My sheriff thinks he writes the law for permits to purchase handguns!
I recently went in to renew my annual permit to purchase handguns (APP)and was turned away because I didn't have all the paperwork. Turns out that the Johnson County sheriff, going well beyond the scope of the written law for the required ID for a permit to purchase (which is nothing more than a valid Iowa drivers license/ID), and requires applicants to furnish not only the Iowa DL/ID card, but also a voter registration card (no doubt to screen for party affiliation as the sheriff is an ultra-leftdemocrat), a copy of ones rental agreement or mortgage, anda utility bill that is more than 30 days old.Needless to say, expecting only to have to provide the legallymandated drivers license, I was turned away (and VERY upset)! I wrote a letter to the NRA Institute for Legislative Action asking for help (below),and I'vechecked all the applicablelaws to verify that I am correct and the sheriff is overstepping hisauthority by requiring much more than the law requires. I'm wondering if anyone here (North Texan)has anyother suggestionsfor what I might do in this case toget the sheriff to comply with the law.
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I recently moved back to Johnson County, Iowa from Linn County. While living in Linn County I applied for a recieved two permits to purchase handguns, and both times all that was required was that I filled out the necessary paperwork and displayed a valid drivers license with my current address on it. Since I've moved and my prior permit to purchase had expired, I went into the Johnson Cty Sheriffs office to renew it. When I got there told me I needed to provide them not only with a valid drivers license, but also a voter registration card, a copy of my rental agreement and a utility bill that was at least 30 days old adressed to my current address to prove that I'd been living in Johnson Cty for 30 days. Of course, I had none of these things except my drivers license on me so I was turned away. Since the Linn Cty Sheriff never required these documents I checked the Iowa Code to see what it required. According to Iowa Code 724.17 an applicant is required to "display an identification card that bears a distinguishing number assigned to the cardholder, the full name, date of birth, sex, residence address and brief description and colored photograph of the cardholder, or other identification as specified by rule of the department of public safety." An identification card, as defined by Dept. of Public Safety Administrative Rules, 661, Chapter 4.1, is defined as "1. Nonoperator's identification card issued by the Iowa department of transportation. 2. Motor vehicle license issued by the Iowa department of transportation." In addition, AR 661, Ch 4.5(1) states that in order to recieve an annual permit to purchase "The applicant shall: a. Submit a fully completed application form; b. If requested by the sheriff, submit two completed fingerprint cards; and c. Display an identification card as defined in rule 661-4.1(17A, 724)." It seems to me that, by requiring additional paperwork and identification beyond the scope of the legally required identification that the sheriff of Johnson County is not only violating Iowa Law and the proceedural rules set forth by the Dept. of Public Safety, but he is also using his influence as an anti-gun partisan politican to make it exceedingly difficult for citizens to acquire the necessary permit to purchase handguns. Sheriff Pulkrabec is a liberal democrat and anti-gun rights politican in one of the most liberal anti-gun counties in the state of Iowa. As a law enforcement officer first it is his duty to uphold and COMPLY WITH the law as written, not as he envisions based on his political beliefs or agenda.
Therefore, I am writing you so see if there is any action that the NRA can take to force the Sheriff of Johnson Cty Iowa to comply with state law and afford the citizens of this county equal protection under Iowa law.
RE: My sheriff thinks he writes the law for permits to purchase handguns!
Yep, this sounds like another case of some holier-than-thou sheriff flexing his muscle over the "common folk". And who wants to bet he's not going to run right over to your place and defend you himself when some thug comes busting in the front door?
You might want to consider contacting GOA about this as well.
Can't really think of anything I could do to help, but please keep us informed on this BS situation.
RE: My sheriff thinks he writes the law for permits to purchase handguns!
You may want to talk to some owners of local firearms stores and make them aware of what is going on. I am sure that there are some gun store owners that would jump at the chance to rally together to ge this taken care of. Posting flyers in their stores, talking to their customers, etc... etc... There might even be a gun toting lawyer or two that would love to take this guy down and may not even charge anything.
