May 23, 2012

Dispute over gun rights leads to walk-out

There’s a bit of a showdown over gun rights in the Iowa House. Democrats accuse Republicans of a “double-cross” and the 40 House Democrats have walked out of the statehouse in protest rather than debate two gun-related proposals today.

Democrats say they were led to believe the bills would not be debated today. House Republican Leader Linda Upmeyer disputes that account.

“None of that is accurate,” Upmeyer told reporters this morning.

House Democratic Leader Kevin McCarthy said Democrats are standing up against a Republican bid to “abuse their power” and add “extremist” gun rights language to the state constitution that will “turn Iowa into the Wild, Wild West.”

Upmeyer said the proposal cleared a House committee and was included on the list of items eligible for debate today.

“So I don’t know how they were double-crossed,” Upmeyer said. “…I just don’t know what the surprise is.”

House Speaker Kraig Paulsen, the top Republican in the legislature, said he does not intend to debate without Democrats present.

“We have 100 members here. They represent 30,000 people each,” Paulsen said. “I think the preferred method is to have them here. I don’t know why the Democrats left the building over a fundamental constitutional right (to keep & bear arms, which is what the resolution at the center of this controversy addresses) and having a debate on that, but hopefully they’ll be back here in a reasonable time and we can move forward with the debate.”

Paulsen hasn’t talked with the Democrats’ leader.

“We’ve got a responsibility to run the institution and he does, too,” Paulsen said, “so I would assume he will let me know his plan at some point in time.”

Paulsen told reporters it is “absolutely ridiculous” to suggest Republicans “double-crossed” Democrats in the House. He added that Iowans expect lawmakers to “go to work” — suggesting a walk-out would not be popular with the public. The chair of the Iowa Democratic Party issued a written statement of support, saluting her fellow Democrats in the House for their action.

Iowa House committee debates local gun restrictions (audio)

A committee in the Iowa House has approved a bill that aims to get rid of city or county ordinances that forbid guns in certain public areas.

A 2010 state law set up a new, streamlined process for Iowans who want to get a permit to carry a concealed weapon. Representative Matt Windschitl, a Republican from Missouri Valley, says the gun rights of those Iowans are being violated by local ordinances that forbid guns in places like courthouses and hospitals.

“We have 102,000 Iowans out there who now have a permit to carry (a weapon),” Windschitl says. “There’s been no blood in the streets. There’s been no vigilantism. There have been very few reports at the Department of Public Safety about someone getting engaged in criminal act who possessed a permit to carry a weapon.”

AUDIO of Windschitl’s opening remarks on the bill, runs 5:20.

Windschitl is critical of advice Iowa’s attorney general gave local government officials, suggesting gun owners like him could be charged with trespassing if they bring a gun into a public place which locally-elected officials have declared a gun-free zone.

“Am I expected to stop by every (county) courthouse or every town hall and ask them and say, ‘Hey, can I walk across the park and then all of a sudden be caught by an officer and charged with trespassing?” Windschitl asked rhetorically during the committee meeting.

Windschitl objected, but the committee voted 12-9 in favor of altering his proposal to continue to allow gun bans at Iowa hospitals, courthouses and city halls. Gun restrictions would be banned in other public areas of the state if the bill becomes law.

Representative Ako Abdul-Samad, a Democrat from Des Moines, voted against the bill and suggested it was time, instead, to “do something about guns on the street.”

“Because in 1997, December 10th, I walked in the hospital at my son with a hole in his chest,” Abdul-Samad said during the committee meeting.

His 20-year-old son was shot to death by an 18-year-old.

“Since I’ve been on this committee, we have dealt with bills to put guns in people’s hands, how to let people shoot more people, how to turn around and stand your own ground,” Abdul-Samad said. “…Let’s put some parameters around where people can carry guns.”

AUDIO of Abdul-Samad’s remarks during committee, mp3 runs 4:19.

The Iowa House Public Safety Committee also has endorsed a resolution which eventually may lead to adding the “Second Amendment” language regarding gun rights that’s in the federal constitution to Iowa’s constitution. However, gun rights advocates want tougher language that would help gun owners sue to get rid of gun restrictions, like the requirement to obtain a permit to carry a weapon.

Another gun bill emerges in Iowa House, aimed at “weapons-free” zones

Iowa cities and counties would not be allowed to ban firearms in government-owned buildings if a bill gun rights advocates are pushing for becomes law.

