Government : Benton County the 23rd County in Iowa to become 2nd Amendment Sanctuary County

Joining 22 other counties in Iowa, Benton County became the 23rd to declare itself a 2nd Amendment Sanctuary County with unanimous support.

Tom Boeckmann addressed the board and shared a bit of Benton County's history when it comes to the 2nd Amendment. He said that according to the restrictions placed on Benton County residents, they are not allowed to carry any firearms on county property. He also stated that the county had gone further than that and included "dangerous weapons" in that law. The law can be viewed here.

Boeckmann said that the definition of a "dangerous weapon" in the code of Iowa includes any knife with a blade longer than 4 inches, which would include a fillet knife at Hannen Lake. "It would make it illegal to turn around with a shotgun in your trunk at the maintainer building in Keystone," Boeckmann said. He went on to say that at the time he was a cub scout leader and because the county had an interest in the Dudgeon Lake at the time, it made it illegal to go out there because he had firearms in his truck.

At this point the County Attorney, David Thompson interrupted saying that this was not true.

Boeckmann went on to explain that the Iowa Legislature changed the law that if a political subdivision prohibits firearms they must have armed security at entrances, and Benton County does. He continued, "so right here, in Benton County, our rights have been infringed."

He went on to explain that there are two bills in Congress right now, the National Defense Authorization Act and the Violence Against Women Reauthorization Act he said that both of them have language in them to regulate firearms and infringe on our rights. He believes that the resolution lets residents know that the Supervisors take their oath seriously. He pointed out that the 2nd Amendment is different than the other amendments in the constitution because it states in this amendment "shall not be infringed" while the others say that the government "shall not make laws." He explained that the law from Iowa Legislature in 2010 requiring Sheriffs to issue gun permits rather than leaving it to the sheriff's discretion. Boeckmann said at the time there was fear that we'd turn back into the old west, which of course did not happen.

Bill Keller of Vinton is a local firearms instructor and has instructed many in firearm safety. He said he's taken the oath to defend the constitution six times in his life enlisting as an officer and has served on four different continents and takes the 2nd amendment seriously. He said he applies the P.O.G.O. Method. Pants On, Gun On. Pants Off, Gun Off.

He addressed the board and said, "You do not have the ability to grant me the right to bear arms. The State of Iowa does not have the ability to grant me the right to bear arms. The United States government does not have the right to tell me that I have the right to bear arms. That's a natural right. I have the right to life, I have the right to protect myself, my family and this country." He thanked the Supervisors for the stand that they would take understanding that they would be judged for the stand they take on this.

As part of the discussion, Supervisor Rick Primmer said that he had checked with the County Attorney as well as the attorney who oversees the insurance for the county, Heartland, and said basically that the resolution is the constitution of the United States Constitution. He said that some feel that it's a waste of time to have this discussion, but he said that he feels that it is important to let people know where we stand. He said, "unless there is other discussion, Gary made the motion two weeks ago, and I would second his motion if he would care to make that motion again."

County Attorney Thompson jumped in, "Are you going to do that again before the discussion is over? The first time around you didn't get to the discussion."

Primmer, "And he hasn't made a motion yet."

Thompson, "No, but you're asking him to. There's a LOT of misinterpretation about what I was doing here two weeks ago. There is nothing illegal about this. But you guy's form stinks when you just jump in and do stuff without allowing people to actually have a say in it. THAT'S my point, and we're doing it again?"

Primmer, "Well, I did have a conversation with you..."

Thompson, "There are other people in the room too, Mr. Primmer."

Primmer, "I said, when I started, if I'm correct, there may be other conversation, so I stated if he made a motion I would second it. I'm giving him the opportunity to make that motion. Now, are there other people that would like to have further discussion?"

Others in attendance had questions about if it could be changed by different Supervisors at a later date and yes it can. There was some discussion about what version of the resolution could be used as well.

Supervisor Tracy Seeman explained that if they pass this, it does NOT mean that you can now carry in the courthouse and other county buildings, the same rules would apply.

Thompson explained that he has two issues with the resolution and it's not the second amendment. "Two weeks ago, my issues were as follows. I hadn't had a chance to read it. Then we had an immediate motion to approve it even though it was a discussion item. I objected to proceeding in that format completely."

He said that when he looked at the version he was handed two weeks ago, it said that the county wouldn't enforce any laws that infringe on the second amendment. The problem, Thompson explained, is that the Supervisors don't tell the Sheriff and law enforcement what laws to enforce. Law Enforcement enforces them all.

The second point Thompson made is that the courts will tell us what is and what is not constitutional. He reiterated that there is nothing illegal about the resolution.

However, he pointed out that when folks approach the security officers on the topic of the second amendment rights and how they are being infringed on, it is the law of this county. "The resolution is not a law," he explained "but it has the effect of law in the buildings that you govern with it. You're going to have people who look at this and say, 'you just passed this you can't infringe on my rights.'"

Mary Coots spoke next. "I see our constitution being shredded every day. I see our rights being trampled on every day. I think it's time that we bring attention to it and stop it."

"If I could Mrs. Coots, I would say, I understand what you're saying and it's an excellent point. But then my question is, the constitution has a lot of rights in it. Are we going to a resolution on all of them?" asked Thompson.

"If we have to, I think we should," she replied.

"This is just purely political at this point. Is that really what we want in the board room?" Thompson asked,

"I don't think upholding the constitution is political," answered Coots.

"But ma'am I disagree with you as follows. I don't think that that's the proper argument. You can be for this and support the constitution. You can be against this and still be for our constitution. I don't see this as a litmus test," said Thompson.

Following the discussion, Gary Bierschenk made a motion to approve the resolution with a second by Primmer. The adoption of the resolution passed unanimously.

RESOLUTION 21-89

A RESOLUTION DECLARING BENTON COUNTY, IOWA,

TO BE A SECOND AMENDMENT SANCTUARY COUNTY

WHEREAS, the right of the people to keep and bear arms is guaranteed as an individual right under the Second Amendment to the United States Constitution; "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 right of the people to keep and bear arms for the defense of life, liberty and property is regarded as an inalienable right by the people of Benton County, Iowa; and

WHEREAS, the people of Benton County, Iowa derive economic benefit from all safe forms of firearms recreation, hunting and shooting conducted with Benton County using all types of firearms allowable under the United States Constitution and the laws of the State of Iowa; and

WHEREAS, the Benton County Board of Supervisors was elected to represent the citizens of Benton County, and have sworn by their Oath of Office to uphold the United States Constitution and the Constitution of the State of Iowa; and

WHEREAS, Iowa State Senators and State Representatives have also sworn by their Oath of Office to uphold the United States Constitution and the Constitution of the State of Iowa; and

WHEREAS, legislation is currently being considered and expected to be proposed by both the Iowa State Legislature and the Federal Legislature the potentially seeks to infringe on the constitutionally protected right of citizens to keep and bear arms; and

WHEREAS, it is desirable to declare that Benton County is a Second Amendment Sanctuary County, as Benton County opposes the enactment of any legislation that would infringe upon the constitutional right of the people of Benton County to keep and bear arms; and

NOW, THEREFORE, BE IT RESOLVED, that the Benton County Board of Supervisors hereby declares Benton County, Iowa, to be a Second Amendment Sanctuary County, and hereby states its opposition to the enactment of any legislation that would infringe upon the constitutionally right of the people of Benton County, Iowa to keep and bear arms.

Dated this 12th day of October 2021.

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Tracy Seeman, Chairman

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Gary Bierschenk

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Rick Primmer

ATTEST:

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Hayley Rippel, Benton County Auditor