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RE: My sheriff thinks he writes the law for permits to purchase handguns!
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You might want to consider contacting GOA about this as well.
Great idea. I forgot about the GOA, but their director (Gottlieb?) has always been a very outspoken (and wellspoken) advocate of gun-rights at the grass roots level.I fear than this problem might pass under the NRA's radar, eventhough it is exactly this sort of thing that they ought to be fighting.
I printed off the relevant sections of the Iowa Code and the Administrative Rules from the state Department of Public Safety regarding handgun purchase permits, and I think I'm going to take them down to the sheriffs office and ask them why they illegally mandate documentation beyond what the law allows. It is probably wishfulthinking, but maybe the idiot that wrote that policy just didn't know the law. Of course, the idiot that endorsedthe policy (the sheriff) also didn't know the law (bad), or didn't care about it (worse but more likely).
I guess this is my opportunity to fight the good fight. Wish me luck!
RE: My sheriff thinks he writes the law for permits to purchase handguns!
I just sant a similar email to the GOA asking for help. Hopefully someone at either the NRA or GOA will go to bat for us at the truly grassroots level. Unfortunately, I can't afford to hold my breath with the NRA, but I have hope with the GOA. We'll see.
RE: My sheriff thinks he writes the law for permits to purchase handguns!
A lot of jurisdictions require some type of utility bill to prove residency so they are not issuing permits to somebody who lives out of their jurisdiction. having said that, I don't think any Sheriff or government official anywhere can require a voter registration to obtain a permit. You might want to check with an elections office or your state's version of the Fair Political Practices Commission to see if that is legally allowed (I'm betting it isn;t).
As for putting pressure on your Sheriff, does your county have a Board of Supervisors or some other county level government body that decides who gets what budget? Although 1 elected official doesn't like telling another what to do, they also don't like getting complaints from constituents. And if you have a supervisor who's pro-gun, why that could be an interesting conversation when he checks with that Sheriff about his CCW permit process and then has to decide on the upcoming budget.
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RE: My sheriff thinks he writes the law for permits to purchase handguns!
My guess would be that you might check into a 42 U.S.C. Sect. 1983 cause of action. Most governmental entities enjoy a large degree of immunity, but a 1983 action is a different story. If he is using his position of authority to abuse your rights, and he has a history of doing this to others, you might have something. If nothingelse, you mightbe seen as enoughof a potential threat that he might lay off a little bit. Sorry I can't be of more help, but I'm not an attorney (yet) and I'm not certified to practice in Iowa.
By the way, you may think I'm crazy (which is a real possibility), but you might contact the ACLU. They love to sue the government for infringing on peoples rights, and they know about as much about 1983 actions as anyone. I'm not saying they will help, but the worst they can do is say "No." Another option might be to visit with the county attorney's office. Complain to them, and they might take some action on their own to prevent anunnecessary lawsuit.
RE: My sheriff thinks he writes the law for permits to purchase handguns!
Here are the relevant sections of the Iowa Code (2005) for those who are more legally minded. Now, I'm not a lawyer, having only a few criminal justice courses under my belt, but despite my public school education I can read, and it seems to me that the law is clear on this matter.
724.17 APPLICATION FOR ANNUAL PERMIT TO ACQUIRE -- CRIMINAL
HISTORY CHECK REQUIRED.
The application for an annual permit to acquire pistols or
revolvers may be made to the sheriff of the county of the applicant's
residence and shall be on a form prescribed and published by the
commissioner of public safety. The application shall state the full
name of the applicant, the driver's license or nonoperator's
identification card number of the applicant, the residence of the
applicant, and the age of the applicant. The applicant shall also
display an identification card that bears a distinguishing number
assigned to the cardholder, the full name, date of birth, sex,
residence address, and brief description and colored photograph of
the cardholder, or other identification as specified by rule of the
department of public safety. The sheriff shall conduct a criminal
history check concerning each applicant by obtaining criminal history
data from the department of public safety. A person who knowingly
makes a false statement of material fact on the application commits a
class "D" felony.
