Legal Commentary

Claim that Concealed Carry Permit Was Unconstitutionally Denied Based on Defendant?s Political Activity

By Eugene Volokh

Dorr v. Weber (N.D. Iowa May 18, 2010) allows the claim to proceed, under the Equal Protection Clause and the First Amendment. Of course, that?s not a finding that the permit was indeed denied because of Paul Dorr?s ?community activism activities and association with the Osceola County Taxpayer Association,? as opposed to (according to the sheriff) ?because of safety concerns raised by members of the public regarding Paul [Dorr]?s demeanor.? It just means that a jury will decide this at trial, unless the case is settled.

At the time of the events in this case, Iowa had a discretionary issue system for concealed carry permits. It switched to shall-issue just this month.

Full post as published by The Volokh Conspiracy on May 25, 2010 (boomark / email).