Legislators revive 'shall-issue' law for weapons permits

By James Q. Lynch 

The Gazette

DES MOINES – Legislation to make Iowa a “shall-issue” state for concealed weapons permits is getting a second life in the waning days of the 2010 legislative session.

Although the legislation died in the second funnel deadline two weeks ago, House Majority Leader Kevin McCarthy, D-Des Moines, said the topic surfaced in a Democratic caucus and about two-thirds of his members were interested in giving it another look. A shell bill declaring the House Public Safety Committee's intent to write legislation had 44 co-sponsors.

House File 2528, he said, would standardize the criteria for getting concealed weapons permits and require sheriffs to issue the permits if Iowans meet those criteria. It also would hide the permits from the public.

 “It's a hodge-podge now,” McCarthy said about how sheriffs issue the permits. “Some give (permits) out like water. Some don't give them out at all.”

The result is that a person who can legally carry a concealed in one county may be guilty of a misdemeanor in the next county, McCarthy said.

“Right now sheriffs impose their discretion. They're God now,” he said.

Discretion is good, according to the Iowa State Sheriffs and Deputies Association, which, like other law enforcement groups, opposes the bill and a companion piece in the Senate.

The association supports maintaining limited discretion in issue concealed weapons permits, its lobbyist, Susan Cameron, said, because they may have concerns about someone applying for a permit that may not fall within the federal minimum guidelines called for in HF 2528.

Sheriffs may be aware of a “pattern of behavior” that may not involve arrests or convictions, but lead them to believe a concealed weapons permit applicant is a danger to himself or the community, Cameron said.

The Iowa Coalition Against Domestic Violence wants sheriffs to maintain that discretion. In some cases, domestic assault charges get pleases down so the abuser is not subject to state and federal laws ordering them to give up their weapons, said Amber Markham of the coalition. In those cases, sheriffs may know the person applying for a concealed carry permit pose a threat.

Rep. Clel Baudler, who has been working on this legislation for 12 years, rejected that argument.

“You could say that about anyone who applies for a license whether it's for a gun, a driver's license or a marriage license,” he said. Discretion, he said, would allow applicants to be denied license based on age, IQ or nationality.

“We're a nation of laws, a nation of rights,” Baudler said, specifically referring to 2

^nd

Amendment rights.

Sheriffs support the right to bear arms and the right of citizens to defend themselves, Cameron said. Among the sheriffs' concerns is a provision allowing permit holders to use a gun in self-defense even if “under the influence” of alcohol or drugs. “Under the influence” is not defined, she pointed out, and sheriffs are concerned that judgment is skewed when someone has been using drugs or alcohol. Allowing the use of a gun while under the influence “would likely have a negative outcome,” according to the sheriffs' association.

In an e-mail to members, the NRA urged support for the “pro-gun” bill.

“Iowa's legislative session adjourns in a week, so it is vital that this bill gets your support now,” the NRA said.

McCarthy is well aware it's late in the session to be bringing such a controversial measure to the floor.

“We'll make a run for it,” the former ranking Democrat on the Public Safety committee said. “But we won't delay any of our budget bills for this.” McCarthy and other leaders have repeatedly said finalizing a balanced budget and adjourning March 26 are their priorities.

Public Safety Committee Chairman Jim Lykam, D-Davenport, hopes to schedule a subcommittee meeting yet this week with the interested parties in hopes of finding “middle ground.”

“We're operating under time constraints, so we have to move quickly,” he said.

That may not be easy. Versions of this legislation have been debated at the subcommittee and committee level in past sessions without coming to the full House.

“I think we have the vote, but it's very controversial,” Lykam said. “Some of our members are adamantly opposed.”

However, Markham worries that because it was McCarthy and Senate Majority Leader Mike Gronstal, D-Council Bluffs, who have introduced the legislation, the change is likely to pass.

“Time is our ally,” she said, “but if leaders really want this, it will get passed.”

The bill also faces opposition from media groups and others who call for more transparency in government. Under HF 2528, concealed weapons permits no longer would be public records, preventing Iowans from knowing who has a permit to carry concealed weapons.

However, Baudler said that under the state public records law, the information may be released.