Giffords Denounces Iowa Legislature For Passing Extreme Legislation to Dangerously Weaken Gun Safety Laws by Changing State’s Constitution

 SJR 2009 puts Iowa’s current gun laws at risk by imposing strict scrutiny standard on all gun laws 

March 22, 2018 – The Iowa Legislature just passed an extreme and irresponsible proposal to amend Iowa’s Constitution and jeopardize the state’s current gun safety laws. Giffords, the gun violence prevention group founded by former Congresswoman Gabrielle Giffords and Captain Mark Kelly, recently launched a digital campaign warning Iowans of the dangers this bill will pose to Iowa families and communities. Watch the ad here.

“The same week students from across the country will march to demand that politicians step up to protect them, the Iowa Legislature passed an extreme law that threatens the safety of Iowans. Only three states have adopted the extreme policy of mandating in their constitutions that courts apply “strict scrutiny” to firearm regulations, provisions that have absolutely no historical basis in state constitutions,” said Peter Ambler, Giffords Executive Director.“With the Senate vote last night, Iowa schools and communities are left more vulnerable. Iowa legislators are caving to the corporate gun lobby, but we will not stop fighting for Iowa children and families.”

An amendment to the Constitution must be approved by two consecutive general assemblies before going to Iowa voters to consider.

DANGERS OF PROPOSED CONSTITUTIONAL CHANGES

• The amendment threatens to dangerously weaken Iowa’s gun laws by making it much easier to challenge those laws in court. The amendment requires courts to apply “strict scrutiny” to “any and all” restrictions on individuals’ right to possess and carry firearms. This is a dangerous and radical policy that would constrain the discretion of Iowa’s legislature to regulate guns and force state judges to apply a technical and confusing legal standard, “strict scrutiny,” under which laws evaluated are more frequently struck down than when any other standard is applied. As a result, the amendment could result in courts striking down the important existing laws that keep Iowans safe from gun violence, like handgun licensing and background check laws. The amendment would also encourage much more litigation over Iowa’s laws, even laws that are clearly constitutional, like laws banning firearm possession by criminals, violent domestic abusers, or the dangerously mentally ill.
• The amendment would make it difficult or impossible to pass important gun safety regulations in the future. By requiring that “any and all restrictions” on firearms by subjected to the strict scrutiny standard described above, the amendment could threaten the future viability of a variety of gun safety measures in Iowa, like firearm dealer regulations, or state taxes or fees that cover the cost of administering any of Iowa’s existing gun laws. Regulations like these are critically important in ensuring that Iowa’s existing firearm laws are enforced, but because they fall within the scope of the amendment’s description of “any and all restrictions,” important regulations like this would be harder to adopt because they would potentially be subjected to litigation in the future.

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  Giffords is a nonprofit organization dedicated to saving lives from gun violence. Led by former Congresswoman Gabrielle Giffords and her husband, Navy combat veteran and retired NASA astronaut Captain Mark Kelly, Giffords inspires the courage of people from all walks of life to make America safer.