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Vote no on gun amendment
Nick Maybanks and Brian Gardner
Oct. 25, 2022 3:48 pm
As Linn County attorney and Linn County sheriff, we are vested with the sacred duty of protecting the public safety of the citizens of Linn County. The Linn County Sheriff is tasked with enforcing the laws of the state of Iowa and the Linn County Attorney is charged with prosecuting the offenders of those laws.
We are concerned about the rise in violent crime in our nation and in particular, the rise in violent crime involving guns in Linn County. Over the last three years, the Linn County Attorney’s Office has seen a 300 percent increase in felony charges involving guns. To perform our jobs effectively we need proper tools and enforcement mechanisms. We need smart and effective laws that reasonably regulate the improper use of firearms. At a time of increasing gun violence, failing to allow for common-sense gun laws makes absolutely no sense and greatly endangers all of us.
The passage of Public Measure 1, the gun amendment on the back of the Nov. 8, ballot, would handcuff police officers on the streets from preventing gun violence. Handcuffs should go on criminals, not on cops. It would strike down laws on the books that prosecutors use to hold gun offenders accountable. It would prevent our children and grandchildren from passing reasonable gun regulations in the future.
We need the voters to say “No” to Public Measure 1.
We are not “anti-gun” and we are not “anti-Second Amendment.” We are not proposing that guns be taken from lawful owners. We support the right of law-abiding citizens to own and carry a gun. Iowa citizens already have these rights under the Second Amendment.
The Gun Amendment reads as follows:
“The right of the people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny.”
This gun amendment is not just an Iowa version of the Second Amendment. Proponents of Public Measure 1 making this claim are not being forthright. If this was about enshrining the Second Amendment into the Iowa Constitution, we would support Public Measure 1. It is not. It goes too far and mandates that gun laws be held to “strict scrutiny” by reviewing courts. If there is any confusion, this does not mean stricter gun laws, it means little to no gun laws can be enforced. Since it will become part of our constitution, it would allow challenges to current laws like the prohibition against felons possessing guns (favored by 85 percent of Iowans), it may prevent the passage of future laws like universal background checks (favored by 85 percent of Americans).
Only three other states have enacted a “strict scrutiny” gun Amendment: Alabama, Louisiana and Missouri. Those states are Nos. 2, 4 and 5 in gun deaths per capita. Currently, Iowa is ranked 42nd. This is not a top 5 list we want to make.
The gun amendment is not about freedom, it’s about more gun violence. The gun amendment is not about embracing rights, it’s about seizing power from future generations. We encourage our fellow citizens to vote “No” on Public Measure 1.
Nick Maybanks is Linn County Attorney. Brian Gardner is Linn County Sheriff.
A row of guns for sale at G & G Retailers of Davenport, Iowa (by Krista Johnson of IowaWatch)
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