William Petroski

bpetrosk@dmreg.com

The Iowa Senate voted Tuesday to approve legislation making sweeping changes to the state's firearms laws, including a controversial stand-your-ground provision authorizing deadly force.

House File 517, which has already passed the Iowa House, was approved on a 33-17 vote. Because the bill was amended, it must return to the House. But House Republican leaders are expected to accept the changes, which means it will likely be headed soon to Gov. Terry Branstad, who is expected to sign it.

The language on standing one's ground says a law-abiding person does not have a duty to retreat before using deadly force with a gun, which prompted criticism that it will lead to an increase in gun violence. The legislation's supporters said those worries were unfounded.

"The use of deadly force or any force has to be justified in defense of yourself or another, and the force has to be reasonable. Those two things don’t change here," said Sen. Dan Dawson, R-Council Bluffs, the bill's floor manager, who is also an Iowa Division of Criminal Investigation agent.

The legislation specifies that reasonable force, including deadly force, may be used even if an alternative course of action is available, if the alternative action entails a risk to life or safety, or the life or safety of a third party.

The bill would allow children to possess a pistol or revolver while under direct supervision of a parent or guardian who is at least 21 years old. In addition, the measure would create a uniform permit to carry weapons and provide for five-year permits to acquire handguns rather than single-year permits. Some other changes include allowing persons with permits to carry weapons to possess concealed handguns in the Iowa Capitol and striking possible restrictions on firearms sales during an emergency. The bill would also provide permit-holder confidentiality, add penalties for illegal sales and legalize short-barreled rifles and short-barreled shotguns.

All 29 majority Republicans voted for the bill, along with four Democrats. The bill's approval in both chambers is a major victory for supporters of Second Amendment rights who had sought similar legislation in past years, but were blocked by Senate Democrats who lost control in November's elections.

"This is one of the most exciting days since I have been here," said Sen. Mark Chelgren, R-Ottumwa, who is serving his seventh year in the Senate. He praised the legislation and he said the Second Amendment represents more than simply the ability to use a firearm to hunt for food.

Sen. Jerry Behn, R-Boone, said the legislation gives law-abiding citizens the protections they need.

"Criminals don't follow the rules and regulations," he said.

Sen. Pam Jochum, D-Dubuque, who opposed the measure, contended the bill does nothing to increase public safety.

"Our current laws address all of the issues that I have heard raised," Jochum said. "You do not have to retreat. You can protect yourself and your property. This bill goes too far. It is no longer balanced.”

Senate Minority Leader Robert Hogg, D-Cedar Rapids, said he wanted to make it clear that "Democrats are not against guns." But he said Iowa already has good firearms laws, as well as a higher rate of gun ownership than most states and a lower rate of gun violence.

Hogg said he is concerned the bill will put more Iowans in danger and more law enforcement officers in danger. He said the measure expands the use of deadly force in a manner that is prompting some Iowans to believe the public will have more of a right to shoot people than police officers.

"For somebody to suggest that you need a bill to protect your constitutional rights is not accurate," Hogg said. "Your constitutional rights are your constitutional rights."

The provision on standing one's ground is the most controversial section of the bill. The bill's opponents have pointed to research published in the Journal of the American Medical Association that shows Florida’s gun deaths have increased 31 percent since such legislation was enacted in 2005. In particular, they have raised concerns the provisions could lead to the deaths of African-Americans because of racial bias by whites making split-second decisions to shoot. Supporters of the legislation have said the provisions are important for self-defense, particularly in rural areas where law enforcement officers can't always quickly respond to emergencies.

"Stand your ground is not a license to kill," said Sen. Brad Zaun, R-Urbandale. He called the legislation "a huge step forward in restoring our Second Amendment rights."

Sen. Julian Garrett, R-Indianola, said the bill was the product of Iowans who have "worked and worked and worked" and have persistently contacted their legislators year after year.

"Folks, your work has paid off," Garrett told the bill's supporters in the Iowa Senate gallery. "I just commend you. You are the ones who get the credit for what has happened. We are just responding to what our citizens have asked us to do. I want to thank you for your work and perseverance."

But Sen. Janet Petersen, D-Des Moines, said the legislation will not make Iowa a safer place to live. She particularly disputed the idea that Iowans cannot defend themselves under current state law. ”That is simply not true," she said.

The bill is supported by the National Rifle Association, the Iowa Firearms Coalition, the National Shooting Sports Foundation and ABATE of Iowa. Opponents include Iowans for Gun Safety, the Iowa County Attorneys Association, Iowa Attorney General Tom Miller, the American Civil Liberties Union of Iowa, Iowa Coalition Against Domestic Violence, Iowa Judicial Branch — Supreme Court, Iowa League of Cities, Iowa State Association of Counties, Iowa State Bar Association, Iowa Judges Association, NAACP of Iowa and Nebraska and the Polk County Board of Supervisors.