Gun law proposals likely to stall in Iowa Senate

A key Senate committee leader said Monday he does not expect two gun-related measures approved by the House to get consideration this session.

Sen. Eugene Fraise, D-Fort Madison, chairman of the Senate Judiciary Committee, said he was not inclined to move separate pieces of legislation – one a resolution for a constitutional amendment to protect gun rights and a second bill dealing with the justifiable use of reasonable force to defend oneself – through his committee before the March 16 deadline for measures to clear one chamber and a committee of the other to remain eligible for debate this year.

“The bottom line is these bills are going to have a tough time meeting muster around here,” said Fraise, 79, a veteran senator who has indicated he does not plan to seek re-election in 2012. “I don't think I'm ready to jump right on them and do anything with them right now.”

The Republican-controlled House last week voted to approve House Joint Resolution 2009, a proposal to amend the Iowa Constitution by saying 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. It also would prohibit mandatory licensing, registration and special taxation of firearms.

While the right to bear arms is protected by the U.S. Constitution, backers say Iowa is one of six states that currently does not have a similar constitutional protection at the state level and they would like to start the process of bringing the proposed change before voters.

Iowa law requires a proposed constitutional amendment to pass two consecutive Iowa general assemblies in exactly the same form before that language is placed on the general-election ballot for consideration. If the resolution is not approved by the 84th General Assembly this year, it would take until the 2015 session for the Legislature to pass a resolution to get the issue on a statewide ballot.

Fraise said he is concerned that “every time somebody has a problem they want to put something in the Constitution” and he has always been someone who is “very reluctant to mess around” with the state's supreme law. He expressed concern that the House resolution “goes a little too far” in upsetting the governmental balance of power by taking discretion away from judges in dealing with gun laws.

“I'm not willing to do the constitutional change at all,” he said.

State representatives last week also approved House File 2215, which would allow people to use deadly force to protect themselves or others as long as they were in an area lawfully. The so-called "stand your ground" or "castle doctrine" bill also would extend self-defense protections to cover a person's vehicle, as well as his home and workplace.

The proposed legislation says people can use reasonable force, including deadly force, to protect themselves or others or to prevent a violent felony. It has been criticized by law enforcement organizations that believe it would escalate dangerous situations, but House Speaker Kraig Paulsen, R-Hiawatha, countered that the bill “basically says you can't be bullied. It's really an anti-bullying bill from my perspective.”

Fraise said there are unresolved issues, like who determines what constitutes deadly force, that make the House bill problematic and not likely to move in the next two weeks.

He noted that the National Rifle Association is pushing most of the gun-rights issues this session and “we gave them a big, big plum” when the Legislature approved in 2010 and former Gov. Chet Culver signed a measure that standardized state law and made Iowa a “shall issue” state when it comes to county sheriffs issuing permits to acquire or carry a concealed weapon. The new law sought to establish uniform standards in all 99 counties for issuing permits to carry a concealed weapon in public by requiring sheriffs to issue a permit to carry firearms to all applicants unless they are subject to certain specific disqualifiers.

“I think they ought to sit and savor that for awhile before they start pushing for more stuff,” Fraise said.

“I'm inclined not to move them. That's the bottom line,” he added. “My advice to the House is quit mucking around with this kind of stuff and get your head in the box and think about the education budget and things like that that are really important to the people out there. This gun stuff may be important to some of their constituents, but for the state as a whole, I don't think the people want this.”