Iowa Amendment 1, Right to Keep and Bear Arms Amendment (2022)

Iowa Amendment 1
Election date November 8, 2022
Topic Firearms
Status a Approved
Type Constitutional amendment	Origin State legislature

Iowa Amendment 1, the Right to Keep and Bear Arms Amendment, was on the ballot in Iowa as a legislatively referred constitutional amendment on November 8, 2022. The measure was approved.

A "yes" vote supported adding a right to own and bear firearms to the Iowa Constitution and require strict scrutiny for any alleged violations of the right brought before a court.

A "no" vote opposed adding a right to own and bear firearms to the Iowa Constitution and require strict scrutiny for any alleged violations of the right brought before a court.

Election results

Iowa Amendment 1
Result		Votes	Percentage
Yes		748,363	65.17%
No		399,959	34.83%

Results are officially certified.

Source

Overview

What did the amendment do?

See also: Constitutional changes

The ballot measure added a right to own and bear firearms to the Iowa Constitution and require strict scrutiny for any alleged violations of the right brought before a court.

Do other states have a constitutional right to bear arms?

See also Background

As of 2021, 44 other states had provisions guaranteeing a right to firearms in their constitutions.

Who was behind the campaigns surrounding this measure?

See also: Campaign finance, Support, and Opposition

The Iowa Firearms Coalition supported the amendment. The Iowa Firearms Coalition said, “U.S. courts have long recognized that the right to keep and bear arms is a fundamental right that preexisted the Constitution and which is protected — not granted — by the Second Amendment. Although it is the ultimate guarantor of our other rights, Iowa is one of only six states that do not protect that vital right in their constitutions. ... There is (a) significant political element that wishes to either reinterpret the contemporary understanding of the meaning of the Second Amendment through overturning Supreme Court precedent — by packing the court if necessary — or by amending or repealing the amendment itself. If such were to occur, the presence of the Freedom Amendment in Iowa's Constitution would preserve strong protection of those rights at the state level." Amendment sponsor Rep. Steven Holt (R) said, "The right to someone’s own life and the pursuit of their own happiness, their own destiny — life, liberty and the pursuit of happiness — cannot be separated from the right to defend their life, hence the fundamental right to keep and bear arms in our Second Amendment." Regarding the strict scrutiny provision, Holt said, "If current or future laws are narrowly tailored to advance a compelling government interest regarding this fundamental individual right, they will be safe. If they do not fit that category, they will not be safe and they should not be on the books."

Iowans for Responsible Gun Laws opposed amendment. Iowans for Gun Safety said, "The 'strict scrutiny' language is an overreach that could threaten future sensible gun safety legislation and possibly lead to costly court challenges of current laws and future legislative efforts to address gun violence by placing a higher standard on cases (as has already happened to state and local government agencies in Louisiana and Missouri.) Arguments from gun groups at the Iowa Capitol have centered on the 'rights' of gun-owning citizens over and against the safety of the public in general. Most states with some form of Second Amendment do NOT include 'strict scrutiny' language." The Iowans for Responsible Gun Laws PAC raised $31,073 to oppose the amendments with top donors including Iowans for Gun Safety, Iowans for Gun Safety board member Janet Rosenbury, the American Association of University Women of Iowa, Lloyd-Jones Trust Agency, and Sisters of St Francis.

How did this amendment get on the ballot?

See also: Path to the ballot

To put a legislatively referred constitutional amendment before voters, a simple majority vote is required in both the Iowa State Senate and the Iowa House of Representatives in two legislative sessions with an election for state legislators in between. Every two years, half of the state senators and all of the members of the state House are up for election.

This amendment was approved during the 2019-2020 legislative passing along party lines (with Republicans in favor and Democrats opposed) except for one Democratic senator, Rich Taylor (D-42), who voted yes. The House approved the measure on the same day along party lines. The amendment was approved in the 2021-2022 legislative session along party lines with all Republicans voting in favor and all Democrats opposed.

Amendment sponsors originally intended to pass the bill during the 2017-2018 and 2019-2020 sessions to place the question on the 2020 ballot, but a bureaucratic oversight resulted in the amendment process needing to start over again, meaning the bill needed to be passed in the 2019-2020 and 2021-2022 legislative sessions to appear on the 2022 ballot.

