A look at gun laws in Iowa

Walking through a town, you might see a sign that says 'no weapons allowed” posted on a building's front door.

Walmart made waves when it announced on Sept. 3 that – though it would not ban its customers from carrying guns – it would discourage them from doing so, and that it planned to stop selling ammunition for handguns and military-style assault rifles.

Mt. Pleasant Police Chief Lyle Murray said there are a few businesses in Mt. Pleasant that have posted 'no guns allowed” or similar signs in their storefronts. He said he can't recall any problems of people bringing guns into a business where they're not allowed.

Dennis Clark owns Clark Firearms and Archery near Birmingham in Van Buren County. His personal opinion is that it's a mistake for stores to ban their customers from carrying guns.

'All you're doing is making the store a target,” he said.

On a professional level, Clark isn't sad at all that Walmart will stop selling certain types of ammo. That's an opportunity for him and other local gun shops to gain new customers.

'It's going to help the smaller guys out,” he said.

Apart from Walmart's recent announcement, Clark said he doesn't know of many businesses that have banned guns from their stores, and that it's basically a non-issue for him and other gun owners.

State government

Most gun laws are passed at the state level. One of the most significant recent changes to Iowa's gun laws was in 2011 when Iowa became a 'shall issue” state. That means when a person applies for a permit to carry a gun from their local county sheriff, the sheriff must issue the permit as long as the applicant has met all the requirements outlined in state code. Before this, Iowa was a 'may issue” state in which sheriffs had greater discretion to deny permits.

State law governs state offices, even those that are in county courthouses such as courtrooms. All courtrooms in Iowa bar weapons. The Henry County Courthouse has a sign outside its courtroom which reads 'Pursuant to the Supervisory Order issued by the Iowa Supreme Court June 19, 2017, all weapons are prohibited from courtrooms, court-controlled spaces, public areas of courthouses and other justice centers occupied by the court system.”

County governments

The three counties in the Union's coverage area have adopted slightly different attitudes toward policing guns in their county courthouses. Henry County Supervisors interpreted the Iowa Supreme Court's order as applying to the entire courthouse, not just the courtroom, and thus have seen no need to pass gun-related resolutions since.

Henry County Supervisor Gary See remarked, 'We have done nothing to further complicate what the state of Iowa has done,” he said. 'We have made no additions nor corrections.”

Jefferson County has taken a slightly different stance of barring guns in the courthouse except for those individuals who obtain a variance. Supervisor Lee Dimmitt is among those who sought and received a variance, and he is one of seven in the county who have obtained a variance. The resolution allowing for a variance dates back several years, before the state supreme court issued its order which initially barred weapons from the entire courthouse. Weapons are still barred in the state offices.

Washington County Supervisor Jack Seward Jr. said the supreme court's initial order applied to the entire courthouse, but the court later amended it so it only applied to the courtroom and clerk of court (in other words, state offices), not to gathering spaces and not to county offices. He said the Washington County Supervisors have not passed their own set of rules regulating guns in the courthouse, meaning they are allowed in the parts of the building not under state jurisdiction.

'As long as they comply with state law, we have no issues with [people] carrying guns into the courthouse,” Seward said.

Washington County Supervisor Bob Yoder said the supervisors took a vote a few years ago about whether to allow guns in the courthouse, and as he recalls, he was the only supervisor to vote against allowing guns in the courthouse. Yoder said he supports gun rights and regularly uses them, but voted against the measure because he wanted to take more time on it, and talk it over with his constituents first.

Yoder said he's never had a problem with anyone getting out of hand during a meeting to the point where a deputy needed to be called. He said he's never seen anyone become belligerent in the courthouse, even when they've had to pay delinquent fines.

Jefferson County's variance

When Dimmitt and four other people applied for their variance to carry guns into the Jefferson County Courthouse, it generated a debate among the other supervisors. Then-supervisor Dick Reed was opposed to granting the variance. Supervisor Dee Sandquist was warmer to the idea, but wanted the applicants to receive additional firearms training through the sheriff's office. Ultimately, that is what the board approved.

Dimmitt said he does not shoot guns recreationally, and just carries one for self-defense. Why? He told of an incident in 2014 when a former city manager of the city of Maquoketa opened fire during a meeting of the Jackson County Supervisors. One of the supervisors jumped across a table to tackle the assailant, who was killed when his own gun discharged into his body.

During the debate on the variance, Dimmitt pointed to the door of the supervisors' room and remarked, 'Between me and the door, a lot of people who are not happy campers come through here. I've seen them get [angry] at the treasurer's office about licenses. One time, the sheriff had to arrest an individual during our meeting,” Dimmitt said.

Preemption statute

In general, counties and cities cannot pass gun laws that are more restrictive than state law. This is known as Iowa's preemption statute, passed in 1990. Iowa Attorney General Tom Miller has stated that the statute, Iowa Code 724.28, does not restrain local governments from restricting the possession of firearms in buildings controlled by the local government. Likewise, the statute does not prohibit private businesses from restricting guns on their own property.

The statute does not apply to school property, which the federal government has declared off-limits to weapons ever since the Gun-Free School Zones Act of 1990.