John Riesing glanced over his application.

In a space provided, he needed to explain why he was requesting a permit to carry a weapon.

He knew the answer instantly. On the blue sheet of paper, he wrote: for personal protection.

For two months, the 42-year-old Dubuquer waited for a reply. Then, he was told he didn't meet the guidelines for a permit to carry a concealed weapon.

"I was taken aback a little bit. I've never been in trouble," Riesing said. "It's just for personal protection, and I'd hate to have to use it ... but I would if I was in a situation where I needed to."

Such a situation is now the focus of an investigation by the Dubuque County Attorney's Office.

Authorities say that last month, a Dubuque locksmith fatally shot a former tenant, David Herman, 24, at a Dyersville apartment building after an altercation. The locksmith, Christopher S. Leppert, 48, who has a permit to carry a weapon, has not been charged in the matter and authorities are investigating the justification of the use of deadly force.

The incident raises questions about who can legally carry a weapon and where they can go with it.

A loaded gun

Under Iowa law, anyone who legally owns a gun can keep it loaded within their home or business. However, those older than 18 can apply for a permit to expand the range to the general public. That includes bingo halls, grocery stores or other businesses, unless the establishment posts a sign banning weapons on the premises.

Commonly referred to as a concealed weapon permit, the Iowa permit doesn't actually require someone to hide their weapon, but authorities encourage permit holders to do so, Jones County Sheriff Mark Denniston said.

The most common permit issued throughout the state is the non-professional permit, granted to ordinary citizens who reasonably justify the need for one. In 2007, more than 28,000 non-professional permits were issued or renewed, according to the Iowa Department of Public Safety.

Professional permits go to security guards, armored car drivers or other people who may need a gun on the job. Issued to non-law-enforcement officers, the professional permit is only valid while a person is on the clock, said Sam Knowles, program services bureau chief with the public safety department. Leppert received a professional permit, according to Dubuque County records.

Where a person lives in the tri-state area has a lot to do with whether he or she can carry a loaded weapon in public. Wisconsin and Illinois don't allow citizens to carry concealed weapons outside the home or business.

"The only people who can carry a loaded, concealed weapon are law enforcement officers," said Capt. Tony Sheckles, of the Grant County Sheriff's Department in Wisconsin.

If someone with an Iowa weapon permit crosses the river into Wisconsin or Illinois, the same rules apply to them as to a hunter transporting a gun. Guns must be unloaded, inside a case and out of the reach of a driver. In Illinois, the gun owner could be asked to present a firearms ownership identification card.

A sheriff's discretion

Within Iowa, the final authority to issue a permit lies with the county sheriff, who "may" issue a weapon to those who have no history of substance abuse, felonies, domestic abuse or other kinds of violence. Each sheriff is allowed to consider each applicant's reason for a concealed weapon.

A bill pitched to the Iowa Legislature in 2007 would have changed the system to require that sheriffs "shall" issue permits to anyone who qualifies, eliminating the sheriff's discretion. The bill never made it to the House floor.

Jamie Smith, of Dubuque, is a board member of "Iowacarry.org," an organization that supports the legislation and plans to introduce a similar bill in January.

"I basically saw the discriminatory policies that exist throughout the state with issuing permits," he said. "I feel they are unfairly issued in some counties."

Some counties are more restrictive, while others have a reputation of leniency when it comes to granting permits. In Jackson County, 338 people were issued a non-professional permit in 2007, or 1.67 percent of the population. In Jones County, 135 people, or 0.66 percent of the population, have a permit, according to the public safety department.

Jones County Sheriff Mark Denniston said he follows a "shall issue" philosophy and grants permits to most applicants who meet the legal criteria.

"Basically if they don't have a criminal history, that's the first thing I look at," Denniston said. "If (law enforcement has) had repeated contacts with them, that can raise flags with me."

Denniston has revoked several permits during his tenure for mental reasons, he said. For the most part, he said he hasn't run into any issues with the law.

"The ones with permits, I'm not concerned with those people because they want to stay legal. They're going to try to follow the law the best they can," he said. "It's the ones without permits (that carry guns) I worry about."

'Reasonable need'

But others aren't convinced that everyone who qualifies should be able to carry a gun in public.

Some county sheriffs don't approve every application because they want to concentrate guns in the hands of law enforcement officers. Clayton County, known for its strictness, issued 33 non-professional permits in 2007, to 0.18 percent of the population. Dubuque County, which denied Riesing's application, issued 93 permits, to 0.10 percent.

Dubuque County Sheriff Ken Runde has a different philosophy on how to issue permits than the one promoted by

"Iowacarry.org." He said he looks at a qualified applicant's "reasonable need" and weighs it with the person's background and intelligence reports from local law enforcement agencies. In the past, Runde said he wanted to avoid granting a permit to an abuser who has never been caught.

The sheriff declined to elaborate on what he views as a compelling need, because he said he didn't want to influence any future applicants.

"Some people say they want one when they're out walking their dog," Runde said. "I'm not going to give them out for that."

If nothing else, guns scare people, Runde said. The sight of a handgun tucked under a coat can cause panic outside a school or in the grocery store. Such panic could lead to a waste of police resources when deputies go out to investigate and find a legal permit holder, he said.

"You don't know if they're going to rob the place, or if they're unstable," Runde said. "The average person is going to call 911."