NRA Proposals for Iowa 2010 Legislative Session

[52grain]

IOWA WORKER PROTECTION
WHAT IT SEEKS: Draft legislation calls for allowing people who lawfully possess a firearm to store it in a locked, privately owned car in any parking area, even a lot owned by a private employer. As an alternative, employers could choose to provide "facilities for the temporary storage of unloaded firearms."
EXEMPTIONS: It wouldn't apply to any property where state or federal law prohibits the possession of firearms.
CURRENT LAW: Iowans with a weapons permit can transport and store firearms in privately owned motor vehicles, but employers can forbid weapons on company property.
QUOTE: House Majority Leader Kevin McCarthy, D-Des Moines, who says he supports Iowans' rights to keep and bear arms, said: "As someone who has an 'A' rating from the NRA, that proposal is so far out of the mainstream as to not be taken seriously, and I hope the NRA doesn't pursue it because it hurts their credibility."

CONCEALED WEAPON PERMITS
WHAT IT SEEKS: Draft legislation calls for moving from a "may issue" system, where sheriffs have discretion over whether to issue a permit to a particular person and to impose case-by-case limitations, to a "shall issue" system, where everyone who meets a list of qualifications has a right to obtain a permit.
EXEMPTIONS: Sheriffs could deny a permit to fugitives, those under indictment for felonies, those subject to certain restraining orders, those addicted to alcohol or any illegal substances, and those adjudicated mentally impaired. For someone to be denied due to "repeated acts of violence," the sheriff must have evidence of an investigation, such as an actual arrest and conviction, or an investigation by a state agency.
AGE LIMIT: Under current Iowa law, no one under 21 can get a non-job-related permit, but those 18 to 20 can get job-related permits. The proposal would retain those parameters but clarify the language. Federal law prohibits anyone under 21 from owning a handgun.
EXPIRATION DATE: Permits would be valid for five years instead of one year.
SUSPENSION: A sheriff could still immediately suspend a permit when a person is arrested or taken into custody for a crime or proceeding that could lead to disqualification for a permit, but the suspension would then be subject to review.
TRAINING: Requirements would be standardized. Currently, training varies from county to county because each sheriff decides what's sufficient.
RECIPROCITY: Iowa would recognize other states' permits if the requirements are as strict or more strict than Iowa's. Iowa currently has no reciprocity.
APPEAL: Those who are denied permits would have an avenue to appeal under the state's administrative law code. Currently, the sheriff's word is final.
QUOTE: House Majority Leader McCarthy: "Iowa has 99 different procedures, and I support uniformity and standardization of weapons permits. Whether the NRA's piece is the answer, we'll have to see. We may need to work with the sheriffs on that." McCarthy controls what bills are called up for a vote in the Iowa House and has supported concealed weapons bills in the past.

I'll post something in activism later, but on the first proposal is this really as far out of the ordinary as McCarthy would lead us to believe? How does this compare to laws in other states?

 

[P.O.2010]

"Federal law prohibits anyone under 21 from owning a handgun."

I just want to point out that federal law does not prohibit a person from owning a handgun under the age of 21, they just can't buy a handgun from a FFL. You can have a handgun at age 18, depending on state law.

As for how the proposed changes compare to other states, they are more or less comparable. The vast majority of states are "shall issue" with Alaska and Vermont requiring no permit, a handful of states (NY, NJ, MD, CA, MA etc) greatly restricting the 2nd Amendment and places like DC and Wisconsin where CCW is prohibited.

The first proposal is no in no way, shape or form unusual or out of the ordinary. That's simply hyperbole. Even in NYC you can enter a courthouse with a loaded firearm (assuming you have a carry license) and check the weapon with the court officers who will place it in a locker for you while you go about your business. There are large signs that tell CCW holders where and how to proceed. The idea of requiring that people be allowed to keep a weapon securely locked in a vehicle or have an otherwise secure place to put it is not outside of the mainstream by any means.

 

[MTHanded]

I can attest to the fact that there are 99 different rules that are applied 99 different ways here in Iowa. I have no record, no arrests, clean. I was told by the sheriff that I needed a really good reason to get a permit and even then that won't be enough since our sheriff doesn't believe that anyone except law enforcement and his civilian friends should have permits. Two counties over however, just about anyone can get a permit and that's how it goes in every county with the sheriff have the final say. Another point is that they put on the required class whenever they feel like it and will announce it just a few days in advance. I'm told that by not scheduling the class in advance, some people cannot plan to have that day off and that weeds a few more out of the process.