On Nov. 8, you will be asked to vote on an amendment to the Iowa Constitution. Here’s how it will read on the ballot: “the right of the people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right.” It’s this third statement that creates the significant concern: “Any and all restrictions of this right shall be subject to strict scrutiny.”
Very simply, strict scrutiny is a legal test. It is the highest level of scrutiny a court can use to decide whether a law is unconstitutional. Under this amendment, judges would be forced to use this unusually stringent standard of review when considering legal challenges to any restrictive gun law. Inserting gun rights with strict scrutiny into the constitution would tip the balance of power elevating access to guns above public health and safety. Common sense gun laws would likely be struck down when challenged in court and it would be almost impossible to pass any sensible gun laws in the future.
Iowa currently has laws in place to protect against felons and domestic abusers from possessing firearms. If adopted, this amendment potentially jeopardizes these prohibitions. It would force spending tax dollars on costly legal battles to continue to support our current public safety laws.
Only three other states have similar language in their constitution, Louisiana, Alabama, and Missouri. They have the third, fourth and fifth highest death rates due to gun violence in the country. Louisiana and Missouri currently acknowledge that they are spending a significant amount of time and money defending exactly this type of gun amendment. We do not want to follow in their footsteps.
This amendment will give easy access to guns, including those who may be a risk to themselves and/or others. It will give dangerous and violent criminals access to guns and will mean more untrained people carrying guns in public and in our schools..
In 2020, homicides by gun increased in Iowa by 80%. This is one reason law enforcement opposes this proposal.
Iowans believe in common sense gun laws including:
• 91% support banning carrying a firearm while under the influence of drugs or alcohol
• 85% support prohibiting felons from possessing firearms
• 85% support requiring background check on all gun purchases
• 83% support requiring gun safety course before the purchase of a firearm
Most states that have gun rights language in their state constitution mirror the Second Amendment. The proposed amendment goes far beyond the Second Amendment. It puts the right to possess and carry a gun without any infringement above the right to public safety for our communities and children. This is why this amendment has been called the “Reckless Gun Amendment”. Please vote NO on Public Measure #1 on Nov. 8.
League of Women Voters suggests voting “NO” on Public Measure #1
League of Women Voters
of Mount Vernon and Lisbon
October 20, 2022