The legislation would establish a fine of as much as $5000 for city and county officials who would let such gun restrictions stand. Representative Matt Windschitl, a Republican from Missouri Valley, says he’s aware of at least 13 localities in Iowa that have some type of ban on firearms in public places.

“A lot of people think that if we put restrictions on firearms that all of a sudden that’s going to make our city streets safer. Really? There’s criminals out there that don’t abide by the law right now,” Windschitl says.

The bill cleared an initial, three-person panel Tuesday and now awaits action in a House committee. Kate Carlucci of the Iowa League of Cities says communities should be able to decide whether public places should be weapons-free zones, as many businesses are making that call.

“A city should have the power to exercise that same right as a private business owner,” Carlucci says.

Windschitl also would like to let gun owners bring their weapons inside the statehouse. “I’m appalled that they’re not allowed to, and that’s actually an administrative rule and I’ve looked at trying to change that for years,” Windschitl says. “But I know in the current climate there’s people that wouldn’t want to see that changed.”

After the 9/11 attacks, metal detectors and security guards were stationed at the public entrances to the statehouse……..

 

Proposal would yield toughest defense of gun rights in U.S.

A proposal to add an amendment to the Iowa Constitution that would ensure Iowans have the right to keep and bear arms has cleared an initial hurdle in the Iowa House.

Representative Matt Windschitl, a Republican from Missouri Valley, says Iowa is one of just six states with a constitution that does not provide “gun rights” to its citizens.

“I’ve gotten a lot of people who have talked to me about stuff like this. Why don’t we have that protection in our constitution?” Windschitl says. “There’s a great unease out there.”

If adopted, this proposal would be the toughest constitutional defense of gun rights in the country. Representative Deborah Berry, a Democrat from Waterloo, says she supports the “second amendment rights” spelled out in the U.S. Constitution.

“You know my father was a hunter and so I know all that, but I think sometimes there are some consequences to some of the things we do related to guns and what have you and I’m concerned about that,” Berry says. She says she wants to know more about the proposal before she’ll decide whether to support or oppose it.

Richard Rogers of the Iowa Firearms Coalition says there’s nothing in the state constitution to “guarantee” gun rights in Iowa.

“As our constitution states, you have an inalienable right to defend yourself from threats, but to say that you have that right but that you do not have the right to possess an effective means of doing so, a tool — doesn’t have to be a gun, by the way — that’s nonsensical,” Rogers says.

Supporters like Rogers say the modern-day U.S. Supreme Court has narrowly ruled on gun rights issues and it’s important to enshrine those rights in the state constitution.

“The right to keep and bear arms….despite the fact that it’s an inalienable right, it seems to be one that people try to figure out ways around the constitutional guarantee, to kick it to the curb, sweep it under the rug and so we’ve learned by experience,” Rogers says, “and that’s why this is worded somewhat differently.”

If Iowans approve this constitutional amendment, Representative Windschitl says it would be possible for advocates of gun rights to sue to to get rid of some gun-related laws, like the state law which requires Iowans to get a permit to carry a concealed weapon.

“The intent of this is not to cause controversy,” Windschitl says. “The intent of this is to protect Iowans second amendment rights and it’s meant to do that with the strongest language possible because there have been so many judicial abuses, in my opinion, of our second amendment rights. We’ve come so close to losing those fundamental rights. This is why we have the language crafted as we do.”

The process of amending the state constitution isn’t easy. This proposal must pass the Iowa General Assembly this year, and then sometime in 2013 or 2014 before Iowans could vote on the proposed amendment in November of 2014. Early this morning (Thursday), a three-member House committee gave its approval to setting that process in motion. The proposal — it’s not a bill, but a resolution — will next be considered by the House Public Safety Committee.

Bill would give Iowans protection in cases of “justifiable force”

A three-member panel has given initial approval to a proposal that would broaden the definition of “justifiable force” for Iowans who believe they face a threat from an attacker and shoot a gun in defense.

Representative Matt Windschitl, a Republican from Missouri Valley, says it’s about protecting law-abiding Iowans from frivolous lawsuits.

“What we’re trying to address is Iowans’ individual right to protect themselves and their neighbors from any kind of threat or harm without having to face any kind of civil liability,” he says.

The three-member House subcommittee that considered the bill held a sort of public hearing yesterday that drew critics of the plan. Polk County Attorney John Sarcone suggested the proposed change would give defense attorneys another tool to try to justify the criminal conduct of gang members or those accused of domestic abuse.

“We’d allow people to get off because someone made a comment or looked at somebody the wrong way,” Sarcone said.

