Because the language of our Amendment is more specific (“fundamental individual right”) and requires that any law or regulation that is challenged as a restriction of this right must survive the MOST difficult judicial review, “strict scrutiny” – a near-impossible test for an infringement on a fundamental right. In addition, it would be a state-level backstop if federal courts lessen or continue to ignore Second Amendment protections, even if the amendment was repealed.
What about the Supremacy Clause in the US Constitution?
There is an understanding of the supremacy clause of the U.S. Constitution that is often flawed. The Bill of Rights was NOT intended to apply to the states and has only been slowly – and in part – “incorporated against” the states by Supreme Court decisions since the adoption of the 14th Amendment after the Civil War. The Second Amendment was not held to restrict state and local governments until 2010! And that decision has been loudly claimed to be “wrongly decided” by many who seek to have it reversed, including Hillary Clinton in her never-ending quest for the Presidency.
Those who would deny us the ability to keep and bear arms have worked successfully for over a century to ignore the true meaning of the Second Amendment. The language of the Freedom Amendment is intended to thwart those efforts.
When Iowa adopts the Freedom Amendment’s strong protections of the individual and fundamental right to keep and bear arms on November 8, 2022, it will essentially serve as a backup to the Second Amendment, available if the Courts, Congress, or the Executive ignore or further abuse the protections of that amendment. In addition, its requirement that potential infringements on the RKBA must be considered by Iowa courts under the doctrine of “strict scrutiny” should be a powerful tool for citizens seeking to prevent Iowa authorities from attempting to enforce state OR federal restrictions on that right.
We’re often asked questions about a County’s Second Amendment Sanctuary Resolution, and what it will do for them. Here’s a response from an IFC Board Member and our Chief Lobbyist, Richard Rogers, to the question of, “What we can do to fight potential Biden executive orders in the absence of a state 2A sanctuary law?”:
The anti-commandeering doctrine is well recognized by the federal courts. It provides that the federal government may not require state (and local) governments to use their authority, personnel or resources to enforce federal law.
Whether or not the state adopts “Second Amendment Sanctuary” legislation, nothing can stop federal authorities from enforcing federal regulations. However, they don’t have the necessary manpower to do so on a truly widespread basis. For that, they would require the resources of the states. The best they can do is to make examples of a relatively small number of citizens and thus attempt to frighten others into obedience.
Once the Freedom Amendment is adopted in November of this year, Iowa’s Constitution will specifically prohibit infringements upon the right to keep and bear arms. That will be a tremendous help in discouraging Iowa law enforcement from enforcing new and unconstitutional gun control.
Also, I fully expect that if the Biden administration actually begins to attempt to enforce onerous new regulations, the present legislative majorities in Iowa are very likely to be motivated to act.
This should place emphasis on passing the Freedom Amendment this fall, by flipping the ballot over and filling in the “YES” oval when you vote. It should also remind those Iowans living in counties that have passed 2A Sanctuary Resolutions, that the Resolution itself is a signal of how they intend to liaise with the federal government when and if they come calling for local resources and manpower. They should then be reminded of their principled stance and supported for their desire to protect their constituents from tyranny. You can learn more about Iowa’s 2A Sanctuaries HERE.
With increased threats from the Biden Administration and a regulatory agency with a long track record for civil rights violations and the deaths of U.S. Citizens (ATF), we should be focusing on state protections with state emphasis. Iowa is one of ONLY SIX STATES in the nation without a constitutional amendment protecting our right to keep and bear arms.
March 8th, 2022 Rep. Jack Bergman (MI-01) alongside 55 other members of Congress introduced the Firearm Industry Non-Discrimination (FIND) Act. A bill purposely created to fight against large financial institutions and corporations who refuse to work with a business simply for them being part of the 2nd Amendment community.
“Large financial institutions and other corporations, many of whom benefit from federal contracts, have increasingly adopted policies designed to hurt the domestic firearm industry – from forcing restrictions on the products they can sell, to outright refusing to provide basic services. These policies have, in effect, restricted access to legal firearms well beyond the democratically-established firearm laws at the state and federal levels.
To address this problem, the FIND Act would prevent any businesses that discriminate against firearm businesses or associations from contracting or subcontracting with the federal government – ensuring that federal funding is not used to further these harmful policies.”
One recent example I am aware of is from a local Iowa business “Schiwerks,” I spoke with the owner Sam Schieuer who not long ago had his business discriminated against for working in the gun industry. Schiwerks offers cerakoting, laser engraving, stippling, slide milling which could all be chalked up as art work. They are a proud Iowa business who makes quality products but due to the political climate and cancel culture they found themselves on the receiving end of discrimination.
First, their payment processor dropped them for cerakoting firearms, which is a high quality paint like protectant. Sam said, “I explained to them I do not sell, I’m just an artist. They didn’t care and refused my business. Left me high and dry without a way to do business for a few days.”