Text of measure

Ballot question

The ballot question was as follows:

“

Shall the following amendment to the Constitution be adopted? Summary: Provides that the right of the people of Iowa to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes the right to keep and bear arms as a fundamental right. Any and all restrictions of this right shall be subject to strict scrutiny. Full Text: Article I of the Constitution of the State of Iowa is amended by adding the following new section: Right to keep and bear arms. Sec. 1A. 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.

”

Constitutional changes

See also: Article I, Iowa Constitution

The measure added a section to Article I of the state constitution. The following underlined text was added:

Right to keep and bear arms. Sec. 1A. 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.

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 7, and the FRE is 64. The word count for the ballot title is 60.

The FKGL for the ballot summary is grade level 8, and the FRE is 65. The word count for the ballot summary is 71.

Support

Supporters

Officials

• State Rep. Steven Holt (R)

Organizations

• Iowa Firearms Coalition

Arguments

• State Sen. Julian Garrett (R): "We have found that liberal judges are willing to just take away your right to keep and bear arms, the individual right. This is an attempt to do everything we can to make that harder to do."
• State Rep. Steven Holt (R): Republican Iowa legislators argued that the amendment was necessary because Iowa is one of six states without a constitutional right to keep and bear arms. Amendment sponsor Rep. Steven Holt said, "The right to someone’s own life and the pursuit of their own happiness, their own destiny — life, liberty and the pursuit of happiness — cannot be separated from the right to defend their life, hence the fundamental right to keep and bear arms in our Second Amendment." Regarding the strict scrutiny provision, Holt said, "If current or future laws are narrowly tailored to advance a compelling government interest regarding this fundamental individual right, they will be safe. If they do not fit that category, they will not be safe and they should not be on the books."
• Richard Rogers, board member of the Iowa Firearms Coalition: "Those who oppose the free exercise of the right to keep and bear arms have been trying for over 100 years to get around — we view it as they’re trying to get around the language of the Second Amendment. And frankly they’ve been pretty successful. We wanted to protect the right. So that’s why the strict scrutiny is in there."
• Iowa Firearms Coalition: “U.S. courts have long recognized that the right to keep and bear arms is a fundamental right that preexisted the Constitution and which is protected — not granted — by the Second Amendment. Although it is the ultimate guarantor of our other rights, Iowa is one of only six states that do not protect that vital right in their constitutions. ... There is (a) significant political element that wishes to either reinterpret the contemporary understanding of the meaning of the Second Amendment through overturning Supreme Court precedent — by packing the court if necessary — or by amending or repealing the amendment itself. If such were to occur, the presence of the Freedom Amendment in Iowa's Constitution would preserve strong protection of those rights at the state level.”
• Dave Funk, president of the Iowa Firearms Coalition: "Iowans know what’s necessary to make our state safe from violent criminals and the mentally deranged. Iowa has already hardened its schools; ensuring the enforcement of current criminal laws and providing effective mental health services are other steps that have proven effective everywhere they are tried. Penalizing and restricting good citizens who have never committed a violent crime, and never will, will not deter those with evil in their hearts. Iowans know that those dangerous extremists desiring to leave them defenseless by rejecting our natural right to self-defense offer a recipe for disaster. We never know when evil will come, but we can prepare for that moment through training and by having the tools necessary to protect ourselves, our families, and our communities."

Opposition

Iowans for Responsible Gun Laws led the campaign in opposition to the amendment. The campaign provided a full list of endorsements on its website, which is available here.

Opponents

Organizations

• American Association of University Women of Iowa
• Americans for Democratic Action Iowa
• Amnesty International of Iowa
• Brady United Against Gun Violence Iowa Chapter
• Catholic Peace Ministry
• Common Good Iowa
• Des Moines Faith Committee for Peace
• Dubuque Coalition for Nonviolence
• Episcopal Diocese of Iowa
• Franciscan Peace Center-Sisters of St. Francis, Clinton
• Great Plains Action Society
• Interfaith Alliance of Iowa
• Iowa Alliance for Retired Americans
• Iowa Catholic Conference
• Iowa Citizen Action Network
• Iowa Coalition Against Domestic Violence
• Iowa Coalition Against Sexual Assault
• Iowa Coalition for Collective Change
• Iowa Mental Health Advocacy
• Iowa Unitarian Universalist Witness Advocacy Network
• Iowans for Gun Safety
• Iowans for Responsible Gun Laws
• League of Women Voters of Iowa
• March for our Lives Iowa
• Methodist Federation for Social Action of Iowa
• Moms Demand Action of Cedar Rapids
• Moms Demand Action of Iowa
• No Justice No Peace
• Planned Parenthood Advocates of Iowa
• Plymouth United Church of Christ Peace & Justice Committee
• Progress Iowa
• Women’s International League for Peace & Freedom of Des Moines

