Despite law change Linn, Johnson counties want to keep guns out of their government buildings

CEDAR RAPIDS - While a new state law opens the possibility of lawsuits against local gun bans, officials in Linn and Johnson counties aim to keep firearms out of their buildings.

A new law signed by Gov. Terry Branstad April 13 gives gun owners the ability to sue local governments if they have been 'adversely affected” by a firearm ban - such as those at several area county courthouses or city- and county-owned buildings.

But Carroll Edmondson, administrator with Iowa's 6th Judicial District, which includes the counties of Linn and Johnson, said he expects existing bans at both county courthouses to remain intact.

'My understanding is we will continue things the way they are,” he said. 'There's an attorney general's opinion out there that allows us to maintain security in the courthouse the way we have before, which means we can restrict people from carrying guns in the courthouse.”

Proponents of the new law have argued local governments do not have the authority to ban guns in city and county facilities.

A 2003 opinion from the Iowa Attorney General's Office found that Iowa Code allows cities and counties to regulate firearms on city- or county-owned property. Elected bodies leaned on that opinion when passing their respective gun bans.

Many communities, including Iowa City and Johnson County, passed firearms bans in 2011, following the state's transition to a 'shall issue” state - a change that removed a sheriff's discretion when issuing a gun permit.

Edmondson said one of the biggest challenges to eliminating gun bans at the courthouse is that judges still retain the right to prohibit weapons in their respective courtrooms.

'I think there are a number of judges, if not all of them, who would not want guns in their courtroom,” he said.

So what happens to those guns if a carrier wants entry to a courtroom where firearms remain banned?

Linn County Supervisor Brent Oleson said one option could be to install secured gun lockers for public use - but that would come with a cost.

For now, Oleson said guns will continue to be banned from the Linn County Courthouse and Linn County Juvenile Justice Center.

'Basically we don't see any changes need to be made,” he said. 'We're ready to defend it.”

The same can be said for all Johnson County-owned buildings.

'The ordinance we have in place right now we are going to keep,” Johnson County Supervisor Janelle Rettig said. 'Having weapons in a courthouse, in a mental health building, at social services or the Board of Supervisors ...

it just isn't a compatible place for people to be gun slinging.”

Iowa City Attorney Eleanor Dilkes said the Iowa City Council has not yet discussed the city's ban of weapons on all city-owned property in response to new state rules. But she said she thinks the council is legally entitled to maintain the firearms ban.

Guns are prohibited in all county-owned buildings in Black Hawk County, which is a part of the 1st Judicial District. The Black Hawk County Board of Supervisors in April agreed to stick with its existing no-weapons policy.

Edmondson said weapons bans don't exist in the other four counties in the 6th Judicial District - Benton, Iowa, Jones and Tama. He added such bans become less likely for smaller counties, which have fewer funds to defend against the possible litigation that could come against local gun bans.

'I think the bill may have a chilling effect on the other four counties of adopting a county ordinance banning guns in the courthouse,” Edmondson said. 'I don't think these smaller counties are going to want to be sued.”

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