Could Iowa Gun Bill Allow Weapons in Schools?

By Lynn Campbell
IowaPolitics.com

DES MOINES — Iowa's guns rights would be the most powerful in the nation, under a proposed state constitutional amendment that cleared the Iowa House this week.

Democrats say the measure would eventually allow people to bring guns into Iowa's schools, the Capitol and other public buildings.

County officials are concerned.

"I think one of the concerns for counties is in our courthouses, where there are emotional situations, what that could lead to, particularly domestic disputes," said Sioux County Supervisor Mark Sybesma. "In our treasurer's office, a lot of times people come in very disgruntled — emotions and that type of thing. Guns sometimes aren't the best mix."

The number of Iowa gun permit holders has soared from about 40,000 to 100,000 during the past year, according to data from the Iowa Department of Public Safety. The increase came after a state law took effect in January 2011 that made Iowa a "shall issue" state instead of a "may issue" state for weapons permits, largely taking away sheriffs' discretion of whether to issue those permits.

County sheriffs decided Thursday to oppose the latest move by state lawmakers to put the federal Second Amendment right to bear arms in the Iowa Constitution. They said the constitutional amendment would do away with the state's permitting and regulation of weapons altogether.

"We're not sure why it's necessary to move (to) this next step so soon because we're not sure that's where Iowans want to be," said Susan Cameron, a lobbyist for the Iowa State Sheriffs' and Deputies' Association, which represents law enforcement in Iowa's 99 counties. "It goes far beyond the U.S. Constitution and what other states have done."

The Iowa House this week rejected using the wording found in the Second Amendment of the U.S. Constitution, and instead voted, 61-37, for an amendment to the state constitution that says Iowans have a fundamental right to "acquire, keep, possess, transport, carry, transfer and use arms to defend life and liberty and for all other legitimate purposes" that cannot be infringed upon or denied.

State Rep. Rick Olson, D-Des Moines, said Iowa's move is unprecedented because of four lines in House Joint Resolution 2009 which say, "Mandatory licensing, registration, or special taxation as a condition of the exercise of this right is prohibited, and any other restriction shall be subject to strict scrutiny."

"What this bill has that other states don't have is the last four lines of the proposed constitutional amendment," said Olson, an attorney who has reviewed Second Amendments in the 44 state constitutions that have them. "Those things make it more powerful. With the 'strict scrutiny,' it would be the strongest (in the nation). That piece is not in any other amendment."

Cameron said while the resolution itself does not strike down Iowa gun laws, it would probably lead the courts to strike down gun laws challenged in court. She said the constitutional amendment would make it difficult to regulate the possession or carrying of guns in any way.

"That just really unravels any kind of regulation over firearms going forward, once anything is challenged in court," Cameron said. "Our sheriffs tell us that they're not hearing from their constituents that this is what they want. We did not feel like there was a problem in Iowa with people being able to get weapons."

But state Rep. Matt Windschitl, R-Missouri Valley, said Iowa is one of only six states that does not have the a version of the Second Amendment right to bear arms in its state constitution. He said guns are intended to "protect ourselves against other people and against a tyrannical government."

"These are protections that Iowans deserve and need. Why wouldn't we do this?" said Windschitl, who said he is a gun owner. His family owns a firearms store in Missouri Valley, he said.

Windschitl said the argument that the constitutional amendment will scrap all Iowa's gun laws "is just false on its face."

Instead, he called the proposed constitutional amendment a proactive step to protect Iowans' Second Amendment rights in light of recent U.S. Supreme Court decisions, District of Columbia v. Heller and McDonald v. Chicago, in which justices decided by a narrow 5-4 margin to protect Americans' gun rights.

"We've seen judicial abuses before. I'm concerned about future judicial abuses. Iowans deserve to have their Second Amendment rights protected in our state constitution," Windschitl said. "By providing the most precise and specific language possible … there's not going to be a question in the future about what the Second Amendment really means based on some judge's interpretation."

Chris Rager, state liaison of the National Rifle Association, did not return calls from IowaPolitics.com seeking comment.

Like other proposed constitutional amendments, House Joint Resolution 2009 would need to clear two consecutive General Assemblies before going before a vote of the people. That means the earliest it would be on the ballot is November 2013.

But judging by the reaction of Democrats, who hold a slim, 26-24, majority in the Iowa Senate, that's not likely to happen.

"It would allow citizens to come into this building with guns," said Senate Majority Leader Mike Gronstal, D-Council Bluffs, referring to the Iowa Capitol. "There are times when the jobs we do up here and the legislation we deal with is highly emotional. I think it's probably a good thing that we keep guns out of this building."

Iowa House Minority Leader Kevin McCarthy, D-Des Moines, led his 40-member Democratic caucus in walking out of the Capitol for seven hours this week, to protest the Iowa House floor debate of the bill and one on the justifiable use of reasonable force to defend oneself.

"I think their proposal is 'wackadoodle,'" McCarthy said, using a term that the urban dictionary defines as 'crazy aka loony toony.' "It's way out, way out, far right. It's tea party extreme."