Tuesday, October 19, 2010

Linn county Sheriff, distorts new permit law

Linn County Sheriff, Brian Gardner doesn't know the law. But you be the judge.

According to this KCRG report, Sheriff Brian Gardner gives his "knowledgeable" opinion of the new permit law that will go into effect January 1st:
“We’re going from having some standards, while different, to having no standards whatsoever,” said Linn County Sheriff Brian Gardner.
Close, but not quite. There were (still are) 99 standards in Iowa because each sheriff could come up with his/her own criteria and restrictions. That was one of the reasons behind the new law.
“It’s not the concept of the “shall issue” it’s the lack of training session, it’s the lack of discretion from sheriffs whatsoever,” said Gardner.

There is a training requirement for issuing and for renewals. Just ask Bea about the new law. She completed a class conducted by the Washington County Sheriff's department in preparation for the upcoming law. (I guess someone in the Washington County actually read the new law (SF2379).)

There are also provisions in the new law that allows a sheriff's discretion. The only difference is that they will now have to list the reasons - and they need to be valid reasons. Not "because we don't like you."

So what's Gardner's solution? Local ordinances.

There is a state code that bans those in this case, but it wouldn't surprise me if they don't pass something and then the courts end up deciding.

You know, the final and best arbiters of our Constitutional rights.

West Burlington is facing a lawsuit from the NRA over their bans, and now Ottumwa is considering a ban, but from the comments on this article, Ottumwa may be backing down. But consider the anti-gun comments from Ottumwa's police chief, Jim Clark:
“It is expected that a large number of people will be acquiring concealed weapon permits in Wapello County, including a number of people who should not be allowed to do so."
I guess Chief Clark knows who should and shouldn't be "allowed" to have a firearm.

There's always that "I support the Second Amendment, but..." moment:
Sheriff Gardner says he’s not against giving out gun permits. This year, he’s only denied 35 permits and approved more than 1,300. Gardner says he asked every legislator to revise the law before it goes into effect on January 1st.
This reiterates my opinion that when you take power away from someone, they will always try to take it back.

Many other sheriff's around the state don't like the new law and from what I've found, only two actually supported it. Here's a few who don't like SF2379.

These LEO's don't think people should be "allowed" to have a firearm or have to justify themselves to carry one. That's how much they think of the citizenry.


David aka True Blue Sam said...

If the Linn County sheriff is really this ignorant, he needs to be removed from office in the interest of public safety. If he is grandstanding for his own political purposes, he is not serving the public as an elected official should.

Sheriff Dunbar in Washington County is really using his head by jumping into running classes through his department. He can insure that the classes are well taught, and turn out quality graduates, who will have a strong connection to the county's law enforcement officers.

strandediniowa said...

Sheriff Gardner lobbying the legislature to re-work the law seems to back up your assertion that he is a political creature.

Kudos to Sheriff Dunbar and his staff. They seem to "get it."

Funny thing is that the Iowa Department of Public Safety hasn't issued the training rules yet. They are the ones in charge of training standards in the state. (I'm sure Bea will be fine, though)

On the other hand, the outfit from Utah holding training classes at Gander Mountain in Cedar Rapids might not be up to snuff.

Don't know yet.

But there will be blood running in the streets. I know this because these anti-gun sheriffs imply that it will.

Reedie said...

DPS will NOT be issuing any training guidelines! The law does NOT authorize DPS to do this. Any certified instructor (certifying agencies (more than the NRA) are named in the code)can develop whatever class curriculum he/she is willing to put his/her name and certificate number on.

strandediniowa said...

The IDPS is the governing agency that is responsible for administrating the permit process in the state. That has not changed.

Section 724.9 indicates some the responsibilities of the IDPS for training. While NRA training and former military/law enforcement training (among other sources) is listed, it also lists IDPS as a source of certification of instructors.

From the IDPS website released on 10/13:

QUESTION: When will administrative rules be available?
ANSWER: Work will begin in the near future so that administrative rules will be in place by January 1, 2011, however, any such rules
will be adopted within the limits of rulemaking authority granted to the Iowa Department of Public Safety. There are numerous
sections of the new law that will stand alone, as written, and DPS does not have authority to provide additional clarifications or other
guidance by rule, except as specifically authorized in Iowa Code Chapter 724.

A hearing was attended by many regarding the new law on 10/13 at the IDPS. And governing rules by that agency is scheduled to be released later this month.

IDPS has a huge role in this process and many of us would like to have clarification sooner rather than later. There is indication of ambiguity among the rule makers in that agency.