Marion, IA open carry ban to be discussed on Thurs 6 JAN 2011

[amaixner]

This kind of crap is happening in multiple cities, not just Marion. We are trying to keep a full list over on the IFC forums.

The City of Marion is attempting to pass an ordinance banning the visible possession of any weapon on city property, and putting people in prison for violating it.

The next city council meeting is this Thursday, January 6, 2011, at 7PM at City Hall, 1225 6th Avenue, Marion IA. Their official web site may be viewed at https://www.cityofmarion.org/#/home The ordinance will come to a second vote on Thursday and that is the next time that public input will be taken. We are asking that all persons who are able to attend do so, and give the council members helpful input and comments.

Andrew Maixner
Linn County Coordinator, Iowa Firearms Coalition
www.iowacarry.org

More information

As some of you are aware already, the state law is as follows:
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.

This clearly voids any regulation passed by the City of Marion, but they want to pass it anyway. From last months council meeting minutes:
"Ordinance No. 10-35 amending Chapter 40A of the Code of Ordinances relating to the establishment of firearm/weapon free zones and providing penalties was read by Lammers for initial consideration. Moved by Lammers, seconded by Stark to approve the first reading of Ord. No. 10-35. Mayor Rehn requested a staff report regarding the new weapons law that will take effect January 1, 2011. City Attorney Don Hoskins, Police Chief Harry Daugherty, and City Manager Lon Pluckhahn presented a staff report regarding selected provisions of Chapter 724 of Iowa’s Concealed Weapon Law as amended during the 2010 legislative session. Council discussed the proposed ordinance. Moved by Sprague, seconded by Lammers to table Ord. No. 10-35. Roll Call: Yeas: Sprague, Adamson, Lammers, Rehn, Spinks, Stark, and Glew. Nays: None. Motion carried."


As follows is the ordinance:
http://www.iowacarry.org/forums1/index.php?act=attach&type=post&id=1003

And the penalty:
1.06 STANDARD PENALTY. Unless another penalty is expressly provided by the Code of Ordinances for any particular provision, section or chapter, any person failing to perform a duty, or obtain a license required by, or violating any provision of the Code of Ordinances, or any rule or regulation adopted herein by reference shall, upon conviction, be subject to a fine and a term of imprisonment provided for a misdemeanor violation under Iowa Code Section 903.1, subsection 1, paragraph “a”.
(Code of Iowa, Sec. 364.3[2])

 

[Mike]

attend this meeting!

I you live in ioaw you need to quickly organize and show up at these meetings to speak against passges of the illegal and unncessary gun bans being proposed - open and concealed carrriers speaking at such meetings has been effective in other states.

 

[IA_farmboy]

The open carry ban was voted down tonight 4 to 3.

 

[Superlite27]

The open carry ban was voted down tonight 4 to 3.

Well, now you know of three individuals that you can help oust.

If folks are willing to vote against your rights, there's nothing wrong with doing your damnedest to ensure they don't get another chance to do so.

List their names so others will know who to avoid voting for.

Help their competitors when the next election rolls around.

If, they're going to try to remove your freedom, DO SOMETHING TO REMOVE THEIR JOB.

Get involved. Let them know there is a consequence to their actions.

FIRE THE 3 WHO VOTED FOR THIS CRAP!

 

[amaixner]

The open carry ban was voted down tonight 4 to 3.

I asked a frequent attender of the meetings how busy it usually is, and he said there are usually about 3 observers there including the media. Last night though, it was standing room only.

My interpretation of the "No" votes, based on what the council members said in the meeting, are:
1 person who understands that permit holders aren't a statistical danger.
1 person who understands that ordinances don't do squat against a motivated criminal.
1 person who is new to the issue and doesn't want to make a knee-jerk reaction before waiting to see if there is even a problem.
1 person (Kay Lammers) who would make a good board member of the Joyce Foundation, HCI, or Brady Bunch, and only voted no because it wasn't a total ban. I could be wrong, but she seems unteachable to me.

I would not say that the vote was actually successful, even though it was voted down. Expect this to come up again if anything at all happens that 'scares' anyone.

 

[aadvark]

..., Thanks, but No Thanks, to Tom Miller, Iowa's Attorney General, and His Opinion 03-4-1, Issued in 2003, this probably will be happing more often, Especially in Light of Iowas New 'Shall-Issue' Law.

 

[Mike]

Great work folks!!

keep up the pressure - its whack a mole time in iowa!

 

[WCrawford]

Is there a OCDO member in Marion who could actually run against any of the three that voted in favor of the ordinance?

I may not be rich, but I would do what I could to send a few dollars to such a campaign (assuming it is legal to receive out of state contributions).

 

[protias]

Keep up the hard work folks! Don't give an inch because they'll take a mile!

 

[amaixner]

Well, it was voted "no" the first time, then brought back up foir consideration (starting the process over) on the agenda for this week's meeting. The actual minutes for last night's meeting aren't posted yet, but the newspaper is reporting (in a disgustingly slanted blurb) that the vote was 4-3 against it again. One can hope that the council will tire of wasting their time on it as it has been voted down on the first vote twice in a row now.

In related news, a study bill has been introduced that makes preemption stronger and assigns massive monetary damages for localities that violate it. The cities/counties apparantly want to ignore any law without legalese and teeth, so IFC and the NRA are adding legalese and teeth to the law.

link: http://coolice.legis.state.ia.us/Co...linfo&Service=Billbook&menu=false&hbill=HSB19

 

[amaixner]

The minutes are up now, here's the relevant part. Politicians in need of removal from office are bolded here.

Moved by Lammers, seconded by Stark to reconsider and table Ordinance No. 10-35 amending Chapter 40A of the Code of Ordinances relating to the establishment of firearm/weapon display free zones and providing penalties. Mayor Rehn noted that the City is taking this action in anticipation that the State legislature may take additional action. Roll Call: Yeas: Lammers, Rehn, and Stark. Nays: Sprague, Adamson, Spinks, and Glew. Motion failed.