Iowa Gun Owners Alert 3/2/10

Over at AmmoLand (Iowa Disarmament Act of 2010) Aaron Dorr had this to say:

(Regarding SF2357) This bill still:

* allows you to lose your gun rights, for years, without ever having been convicted in criminal court of anything;
* allows an anti-gun court to decide who is qualified to take possession of your guns;
* incorporates the Lautenberg Amendment (brought about by Sarah Brady of Handgun Control Inc.) into Iowa code whereas current Iowa law does not recognize this anti-gun language;
* gives the anti-gunners one more foothold into your rights; if misdemeanor domestic violence is grounds to lose your gun rights then what other misdemeanor crimes will be grounds for losing your gun rights?

All this can be done to a person who has not been convicted of anything in a court of law. And again, there is not a guarantee that you can be present at the hearing, or bring legal counsel, or have time to prepare a defense.

Iowa State Senator Kibbie disagrees:

Some who have contacted me think that the bill would allow a person to lose their gun rights based on the accusation of a mere acquaintance. Thankfully, the bill does not allow that. A person would only lose their gun rights if they are the subject of a permanent domestic abuse protective order after they’ve received notice, a hearing and the right to be heard. In addition, a domestic abuse protective order cannot be sought or obtained by persons who are “mere acquaintances.”

The law is very specific about who may apply. Iowa Code Section 236.2 defines the types of relationships that would qualify for domestic abuse protective orders. None of these include “mere acquaintances.” There must be a demonstrable relationship between the parties.

No temporary order would be issued requiring a person to give up their firearms. As I indicate above, that could happen only after notice, a hearing before a judge and your right to be heard. In addition, when the domestic abuse protective order expires, an individual would be able to possess firearms once again. Under Iowa Code Chapter 236, the duration of a protective order is generally for one year.

Sen Kibbie newsletter

What the senator doesn't dispute, is that a protective order can be based upon an accusation, not a conviction. One person's word against another.

That will be all it takes to remove someone's gun rights.

One person's word.