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"May issue" carry permits and Equal Protection
Posted by David Hardy · 26 May 2010 09:43 AM
Prof. Volokh notes a District Court ruling allowing a claim that an Iowa sheriff violated Equal Protection and the First Amendment by refusing a carry permit based on his political activities. Parts of the complaint were dismissed, for sundry technical reasons, and portions of the remainder may be mooted by Iowa's change to "shall issue."
The ruling is also noteworthy for its formating (no more Courier in 12 point) and its breakthru use of "complete flummadiddle" on p. 17. We may hope that both become universal in the future.
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Nothing is moot for now, as Iowa won't go RTC until 1/1/11.
I find it most remarkable that the change to shall issue in Iowa was largely unremarked, unopposed, and unheralded. It simply was not big news, as it would certainly have been several years ago. Perhaps the general public is finally beginning to perceive concealed carry as normal.