Linn County Supervisors oppose ‘strict scrutiny’ gun amendment

CEDAR RAPIDS — The Linn County Board of Supervisors has joined other Eastern Iowa local governments in opposing a gun rights amendment that is on the Nov. 8 ballot.

The supervisors passed a resolution on Monday, encouraging Iowans to vote “no” on the ballot question that would amend the Iowa Constitution.

The amendment — Public Measure No. 1 — states it is a “fundamental individual right“ to keep and bear arms. It would invalidate any restraint on that right unless it meets the stringent demands of “strict scrutiny,” which is the highest legal hurdle for legislation to clear.

The resolution passed 2-1, with Supervisor Louie Zumbach opposing it.

“I believe we have a responsibility to educate the public,” Supervisor Stacey Walker said. “This amendment will not make us safer and our number one job is to look out for the safety of residents. I hope we can inspire other councils, particularly the largest city in the county, Cedar Rapids, to follow suit.”

Zumbach, a former state legislator, said he voted against the resolution because he doesn’t think it’s in a county supervisor’s job to “tell people how to vote,” though state law allows for counties, cities and school boards to take positions on ballot issues.

“It’s no secret that Supervisor Walker and I differ on what we think county government is and I'm disappointed we are considering something like this,” Zumbach said. “This is up to the voters to decide. This is not for us to pursue our own political agendas.”

Only three states — Alabama, Missouri and Louisiana — have added the “strict scrutiny” language to their constitutions that the current ballot amendment is proposing. Those three states all rank in the top five for firearm mortality in the United States, according to the Centers for Disease Control and Prevention.

Linn County now joins the Cedar Rapids Community School District and the Johnson County Supervisors in opposing the public measure. The Iowa City Council is set to consider a similar resolution on Tuesday.

The language of the resolution the local boards have passed comes from Moms Demand Action for Gun Sense in America. Some of the organization's members were in attendance for the supervisors’ Monday meeting.

“Gun safety is on the ballot in Iowa this year and strict scrutiny is not in the U.S. Second Amendment and it’s what makes this amendment very different and very extreme,” Christine Lehman-Engledow of Moms Demand Action said.

Opponents warn the pro-gun amendment will prohibit reasonable safety measures, such as firearm safety training, universal background checks and a license to carry a gun in public. Supporters say the amendment is necessary to protect Iowans' gun rights from infringement.

Earlier this month, Linn County Sheriff Brian Gardner and Attorney Nick Maybanks spoke at an event opposing the amendment, saying that strict scrutiny is a near impossible test. Both Gardner and Maybanks spoke at Monday’s supervisor meeting, reiterating their opposition.

Maybanks rattled off more than half a dozen firearm-related crimes that had taken place in Linn County just over the weekend, involving unlawful possession and domestic violence.

“And these were just since Friday,” Maybanks said. “This constitutional amendment will handcuff future generations, not allowing them to pass universal background checks, gun safety and educational requirements would also be at risk and no red flag laws.”

The number of individuals arrested for possessing a firearm as a felon has more than tripled in Linn County since 2019. The same is true for the number of people arrested for intimidation with a dangerous weapon and going armed with intent, Maybanks presented.

Gardner said that neither he nor the county attorney are “anti-gun,” but he voiced his opposition to the gun law, calling it simply, a “bad idea.“

“We’re not trying to take your guns away,” Gardner said. “We want people to be aware of how dangerous this amendment is. The wording of the amendment is trying to call back Iowa’s gun laws to the absolute bare minimum. It’s a bad idea. It’s a terrible idea.”

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