This same “justifiable force” proposal was introduced last year, too, but never cleared a committee in the House or Senate.

Santorum says the GOP has “three primaries” underway (audio)

Rick Santorum

Five GOP presidential hopefuls will be in Iowa Tuesday, but Rick Santorum had Iowa all to himself  today. He went hunting at a private hunting lodge near Adel and bagged four birds.

“There’s only one thing better than getting a bird, and that’s watching your son — in his first hunt — get a bird and he had a lot of good shots today,” Santorum said of his son, John. “We had a lot of fun.”

Santorum’s campaign invited the media to Don’s Hunt Club, private property where hunters like Santorum can pay to shoot pheasants, quail and chukar partridges on the property.  Santorum told reporters he and his fellow candidates are competing for support in the three wings of the party.

“There’s the libertarian primary, which Ron Paul’s going to win, then you’ve got the moderate primary which Gingrich and Romney are scrumming for and then you’ve got three folks who are running as strong conservatives,” Santorum said, “and I think if we win that primary, we’re in pretty good shape.” 

Santorum describes himself as a “steady” campaigner who has now held nearly 350 town hall meetings in Iowa.

“I think we’ll see, in the end, that a lot of folks respect that,” Santorum said.

Congressman Steve King was in Santorum’s hunting party, but King still hasn’t decided if he’ll endorse a candidate before the Caucuses. 

“I want my head and my heart to come together and when that happens and if that happens, I’ll jump in with both feet and I hope it’s not after the ship’s already left,” King said, a reference to the January 3rd Caucuses, “but it could be.”

Last week three-time Republican gubernatorial candidate Bob Vander Plaats endorsed Santorum. Santorum this afternoon dismissed the idea he or Vander Plaats may have violated campaign finance rules by discussing the need to raise money to promote the endorsement.

“Some people who didn’t get the endorsement are trying to stir the pot to make it, you know, what it isn’t,” Santorum told reporters. “…I don’t know what he said to anybody else, but what he said to me was about as benign a statement as, you know, ‘This is what we would do with the endorsement and this is what we want to accomplish,’ in a sense trying to tell us how significant that endorsement is in the sense that he would not only endorsement but he would try to do some things to make that endorsement have a bigger effect than just going and doing a press release.”

Santorum bought himself and his two sons new guns — Weatherbys — for Christmas and his son shot his first bird with the first shot out of his new gun.

Here’s AUDIO of the first half of Santorum’s remarks to reporters. Here’s the AUDIO of the second half.

Bachmann tells Mt. Pleasant crowd her favorite gun is the AR15

Republican presidential candidate Michele Bachmann says her ”favorite gun” is the civilian version of the military’s M16 assault rifle.

Bachmann is more than half-way through her quest to visit each of Iowa’s 99 counties and during a stop in Henry County late Wednesday afternoon, Bachmann was asked to explain her views on gun rights.

 ”I own some guns,” a man on the crowd said, asking Bachmann: “How are you on the Second Amendment?” 

The U.S. Constitution’s Bill of Rights includes a Second Amendment which says Americans have the right to “keep and bear arms.” Bachmann told the man and the rest of the crowd in Mount Pleasant that she has earned an A-plus rating from the National Rifle Association.

“I learned how to hunt here in Iowa from my dad. I went to gun safety when I was 12 and I  helped Minnesota pass a conceal to carry law,” Bachmann replied. “I have a conceal to carry permit myself.” 

In 2003, when Bachmann was a state senator, the Minnesota legislature passed a law which said that Minnesota officials “shall issue” concealed weapons permits, limiting the discretion of local law enforcement officials and requiring them to issue permits to Minnesotans who meet the minimum requirements. 

During that campaign stop in Mount Pleasant on Wednesday afternoon, Bachmann grew laughter and applause with this admission: “My favorite gun is the AR15 and I’m a really good shot.”

The AR15 is a lighter version of the AR10. While the gun itself weighs up to eight pounds, it gets a bit heavier when the ammunition is loaded.

Today and tomorrow, Bachmann will visit 16 counties. About 100 people turned out for her stop at a bakery in West Burlington on Wednesday.

“Iowa is a word-of-mouth state,” Bachmann told a local radio reporter. “It’s a very personal, person-to-person state and I think the very best way to campaign is positively, on the ground, going from city to city, meeting as many people as we can.”

Bachmann’s first stop today is at the National Motorcycle Museum in Anamosa.

(Theresa Rose at KILJ in Mount Pleasant and Michael Cation at KBUR in Burlington contributed to this report.)