Arguments

• State Sen. Kevin Kinney (D): Democratic Iowa legislators argued that the amendment could negate state laws such as permit-to-carry requirements and the ban of firearm ownership for felons. Sen. Kinney (D) said, "Not many of you have ever had to sit and look down the barrel of a gun. I have, on a number of occasions. When you are placing strict scrutiny into the Constitution, you’re going to be diminishing our laws that are on the books. To me, this is going to make law enforcement more dangerous."
• Matt Sinovic, executive director of Progress Iowa: "I hope there are no more mass shootings or across the country. And we hope that people vote against this amendment to keep our communities safe."
• Iowans for Gun Safety: "The 'strict scrutiny' language is an overreach that could threaten future sensible gun safety legislation and possibly lead to costly court challenges of current laws and future legislative efforts to address gun violence by placing a higher standard on cases (as has already happened to state and local government agencies in Louisiana and Missouri.) Arguments from gun groups at the Iowa Capitol have centered on the 'rights' of gun-owning citizens over and against the safety of the public in general. Most states with some form of Second Amendment do NOT include 'strict scrutiny' language."
• Connie Ryan, executive director of Interfaith Alliance of Iowa: "We believe that the way that the gun amendment is worded is reckless. It is irresponsible. It will put common sense gun safety laws in harm's way, which then will have a direct impact on Iowans and our own safety."

Media editorials

See also: 2022 ballot measure media endorsements

Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.

Support

Submit links to editor@ballotpedia.org.

Opposition

• Des Moines Register Editorial Board: "Iowans should not compound the problem created by the U.S. Supreme Court. There is no justification for undertaking a 'strict scrutiny' experiment here in Iowa. The case against this amendment stands even if it were not going before Iowa voters in the same year as gunmen slaughtered 19 children and two teachers at an elementary school in Uvalde, Texas; two young women in a church parking lot in Ames; or three campers, including a child, at Maquoketa Caves State Park. Amending the Iowa Constitution is usually about a four-year process. It isn't easy because the implications can be profound and difficult to reverse. This proposal is not beneficial, and its potential for catastrophic harm is considerable. Repeal could be well-nigh impossible. Changes to the Iowa Constitution should be careful. This idea is haphazard and harmful. Iowans should flip over their ballots and vote no."

Campaign finance

See also: Campaign finance requirements for Iowa ballot measures

Iowans for Responsible Gun Laws registered as a committee to oppose the amendment. The committee raised $31,073 and spent $15,833.

Ballotpedia has not identified committees registered to support the amendment.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$30,362.00	$711.00	$31,073.00	$15,122.47	$15,833.47
Total	$30,362.00	$711.00	$31,073.00	$15,122.47	$15,833.47

Support

If you are aware of any supporting committees, please send an email with a link to editor@ballotpedia.org.

Opposition

The following table includes contribution and expenditure totals for the committee in opposition to the amendment.

Committees in opposition to Amendment 1
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Iowans for Responsible Gun Laws	$30,362.00	$711.00	$31,073.00	$15,122.47	$15,833.47
Total	$30,362.00	$711.00	$31,073.00	$15,122.47	$15,833.47

Donors

The donors who gave $1,000 or more to the opposition campaign were as follows:

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Iowans for Gun Safety	$10,000.00	$0.00	$10,000.00
Janet Rosenbury	$1,500.00	$0.00	$1,500.00
American Association of University Women of Iowa	$1,200.00	$0.00	$1,200.00
Lloyd-Jones Trust Agency	$1,000.00	$0.00	$1,000.00
Sisters of St Francis	$1,000.00	$0.00	$1,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Background

Right to bear arms in state constitutions

Forty-four states have a right to bear arms in their constitutions. Six states— California, Iowa, Maryland, Minnesota, New Jersey, and New York— do not. North Carolina, Pennsylvania, and Virginia were the first to add such a right to their state constitutions in 1776. The most recent amendments were added in Alabama and Missouri in 2014 and Louisiana in 2012.

