1 00:00:00,120 --> 00:00:03,560 Speaker 1: You're listening to Bloomberg Law. Iowa is now one of 2 00:00:03,600 --> 00:00:06,480 Speaker 1: the most unfriendly states in the nation. A new law 3 00:00:06,559 --> 00:00:09,600 Speaker 1: signed by Governor Terry Brand's dad will, among other things, 4 00:00:09,920 --> 00:00:13,720 Speaker 1: let children use handguns on your adult supervision, enhance existing 5 00:00:13,960 --> 00:00:17,400 Speaker 1: standard ground laws, and let permit holders carry weapons in 6 00:00:17,440 --> 00:00:20,360 Speaker 1: places like the state capital. With us to talk about 7 00:00:20,360 --> 00:00:23,080 Speaker 1: this new law is George mox Sory. He's a professor 8 00:00:23,120 --> 00:00:25,959 Speaker 1: at Southern Illinois University School of Law, and he co 9 00:00:26,079 --> 00:00:30,760 Speaker 1: wrote the first law school casebook on the Second Amendment. UH, George, welcome. 10 00:00:30,840 --> 00:00:33,680 Speaker 1: Before we get into the law, I want to mention 11 00:00:33,680 --> 00:00:36,760 Speaker 1: that the nonprofit group every Town for Gun Safety has 12 00:00:36,760 --> 00:00:39,800 Speaker 1: publicly criticized this new law. That is a group co 13 00:00:39,880 --> 00:00:42,120 Speaker 1: founded by Mike by Michael Bloomberg, who's the founder and 14 00:00:42,159 --> 00:00:47,680 Speaker 1: majority owner of Bloomberg LP, the parent company of Bloomberg Radio. George, UM, 15 00:00:47,680 --> 00:00:50,000 Speaker 1: thank you for joining us. Uh. There are a lot 16 00:00:50,000 --> 00:00:52,120 Speaker 1: of provisions in this laws, some of which I mentioned, 17 00:00:52,120 --> 00:00:54,080 Speaker 1: some of which I haven't. What do you think is 18 00:00:54,120 --> 00:00:57,880 Speaker 1: the most significant part of it? Thanks for having me. 19 00:00:58,240 --> 00:01:01,640 Speaker 1: I think the most important ones, if I had to 20 00:01:01,680 --> 00:01:03,600 Speaker 1: sort of point to two or three of them are 21 00:01:04,040 --> 00:01:08,000 Speaker 1: The first is a stand your ground provision UM. The 22 00:01:08,040 --> 00:01:12,480 Speaker 1: second is the one that bars the state from confiscating 23 00:01:12,480 --> 00:01:15,880 Speaker 1: firearms and and sort of imposing extra limits on firearm 24 00:01:15,920 --> 00:01:20,000 Speaker 1: ownership and used during state emergencies. UM. And third is 25 00:01:20,040 --> 00:01:24,080 Speaker 1: the one about permit holder confidentiality. You know, the state 26 00:01:24,160 --> 00:01:27,039 Speaker 1: is not allowed to give out to the public UM 27 00:01:27,080 --> 00:01:31,880 Speaker 1: to make public the registries of of concealed carry permit holders. 28 00:01:31,880 --> 00:01:37,560 Speaker 1: So George, the standard ground provision expands from outside your 29 00:01:37,600 --> 00:01:42,440 Speaker 1: home or business to basically anywhere. Isn't there a high 30 00:01:42,480 --> 00:01:46,640 Speaker 1: probability that that could lead to confusion? And let's say 31 00:01:46,640 --> 00:01:50,040 Speaker 1: someone's drunk and a fight breaks out. Is that likely 32 00:01:50,080 --> 00:01:54,000 Speaker 1: to increase gun violence? So it shouldn't um. And the 33 00:01:54,000 --> 00:01:56,360 Speaker 1: main reason to believe it shouldn't is that it hasn't 34 00:01:56,640 --> 00:01:59,960 Speaker 1: in other states where stand your ground laws have been passed. 35 00:02:00,080 --> 00:02:04,040 Speaker 1: But another reason is that you know someone who's drunk 36 00:02:04,440 --> 00:02:06,160 Speaker 1: or someone who's intoxic as someone who is in the 37 00:02:06,200 --> 00:02:10,120 Speaker 1: wrong and more generally speaking, cannot claim the benefit of 38 00:02:10,120 --> 00:02:12,919 Speaker 1: a staniard ground law, so it doesn't apply to attackers 39 00:02:12,919 --> 00:02:16,920 Speaker 1: for example. UM. It still only applies in situations where 40 00:02:16,919 --> 00:02:20,080 Speaker 1: deadly force is used against an individual, and there's no 41 00:02:20,120 --> 00:02:22,720 Speaker 1: reason to believe to use your example of the the 42 00:02:22,720 --> 00:02:26,919 Speaker 1: intoxicated person, that's someone who's intoxicated would think that because 43 00:02:26,919 --> 00:02:29,600 Speaker 1: of a Staniard ground law, he's now allowed to use 44 00:02:29,639 --> 00:02:32,600 Speaker 1: his firearm, when um, in the absence of a Staniard 45 00:02:32,600 --> 00:02:36,080 Speaker 1: ground law, he wouldn't, you know, it's presumably under that 46 00:02:36,160 --> 00:02:38,639 Speaker 1: such in the improper use of a