SJR 4 (LSB 1822XS (2) 86)

SENATE JOINT RESOLUTION 4

BY  ZAUN

SENATE JOINT RESOLUTION

A Joint Resolution expressing the Iowa General Assembly’s refusal to recognize or support any statutes, presidential directives, or other regulations and proclamations which conflict with the Second Amendment of the Constitution of the United States and which are expressly preempted by the rulings of the United States Supreme Court.

   WHEREAS, the Second Amendment to the Constitution of the United States provides that “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”; and
   WHEREAS, the Second Amendment protects the rights of self-defense, defense of others, and defense of the nation; and
   WHEREAS, it is estimated that more than 70 million people, representing more than half of the households in America, have chosen to lawfully exercise the right to bear arms and defend themselves and their families; and
   WHEREAS, the vast majority of all lawfully owned firearms in America are not used in crime; and
   WHEREAS, the United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570 (2008), ruled that the Second Amendment protects an individual’s right to keep and bear arms; and
   WHEREAS, the United States Supreme Court in McDonald v. City of Chicago, 561 U.S. 3025 (2010), ruled that the right of an individual to keep and bear arms protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States and applies to the states; and
   WHEREAS, studies by the National Academies of Science and the Centers for Disease Control have found no persuasive evidence that “gun control” laws actually reduce crime; NOW THEREFORE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   That the General Assembly of the State of Iowa will uphold the Second Amendment to the Constitution of the United States and will act in conformity with its members’ sworn duties as duly elected officials charged with the public trust; and

   BE IT FURTHER RESOLVED, That the General Assembly of the State of Iowa will not act to enforce any statutes, presidential directives, or other regulations and proclamations which conflict with the Second Amendment to the Constitution of the United States and that are expressly preempted by the rulings of the United States Supreme Court; and
   BE IT FURTHER RESOLVED, That the Secretary of the Senate shall transmit certified copies of this Joint Resolution to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, the Majority and Minority Leaders of the United States Senate and the United States House of Representatives, and to each member of Iowa’s congressional delegation.

EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This joint resolution expresses the Iowa General Assembly’s refusal to recognize or support any statutes, presidential directives, or other regulations and proclamations which conflict with the Second Amendment to the Constitution of the United States and which are expressly preempted by the rulings of the United States Supreme Court.