Mobile Version: mobile.messengernews.net
 
RSS:
Fort Dodge Weather Forecast, IA
Fort Dodge Weather Forecast, IA
»BREAKING NEWS» Simpson faces four life sentences
Member Login: Email: Password:
Search: Local News Classified Web
Local News  Obituaries  Sports  Business  Business Directory  Lifestyle  Jobs  Local Classified  CU Galleries
  • Facebook
  • Twitter
  • Messenger Video
  • Sports Clips
  • Race Directory
  • Real Estate Buyers Guide
  • PROGRESS
  • Religion
  • Entertainment
  • CU ▼
  • Online Extras ▼
  • Online Forms ▼
  • Customer Service
  • Affiliated Sites ▼
  • Community Links
  • Fort Dodge Today Magazine
  • Farm News
  • Parade
  • Parade Games
Local News

Carrying guns in Iowa

A bill would alter how carry permits are issued in state

By HANS MADSEN, Messenger staff writer
POSTED: January 30, 2010

Article Photos


Several Iowa gun rights groups are working to change the way concealed weapons permits are issued by local sheriffs.

Sean McClanahan, president of Iowa Carry, a Clive-based gun rights organization, said his group is working to change Iowa law from a "may issue" to a "shall issue" system.

Under current law, each sheriff has broad discretion in whether or not they issue permits to carry.

Under a shall issue system, the sheriff would have to grant the permit to an applicant who has taken the required training, passed a background check and is not otherwise disqualified.

McClanahan believes the current system turns the legal tradition of innocent until proven guilty around.

"Until I do something stupid," he said. "I should be allowed to get the permit. ... You have to prove that you're innocent."

The lack of discretion in issuing is the biggest objection that local sheriffs have to the "shall issue" concept.

Webster County Sheriff Brian Mickelson objects to losing the ability to deny permits to people who he has reason to believe should not be carrying a firearm.

"I'm not going to give a permit to somebody who might hurt somebody or themselves," he said.

Humboldt County Sheriff Dean Kruger has the same concerns.

"We usually know our people," he said. "The state would have no clue."

Pocahontas County Sheriff Robert Lampe's sentiments are similar.

"The sheriff knows the people in his county," he said.

All three emphasized that they are not against people having guns, or carrying them. Mickelson explained that he is a strong supporter of Second Amendment rights.

Another proposed change would require standardized training throughout the entire state. Currently, the law lets each individual sheriff define adequate training. Some departments conduct their own training classes; others send applicants to private training courses.

"People want to know that those carrying at least know which end goes bang," McClanahan said.

Standardized training requirements would be welcomed by Mickelson.

"That, to me, makes sense," he said. "If somebody wants to carry a gun, eight hours of training isn't too much to ask."

Under current law, if an applicant is denied a permit, there is no formal appeal process. If the applicant feels something on their background check is in error and the cause of the denial, they can take the issue up with the Federal Bureau of Investigation.

McClanahan would like to see that change.

"There is no recourse if you're turned down," he said. "We're not saying the sheriff can't deny, but the final decision should be the judges' job."

In Webster and nearby counties, rejection of applications for reasons other than failed background checks or inadequate training seem to be a rarity.

"In nine years of issuing," Lampe said, "there's only been one refusal."

According to Humboldt County's Kruger, there's a gulf between the public perception of the difficulty of obtaining a permit and the reality.

"I don't think there's as many refusals as people think," he said.

An Iowa permit to carry a concealed weapon is valid in all 99 counties. It's also recognized by 13 other states, including neighbors Missouri, Nebraska and South Dakota.

Iowa, on the other hand, recognizes no other state's permits, something that would change under the proposed law changes.

McClanahan said the Iowa attorney general's office would be tasked with determining which other states had issuing requirements that met Iowa's standards before deciding which permits to honor.

"Iowa should recognize those permits," he said.

He would also like to see changes made to the availability of the personal data on the permits. It's currently considered a public record. While it would still be open to inspection, publication of the data in the media would be prohibited. He cites danger to the permit holder's safety and the already extensive list of professional carry permits that are off limits.

Richard Cook, sheriff of Rice County, Minn., was in office when Minnesota changed its law from may issue to shall issue in 2003.

His concerns at the time were similar to the concerns of sheriffs in Iowa: losing the ability to have discretion in issuing permits. Some of those concerns were addressed when he was invited to meet with lawmakers while the law was being drafted.

"We were able to gain some concessions," he said. "We have the ability to disqualify somebody if they presented a danger to themselves or others."

Sheriffs in Minnesota have to state in writing why a permit was denied and be able to show documentation in case the applicant appeals the decision. The final decision is made by a judge after a hearing.

Another aspect of Minnesota's law with which Cook has become more comfortable is that sheriffs and trainers, if they practiced "due diligence" during the permit process, have immunity from liability if the permit holder harms someone or misuses the permit.

In Iowa, McClanahan is optimistic that the legislation will be passed by the Iowa House and Senate.

"Chances are pretty good," he said.

State Rep. David Tjepke, R-Gowrie, rates the chance for passage of the legislation at about 50-50. While he supports the basic concept of the law, he said he also believes that sheriffs still need some control over the process.

"You can't put the sheriffs in limbo," he said.

He is also concerned about the lack of an appeals process under current law.

"Any criminal has a right to appeal," he said. "With a gun permit, why should that not be allowed?"

State Rep. Helen Miller, D-Fort Dodge, is still in the process of becoming more familiar with the issue. She said she understands the sheriffs' concerns, as well as those of the public.

"I think it should be fair," she said.

She would welcome input from people on both sides of the issue, she said.