[C79, 81, § 724.17]
90 Acts, ch 1147, § 5; 2002 Acts, ch 1055, §2
724.18 PROCEDURE FOR MAKING APPLICATION FOR ANNUAL PERMIT TO
ACQUIRE.
A person may personally request the sheriff to mail an application
for an annual permit to acquire pistols or revolvers, and the sheriff
shall immediately forward to such person an application for an annual
permit to acquire pistols or revolvers. A person shall upon
completion of the application personally deliver such application to
the sheriff who shall note the period of validity on the application
and shall immediately issue the annual permit to acquire pistols or
revolvers to the applicant. For the purposes of this section the
date of application shall be the date on which the sheriff received
the completed application.
[C79, 81, § 724.18]
724.19 ISSUANCE OF ANNUAL PERMIT TO ACQUIRE.
The annual permit to acquire pistols or revolvers shall be issued
to the applicant immediately upon completion of the application
unless the applicant is disqualified under the provisions of section
724.15 and shall be on a form prescribed and published by the
commissioner of public safety. The permit shall contain the name of
the permittee, the residence of the permittee, and the effective date
of the permit.
[C79, 81, § 724.19]
2002 Acts, ch 1055, §3
724.20 VALIDITY OF ANNUAL PERMIT TO ACQUIRE PISTOLS OR REVOLVERS.
The permit shall be valid throughout the state and shall be valid
three days after the date of application and shall be invalid one
year after the date of application.
[C79, 81, § 724.20]
724.28 PROHIBITION OF REGULATION BY POLITICAL SUBDIVISIONS. A political subdivision of the state shall not enact an ordinance
regulating the ownership, possession, legal transfer, lawful
transportation, registration, or licensing of firearms when the
ownership, possession, transfer, or transportation is otherwise
lawful under the laws of this state. An ordinance regulating
firearms in violation of this section existing on or after April 5,
1990, is void.
90 Acts, ch 1147, §9
And here is the applicable sections of the Administrative Rules 661--4.1 and 4.5 which are the directives from the DPS on this matter.
661"4.1(724) Definitions. The following definitions apply to rules 661"4.1(724) to 661"4.50:
"Applicant" means a person who is applying for a permit to acquire pistols or revolvers or to carry
weapons.
"Certified peace officer" means a person who has been certified by the Iowa law enforcement academy
or the commissioner as having successfully completed a course of instruction for a peace officer
that has included a firearms training program.
"Commissioner" means the commissioner of the Iowa department of public safety or, as applicable,
the commissioner"s designee.
"Completed fingerprint card" means a standard fingerprint card with two sets (every finger and
thumb) of fully rolled fingerprint impressions and all information required to check the Federal Bureau
of Investigation (FBI) and Iowa division of criminal investigation (DCI) records for a felony conviction. "Identification card" means any of the following:
1. Nonoperator"s identification card issued by the Iowa department of transportation.
2. Motor vehicle license issued by the Iowa department of transportation.
3. Nonresident motor vehicle license, which is a motor vehicle license issued by a state other than
Iowa, presented by an applicant for a nonresident permit to carry weapons.
661"4.5(17A,724) Firearm purchase or transfer.
4.5(1) The application for an annual permit to acquire pistols or revolvers shall be made to the
sheriff of the county of the applicant"s residence. The applicant shall:
a. Submit a fully completed application form;
b. If requested by the sheriff, submit two completed fingerprint cards; and c. Display an identification card as defined in rule 661"4.1(17A,724).
4.5(2) Prior to issuing the permit to acquire pistols or revolvers, the sheriff shall determine that
the applicant is not a convicted felon, or otherwise prohibited from possessing or acquiring a firearm
under either Iowa or federal law, by running a NICS check through the IOWA system.
4.5(3) The annual permit to acquire pistols or revolvers shall be issued to the person applying for
the permit immediately upon submission to the sheriff of the completed application and determination
by the sheriff that the applicant is not a convicted felon.
This rule is intended to implement Iowa Code sections 724.15, 724.17 and 724.19.
My sheriff thinks he writes the law for permits to purchase handguns!
