Bill would add gun rights to Iowa Constitution

The Courier staff and Dennis Magee contributed to this story.

DES MOINES  - A proposed constitutional amendment making it harder for officials to limit who can buy and carry a gun is expected before Iowa lawmakers soon.

A key legislator is optimistic about the measures chances despite claims such a change could turn the state into an unruly situation with few restraints on firearms.

State Rep. Clel Baudler, R-Greenfield, is chairman of the House Public Safety Committee. He is plans to bring the proposed amendment forward for discussion in in that body as early as Thursday and expects enough support to move it to the House floor.

The measure declares “the right of an individual to acquire, keep, possess, transport, carry, transfer and use arms to defend life and liberty and for all other legitimate purposes is fundamental and shall not be infringed upon or denied.”

The proposal also prohibits mandatory licensing, registration and taxation related to that right, and any other restriction on firearms “shall be subject to strict scrutiny.”

Baudler served as an Iowa State Patrol trooper for 32 years. He said the measure is necessary because Iowa doesn't enshrine gun rights in its constitution. That could prove an issue if the Second Amendment to the U.S. Constitution is somehow weakened by judicial review or legislative action, according to Baudler.

Polk County Attorney John Sarcone, though, said the measure could create major problems, especially in urban areas such as Des Moines.

“You're going back to the wild West, and everyone can pack a gun with no restrictions,” Sarcone said. “We need to do things that de-escalate violence instead of almost encouraging it. I've seen enough violence in my time as county attorney.”

Dewey Hildebrandt, sheriff in Bremer County, on Tuesday was still learning the particulars of the measure.

“If the people think we should change the constitution to allow everybody to carry, frankly from a public safety perspective, I can see some areas of concern ... ,” Hildebrandt said.

At the same time, he acknowledged the Legislature's and citizens' rights to amend the state's guiding principles. But moving toward such “a significant event,” Hildebrandt said, should be attempted cautiously.

“I think when you start changing any constitution, you be very careful what you ask for. The people before us laid out a pretty darn good constitution, federally and statewide,” he said.

“From my personal view, I don't think it's that difficult for one to get a permit to carry ... ,” Hildebrandt added later.

Bremer County Attorney Kasey Wadding was also a bit in the dark Tuesday about the potential impact.

“I just heard about it this morning, in fact,” he said.

Wadding's primary focus is on law enforcement and prosecution, not making policy, he added. That said, Wadding noted the issue's likely importance.

“I only own one gun, but I am very much in favor of gun rights,” he said.

Eric Tabor, chief of staff for Iowa Attorney General Tom Miller, said current laws requiring permits to carry and purchase guns would probably be struck down if the amendment is approved. And the ability of local governments to prohibit firearms in courthouses and elsewhere would be greatly restricted, he said.

Baudler counters he wouldn't support the amendment if he believed citizens or law enforcement officials would be endangered.

“If you're saying this will make it easier for bad guys to get guns, that's irresponsible on anybody's part to say that,” Baudler said. “Reason being, bad guys can get guns now. This is to protect good guys, and government should never fear good citizens that are armed or have a right to be armed.”

Baudler said he also doesn't believe making it harder for cities to prohibit firearms in public buildings will be an issue.

“Where I live, it's not a problem,” Baudler said. “Maybe in the big cities there is some concern. But I don't think it should be a major concern.”

House Speaker Kraig Paulsen, R-Hiawatha, is one of 36 House Republicans co-sponsoring the measure. He noted gun owners' rights are important to many residents.

“Iowa's one of the very few states that does not have a Second Amendment equivalent in our state constitution,” Paulsen said. “I think it's appropriate that we include that.”

Senate Majority Leader Mike Gronstal, D-Council Bluffs, said he will let the bill run its course through the committee process before deciding whether to call it up for debate. He added the measure would likely draw mixed support among his Democrat colleagues.

If the Legislature approves the amendment, it would be referred to the next general assembly for a second time. If accepted again, the amendment would then go to voters for ratification.

“I think it's a pretty big question and I think it deserves a lot of comment,” Sheriff Hildebrandt said.