The Hawk Eye - City of West Burlington stands behind illegal gun ban

Is anyone living in or near West Burlington available to organize an open crry rights group to protest West Burlingotn illegal ban on carrying handguns at city hall and other locations??

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http://www.thehawkeye.com/story/Gun-ordinance-071510

SNIP

W.B. stands by city's gun ban
NRA opposes restriction for municipal buildings, saying it's too broad.


By JOHN MANGALONZO
jmangalonzo@thehawkeye.com


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WEST BURLINGTON - City officials here are sticking to their guns and will not consider changing their ordinance banning the carrying of firearms, except for law enforcement, in municipal buildings and city-owned property.

The stance comes despite a strongly worded letter sent by the National Rifle Association, chastising the city's eight-year-old ordinance.

Mayor Hans Trousil said the media attention brought about by the domino effect of a recent U.S. Supreme Court ruling - the high court recently ruled that the Constitution's Second Amendment restrains the government's ability to significantly limit the right to keep and bear arms - failed to mention the local city law has been on the books since 2002.

"This information does not get out there," Trousil said. "It's misguided information that a lot of people have received."

The ordinance bans weapons from "municipal buildings owned, leased, or occupied by the city of West Burlington."

It exempts law enforcement, members of the military or the National Guard.

"I would imagine the uproar over the recent Supreme Court decision concerning Chicago," Trousil said, mentioning that people should read the entire ruling, specifically where it says it "did not cast doubt on such long-standing regulatory measures as 'prohibitions on the possession of firearms by felons and the mentally ill, laws forbidding the carrying of firearms in sensitive places such as schools and government buildings.' "

The NRA, the country's largest pro-gun lobbying organization, said in its letter the city's ban "contradicts the plain terms of Iowa's firearms pre-emption law and may implicate Iowans' constitutional rights."

The state's pre-emption law prohibits a political subdivision of the state from enacting "an ordinance regulating the ownership, possession, legal transfer, lawful transportation, registration or licensing of firearms," when it is otherwise lawful under the laws of the state.

It is illegal for a person to carry a weapon without a conceal carry permit, but state law does not expressly prohibit guns in municipal buildings.

. . .

724.28 Prohibition of Regulation by Political Subdivisions.
A Political Subdivision of the State shall not enact an Ordinance Regulating the Ownership, Possession, Legal Transfer, Lawful Transportation, Registration, or Licensing of Firearms when the Ownership, Possession, Transfer, or Transportation is otherwise Lawful under the Laws of this State. An Ordinance Regulating Firearms in Violation of this Section existing on or after April 5, 1990, is void.
90 Acts, ch 1147, §9

724.4 Carrying Weapons.
1. Except as otherwise provided in this Section, a Person who goes Armed with a Dangerous Weapon Concealed on or about the Person, or who, within the Limits of any City, goes Armed with a Pistol or Revolver, or any Loaded Firearm of any kind, whether Concealed or not, or who knowingly Carries or Transports in a Vehicle a Pistol or Revolver, commits an Aggravated Misdemeanor.

In reference to Municipal Buildings Gun Bans throughout West Burlington:

Although West Burlington is a City, and therefore 724.4 applies, Persons with Permits are exempt from 724.4, by its own terms.

West Burlingtons' Ordinance is, thus, Unlawful (for Persons with Permits) , as 724.28 Preempts West Burlingtons Regulation of Firearms by License holders.

Iowa is now, thanks to Iowa Carry Inc., a 'Shall Issue' State, for Nonprofessional Permits.

The issue is being watched carefully. The local police chief is trying to backpedal as fast as he can while talking out both sides of his mouth, and currently the illegal attempt to enact an ordinance has been tabled. Iowa Firearms Coalition will keep on it.

As I have said before..., Iowa Law is unique in that Carrying a Firearm is near Illegal, unless; one has a Professional or UnProfessional Permit, or one is in a Rual Area. Even then, Firearms are not allowed inside Motor Vehicles, unless; the Motor Vehicle is Parked and being Used as a Home.
Similiar to the States of: Delaware AND Rhode Island; Open Carry of a Loaded Firearm with a Permit is Legal everywhere in Iowa, except Schools K-12.

I used to live in Burlington, and let me just say this loud and clear, I am as happy as a pig in **** that I moved away from Iowa. I'm happy to say that I now live in a free state where I can Open Carry in peace. Only a handful of states are worse, Illinois, California, New York and New Jersey.