM PDT by magslinger (If recycling makes cents as well as sense, I am all for it.)
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To: Paraclete

http://blogs.desmoinesregister.com/dmr/index.php/2010/07/08/federal-judge-blasts-iowa-sheriff-for-denying-gun-permit-to-nut-job/
“”“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 … Paul Dorr,” wrote U.S. District Court Judge Mark W. Bennett of the Northern District of Iowa...

The Dorr case, filed in October 2008, inspired some grassroots activists to push for changes in the state law that gives Iowa sheriff’s almost unlimited discretion to deny weapons permits.

After intense lobbying from Iowa gun rights advocates and the National Rifle Association, state lawmakers earlier this year approved legislation that spells out a narrow list of reasons why a sheriff can deny a permit. The new law takes effect Jan. 1, 2011.

In his ruling Wednesday, Bennett ordered the Osceola County sheriff to immediately issue Dorr a nonprofessional permit to carry a weapon....

“In denying (Dorr) a concealed weapons permit, Sheriff Weber single-handedly hijacked the First Amendment and nullified its freedoms and protections,” Bennett wrote...

Weber testified that after Dorr began to work with a group that challenged the county budget: “People started talking about it saying things like, ‘Oh, that guy’s a nut job. Oh, that guy’s whacko.’”””


28 posted on 07/08/2010 3:16:21 PM PDT by iowamark
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To: Paraclete
"Bennett also ordered Weber to take a college level class on the U.S. Constitution."

Judge Bennett "bitch slaps sheriff Weber"

29 posted on 07/08/2010 5:18:39 PM PDT by piroque (God bless Lee and the rest of the True Americans. . ." The Confederates”)
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To: RightFighter

“Dorr was denied a permit precisely because Sheriff Weber believed that his free speech rights offended the majority of voters in Osceola County,” Bennett wrote in his ruling.


30 posted on 07/08/2010 5:27:28 PM PDT by B4Ranch (Remember, guys, the enemy is to the left.)
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To: B4Ranch

Weber should have been ordered to issue the permit as his last official act in office.


31 posted on 07/08/2010 5:29:26 PM PDT by Larry Lucido (You can evade reality, but you cannot evade the consequences of evading reality. ~Ayn Rand)
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To: Larry Lucido

He holds an elected seat. I don’t want judges removing any elected official without a jury trial.


32 posted on 07/08/2010 6:34:37 PM PDT by B4Ranch (Remember, guys, the enemy is to the left.)
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To: B4Ranch

Well that’s just stupid. It’s still his SECOND amendment right that was being violated. If the sheriff had arrested him to prevent him from participating in the group’s activities, that would have been a first amendment violation. So, it turns out that - back to my original question - it was the judge who was wrong.


33 posted on 07/08/2010 7:45:19 PM PDT by RightFighter (So this is how liberty dies - with thunderous applause!)
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To: RightFighter

Did you read the article? The sheriff withheld his permit because he was exercising his 1st Amendment rights.


34 posted on 07/08/2010 7:58:20 PM PDT by B4Ranch (Remember, guys, the enemy is to the left.)
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To: B4Ranch

Yes, I can read. The sheriff violated the man’s 2nd amendment rights because he didn’t like the way the man was exercising his first amendment rights. If the story was that the sheriff had interfered with the man’s ability to speak out, then it would have been a first amendment violation.


35 posted on 07/08/2010 8:03:17 PM PDT by RightFighter (So this is how liberty dies - with thunderous applause!)
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To: ctdonath2; pnh102

“Historically, concealed carry was presumptive proof of criminal intent”

.
Leftist balderdash!

At the time the country was founded, every “gentleman” carried a discreetly concealed weapon. Restrictions have always been unjust, and immoral. Most gun laws arose in the aftermath of the civil war, to control the “freed” slaves.

You need to read more John Lott.
.


36 posted on 07/08/2010 8:46:19 PM PDT by editor-surveyor (Obamacare is America's kristallnacht !!)
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To: xjcsa
I'm not sure what part of it you don't understand.

Neither am I. I must have gotten discumbobulated or something like that. Regards.

37 posted on 07/08/2010 10:50:16 PM PDT by Mark17
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To: editor-surveyor; ctdonath2
At the time the country was founded, every “gentleman” carried a discreetly concealed weapon. Restrictions have always been unjust, and immoral.

Agreed. Besides, criminals aren't going to care about these stupid sorts of laws when they carry concealed weapons. Nor are any going to bother with the process of getting a fully revocable government "blessing" to carry a concealed weapon either.

As far as I am concerned, a gun should be treated no different than any other piece of personal property. Most people conceal their wallets, why should a gun be treated any differently?

38 posted on 07/09/2010 2:54:08 AM PDT by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
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To: B4Ranch
He holds an elected seat. I don’t want judges removing any elected official without a jury trial.

Why not? This commissar willingly and knowingly deprived a law abiding citizen of his God-given constitutionally guaranteed rights. He has no place being a sheriff, or even a dog catcher, in my book.

39 posted on 07/09/2010 2:57:00 AM PDT by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
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To: pnh102

Then put it to a jury of voters, not a politically appointed position.


40 posted on 07/09/2010 5:09:03 AM PDT by B4Ranch (Remember, guys, the enemy is to the left.)
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