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Thread: New State Gun Law allows open carry in librarys?

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    Regular Member oldbanger's Avatar
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    New State Gun Law allows open carry in librarys?

    A new gun law championed by the National Rifle Association (NRA) that took effect January 1 in Iowa has some librarians concerned that it will allow patrons to openly carry firearms in the library.

    http://www.libraryjournal.com/lj/hom...eaves.html.csp

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    New State Gun Law Leaves Librarians Confused, Anxious

    We are being bombarded with 'news' reports spreading Fear, Uncertainty, and Dread.

    The sky is falling!

    Please respond directly to these articles whenever possible. (oldbanger posted the link) We need to get our message out in the forums read by the gun banners, and those who are ignorant enough to be fooled by the gun banners.
    Last edited by no4gman; 01-04-2011 at 12:38 PM.

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    No, the new law does not allow that. The old law allowed that, and no part of it changed in regards to open carry.

    All that happened is that the Sheriffs have had their absolute and unquestioned power revoked, and replaced by the rule of law and appeals in court.

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    i already had an email discussion with the author of that article explaining that gun carry was not banned in local parks - he seemed to think that section 724.4A banned gun carry in parks - as you can see below, this section does not make it a crime to carry in parks and Iowa code has no such general crime - 724.4A is just a penalty enhancer if you comitt ANOTHER crime while carrying a gun in a park.

    724.4A WEAPONS FREE ZONES -- ENHANCED PENALTIES.
    1. As used in this section, "weapons free zone" means the
    area in or on, or within one thousand feet of, the real property
    comprising a public or private elementary or secondary school, or in
    or on the real property comprising a public park. A weapons free
    zone shall not include that portion of a public park designated as a
    hunting area under section 461A.42.
    2. Notwithstanding sections 902.9 and 903.1, a person who commits
    a public offense involving a firearm or offensive weapon, within a
    weapons free zone, in violation of this or any other chapter shall be
    subject to a fine of twice the maximum amount which may otherwise be
    imposed for the public offense.

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    Regular Member JD's Avatar
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    I really don't understand the media and their fudness regarding open carry, especially since it's been legal for years. You'd think they'd be more riled up about it now being legal to drink in carry as that's an actual change in the law that in the opinion of some is not a wise change.

    Oh well, hopefully they'll stick their heads back in the sand after a few months.

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    Quote Originally Posted by JD View Post
    I really don't understand the media and their fudness regarding open carry, especially since it's been legal for years. You'd think they'd be more riled up about it now being legal to drink in carry as that's an actual change in the law that in the opinion of some is not a wise change.

    Oh well, hopefully they'll stick their heads back in the sand after a few months.

    I think Open Carry is one of the more Sensational items the anti-gun folks are focused on. Presenting the Blazing Image of a Gun carried openly where everyone can see it (gasp!) is one of the scare tactics they use to spread Fear, and opposition to this law.

    And of course due to ignorance of the law, most people had no idea open carry was legal before the law change - so the anti-gun folks are able to fool most people into thinking this new law is legalizing open carry for the very first time, ever in the history of the planet. Most Iowans I'm sure have absolutely no idea what the gun laws and gun carry practices are in the rest of the country.

    The spreading of Fear, Uncertainty, and Dread when the law was being debated last Spring was unsuccessful, that's the good news. So this latest anti-gun FUD effort at the time of implementation is just their latest step to build awareness and opposition, so the bad news is that attacks on our gun rights continue - but that isn't to be unexpected either.

    Next, the anti-gunners will work to spread FUD during the current legislative session. And they will be HOPING for some crime incident to occur involving a permit holder (even if it is an incident involving the legal use of self-defense), so that they can point to the blood in the streets that was caused by this law.
    Last edited by no4gman; 01-05-2011 at 04:06 PM.

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    19 days after Kansas approved reciprocity for out-of-state carry permits, on 1/19/2007 there was a shooting incident involving a permit holder from Oklahoma. In this case, the incident supported gun carry rights.

    Payco Phillips 66 owner Dean Yee was working when two youths entered. One pointed a gun at Yee, 39, and demanded money. Yee hesitated, and the youth demanded money a second time while continuing to point the gun at him, Gish said.

    Meanwhile, Gish said, store customer Michael Mah, 57, drew a handgun and told the would-be robber to drop his weapon. Mah then shot the man once.

    The shooter has an Oklahoma permit to carry a concealed weapon. Gish said Kansas Attorney General Paul Morrison concluded this month that Kansas will accept the validity of concealed-carry permits issued in 22 other states, including Oklahoma, that require permit owners to meet requirements similar to those mandated by the state of Kansas.

    Gish said the gun used by the would-be robber was found to be stolen.

    He said the second teenager fled and was last seen running south on S.W. Randolph. Police haven't arrested that youth, who was described as a Hispanic male about 18 years of age who wore a black coat, white T-shirt, blue jeans and a red do-rag.

    Kansas Sen. Phil Journey, R-Haysville and author of the law that took effect Jan. 1 allowing the issuance of concealed-carry permits, said the incident proves permit holders are capable of using lawful and deadly force in a reasonable way to protect other individuals.

    "Hopefully this will put other criminals and thugs on notice that Kansas is a different state today than it was just 20 days ago," Journey said Monday.

    http://findarticles.com/p/articles/m.../ai_n17150198/
    It’s interesting to note that this same gas station experienced an armed robbery just one month after the above incident. It was the 10th armed robbery attempt at this gas station in a four year time period.

    http://cjonline.com/stories/022507/loc_151792632.shtml
    Last edited by no4gman; 01-05-2011 at 01:09 PM.

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    I do not even Live in Iowa and I WILL Make it Simple:

    If you have any Iowa Permit, then, you can Open Carry or Concealed Carry ANY Firearm, Loaded or Unloaded, in ANY Public Place, to Include: Courthouses, City Halls, County Halls, Libraries, Parks, DMV, etc..

    If The Sheriff, or any other Person for that Matter, does not like it, then, The State Legislature says too Bad!

    [...] ..., and that is The Way it had 'ought to be, less The Permit Part, of Course!

    aadvark

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    You'd think they'd be more riled up about it now being legal to drink in carry as that's an actual change in the law that in the opinion of some is not a wise change.
    I believe you are mistaken. It is my understanding that the old law did not mention alcohol consumption or intoxication while armed, so the only change was that the consumption of alcohol while armed (below the level of legally defined intoxication) is now explicitly allowed while before it was implicitly allowed. I would appreciate the clarification since I have been telling people the law did not change in this respect and I don't want to spread false information.

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    Quote Originally Posted by IA_farmboy View Post
    I believe you are mistaken. It is my understanding that the old law did not mention alcohol consumption or intoxication while armed, so the only change was that the consumption of alcohol while armed (below the level of legally defined intoxication) is now explicitly allowed while before it was implicitly allowed. I would appreciate the clarification since I have been telling people the law did not change in this respect and I don't want to spread false information.
    Almost every permit I've seen has has had a blanket restriction of not being valid while consuming alcohol...I was a little vague in my previous statement and will rephrase.

    ...With the removal of the restrictions on permits one can can now drink while carrying provided they are not intoxicated while prior to 1-1-11 one could not legally drink while carrying due to such restrictions being in place.

    So while the old law did not specifically address the issue, the new law does allow carry while drinking when it was previously not allowed hence the law has changed although not in a direct manner.

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