Iowa Chief Justice Bans Weapons

On 19 June, 2017, the Chief Justice of the Iowa Supreme Court banned all weapons in county courthouses. The ban did not include peace officers on duty.

The claimed reason for the order was to institute a comprehensive and uniform statewide policy prohibiting weapons in court houses. Iowa had a mix of counties that prohibited weapons in courthouses, counties where weapons were prohibited by the chief judge in the county, and counties that did not prohibit weapons.  From radioiowa.com:

The Chief Justice of the Iowa Supreme Court issued an order today banning guns from all courthouses.

Chief Justice Mark Cady says in his order that after reviewing the policies on guns across the state he found 44 of the 99 counties prohibit weapons in courthouses, 11 prohibit them in all county building sand sixteen prohibit weapons on in areas controlled by the judicial branch. 

From the order: 

Accordingly, under our constitutional authority and responsibility to supervise and administer Iowa’s district courts, the supreme court now orders that all weapons are prohibited from courtrooms, court-controlled spaces, and public areas of courthouses and other justice centers occupied by the court system. This order does not affect the authority of county or city officials to determine appropriate employment policies for their employees in county and city offices located in courthouses and other justice centers. This order also does not affect the authority of peace officers to carry weapons in courthouses and justice centers while performing law enforcement duties. The chief judge of each judicial district is authorized to work with county and city officials as well as courthouse and public building security committees to develop additional policies and procedures necessary to implement this supervisory order. This order applies to the Judicial Branch Building.

Dated this 19th day of June, 2017.

 It is legal for the Chief Justice of Iowa to do this, because the Iowa courts are a separate and co-equal branch of the Iowa government, not a lower level of government such as county, town, and city governments.

A similar situation occurred in Arizona in the 1990′s.  Early in the 1990′s I could and did carry weapons into the county court house without any problems. I seldom carried into a court room, because I had no reason to go there.

A notorious double murder was committed in the County, and the Chief Justice banned citizens from carrying weapons in the court house. The Chief Justice was well known for his anti-Second Amendment proclivities. Metal detectors and armed guards were installed, at considerable expense.

After the trial, they were kept in place. The Chief Justice of the State Supreme Court issued a very similar order to that of the Iowa Chief Justice, except that he left the issue up to the county chief justices.

The separation of powers is an integral part of the checks and balances that keep the state and federal governments from becoming tyrannical. The difficulties that banning people from exercising Second Amendment rights in Courthouses versus court rooms can be mitigated.  Arizona requires public buildings that ban the carry of guns have facilities to “check” carried guns.

Such a system could be implemented in Iowa, if the legislature so desires.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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