"I want to hear from all sides," Miller said. "You gotta talk to me."

Aaron Dorr, the leader of the Des Moines-based gun rights group Iowa Gun Owners, would like to see more aggressive changes to the law than those McClanahan's group supports. His proposal, which he calls the "Real Right to Carry Bill," would eliminate the need for a permit to carry a concealed weapon. Only two states allow that. They are Alaska and Vermont.

McClanahan, while he agrees with the basic concept, doesn't believe there's much chance of such a drastic change.

"We've had a hard enough time going from may issue to shall issue," he said. "It's just not politically feasible."

McClanahan and Dorr both believe that much of the issue comes down to people wanting to reclaim what they describe as lost rights. McClanahan cited such examples as the Gun Control Act of 1968 and the 1994 Clinton Assault Rifle Ban, which was allowed to sunset in 2004 by the Bush Administration, as examples of the attrition of rights.

"We lost rights a little at a time," he said. "We have to take them back little by little."

Contact Hans Madsen at (515) 573-2141 or hmadsen@messengernews.net

 
Share:
Facebook  MySpace  Digg  Stumble    Mixx  Fark  del.icio.us   LiveSpaces
 
Member Comments
View Comments: | 1-11 | Post a comment
NamVet
02-01-10 7:14 PM
Last post correction: double.....the keyboard has been drinking, not me!

NamVet
02-01-10 6:33 PM
Boat...: ever heard of "fiction"? Douoble entendre? satire? history?

NamVet
02-01-10 12:08 PM
Welcome to DODGE....tie your Mustang at the railing and check your guns at the saloon door!! Any problems see Sheriff W. Earp.

soundco
01-31-10 10:33 PM
con't from last post...-- all the guns they want. In every instance where anti gun laws of the past were overturned and the citizens allowed to protect themselves from criminals overall crime rates have plummeted. For some reason criminals aren't quite so eager to commit nefarious acts when there's the possibility that they might get shot in their attempt. I wish I knew why those that hate guns want us to be unarmed victims but I suspect it's their sick desire to be control of every aspect of our lives (and deaths). Our founding fathers knew how important it is for citizens to be armed. That's why they gave us the 2nd amendment and said it 'shall not be infringed."

soundco
01-31-10 10:12 PM
I am well read when it comes to the 2nd amendment and what this issue boils down to is uninformed and misinformed people sharing and pushing their ill conceived prejudices against guns. Most media outlets are willing pawns of the anti gun establishment to demonize guns and gunowners. This has been going on for a very long time. In the 60's it was the deaths of JFK, Bobby, and MLK Jr. that got the gun banning mob some public sympathy for their cause and of course a media that learned that sensationalism sold papers. Then in the 70's the antigunners started crowing about "Saturday night specials", in the 80's it was "cop killer bullets" and more recently it is 'assault weapons". Slowly but surely, misinformed people started fearing law abiding citizens having the ability to defend themselves. NYC, Chicago, San Francisco, Washington DC and others passed draconian laws restricting citizens from owning guns when NO law can prevent criminals from carrying all the gu

stephen
01-31-10 11:24 AM
There needs to be a standard system in Iowa for issuing permits. Most other states have a standard system in place now and are costantly making it better. I lived in Iowa for 18 years and watched this mess first hand. I could get a permit in one county and a friend in the next county over, could not. If this issue were about your right to vote, hold office or any other right, people would be screaming like a scalded cat! A permit issued by one county is good statewide and in 15 other states. You can check this out at ***********handgunlaw.us/ A few Sheriff's clam they won't issue permits because the wrong people would get them. I call foul on this one! If a citizen can pass the FBI national check, they are not a criminal. The few Sheriff's that will not issue, do not tell you that these shady types won't come close to the Sheriff's office and apply for a permit. They do not want to be recognized by law enforcement and want to keep a low profile.

Retcop
01-31-10 10:49 AM
Retcop

The state and or the sheriff should allow ret. Law Officers to carry.

bythehorns
01-31-10 9:43 AM
I would like to see them have a schedule to get a permit. If you call them in Webster County you get the run around. They do not get back to you with when they will have a class on it. I have lost mine because I forgot to check the expiration date 2 years ago and I still have not been able to get information on another class.

NObama
01-30-10 11:00 AM
The big problem with the way the law is now is not really that the sheriff makes the call... it is that they can make the call to deny for no good reason. If you live in Story County for instance... forget it. You are not getting a permit. Why? Cause the liberal sheriff there does not believe citizens should be able to carry handguns. The sheriffs should be required to uphold the constituion no matter what their political views are.

Skipper
01-30-10 9:42 AM
I live in an adjoining state, and I travel to Iowa once or twice a year to visit family members and friends. I have a concealed carry permit issued by my home state, but it isn't recognized by Iowa. I would like to see more states, including Iowa, recognize permits issued by other states. The training is virtually the same whatever state issues the permit. Such recognition hasn't caused any problems from people with drivers' licenses from another state as they drive across state borders. Lets extend the same recognition to properly issued concealed carry permits inasmuch as there is no great difference in the training required.

stephen
01-30-10 9:34 AM
This is a very good article and I agree that Iowa needs to have a good shall issue carry law.Most of the other 48 states that allow carry are shall issue. They do not have a problem with the permit holders. The criminals will always have firearms.

You must first login before you can comment.
Existing Member Login
Not a Member?
Create a Member Account  
*Your email address:
*Password:
    Forgot Password?
  Remember my email address.
 
Local News  Obituaries  Sports  Business  Business Directory  Lifestyle  Jobs  Local Classified  CU Galleries