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Lawmakers: Amendment is narrowly tailored

In addition to picking their elected officials on Tuesday, Iowa voters will pass judgment on a proposed amendment to the state Constitution that would impact how guns are regulated.

A ballot question will ask voters if this amendment should be approved:

“Article 1 of the Constitution of the state of Iowa is amended by adding the following new section: Right to keep and bear arms Sec. 1A. 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. Any and all restrictions of this right shall be subject to strict scrutiny.”

State Sen. Tim Kraayenbrink, R-Fort Dodge, summed up the proposed amendment this way: “This makes it harder for them to get guns away from law-abiding citizens.”

He said the phrase strict scrutiny means “the highest level of proof is needed to overturn something.”

“This means the Iowa Supreme Court could never come in and overturn any Second Amendment language,” said state Rep. Mike Sexton, R-Rockwell City.

“As a practical matter, day in and day out nobody will see any difference in what we have now,” he added.

The proposed amendment was approved by state lawmakers during two consecutive General Assemblies before being placed on the ballot.

Sexton and state Rep. Ann Meyer, R-Fort Dodge, noted that 44 other states already have similar provisions in their constitutions.

Concern about what the federal government might do to restrict gun rights was one of the factors that prompted lawmakers to put the proposed amendment before the voters, according to Meyer. She said there is a belief that President Joe Biden wants to limit Second Amendment rights.

“Regardless of whatever happens federally, Iowans won’t be denied their Second Amendment rights,” she said.

The strict scrutiny phrase, she said, makes the amendment narrowly tailored to preserve Second Amendment rights.

She said if the amendment is approved, the minimum age for buying a gun will remain in force, and background checks before making such a purchase will still be required.

“It will only come into play if someone tries to write a law that restricts Second Amendment rights,” she said of the amendment.

The local lawmakers do not envision any unintended consequences of approving the amendment.

“We’re not alone in this,” Kraayenrbink said. “If there were any unintended consequences they would have already raised their ugly head in one of the many other states that already have this.”

If the amendment is approved by the voters, it will go into effect immediately.

Meyer said there are no gun cases in Iowa courts right now that would be impacted by approval of the amendment.

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