The second case of discrimination he received was that his homeowners insurance dropped him not because he runs a business out of his home, rather it being a firearm related business. So they dropped him and the only way he was able to reinstate coverage was to pay more than double his previous amount.
This is the exact type of discrimination the FIND Act is supposed to fight against, it’s worth noting Rep. Randy Feenstra (IA-04) is one of the 55 members of Congress who have signed onto this bill.
Click Schiwerks , if you would like to reach out in support of them or to view their services. As always, thank you for supporting Iowa Firearms Coalition.
Do you know that Iowa is one of only six states that do not recognize our precious Second Amendment rights in their constitutions? It may seem hard to believe, but Iowa, which adopted “shall issue” Permits to Carry Weapons in 2010 and became a “constitutional carry” state in 2021, shares that dubious distinction with California, New York, New Jersey, Maryland, and Minnesota.
The Iowa Firearms Coalition, Iowa’s only effective gun-rights organization, has been hard at work for years to get this fixed! Amending Iowa’s Constitution is no easy task. The course is long and there are many hurdles and pitfalls along the way. But the good news is that what the IFC calls the “Freedom Amendment” has now passed two consecutive Iowa General Assemblies and the issue will be on the ballot for Iowa voters to decide on November 8, 2022.
The proposed Freedom Amendment reads:
“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.”
Many have been confused by the inclusion of the term “strict scrutiny.” The choice of this phrase was quite purposeful since strict scrutiny is the highest standard of judicial review, or test, used by courts when the constitutionality of laws, regulations or other governmental policies is challenged. This standard is generally applied in cases involving fundamental rights, yet courts have generally avoided using it when considering possible violations of the right to keep and bear arms. When using the standard of strict scrutiny, the court must presume that a government policy is unconstitutional, unless the government can prove that the policy is necessary to achieve a “compelling state interest” and that the policy is both “narrowly tailored” to achieve that purpose and employs the “least restrictive means” possible to do so. The Freedom Amendment’s mandate that the courts employ strict scrutiny provides strong protection of our right to keep and bear arms.
The hard-working volunteers at Iowa Firearms Coalition will need your help as we approach November! The major anti-freedom groups are already lining up and pledging large sums of money to fight the Freedom Amendment. So, what can the citizen of Iowa do?
2. Share our posts from the Iowa Firearms Coalition with people in your network. We need digital warriors working to spread the word every single day to combat shadow banning and the social media algorithms that have severely limited the reach of our posts! IFC on Facebook
3. Consider donating to our sister organization, IFC-PAC, so we can develop targeted advertising to drown out the attacks of groups like Bloomberg’s “Everytown for Gun Safety,” which want to strip away your Second Amendment rights. IFC-PAC Donation
4. Encourage your friends and neighbors to vote in favor of the Freedom Amendment on November 8th!
IFC WELCOMES NEWS OF DES MOINES COUNTY’S “SECOND AMENDMENT SANCTUARY” STATUS
The Des Moines County Board of Supervisors approved a resolution, unanimously, to make their community Iowa’s 35th Second Amendment Sanctuary County on Tuesday, which is also National Second Amendment Day.
“We are pleased to see yet another county, with one of Iowa’s largest urban areas, become a Second Amendment Sanctuary and we would like to thank Des Moines County’s Supervisors for taking this step today,” said Dave Funk, IFC President. “As more counties continue to pass Second Amendment Sanctuary resolutions, we are confident a message is being sent to our legislators in Des Moines and Washington that Iowans will not stand for violations against our civil rights.”
Second Amendment Sanctuary resolutions at the county level do not supersede federal law but they do prevent local resources from being used to assist the federal government in efforts that violate the Second Amendment.
The IFC has been working with state and local elected officials to protect the right of Iowans to keep and bear arms in the wake of threats by some in Washington, D.C. to support actions which would infringe upon the Second Amendment.
On Thursday (2/24), from 2-4:30PM, hundreds of Iowans from all over the state will gather at the Iowa Capitol Building for Iowa’s own “Second Amendment Day” to show their support for the right to keep and bear arms, which includes making all of Iowa a Second Amendment Sanctuary State. Today is also Brownells first annual National 2nd Amendment Day.
Iowa’s Second Amendment Sanctuary Counties, so far, also include: Mitchell, Chickasaw, Pocahontas, Hardin, Carroll, Jasper, Cedar, Washington, Madison, Mills, Adams, Clarke, Humboldt, Kossuth, Ringgold, Buchanan, Van Buren, Winnebago, Decatur, Dallas, Guthrie, Benton, Page, Lucas, Taylor, Union, Hancock, Buena Vista, Pottawattamie, Cherokee, Montgomery, Fremont, Muscatine and Wayne.
The Iowa Firearms Coalition, an affiliate of both the NRA and the NSSF, is a 501(c4) nonprofit and is Iowa’s only effective pro-Second Amendment rights organization.
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