Court upholds life restriction to possess guns for Iowa City man convicted in 1991 shooting

The U.S. Court of Appeals for the Eighth Circuit upheld the lifetime firearms restriction for an Iowa City man, convicted in a 1991 gang affiliated shooting, after his lawsuit against the Governor and Johnson County sheriff failed.

Anthony Arthur Browne, 54, was convicted in 1991 of willful injury causing serious injury and criminal gang participation, both felonies. He was sentenced to 10 years in prison and was discharged from the Iowa State Penitentiary in Fort Madison in 1998.

Iowa law forbids anyone convicted of a forcible felony from possessing firearms. But Browne, in his lawsuit against Gov. Kim Reynolds and Johnson County Sheriff Brad Kunkel, argued his past convictions shouldn’t result in permanent loss of gun rights. The Iowa statute is unconstitutional under the Second Amendment, he argued in his petition.

Browne’s petition was moved to federal court to address the Second Amendment issue and U.S. District Judge Stephanie Rose of the Southern District ruled the statute didn’t violate the right to bear arms amendment and dismissed his petition for failure to state a claim.

Browne appealed the decision and the U.S. Court of Appeals reviewed it and upheld the district court ruling, finding in an opinion published Tuesday, that Browne’s claim was correctly dismissed.

Browne argued his sentences were discharged 25 years ago and his other rights as a citizen had been restored, such as being able to vote, for the past 18 years, according to his lawsuit.

While in prison, he started taking computer science correspondence courses through the University of Iowa and then completed his degree at the university in 2005, after being released. He started working in 2006 as a software or DevSecOps engineer at Collins Aerospace in Cedar Rapids and has held a high-level security clearance with the U.S. Department of Defense through projects with the company, according to his petition.

Browne, in his petition, said he wanted his rights restored for lawful reasons such as hunting, target shooting and to protect his home.

According to court records, the 1991 shooting that involved Browne and other members of the Black Gangster Disciples was during an altercation with a rival gang member, Dewey Lamp. Browne and others followed Lamp home and one of disciples’ gang members, Buddy Black, fired his gun after seeing a person inside the home. The bullet struck Lamp’s mother and punctured her lung.

Browne was charged with aiding and abetting attempted murder, willful injury and criminal gang participation. He was acquitted by a jury on the aiding and abetting charge but convicted of the other two charges.

The appeals court said Browne could still apply for a gubernatorial pardon, which Browne argued wasn’t possible under Iowa law. Browne concluded that because he isn’t eligible as a forcible felon to have his civil rights restored, then the governor can’t restore his rights by granting a pardon.

His argument misinterprets the law, according to the ruling. The governor’s power to issue pardons is in the state constitution and there’s no need for legislative authorization. When a pardon is granted, the recipient’s rights of citizenship, including the right to possess firearms, are restored, the opinion states.

The court concluded the lifetime restriction for forcible felons to possess firearms, subject to a governor’s pardon, “is consistent with the Nation’s historical tradition of firearms regulations.”

Browne, in a statement sent to media Wednesday, said the court’s ruling “underscores the unconstitutionality” of Iowa code that bars the restoration of gun rights for people who have been convicted of a forcible felony.

“While we respect the court's decision, we are deeply concerned that this ruling upholds a blanket ban on firearm rights restoration for forcible felons — effectively foreclosing meaningful individual assessment for felons who have beat the odds and who would pose no threat to the public, if their right to keep and bear arms were restored,” Browne’s statement reads. “Responsible individuals who have served their sentence, led law-abiding lives for decades, have all their other rights of citizenship restored, and who have paid their fines, courts costs, and restitution should have access to an objective, individualized review process to have all their fundamental rights restored — not be categorically barred.”

He said he intends to appeal the decision.

Trish Mehaffey covers state and federal courts for The Gazette

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