Strict scrutiny provisions

The right to bear arms in the Alabama, Louisiana, and Missouri constitutions contain a provision stating that "any restriction on these rights shall be subject to strict scrutiny."

Second Amendment, U.S. Constitution

See also: Bill of Rights, United States Constitution

The Second Amendment in the U.S. Constitution Bill of Rights states that the right of the people to keep and bear arms shall not be infringed. The text of the Second Amendment is as follows:

	Text of Amendment II: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Strict scrutiny application to law

According to Cornell Law School, courts use three levels of scrutiny when analyzing statutes, such as analyzing whether a statute infringes on Second Amendment rights. The three levels of scrutiny applied are rational basis, intermediate scrutiny, and strict scrutiny.

The following table shows what the government must prove to pass the different levels of scrutiny:

Rational basis	Intermediate scrutiny	Strict scrutiny
Government has no legitimate interest in the law; there is not a reasonable, rational link between the government's interest and the challenged law	The challenged law serves an important government objective and is substantially related to achieving the objective	There is compelling state interest behind the challenged law and the law is narrowly tailored to achieve the interest

Scrutiny for constitutional firearm rights

To determine the level of scrutiny to be applied during constitutional firearm rights cases, courts consider whether the challenged law burdens core Second Amendment activities, such as the ability to use a firearm in one's home for self-defense. If the law substantially concerns core Second Amendment activities, courts will generally apply strict scrutiny. In other cases, intermediate scrutiny would be applied.

Path to the ballot

See also: Amending the Iowa Constitution

To put a legislatively referred constitutional amendment before voters, a simple majority vote is required in both the Iowa State Senate and the Iowa House of Representatives in two legislative sessions with an election for state legislators in between. Every two years, half of the state senators and all of the members of the state House are up for election.

When a constitutional amendment has passed the general assembly in the first session and thus been referred to the succeeding legislature, the state legislature is required by Article X in the Iowa Constitution to publish the amendment in two newspapers in each of Iowa's congressional districts and on the legislature's website once per month for three months. Before the approval of House File 764 of 2019, this was the duty of the secretary of state. House File 764 of 2019 also provided that a proposed amendment that has been agreed to by two succeeding sessions of the general assembly cannot be invalidated due to an error or omission in the publication process.

This amendment was approved as Senate Joint Resolution 18 during the 2019-2020 legislative session and required approval by both chambers of the legislature again in the 2021-2022 session. SJR 18 was introduced on February 21, 2019. On March 13, 2019, it was approved by the Senate in a vote of 33 to 16, passing along party lines (with Republicans in favor and Democrats opposed) except for one Democratic senator, Rich Taylor (D-42), who voted yes. The House approved the measure on the same day along party lines.

The amendment was introduced as Senate Joint Resolution 7 in the 2021-2022 legislative session and was approved on January 28, 2021, along party lines with all Republicans voting in favor and all Democrats opposed.

2019-2020 session

Vote in the Iowa State Senate March 13, 2019
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 25  a
	Yes	No	Not voting
Total	33	16	1
Total percent	66.00%	32.00%	2.00%
Democrat	1	16	0
Republican	32	0	0

Vote in the Iowa House of Representatives March 13, 2019
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 51  a
	Yes	No	Not voting
Total	53	46	1
Total percent	53.00%	46.00%	1.00%
Democrat	0	46	0
Republican	53	0	1

2021-2022 session

Vote in the Iowa State Senate January 28, 2021
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 25  a
	Yes	No	Not voting
Total	29	18	2
Total percent	67.34%	32.66%	0.00%
Democrat	0	18	0
Republican	29	0	2

Vote in the Iowa House of Representatives January 28, 2021
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 51  a
	Yes	No	Not voting
Total	58	41	1
Total percent	58.00%	41.00%	1.00%
Democrat	0	41	0
Republican	58	0	1

Oversight in publication process voided 2018 session vote on amendments

Amendment sponsors originally intended to pass the bill during the 2017-2018 and 2019-2020 sessions to place the question on the 2020 ballot, but a bureaucratic oversight resulted in the amendment process needing to start over again, meaning the bill needed to be passed in the 2019-2020 and 2021-2022 legislative sessions to appear on the 2022 ballot.

