Is There an Illegal “No Guns” Sign in Your Neighborhood? Maybe you didn’t know that political subdivisions (counties, cities, townships, their extensions, etc.) can’t deny your civil rights. But they’re often in the habit of doing so. This letter should interest you! If there are illegal “No Guns” signs in your neighborhood, you’ll want to understand what you need to do, and how you need to handle it. This is an example of the daily work IFC does that few understand, which is why we need your continual support.
This is a recent correspondence from our board member and longtime lobbyist, Richard Rogers, to an Iowa County that plastered “No Guns” signs on public property. Let’s call the recipient of the letter, “Mr. Smith,” and the county, “County,” to make this universal. Here you go:
Dear Mr. Smith,
Please allow me to introduce myself. I am a Board Member and a longtime volunteer lobbyist for Iowa Firearms Coalition (IFC). A primary mission of IFC is to ensure that Iowa governments recognize, protect, and respect the fundamental right of Iowans to keep and bear arms. This right is protected from government infringement by the Second Amendment to the United States Constitution and Section 1A of the Iowa Constitution.
I am writing to you because I have been informed that the County Center (CC) has in place a “No Weapons” policy and currently displays signage to that effect in your facility (or facilities?). It appears to me that CC is owned and operated by the County. Therefore, please be informed that Iowa Code 724.28 prohibits counties, cities, and townships from establishing or maintaining any such policies, whether directed at the public or employees. Here is the relevant excerpt:
724.28(2) A political subdivision of the state shall not enact an ordinance, motion, resolution, policy, or amendment regulating the ownership, possession, carrying, legal transfer, lawful transportation, modification, registration, or licensing of firearms, firearms attachments, or other weapons when the ownership, possession, carrying, transfer, transportation, or modification is otherwise lawful under the laws of this state.
Furthermore, any person “adversely affected” by such a policy has standing to sue for declaratory and injunctive relief and damages. The prevailing party in such a suit will be awarded attorney fees and court costs [724.28(3)].
There is a provision [724.28(4)] that would allow for a “no weapons” policy in your facility under very specific conditions. That is “if adequate arrangements are made by the political subdivision to screen persons for firearms or other dangerous weapons and the political subdivision provides armed security personnel inside the building or physical structure where the restriction is to be in effect.” Without both of those measures in place, any policy restricting the carrying of possession of weapons is unlawful.
In 2021, Judge Joel Yates of the Iowa District Court for Monroe County slapped down an attempt by Monroe County to ignore Iowa Code 724.28 and ruled definitively that local governments not only may not implement or enforce their own policies on weapons, but that even implying the existence of such a policy through signage is unlawful. Here is the relevant portion of Judge Yates order of 6/30/2021:
“Monroe County and its officers, employees, and third parties under its control, are enjoined from enforcing any policy,practice, ordinance, or resolution contrary to Iowa Code § 724.28, including the posting of signageappearing to communicate such a policy.”
It may also be of interest to you that a bill, HF518, has been introduced in the Iowa House that would establish a schedule of significant monetary damages to be assessed against those individuals who participate in establishing or maintaining a policy in violation of Iowa Code 724.28. Such a statute was enacted by Florida in 2011 and proved to be very effective in eliminating legacy violations of the state’s firearms preemption policy and preventing new ones.
I strongly urge that the management of CC act promptly to comply with Iowa law. This communication should not be considered to be a threat of legal action, but rather my attempt to inform you of the facts regarding Iowa’s preemption of weapons regulation to the state. Please feel free to contact me if I may be of assistance in this or any other matter.
Sincerely,
Richard S. Rogers
Board Member, Iowa Firearms Coalition
I sent a polite email to the DSM Library Board asking them to look over the policy. I will post the response.
As I seem to recall, “public parks” (mentioned above) as sensitive places (gun-free zones) are getting shot down in different US District Courts? Ninth – U.S. District Judge Cormac Carney granted a preliminary injunction in CA, Judge Riggs in the Tenth (NM), etcetera. Perhaps we need to get proactive and sue Iowa over the “Parks” (any) restriction!?!? That’s assuming, of course, that IFC has brought the constitutionality of such restrictions to the attention of those at the State Capitol(?). Just sayin’… thoughts?
I think I will send a polite letter to the Library board asking them to revise their policy. Unless someone else wants to step forward.
There are no restrictions on carrying or possessing weapons, including firearms, in parks in Iowa Code (state law). Any restrictions imposed at the local level (counties, cities, or townships) is prohibited by Iowa Code 724.28 and a person adversely affected may sue for declaratory and injunctive relief and damages.
On further research I find this current policy on the Des Moines Public LIbrary web page:
“4. No DMPL patron shall use or threaten to use weapons of any type on Library premises. No person shall carry a firearm or weapon into the Central Library or other Library branch that is within a “weapons free zone” as defined by Iowa Code Section 724.4A, as allowed by Iowa law. Weapons shall mean any gun, device, or instrument as defined in Iowa Code Chapter 724 or prohibited in Des Moines Municipal Code Chapter 70, Article III, to the extent allowed by State law.”
Web link: https://www.dmpl.org/connect/what-we-do/services-policies#:~:text=No%20DMPL%20patron%20shall%20use,as%20allowed%20by%20Iowa%20law.
It seems they are relying on 724.4A to deny constitutional rights. Are they saying if the library is within a public park or within 1000 feet of a school they can prohibit CC? It seems an excuse to deny all CC within the library.
The current version of 724.28 does specify a public park but speaks to buildings. There seems in conflict in 724.28 and public parks??????????
Marlon, I just went to the NRA-ILA website that pertains to Iowa at https://www.nraila.org/gun-laws/state-gun-laws/iowa/ and “Libraries” are NOT listed as restricted. I advise you to go there for yourself to ensure I didn’t miss anything!
The library is able to restrict the USE of weapons on its property. But they may not restrict the carrying or possession of weapons.
The DMPL completely misconstrues the import of Iowa Code 724.4A – Weapons Free Zones, which merely doubles the FINES for violation of other crimes committed WITH a firearms of offensive weapon in such zones.
Also, Chapter 724 “defines” only offensive weapons, not guns or other weapons. The definition of weapons is found in another chapter of the Iowa Code.
I have a friend that keeps getting kicked out of Des Moines area community centers and libraries for concealed carry. Are we allowed to carry in a public library?
YES, you’re allowed to carry in ANY public building with an exception… Please read the blog above again. As long as the library is a public realm (paid for by taxpayers or managed by tax payers) NO policy on carry can be held or implemented. You may have grounds to pursue legal action for the curtailment of your basic civil rights.
If DSM was smart, they’d recognize your civil liberties, not deny them. At some point they’ll get sued for this as the code in Iowa is clear on this matter. This is how I know: https://iowafc.org/2022/08/01/monroe-county-v-ifc-goliath-v-david/
Have your friend send details and his phone number to rogers@iowafc.org and IFC will work on this.
I just saw this response. I already sent an email to the board. I know the VP of that board very well. I will let you know what I get back. Thanks for your efforts.
Thank you for posting this and nice explanation