Councilors to vote on gun ban (Iowa City)

[jpak]

http://www.dailyiowan.com/2011/02/15/Metro/21387.html

The National Rifle Association may be planning to challenge a new Iowa City resolution that would increase gun control on city-owned property, one Iowa City official said.

Assistant City Attorney Eric Goers, who drafted the resolution, said he is confident the NRA won’t have a case.

“I’m certainly not here to guarantee any victory,” he said. “But I think we’re in good legal standing.”

Goers was careful to specify the resolution will not apply to everything within city limits but rather only city-owned property and city buses.

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[sharesunited]

1. If such bans are enforceable on school campuses, then why not city property?

[damntexdem]

2. Good sense in a Midwest city council.

Of course the NRA will drag such a sensible ordinance through the courts and waste many taxpayer dollars; but there is hope that the ordinance will be upheld.

[DonP]

3. Iowa city joins DC, San Francisco and Chicago contributing to the NRA

DC is paying legal fees for the Heller challenge of around $3.4 million, IIRC. San Francisco got off lightly with only a $360,000 legal tab for their loss in the state pre-emption lawsuit on handguns. Chicago is estimating a $3.2 million legal bill from McDonald, but that will be Rahm's problem, well Rahm and the taxpayers.

How much does Iowa City figure to contribute to the NRA coffers?

After the Heller decision all but one of the Illinois cities (Oak Park) that had complete handgun bans wisely dropped their laws after seeing how much it was going to cost them to fight it. Now Oak Park and Chicago are on the hook for the whole bill. But I'm sure they feel good, because they stood on their principles, even though they were unconstitutional to begin with.

[jpak]

4. Freedom isn't Free - people have a right not to be intimidated by gun toters

yup

[slackmaster]

5. No, people actually don't have a right to feel any particular way

You have a right to be safe, not to feel safe.

How you feel is largely a result of your own personal choices about how to feel.

[kudzu22]

6. not

yup

[GreenStormCloud]

7. Using a gun to intimidate is illegal.

But if you feel intimidated by the mere presence of a gun then the problem is yours and not that of the armed person.

[cleanhippie]

8. Wrong again.

And to quote you:

"don't like it? Tough shit"


yup

[DonP]

9. How you doing on that large "clip" ban petition?

Let's go, you're letting things lag dammit!

I expected you to post the website by now for your proposed ban on large "clips" for all your fellow travelers to sign for you, both of them. C'mon, let's get that ball rolling for gun control. You've made it clear that you have no doubt that gun control is a majority, mainstream opinion so you should have no problems mustering a lot of grass roots support.

Then there's the need to start the whole 2nd amendment repeal process too. That's going to take some time considering what the last popular proposed amendment, the ERA went through before failing dismally.

If you don't get any of your super-duper great ideas onto some court dockets you'll be left out in the cold while the gun toters just keep getting their laws passed, again and again.

Those of us that feel differently than you will still try and keep reminding you politely, but frequently, of how very important it is to take some real action on the issues you claim to care about so much.

Better start asking for donations too. The NRA starts with 4.5 million people at $35 a year, not counting endowments and life memberships etc. You may need a bigger checkbook. Oh, I wouldn't count on getting much support from all but a small handful of elected officials either.

You have a lot of ground to cover to right all the moral and ethical wrongs re: all the guns that bother you; large "clips", semi auto assault weapons with bayonet lugs. the list seems endless I bet.

But we know you're the guy that can do it and lead the party out of their confusion of wanting to actually win elections.

[Common Sense Party]

10. You won't know when the concealed carry holders are "totin'."

They're probably totin' all around you, and you have no clue.

No one knows when I'm carrying. I hardly see how they could be intimidated by something they can't see, smell, touch or hear.

Do you have some clairvoyant sixth sense that allows you to see a concealed firearm that mere mortals can't?

I didn't think so.

And so your "intimidation" ruse is just so much more nonsense and pablum.

Yup.

[Hoyt]

11. You'll know if they have a big magazine sticking out. Well unless they have it concealed way up . .

And, yes, gun toters do attempt use them to intimidate. Or, have you missed the T-Bagger rallies. There are photos if you care to search of T-Baggers with their latest killing accessory all but hidden by their big stomachs.

Funny in a way, but sad that people actually think it is a good idea to pack in public. Or worse, that it is all but a necessity.

[DonP]

13. ... and all the senseless deaths at those rallies - no, wait

Nobody got shot at any place at any time. Just like the promised bloodbath at Starbuck's too.

But you just keep hopin for the best.

[Hoyt]

14. I think we were talking "intimidation." People have a right not to put up with such crap in public.

You local T-baggers thank you for your support.

[Porterhouse]

15. Please enumerate that

right. I am curious as to what right your talking about.

[X_Digger]

17. Did you miss the word 'concealed'-- you must've. n/t

[Common Sense Party]

19. Why do I notice a disturbing trend among many gun-grabbers...

...an inability (or stubborn unwillingness) to carefully READ and try to COMPREHEND what they read?

[X_Digger]

20. It's that low-level wharrrrrrrrgarble going on in their heads, I'd imagine.. n/t

[Hoyt]

21. I want to see how you conceal a 30 round magazine. 2nd thought, maybe I don't want to see that.

Now, does it make sense.

[X_Digger]

22. Notice, you are the only one to mention 30 round magazines in this entire thread.

But, since you asked, I normally carry 12+1 in my gun, and two spare magazines- 37 rounds of ammunition, without a problem.

[Common Sense Party]

18. I was referring to CCW permit holders. You're discussing something

quite different--namely, Tea Party mentality.

CCW carriers, by definition, are NOT intimidating anyone. As soon as they intimidate someone, they are no longer CONCEALED carriers.

[Porterhouse]

16. Why don't you just provide the Amendment that gives you the right

not to FEEL intimidated.

[Euromutt]

23. Oh, I'd suspect the Ninth, as usual

jpak seems to be under the impression that he can label things he wants (though not necessarily anything anyone else wants) as a "right" and have it be protected under the Ninth.

I'm still waiting for the federal government to force jpak to deliver a pepperoni pizza and a case of beer to my house every Friday night, as is my unenumerated right under the Ninth Amendment...

[Tejas]

12. I bet criminals are scared sh**less over this new ordinance.

[Euromutt]

24. Slightly tendentious interpretation of the Iowa state constitution there

Under Iowa Constitution Article III, local government officials have the authority to restrict firearms further than state legislation.

Well, what it actually says (http://www.legis.state.ia.us/Constitution.html#art3 Section 38A) is that:

Municipal corporations are granted home rule power and authority, not inconsistent with the laws of the general assembly, to determine their local affairs and government, except that they shall not have power to levy any tax unless expressly authorized by the general assembly.

Emphasis mine; if a municipal ordinance conflicts with state law, state law generally wins. The powers of the general assembly are subject to some restrictions under Section 30:

The general assembly shall not pass local or special laws in the following cases:
For the assessment and collection of taxes for state, county, or road purposes;
For laying out, opening, and working roads or highways;
For changing the names of persons;
For the incorporation of cities and towns;
For vacating roads, town plats, streets, alleys, or public squares;
For locating or changing county seats.

But there's nothing that would prevent the general assembly from adopting a law that local governments couldn't prohibit licensed carry on city property, for example. I don't think such a law exists, but my point is that the Iowa state government can most assuredly restrict the power of local governments to restrict firearms.