DES MOINES, Iowa

A northwestern Iowa father and son have filed a federal lawsuit challenging an Iowa law that gives local authorities the power to decide who will be issued permits to carry a weapon.

The lawsuit filed late last month by Paul Dorr and his son Alexander Dorr, both of Ocheyedan, names Osceola County Sheriff Douglas Weber, the sheriff's department and the county, and claims that the state law used to deny them nonprofessional carry permits is unconstitutional.

The Dorrs' attorney, Erick G. Kaardal, argues that his clients met the requirements for the permits, and that Weber gave no "legitimate or rational reason" for denying the applications. Kaardal claims that violated the Dorrs' right to keep and bear arms and right to due process and equal protection.

Kaardal said the lawsuit is not seeking to eliminate the state's right to regulate guns, but asks for a federal judge to strike down the current law so that another more objective standard can be applied.

"Many states have gone down a road that there are conditions for the permit to be issued, and the idea is that there be as little discretion left to the issuing authority as possible," Kaardal told The Associated Press. "If the issuing authority were to deny, there ought to be some due process, some way to challenge that decision that's made."

Under Iowa's law, he argues that there are "neither the standards being uniformly applied or a place to pursue a due process remedy."

Kaardal has notified the court that the lawsuit will be seeking class action status.

Paul Dorr said in a statement issued by Kaardal's firm that he believes his constitutional rights were infringed upon "on the political whim of the deciding official."

"It is my belief this is happening throughout Iowa and my intent is to put a stop to it," he said.

Osceola County attorney Robert Hansen declined to comment on the case except to say, "There are two sides to every story." Sheriff Weber didn't return a telephone message seeking comment.

According to the lawsuit, Paul Dorr was issued nonprofessional permits to carry a weapon from 2001 to 2006, but his application was denied in 2007.

The Dorrs believe the sheriff's decision to deny their applications was personal because of a history between Paul Dorr and Sheriff Weber. Kaardal said Dorr is a consultant who works on political campaigns and issues, and in the past has opposed issues regarding the county budget, including the sheriff's and county attorney's budgets.

"Because there was no legitimate or rational reason provided by Sheriff Weber (to deny the applications) ... Mr. Dorr is taking it personally and a violation of his rights under the constitutional statutes," Kaardal said.

He said Dorr wanted to carry a gun because there are times when he travels with a large sum of money and because of his occupation as a political consultant, he "has had threats before to his person."

Iowa's law states that "any person who can reasonably justify going armed may be issued a nonprofessional permit to carry weapons." It prohibits anyone younger than 18, convicted of a felony, addicted to drugs or with a history of violent acts to be issued a permit.

It also said the person must not have been convicted of any assault or harassment crimes and that the "issuing officer reasonably determines that the applicant does not constitute a danger to any person."

While county sheriff's are mainly responsible for approving the nonprofessional permits, the Iowa Department of Public Safety issues professional permits for people such as private detectives, as well as a small number of nonresident permits.

Ross Loder, legislative liaison for the Iowa Department of Public Safety, declined to comment directly on the lawsuit.

He did explain that local authorities, namely county sheriff's, are better able to know if someone applying for a permit has a history of substance abuse, assault or harassment that would prohibit them from carrying a weapon.

"When we have a state of roughly 3 million people, it's very difficult for the Iowa Department of Public Safety to have firsthand knowledge of individual Iowans," he said. "The sheriff's are right out in the community and they certainly know their residents better than we do."

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