This November, voters in Iowa will weigh in on a proposed state constitutional amendment that would make all gun regulations subject to strict scrutiny. The full text of the proposed amendment, which was approved by the state legislature in early 2021, is as follows (emphasis added):
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.
Iowa’s Freedom Amendment contains “strict scrutiny” language which is the 3rd and final sentence of the amendment. Simply put, it is the highest level of judicial review. In layman’s terms, a judge or judges should have a compelling reason to tinker with the law or case they’re reviewing. Interestingly, Bruen, moves past scrutiny tiers and solidifies the original context:
This issue is, in many ways, the primary point of contention between the majority and the dissent in Bruen: do tiers of scrutiny create a situation where courts too often “defer to the determinations of legislatures,” and does a history-focused test actually constrain such judicial deference? Bruen entirely repudiates tiers of scrutiny in the Second Amendment context. If one believes that Bruen’s historical-analogue test is more constraining and faithful to the original meaning of the Second Amendment, then it would be odd to simultaneously advocate for the type of strict-scrutiny amendment currently on the table in Iowa. It seems likely that those who supported strict-scrutiny constitutional amendments at the state level in past years will now turn their attention to attempting to harmonize the interpretation of state constitutional provisions with the interpretation of the federal Second Amendment.[2] This also makes sense as a practical matter: once the federal constitutional right reaches a high level of protection, there’s no longer much to do at the state level—it only really matters that the right is protected by one of the two provisions.
If Bruen’s test is indeed on par with, or tougher than, strict scrutiny, we can expect this fact to halt the recent spurt of strict-scrutiny constitutional amendments at the state level. Instead, we’re likely to see a broader shift where state courts increasingly use the Bruen test to evaluate challenges under state constitutional analogues to the Second Amendment, even in states without a strict rule that such analogous provisions are construed in tandem.
I found this article, IFC Board Member and Chief Lobbyist, Richard Rogers, sent me both helpful and insightful. Here’s the context for all of us in Iowa. Strict Scrutiny, which we all agree should be applied to ALL questions of your basic human and civil rights, will be intact for your protection in Iowa. Whether future SCOTUS cases strengthen or diminish this will be realized in the future. But Iowa can have protection placed in its State Constitution.
Yes, there are gun grabbers, liberty haters, and the dangerous members of society out there that seek to thwart this virtuous endeavor. But what everyone should be asking themselves is pretty simple. Is there ANY human right or basic civil right that DOESN’T deserve strict scrutiny when discussing their restriction or curtailment?
(DES MOINES, Iowa) — Former Iowa Governor and Ambassador to China Terry Branstad announced on Wednesday he plans to vote for the Freedom Amendment, which would add Second Amendment language to Iowa’s constitution, in November and he’s encouraging his fellow Iowans to do the same. The announcement was made on the Iowa Firearms Coalition (IFC) Facebook page during a broadcast of their weekly video podcast, #2A4IA Warrior Wednesday.
“It’s something that is near and dear to my heart,” said Ambassador Branstad. “I just want to be sure to encourage all Iowa voters to turn that ballot over and vote ‘yes’ for that Freedom Amendment.”
Ambassador Branstad’s endorsement comes on the heels of a recent Iowans for Tax Relief poll that found nearly 60% of Iowans plan to also support the Freedom Amendment. Their findings further showed large support among voters, regardless of which party they affiliated with.
“Ambassador Branstad spent his career working hard to advance civil rights in Iowa and we welcome his support of the Freedom Amendment,” said IFC President, Dave Funk. “The Freedom Amendment is a nonpartisan issue and it’s passed time Iowans have the same protections in their state constitution as nearly every other American.”
Similar versions to Iowa’s proposed Freedom Amendment have already been adopted by nearly every other state in the Union. Only New York, Minnesota, New Jersey, Maryland, California and Iowa do not have one.
“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.”
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The Iowa Firearms Coalition, an affiliate of the NRA and NSSF, is a 501(c4) nonprofit and is Iowa’s only effective pro-Second Amendment rights organization.
News, Updates, Engagement, and GET OUT TO VOTE FOR IOWA’S FREEDOM AMENDMENT – Iowa is one of only 6 states that doesn’t have the RKBA anywhere in the State Constitution. We have this now placed on the ballot in November and VOTE YES.
(MONROE COUNTY, Iowa) — The insurance company for Monroe County has agreed to pay the Iowa Firearms Coalition (IFC) $100,000 in restitution for violating the First Amendment rights of the nonprofit and that of one of its members.
In March 2021, Monroe County sued the Iowa Firearms Coalition and member J.D. Thompson after they informed county officials that a policy they were implementing, which banned the lawful carrying of firearms on their property, was in violation of Iowa law. A judge later threw out their lawsuit and struck down the county’s illegal policy. IFC countersued Monroe County for violating its First Amendment right to free speech.
House File 2502 requires local governments to implement security procedures, like having security guards, in areas where they choose to ban citizens from carrying tools they could use for self-defense.
“The First Amendment guarantees the right to freedom of speech,” said IFC President Dave Funk. “Rather than simply fix the error we found, a violation of Iowa Code and Second Amendment rights, Monroe County chose to double down and attempt to punish Iowans for simply informing them of the mistake. The end of this legal saga sends a clear signal that when local governments violate the law and attempt to silence those they serve, they risk serious consequences.”
In the wake of this decision, IFC is focusing its efforts on passing the Freedom Amendment. The Amendment, which voters will vote to approve on November 8th, would put Iowa in line with the nation’s 44 other states that already have Second Amendment protections in their respective state constitutions.
The Iowa Firearms Coalition, an affiliate of the NRA and NSSF, is a 501(c4) nonprofit and is Iowa’s only effective pro-Second Amendment rights organization.
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