Hello everyone. Recently, Iowa passed a "shall issue" law and it went into effect January 1, 2011. In wake of the law, the counties and cities have complained to the Iowa Attorney General to question whether or not they have the right to keep people from carrying on county/city property.
The new law does not change an already existing statute (Iowa code) 724.28, which states: (Imphasis mine on the bold)
724.28 Prohibition of regulation by political subdivisions.
A political subdivision of the state shall not enact an ordinance regulating the ownership, possession, legal transfer, lawful transportation, registration, or licensing of firearms when the ownership, possession, transfer, or transportation is otherwise lawful under the laws of this state. An ordinance regulating firearms in violation of this section existing on or after April 5, 1990, is void.
90 Acts, ch 1147, §9
In 2003, the Attorney General's office wrote an opinion that stated that counties/cities could not enact ordinances that covered their jurisdictions, but said that they could pass ordinances against weapon carrying on county/city owned property.
I just received an email reply from the AG's office stating that they cannot give me legal advise on city ordinances and that I should refer to my County Attorney. I had originally asked them to clarify the above law (not a city ordinance) about whether the term "lawful transportation" would include NOW-lawful carry with a permit.
My questions are:
Am I correct in reading into the "lawful transportation" term literally to include transportation on one's hip?
If I am correct in my thinking, does that then void any ordinances passed (as long as I can get a court to agree)?
I appriciate any responses, especially since I'm addressing the city council on Monday night.
You don't have to be an Iowan to respond! In case you wish to read the whole weapon law, here is the search tool and the code section pertaining to weapons is 724, (although I don't believe SF2379 has been updated into the search engine on this site yet).
The new law does not change an already existing statute (Iowa code) 724.28, which states: (Imphasis mine on the bold)
724.28 Prohibition of regulation by political subdivisions.
A political subdivision of the state shall not enact an ordinance regulating the ownership, possession, legal transfer, lawful transportation, registration, or licensing of firearms when the ownership, possession, transfer, or transportation is otherwise lawful under the laws of this state. An ordinance regulating firearms in violation of this section existing on or after April 5, 1990, is void.
90 Acts, ch 1147, §9
In 2003, the Attorney General's office wrote an opinion that stated that counties/cities could not enact ordinances that covered their jurisdictions, but said that they could pass ordinances against weapon carrying on county/city owned property.
I just received an email reply from the AG's office stating that they cannot give me legal advise on city ordinances and that I should refer to my County Attorney. I had originally asked them to clarify the above law (not a city ordinance) about whether the term "lawful transportation" would include NOW-lawful carry with a permit.
My questions are:
Am I correct in reading into the "lawful transportation" term literally to include transportation on one's hip?
If I am correct in my thinking, does that then void any ordinances passed (as long as I can get a court to agree)?
I appriciate any responses, especially since I'm addressing the city council on Monday night.
You don't have to be an Iowan to respond! In case you wish to read the whole weapon law, here is the search tool and the code section pertaining to weapons is 724, (although I don't believe SF2379 has been updated into the search engine on this site yet).