Iowa grants gun permits to the blindUSA Today
March 13, 2018
DES MOINES, Iowa -- Here's some news that has law enforcement officials and lawmakers scratching their heads:
Iowa is granting permits to acquire or carry guns in public to people who are legally or completely blind.
No one questions the legality of the permits. State law does not allow sheriffs to deny an Iowan the right to carry a weapon based on physical ability.
The quandary centers squarely on public safety. Advocates for the disabled and Iowa law enforcement officers disagree over whether it's a good idea for visually disabled Iowans to have weapons.
On one side: People such as Cedar County Sheriff Warren Wethington, who demonstrated for The Des Moines Register how blind people can be taught to shoot guns. And Jane Hudson, executive director of Disability Rights Iowa, who says blocking visually impaired people from the right to obtain weapon permits would violate the Americans with Disabilities Act. That federal law generally prohibits different treatment based on disabilities.
On the other side: People such as Dubuque County Sheriff Don Vrotsos, who said he wouldn't issue a permit to someone who is blind. And Patrick Clancy, superintendent of the Iowa Braille and Sight Saving School, who says guns may be a rare exception to his philosophy that blind people can participate fully in life.
Private gun ownership - even hunting - by visually impaired Iowans is nothing new. But the practice of visually impaired residents legally carrying firearms in public became widely possible thanks to gun permit changes that took effect in Iowa in 2011.
"It seems a little strange, but the way the law reads we can't deny them (a permit) just based on that one thing," said Sgt. Jana Abens, a spokeswoman for the Polk County Sheriff's Department, referring to a visual disability.
Polk County officials say they've issued weapons permits to at least three people who can't legally drive and were unable to read the application forms or had difficulty doing so because of visual impairments.
And sheriffs in three other counties - Jasper, Kossuth and Delaware - say they have granted permits to residents who they believe have severe visual impairments.
"I'm not an expert in vision," Delaware County Sheriff John LeClere said. "At what point do vision problems have a detrimental effect to fire a firearm? If you see nothing but a blurry mass in front of you, then I would say you probably shouldn't be shooting something."
In one Iowa county, blind residents who want weapons would likely receive special training.
Wethington, the Cedar County sheriff, has a legally blind daughter who plans to obtain a permit to carry when she turns 21 in about two years. He demonstrated for the Register how he would train blind people who want to carry a gun.
"If sheriffs spent more time trying to keep guns out of criminals' hands and not people with disabilities, their time would be more productive," Wethington said as he and his daughter took turns practice shooting with a semi-automatic handgun on private property in rural Cedar County.
The number of visually impaired or blind Iowans who can legally carry weapons in public is unknown because that information is not collected by the state or county sheriffs who issue the permits.
Clancy, superintendent of the Iowa Braille and Sight Saving School, said the range of sight among people who are classified as legally blind varies greatly. He believes there are situations where such applicants can safely handle a gun.
However, he also expressed concerns.
"Although people who are blind can participate fully in nearly all life's experiences, there are some things like the operation of a weapon that may very well be an exception," Clancy said.
The Gun Control Act of 1968 and other federal laws do not prohibit blind people from owning guns. But unlike Iowa, some states have laws that spell out whether visually impaired people can obtain weapon permits.
Vision requirements are either directly or indirectly part of the weapon permit criteria in some surrounding states.
In Nebraska, for example, applicants for a permit to carry a concealed handgun must provide "proof of vision" by either presenting a valid state driver's license or a statement by an eye doctor that the person meets vision requirements set for a typical vehicle operator's license.
Other states have indirect requirements that could - but don't automatically - disqualify people who are blind. That includes Missouri and Minnesota, where applicants must complete a live fire test, which means they have to shoot and hit a target.
A 50-state database of gun permit requirements published by USACarry.com also shows that South Carolina has a law that requires proof of vision before a person is approved for a weapons permit.
Wisconsin, like Iowa, has no visual restrictions on gun permit applicants. Illinois lawmakers enacted a concealed weapons law in July but permits have not yet been issued. Illinois' qualifications don't specifically require a visual test, but applicants must complete firearms training that includes range instruction.
The National Federation of the Blind does not track states that require vision tests as part of weapon permit processes and has not taken an official stand on the issue. But its members are generally opposed to such laws, said Chris Danielsen, director of public relations for the group.
"There's no reason solely on the (basis) of blindness that a blind person shouldn't be allowed to carry a weapon," Danielsen said. "Presumably they're going to have enough sense not to use a weapon in a situation where they would endanger other people, just like we would expect other people to have that common sense."
Iowa requires training for anyone who is issued a permit to carry a weapon in public, but that requirement can be satisfied through an online course that does not include any hands-on instruction or a shooting test.
A provision in Iowa's law allows sheriffs to deny a permit if probable cause exists to believe that the person is likely to use the weapon in such a way that it would endanger themselves or others. Many sheriffs noted, however, that the provision relates to specific documented actions, and applicants who appealed their cases would likely win.
Hudson, executive director of Disability Rights Iowa, believes changing the state law to deny blind people or others with physical disabilities the right to carry arms would violate federal disabilities law.
Part of the Americans with Disabilities Act requires a public entity to conduct an individualized analysis to make a reasonable judgment before denying a service. Hudson believes someone could successfully challenge Nebraska's proof of vision requirement as illegal.
"The fact that you can't drive a car doesn't mean you can't go to a shooting range and see a target," Hudson said.