County sheriffs oppose adding Second Amendment to Iowa Constitution

DES MOINES - Iowa's guns rights would be among the strongest in the nation, under a proposed state constitutional amendment that cleared the Iowa House this week.

Democrats say the measure would eventually allow people to bring guns into Iowa's schools, the Capitol and other public buildings. That concerns county officials.

"I think one of the concerns for counties is in our courthouses where there are emotional situations, what that could lead to, particularly domestic disputes," said Sioux County Supervisor Mark Sybesma. "In our treasurer's office, a lot of times people come in very disgruntled - emotions and that type of thing. Guns sometimes aren't the best mix."

The number of Iowa gun permit holders has soared from about 40,000 to 100,000 over the past year, according to data from the Iowa Department of Public Safety. The increase came after a state law took effect in January 2011 that made Iowa a "shall issue" instead of a "may issue" state for weapons permits, largely taking away sheriffs' discretion of whether to issue those permits.

County sheriffs decided Thursday to oppose the latest move by state lawmakers to put the Second Amendment right to bear arms in the Iowa Constitution. They said the constitutional amendment would do away with the state's permitting and regulation of weapons altogether.

"We're not sure why it's necessary to move this next step so soon because we're not sure that's where Iowans want to be," said Susan Cameron, a lobbyist for the Iowa State Sheriffs' and Deputies' Association, which represents law enforcement in Iowa's 99 counties. "It goes far beyond the U.S. Constitution and what other states have done."

The Iowa House this week rejected using the wording found in the Second Amendment of the U.S. Constitution, and instead voted 61-37 for an amendment to the state constitution that says Iowans have a fundamental right to "acquire, keep, possess, transport, carry, transfer and use arms to defend life and liberty and for all other legitimate purposes" that cannot be infringed upon or denied.

House Joint Resolution 2009 also would prohibit mandatory licensing, registration and special taxation of firearms.

Cameron said while the resolution itself does not strike down Iowa gun laws, it would likely lead the courts to strike down gun laws that are challenged in court. She said the constitutional amendment would make it difficult to regulate the possession or carrying of guns in any way.

"That just really unravels any kind of regulation over firearms going forward, once anything is challenged in court," Cameron said. "Our sheriffs tell us that they're not hearing from their constituents that this is what they want. We did not feel like there was a problem in Iowa with people being able to get weapons."

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County sheriffs oppose adding Second Amendment to Iowa Constitution