amaixner
Regular Member
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])