firearm by someone 47 00:02:38,680 --> 00:02:42,400 Speaker 1: who's intoxicated, the intoxication is causing the problem and causing 48 00:02:42,440 --> 00:02:45,600 Speaker 1: him to attack, and that's never okay. George, you mentioned 49 00:02:45,600 --> 00:02:48,640 Speaker 1: the change in the rules governing states of emergency. Can 50 00:02:48,639 --> 00:02:50,799 Speaker 1: you just tell us a little more about about the 51 00:02:51,480 --> 00:02:55,800 Speaker 1: change in the law there. Yeah, So, in in many states, um, 52 00:02:55,880 --> 00:02:58,800 Speaker 1: you know, where the governors can can declare states of emergency, 53 00:02:58,880 --> 00:03:02,040 Speaker 1: the guvern owner and the police and and the state 54 00:03:02,040 --> 00:03:07,320 Speaker 1: government in general has greatly broadened powers over its citizens 55 00:03:07,320 --> 00:03:09,720 Speaker 1: in many ways. Right. It can it can prevent m 56 00:03:09,840 --> 00:03:12,239 Speaker 1: it can it can impose curfews for example, or I 57 00:03:12,320 --> 00:03:15,280 Speaker 1: prevent people from moving about freely and so on. Um. 58 00:03:15,400 --> 00:03:18,840 Speaker 1: What this law says is that in those situations where 59 00:03:19,919 --> 00:03:23,160 Speaker 1: the government is least able to protect its citizens, almost 60 00:03:23,160 --> 00:03:26,360 Speaker 1: by definition, because there's an emergency going on, the government 61 00:03:26,400 --> 00:03:28,960 Speaker 1: cannot take away the state government cannot take away from 62 00:03:29,000 --> 00:03:32,920 Speaker 1: the individual's ability to protect themselves. And that's exactly what 63 00:03:33,040 --> 00:03:38,640 Speaker 1: happened after Hurricane Katrina in Louisiana. Firearms were confiscated from 64 00:03:38,760 --> 00:03:42,280 Speaker 1: from law law abiding gun owners who were using or 65 00:03:42,560 --> 00:03:44,520 Speaker 1: potentially I should say, what have you. You know, may 66 00:03:44,520 --> 00:03:47,440 Speaker 1: have had the need to protect themselves at a time 67 00:03:47,480 --> 00:03:52,320 Speaker 1: when when the state police forces were most unable to 68 00:03:52,360 --> 00:03:54,280 Speaker 1: do anything. Of course, and and that sort of common 69 00:03:54,280 --> 00:03:56,120 Speaker 1: knowledge we know about all the looting and all this 70 00:03:56,280 --> 00:03:59,960 Speaker 1: that was going on. Um you take away the means 71 00:04:00,160 --> 00:04:02,880 Speaker 1: from an individual to protect him or herself in that situation, 72 00:04:02,920 --> 00:04:06,880 Speaker 1: and really bad things can happen. George the magazine Guns 73 00:04:06,880 --> 00:04:10,040 Speaker 1: and m O ranked Iowa number thirty eight among the 74 00:04:10,080 --> 00:04:15,080 Speaker 1: best states to gun owners, top of the list Arizona, Vermont, Alaska. 75 00:04:15,480 --> 00:04:19,599 Speaker 1: Will this bill put Iowa at the top of the list, 76 00:04:20,640 --> 00:04:23,000 Speaker 1: It won't put it at the top. It will certainly 77 00:04:23,080 --> 00:04:25,479 Speaker 1: move it up in the list, though. But generally speaking, 78 00:04:25,480 --> 00:04:28,680 Speaker 1: most of these provisions are not unusual in for gun 79 00:04:28,680 --> 00:04:34,040 Speaker 1: friendly states um uh. For example, what Iowa still requires 80 00:04:34,040 --> 00:04:38,080 Speaker 1: that other states like Arizona and Vermont do not are 81 00:04:38,240 --> 00:04:41,920 Speaker 1: permits not only to carry handguns, but even to purchase them. 82 00:04:41,960 --> 00:04:43,880 Speaker 1: So in Iowa you still need to get a separate 83 00:04:43,920 --> 00:04:46,279 Speaker 1: permit that I believe is good for a year to 84 00:04:46,360 --> 00:04:50,320 Speaker 1: purchase a handgun. UH. States like Vermont in Arizona, which 85 00:04:50,320 --> 00:04:52,400 Speaker 1: which are near the top of the list, don't require 86 00:04:52,400 --> 00:04:55,680 Speaker 1: a permit to purchase, and they don't require a permit 87 00:04:55,720 --> 00:04:58,240 Speaker 1: to carry either. So one is, you know, one is 88 00:04:58,520 --> 00:05:03,919 Speaker 1: allowed by stay constitutional right to carry a firearm um 89 00:05:03,960 --> 00:05:07,320 Speaker 1: without without getting a permit for it. George, we're gonna 90 00:05:07,320 --> 00:05:09,039 Speaker 1: have to leave it there. Thank you so much for 91 00:05:09,120 --> 00:05:13,040 Speaker 1: joining us. George Moxtrey, Southern Illinois University School of Law professor, 92 00:05:13,120 --> 00:05:15,320 Speaker 1: talking about Iowa's new gun law.