New Weapons Carrying Law
January 24, 2011
The debate over cities' and counties' ability to ban weapons from their public buildings and properties continues. A thorough treatment of the debate is in the January 24, 2011 Des Moines Register at http://www.desmoinesregister.com/article/20110124/NEWS/101240320/Bans-on-guns-weighed-for-city-county-buildings
Please call or send us an e-mail if you or your patrons need legal information.
Mandy Easter
January 12, 2011
There is information on the new weapons carrying law on the Iowa League of Cities website.
January 4, 2011
There was an article in the Des Moines Register on Dec 31, 2010 entitled "New gun law triggers many questions from public."
In the article it said "The Iowa attorney general's office on Thursday sent two letters stating that cities and counties do have the authority to regulate weapons on property owned or directly controlled by the local government. The letters went to public officials - a state legislator and a county attorney - who had questioned whether such bans were permitted under the new law taking effect Saturday. One of the letters answering "yes" was copied to all 99 county attorneys."
"Q. Can Iowa cities and counties restrict guns from being carried on public property?
A. Yes, according to the Iowa attorney general's office. The best method for a city council or county board of supervisors is to pass a resolution or motion, Assistant Attorney General Michael Bennett said. Local authorities should clearly post the weapon restrictions on entryways to affected public property. They can use the criminal trespass statute as enforcement, he said."
Sandy Dixon
December 10, 2010
We have been fielding lots of questions from the public about the new weapons carrying law passed by the 2010 legislature, which takes effect on January 1, 2011. Since it's not yet codified--it'll be online and published in print sometime in January--you will need to refer inquiring patrons to the bill, rather than the statute: Senate File 2379. Instruct them to visit the Web site for the Iowa General Assembly at www.legis.state.ia.us. In the upper right-hand corner of the page is a search box labeled "Quick Find: Bills and Iowa Code." Just type 'sf2379' (no punctuation or spaces) into this box and click on "Go." The enrolled version of the legislation will pop up. This law makes Iowa a "shall issue" concealed carry state, requiring sheriffs to issue a permit to carry a concealed weapon to all applicants, unless they are subject to certain specific disqualifiers. Previously, Iowans applying to carry a weapon had to prove the need to carry one and then the local sheriff had the power to decide whether or not to issue the permit, based largely upon the applicant's reputation within his or her community. Furthermore, most sheriffs currently require gun owners to keep their firearms concealed in public, but under the new law, they can no longer add that restriction. The Department of Public Safety's Weapons Bureau expects many more Iowans to be carrying weapons--concealed or openly--after the New Year. The Department has set up a Web page to educate the public about the new law. .
Iowa Code chapter 724 is entitled "Weapons" and contains our state laws pertaining to all kinds of offensive weapons, as well as hunting and collectible weapons. It will be helpful to your patrons to print this chapter along with SF 2379 and look at both documents side-by-side, since the bill amends the chapter. At the above Web site, just type '724' into the "Quick Find" search box and click on "Go."
A couple of librarians have called us with concerns that the new law allows the open carrying of weapons in public buildings and wondered if there was an exemption for public libraries, since children are present in them. Iowa Code sections 724.4 (Carrying Weapons), 724.4A (Weapons free zones--enhanced penalties) and 724.4B (Carrying weapons on school grounds--penalty--exceptions) pertain to that question. Sections 724.4A and 724.4B were not amended in 2010 and continue to name schools and public parks as the sole exemptions to the carrying laws. Public libraries are not exempted from the carrying laws.
Recently, the City of Clinton made news with its proposal to declare all its properties "weapons-free zones." The police chief stated that it's not just about protecting the public, but protecting city employees, as well. When concern was expressed about such a ban being challenged, City Attorney Jeffrey Farwell said he believes the city has legal precedent to enact a weapons ban for all buildings occupied or leased by the city. If librarians and/or library boards of trustees have similar safety concerns, they may want to begin discussions with their city managers, attorneys or mayors about potential policies, procedures or ordinances that could help allay any fears regarding the safety of patrons and staff in light of the new weapons carrying legislation. It is also unclear at this point whether or not it would be legal for an establishment--a restaurant, a grocery store or a public library, for instance--to post a sign on the door which reads, "No weapons beyond this point." As with most statutes, it will be up to the courts to sort out the details of implementation.
Please call or send us an e-mail if you or your patrons need legal information.
Mandy Easter
DISCLAIMER: The State Law Library of Iowa does not provide legal advice, nor should any response given be construed or interpreted as legal advice. To obtain legal advice, contact an attorney or the Iowa State Bar Association's free Find-a-Lawyer Service at www.iowabar.org.