In the 2017-2018 session, the legislature approved (1) an amendment to provide a state right to own and bear firearms and (2) an amendment to allow the governor to appoint a lieutenant governor in the event of a vacant office and revise the gubernatorial line of succession. The Iowa Constitution required notifications of the constitutional amendments to be published at least three months before November 2018. Iowa Secretary of State Paul Pate (R) said that his office failed to report constitutional amendments that the 86th Iowa General Assembly (2017-2018) approved in 2018. Because of the oversight that resulted in the amendments not being published, the amendment process had to be started over again, meaning the amendment had to be approved in the 2019-2020 session and 2021-2022 session to appear on the 2022 ballot.

Rep. Matt Windschitl (R-17) commented on the error, saying, "I was extremely disappointed to find that the Secretary of State's Office did not follow through with their obligation. Unfortunately, this sets our timeline back about two years." Pate said, “Due to a bureaucratic oversight, my office failed to publish the required notifications in Iowa newspapers of two continuing resolutions passed by the Iowa Legislature last year. I accept full responsibility for this oversight and offer my sincerest apology to the legislators and supporters who worked so hard on these bills.”

In 2004, the office of former Secretary of State Chet Culver (D) made a similar mistake as Pate, failing to publish a notification on a constitutional amendment. The Iowa General Assembly had to re-start the process and referred the amendment to the ballot in 2008.

How to cast a vote

See also: Voting in Iowa

Click "Show" to learn more about voter registration, identification requirements, and poll times in Iowa.

How to cast a vote in Iowa

Poll times In Iowa, all polls are open from 7:00 a.m. to 8:00 p.m. Central Time. An individual who is in line at the time polls close must be allowed to vote. Registration requirements Check your voter registration status here. To vote in Iowa, one must be a United States citizen, a resident of Iowa, and at least 18 years old by Election Day. A voter that is 17 years old may participate in a primary election if they will be 18 by the time of the next general election. The deadline to register is 15 days prior to the election but registration is permitted on Election Day with proof of identification.Iowans may register online or by completing a form and returning to their county auditor’s office by mail or in person. Automatic registration See also: Automatic voter registration Iowa does not practice automatic voter registration. Online registration See also: Online voter registration Iowa has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration See also: Same-day voter registration Iowa allows same-day voter registration. In order to register and vote on Election Day, voters must go to the correct polling place with proof of their identity and residence (i.e. a valid Iowa driver's license or another acceptable form of photo identification and proof of residency). Click here to read more about voter identification requirements. Residency requirements To register to vote in Iowa, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Iowa does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury. All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registration The Iowa secretary of state’s office maintains a page that allows residents to check their voter registration status online. Voter ID requirements Iowa requires voters to present identification while voting. Voters who do not have a valid ID can obtain an Iowa voter ID card for free by mail. According to the secretary of state's website, " Iowa Department of Transportation’s Driver’s License or Non-Operator ID files are automatically mailed an Iowa Voter Identification Card." Voters can present the following forms of identification: Iowa voter ID card Iowa driver’s license Iowa non-operator ID U.S. passport U.S. military ID or veteran ID Tribal ID card/document Voter who do not have one of the IDs listed above may have another voter attest to their identity, or they may provide a combination of other documents to verify their identity and residence. The following additional documents are acceptable proof of identity: Out-of-state driver's license or non-driver ID card ID card issued by employer Student ID issued by Iowa high school or college Another photo ID that is current, valid, and contains an expiration date The following documents are acceptable proof of residence: A photo ID from one of the lists above that includes the voter's current address Residential lease Utility bill (including a cell phone bill) Bank statement Paycheck Government check or other government document Property tax statement Voters without the required identification or another voter to attest to their identity will be offered a provisional ballot. }}

See also

2022 measures

• 2022 ballot measures
• Firearms on the ballot
• Constitutional rights on the ballot

Iowa

• Iowa ballot measures
• Iowa ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Full text

Support

• Iowans for Responsible Gun Laws campaign website
• Iowans for Responsible Gun Laws Facebook page
• Iowans for Responsible Gun Laws Twitter page

Opposition

Submit links to editor@ballotpedia.org.