Iowans approve right ‘to keep and bear arms’ in state’s constitution

Iowa voters have adopted a proposed amendment to the Iowa Constitution that would add the right “to keep and bear arms,” adding language that goes beyond the protections contained in the U.S. Constitution’s Second Amendment, according to unofficial results.

Iowa will become the fourth state with “strict scrutiny” language to protect gun rights in its state constitution, achieving a longtime goal of Republicans in the Iowa Legislature.

The majority votes in the “yes” column Tuesday made up about 66% of the votes. The “no” votes to reject the amendment accounted for 34%.

The language of the amendment states: “The right of the people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny.”

The amendment described the right to keep and bear arms as “a fundamental individual right,” requiring any restrictions on gun rights to survive “strict scrutiny.”

Strict scrutiny is the highest legal hurdle for legislation to clear. It requires any restrictions on gun rights to be narrowly tailored to achieve a compelling state interest.

Supporter: A ‘historic day for freedom, civil rights and the Hawkeye state’

Supporters said the amendment was necessary to protect Iowans’ rights from infringement. Some advocates for the amendment said courts reviewing Second Amendment cases have not been protective enough of the right to keep and bear arms over the years, which is why they supported adding the language in the Iowa Constitution.

The Iowa Firearms Coalition President Dave Funk praised the approval of the ballot measure Tuesday evening, calling it a “historic day for freedom, civil rights and the Hawkeye state.”

At the Republican Party’s election night event in Des Moines, the crowd cheered as at television screen flashed news that voters approved the constitutionally amendment Tuesday night.

Adam Bentz, 44, of Ankeny, supported the measure. He said he is not a “gun nut.” He started hunting about a decade ago and owns “very few” guns. He also supports background checks for prospective owners.

“The constitution’s pretty clear,” he said, nursing a Busch Light as the crowd thinned out inside the Hilton Des Moines Downtown. “We have it spelled out. We have the right to bear arms. It just makes sense at the state level that we would have the right to bear arms as well.”

Opponents said the amendment would make it easier to strike down existing gun laws and make it harder to pass new regulations. The Iowans for Responsible Gun Laws called the amendment “reckless,” saying it would “only serve to put Iowans in harms’ way.”

“The potential consequences of this amendment’s passage, from expensive lawsuits in the Iowa courts to impacting current law and the safety of Iowans, will be far reaching and dire for our state,” the coalition wrote in a statement Tuesday evening.

Tuesday’s vote was the final step in Republican lawmakers’ effort to amend the state’s constitution to create higher standards for future gun control proposals. Republican lawmakers passed the language again in 2019 and 2021, allowing it to appear on the ballot this year.