Brianne Pfannenstiel

bpfannenst@dmreg.com

The Iowa House approved sweeping changes to the state's firearms laws Tuesday after hours of emotional debate that focused on provisions enhancing "stand your ground" laws and clarifying when cities and counties can establish gun-free zones.

House File 517 passed on a mostly party-line vote. It now advances to the Senate.

“This bill is an overall balance and protection of those rights that Iowans need, deserve and that have not been acknowledged for many, many years," said Rep. Matt Windschitl, a Missouri Valley Republican and the bill's floor manager. “This is also a balance in regards to what law enforcement has to do to protect and serve the citizens of the state of Iowa."

He said the bill does not include everything he would have liked, including things such as permit-less carrying of weapons. But, he told a group of supporters at a rally earlier in the day, the legislation is a big step forward that also "sets us up for future successes."

Democrats argued the bill already goes too far.

Rep. Mary Wolfe, D-Clinton and the top Democrat on the House Judiciary Committee, said she supports the Second Amendment and supports many of the provisions of the bill. But she said she disagrees with changes to Iowa's existing "stand your ground" laws, which protect people who use deadly force in self defense.

“This bill has pieces in it that make Iowa a more dangerous place to live," she said. "It may not be the intention, but that is indisputably the result."

Here's a look at some of the debate.

State pre-emption

What the bill does: Existing law says any "political subdivision" cannot enact bans on carrying firearms, but there has been dispute for years about how that law should be interpreted. The bill maintains current law but explicitly defines "political subdivision" as cities, counties and townships.

It strips out original language that would have blocked the Board of Regents from enacting gun-free policies on university campuses.

Windschitl said the bill does not force cities and counties to change existing policies, but it does provide an avenue for Iowans to challenge those gun-free policies in court.

Arguments: Although the version of the bill passed Tuesday is scaled back from its original draft, Democrats still said they worry people would carry weapons into tense situations, such as city council meetings.

"Cities and counties often debate and discuss controversial issues at their meetings," said Rep. Mary Mascher, D-Iowa City. "Emotions can run high and those elected officials should be able to pass policies that protect themselves and others in the community who may be attending those meetings."

Rep. Dave Heaton, R-Mount Pleasant, said he supports most of the bill, but this provision would keep him from voting for it. He pointed to the 1986 murder of then-Mount Pleasant Mayor Edd King, who was shot by an angry constituent during a city council meeting.

“My town will never forget what happened," Heaton said. “They are my constituents. I can’t support this bill because of what this bill does."

Democrats called it "hypocritical" for Republicans to prevent cities and counties from limiting firearms use while, in the same bill, including restrictions on gun use in the Des Moines Capitol.

The legislation would allow permit-holding Iowans to carry concealed handguns in the Capitol, which is currently prohibited. But it does not allow them to openly carry or to carry long guns.

But Rep. Steven Holt, R-Denison, said it is "naive" to think gun-free zones will protect people.

“Those who are disarmed in a gun-free area are the law-abiding citizens, not the criminal," he said. "Those wishing to do harm for their fellow man will not respect the law and will know that they are in a gun-free area as they execute their senseless attack on the innocent and unarmed."

Stand your ground

What the bill does: The bill says a law-abiding person does not have a duty to retreat from “any place where the person is lawfully present” before defending themselves with deadly force. It also says a person may be wrong in their estimation of danger or about how much force is necessary “as long as there is a reasonable basis for the belief … and the person acts reasonably in response to that belief.”

Iowa law already allows Iowans to "stand their ground" and use reasonable force if they believe they or others are under threat. It requires them to retreat only if they are certain doing so won't put them or others in jeopardy.

Arguments: Wolfe said the law already is effective at protecting Iowans who use reasonable, deadly force when people are in danger. She said she is concerned the bill opens up the possibility for Iowans to use reasonable, deadly force if property is in danger.

Rep. Ras Smith, D-Waterloo, pointed to a study from the Urban Institute that found homicides with a white perpetrator and a black victim are 281 percent more likely to be ruled justified than cases with a white perpetrator and white victim.

"The idea that you can be wrong in your estimation of a threat, but as long as you have good reason, is terrifying for some of us, but only a few of us, in this chamber or in this body," said Smith, who is one of the few black legislators in Iowa. "The impact of this legislation on people who look like me but may not dress like I do when I’m here Monday through Thursday will be an increased risk of being killed."

To punctuate his point, Smith put on red headphones and pulled a gray hoodie over his head.

"This is what Rep. Smith looks like when he’s not in a suit and tie — with his tattoos on and his earrings — this is what I look like," he said. "So this is that threat that you can perceive every day."

Windschitl, who is a trained gunsmith and whose family owns a gun store, said restricting Iowans' Second Amendment rights is not the answer.

"We have to take other measures to bridge those gaps," he said. "Restricting Iowans' freedoms that are law-abiding citizens of the state is not going to fix those problems that we have.”

He said the law is not intended to provide cover for "bad actors" and is intended to strike balance with law enforcement who are seeking to do their jobs.

"This is Iowans getting to make a decision that will not put them in jail for the rest of their life if some jury thinks that they first should have tried to run away," he said. "This is allowing them the opportunity and the responsibility to make those decisions for themselves without that fear of imprisonment.”

Other provisions

Youth handgun use: Iowa law prevents minors under the age of 14 from using handguns. The bill changes that to allow those younger than 21 to possess a pistol or revolver while under direct supervision of a parent or guardian who is at least 21 years old. The bill requires the adult to be physically near the child and to maintain visual and verbal contact at all times. That adult also assumes liability for any damages resulting from the minor's possession of a pistol or revolver.

Maintaining current permits to carry weapons: The bill does not change existing requirements to obtain a permit to carry weapons, but it does create a permit that is uniform across the state.

Maintaining current permits to acquire handguns: Originally, the bill would have done away with permits to acquire handguns. The bill that cleared the House on Tuesday adds those back in, but makes them five-year permits rather than single-year permits.

Adds state-of-emergency measures: Current law allows the governor to place some restrictions on the sale of firearms during a state of emergency, and allows the governor to limit the public carrying of firearms in that situation. It does not allow the governor to seize weapons. The legislation strikes those provisions.

Adds penalties for illegal sales: The bill adds new penalties on "straw purchases" of firearms, which occur when a person asks somebody else to purchase a gun for them in an effort to bypass background checks and other restrictions. Those penalties already exist at the federal level, but the bill adds them into state law.

Creates permit-holder confidentiality: The bill would make confidential all personally identifiable information associated with those records — things such as names, birth dates, Social Security numbers and addresses.

Legalizes short-barreled rifles and short-barreled shotguns: Federal law currently allows individuals to own these guns, though they're prohibited at the state level. The legislation brings state law in line with federal law, which still requires fingerprint cards, registration of the weapon and background checks at the local and federal levels.