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Iowa: Ames City Council Moving to Trample on the Second Amendment Despite State Firearm Preemption Law

Monday, October 1, 2012

On Tuesday, September 25, the Ames City Council voted 6 to 0 to amend its zoning ordinance to include a prohibition of firearm sales as a home occupation.  This was the first of three hearings on this proposed ordinance, with the second hearing on this issue scheduled for Tuesday, October 9th.

Sadly, this is familiar territory for Second Amendment supporters in Iowa.  Upon the implementation of Iowa’s “Shall-Issue” Right-to-Carry law in 2011, localities have, despite clear language in Iowa’s firearm preemption statute to the contrary, imposed rights-infringing prohibitions on carrying firearms in certain public places around the state.

Like localities across Iowa, the Ames City Council has launched a blatant attack on lawful sales of firearms.  This additional regulation conflicts with Iowa’s firearm preemption statute (Iowa Code 724. 28), under which a locality cannot enact an ordinance regulating the “legal transfer” of firearms that is “is otherwise lawful under the laws of [the] state.”  Iowa state law does not prohibit home-based commercial firearm sales.

Although the current firearm preemption statute is very clear, the NRA and Iowa Firearms Coalition have been working tirelessly at the state Capitol to strengthen the current statute to prevent the growing number of firearm preemption violations statewide.  Remember: this November an important election will take place, so make sure to ask your current state House and Senate candidates if they support firearm preemption reform!

The NRA is reviewing this proposed anti-gun ordinance with the Iowa Firearms Coalition, local counsel, and pro-gun legislators.  The second of three hearings on this issue is scheduled for Tuesday, October 9th.  Please contact members of the Ames City Council before that date and urge them to OPPOSE this unlawful anti-gun ordinance.

Ames City Council contact information can be found by clicking here. 

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.