Proposal that could kill gun-control laws advances in Iowa

[Tim Nunan]

http://www.desmoinesregister.com/articl ... 4175391778

Iowa laws pertaining to gun controls could be eliminated under a legislative resolution that would amend the state’s constitution, officials said Thursday after the proposal advanced in the House.

House Joint Resolution 2005 would amend the constitution to say that the rights to acquire, keep, possess, transport, carry and transfer firearms for legitimate purposes is fundamental and cannot be denied.

The resolution further states that mandatory licensing, registration or special taxation would be prohibited.

If ultimately amended, Iowa would have the nation’s strongest and most comprehensive gun protection, supporters said.

But there are concerns that the amendment could also dismantle an Iowa system in which permits are required for such activities as carrying a concealed weapon. The Iowa attorney general’s office confirmed Thursday that such permits would likely be deemed unconstitutional under the proposed resolution.

“Potentially, yes,” Rep. Matt Windschitl, R-Missouri Valley, said when asked whether the resolution could create a constitutional challenge to virtually every gun regulation currently on the books. “But, again, the intent of this is not to cause controversy. The intent is to protect Iowans’ Second Amendment rights.”

Susan Cameron of the Iowa Sheriffs’ & Deputies’ Association was among those who asked how the resolution would affect various provisions already in Iowa law. While her group has not registered against the resolution, she told lawmakers that it would like to review how other states have handled the issue.

The resolution would also limit local governments’ ability to restrict guns from such places as city halls, the attorney general’s office said.

Rep. Deborah Berry, D-Waterloo, said she supports Second Amendment rights but expressed deep concerns with the possible consequences of such a resolution.

“Are we going to see another Gabrielle Giffords if you don’t like something I do?” Berry asked. “I’m very concerned.”

Supporters note that Iowa is one of only six states without a state constitutional provision protecting the right to keep and bear arms. The Second Amendment of the U.S. Constitution does that, but supporters say that right could be threatened in the future and that a state amendment is badly needed.

Proponents cite a recent U.S. Supreme Court ruling known as McDonald vs. Chicago that said Second Amendment rights apply to states. But that was a narrow 5-to-4 decision, which caused alarm among Second Amendment advocates.

The Iowa provision is written as the strongest in the nation as a way to protect against what Chris Rager of the National Rifle Association called the evils of judicial abuse.

The resolution passed the three-member House Public Safety subcommittee in a 2-1 vote. Windschitl and Rep. Mark Brandenburg, R-Council Bluffs, voted in favor, while Berry said she will continue to mull the issue.

The resolution now goes to the full committee for further consideration.

Thirty-six House Republicans are co-sponsors of the resolution.

Senate Majority Leader Michael Gronstal, D-Council Bluffs, declined Thursday to predict the resolution’s fate in the Senate, saying only that it would need to work through the legislative process.

If passed by both the House and the Senate, the resolution would need to again be passed in one of the next two legislative sessions before it could be put before voters to amend the state constitution.