Iowa Sheriff's Don't Want to Give Up Control of Concealed Carry

[Harpo]

Runde says:"And we're going to give people like that permits to carry? That's not gonna happen, and I won't give 'em to those people. Just because they didn't get convicted 'cause their wives wouldn't testify, doesn't give them a right to carry a gun that they may end up using in a domestic violence situation."

He's more than just confused - Sheriff Runde is not well versed in Iowa law. If he has reason to believe that domestic abuse has occurred, he is bound by a "shall arrest" statute:

236.12 Prevention of further abuse--notification of rights--arrest--liability.

1. If a peace officer has reason to believe that domestic abuse has occurred, the officer shall use all reasonable means to prevent further abuse...

2.
a. A peace officer may, with or without a warrant, arrest a person under section 708.2A, subsection 2, paragraph "a", if, upon investigation, including a reasonable inquiry of the alleged victim and other witnesses, if any, the officer has probable cause to believe that a domestic abuse assault has been committed which did not result in any injury to the alleged victim.

b. Except as otherwise provided in subsection 3, a peace officer shall, with or without a warrant, arrest a person under section 708.2A, subsection 2, paragraph "b", if, upon investigation, including a reasonable inquiry of the alleged victim and other witnesses, if any, the officer has probable cause to believe that a domestic abuse assault has been committed which resulted in the alleged victim's suffering a bodily injury.

c. Except as otherwise provided in subsection 3, a peace officer shall, with or without a warrant, arrest a person under section 708.2A, subsection 2, paragraph "c", if, upon investigation, including a reasonable inquiry of the alleged victim and other witnesses, if any, the officer has probable cause to believe that a domestic abuse assault has been committed with the intent to inflict a serious injury.

d. Except as otherwise provided in subsection 3, a peace officer shall, with or without a warrant, arrest a person under section 708.2A, subsection 2, paragraph "c", if, upon investigation, including a reasonable inquiry of the alleged victim and other witnesses, if any, the officer has probable cause to believe that a domestic abuse assault has been committed and that the alleged abuser used or displayed a dangerous weapon in connection with the assault.

3. As described in subsection 2, paragraph "b", "c", or "d", the peace officer shall arrest the person whom the peace officer believes to be the primary physical aggressor. The duty of the officer to arrest extends only to those persons involved who are believed to have committed an assault. Persons acting with justification, as defined in section 704.3, are not subject to mandatory arrest. In identifying the primary physical aggressor, a peace officer shall consider the need to protect victims of domestic abuse, the relative degree of injury or fear inflicted on the persons involved, and any history of domestic abuse between the persons involved. A peace officer's identification of the primary physical aggressor shall not be based on the consent of the victim to any subsequent prosecution or on the relationship of the persons involved in the incident, and shall not be based solely upon the absence of visible indications of injury or impairment.

 

[igpoobah]

situations where the sheriffs know the individuals personally and they are not the type they would want to see carrying weapons

This is the line I have problems with. Who made them God over MY life? Who are they to judge ME!

Proud Arkansan ya'll!

 

[IA_farmboy]

From the Linn County Sheriff's website...

QUESTION
What does a person need to get a permit to carry a concealed weapon (non-professional or professional)?

ANSWER
Applicants must show a valid ID issued from the Iowa Department of Transportation with a current address along with a completed application and justification for review by the Linn County Sheriff. Applications for self-protection will not be approved.

After applying, the person will enroll in and attend a weapons class, and will be qualified at the shooting range. Following that, the individual will be fingerprinted by the Sheriff's Office, which costs $10.00 cash, with an additional $10.00 cash charge for the permit itself. (The cost to renew each year thereafter is $8.00 cash.)

A professional permit would also require an employer's authorization on the application, along with a letter on company letterhead stating they are employed with that company and requests the individual to carry a concealed weapon while on duty. The cost of the permit is $25.00 cash.

Why would someone desire to get a concealed weapon permit other than to protect oneself? Word through the grapevine is that the sheriff will grant a permit if one carries more than $500 on their person. I guess the county values human life at about $499.

I was looking for the laws on getting a permit some time ago out of curiosity and had trouble finding it. It turns out the "criminal division" handles the processing of a CCP. That is not where I expected to find it. I guess the county views all applicants as criminals.

I've heard the sheriff plans to retire. I'm going to wait and see if the next sheriff has a better policy toward concealed weapons.

 

[eastwood44mag]

Fitzgerald won't issue a permit unless you work for an armed security firm. End of discussion.

I really don't think he's unbiased.

 

[JERRY]

that sheriff does not even know the law.....

per the lautenberg amendment a spouse's testimony in court is no longer required to prosecute a domestic vilence case......

911 call comes in, wife/girlfriend says "my husband/boyfriend has beat me, i need the police".

cops get there, the victim has a black eye, or busted lip...et cetera, tells the cops she got that from "him"...they take him in as per the law.

goes to court, she dummys up, 911 tape is played of her statements during the call, officer's "rat-pak"/body mic recording is played of her statements on scene, photos of the "victim" are shown depicting the injury, EMS personnel testify as to her injuries whether transported or she denied treatment.

"she" the "victim" does not have to testify in court under these circomstances a conviction is easy to obtain...ive seen it done.

but ive also seen it done where there was NOTHING more than her "word" against his and he got railroaded in a kangaroo court.

that sheriff is a dolt. his statements make him look even more stupid everytime he makes one. but people get the government they deserve....

 

[Autolycus]

Originally posted by Degrees: They are denying you your 2nd Amendment rights based on their own liberal views and are not following the law as stated.

I would argue that every state that requires a permit, training, and permission from the state is violating your 2nd Amendment rights.

 

[JERRY]

true, it appears that Alaska and Vermont are the only truly free states for ccw and Virginia for open carry.

 

[LoneStranger]

While it is true that the 2nd A. says no infringement, unfortunately many find themselves in the frying pan on the fire from infringement. The trick is to get to the counter of freedom while spending the least amount of time in the fire.

Sometimes you have to go with the doable while keeping the great goal in mind.

The Sheriff's need to be put out of office when electiontime rolls around and the replacements need to be closely questioned about adherence to Constitution.

Remember, the only WASTED vote is the one not used.

 

[Winchester 73]

true, it appears that Alaska and Vermont are the only truly free states for ccw and Virginia for open carry.

There are many states for OC:

http://www.opencarry.org

 

[Coronach]

What legal question is being asked?