West Burlington Continues To Ignore the IFC and NRA

July 25, 2010

After being contacted by members of both the NRA and the IFC, the Mayor of West Burlington continues to believe that he can ignore state law. One of our members did some fantastic research on the passage of West Burlington's Chapter 30 back in 2002. In fact, as evidenced by the minutes from two City Council meetings, Mayor Trousil and the City Council were FULLY AWARE that their actions were illegal, yet they chose to move forward anyway. Here are some excerpts from the minutes:

8/12/2002 Council Minutes

PUBLIC SAFETY – Discuss Restricting the Carrying of Firearms or Weapons in Public Buildings to Law Enforcement Personnel – Council Member Johnson said he asked for this topic to be placed on the Agenda. He said in the past the Council had required any one attending Council Meetings to be checked for weapons. He would like to see this reinstated.

Al Nielson, Hwy 99, presented a copy of the section of the Iowa Code which he said prohibits political subdivisions of the state from enacting an ordinance regulating the ownership, possession, legal transfer, lawful transportation, registration, or licensing of firearms when the ownership, possession, transfer, or transportation is otherwise lawful under the laws of the state. He said individuals who have permits to carry have already gone through specific procedures. He objects to further restrictions and believes it is prohibited.

George Marzek Jr. stated Des Moines County prohibits weapons other than law enforcement and wondered how they get around the law. (Which is why Des Moines County has been a RED county for quite some time, since they “prohibit” weapons there. --SM)

Council Member Pilger wondered how effective meetings would be if guns were displayed on the table while meetings were being held. (Why would you put your guns on the table? They are far more useful -and safe - if kept properly in their holsters! --SM)

The Council agreed to present the question to the City Attorney for an opinion.

(On 9/23/2002 the City Council waived the 2nd and 3rd reading of the weapons ban ordinance and passed it with one reading. And some objected at that time also. Note the arrogance of Mayor Trousil in pushing this through with just one reading, AND in trying to stop the citizens from having the chance to comment on this ordinance!)

Consider Ordinance Establishing Firearm/Weapons Free Zones in Municipal Buildings – Mayor Trousil presented an Ordinance prepared by the City Attorney to the Council for consideration. Crowner moved, second by Johnson, to approve the first consideration of an Ordinance establishing Firearm/Weapons free zones in Municipal Buildings in the City of West Burlington. Mayor Trousil asked for comments from the Council. There were none. Visitors in the audience wanted to comment on the Ordinance but the Mayor said the Council had heard all of the arguments before and did not feel they would add anything new. Council Member Hockett argued this was not the policy followed in the past. He said the Council had never denied public comment about any topic they wanted to discuss. Mayor Trousil said we have been through it all before and he doesn’t want to hear it again. He called for the roll call. Ayes: Lees, Crowner, Pilger and Johnson. Nays: Hockett. Motion carried.

Consider Resolution Waiving Second and Third Reading of an Ordinance – Lees moved, second by Pilger, to approve a Resolution Waiving the Second and Third Reading of an Ordinance. Roll call. Ayes: Johnson, Lees, Pilger and Crowner. Nays: Hockett. Motion carried.

The following Persons commented on the Firearms/weapons Ordinance.

Laverne Schroeder, Iowa Sportsman Federation – Des Moines, Iowa – thinks the Ordinance is null and void

Charles Varboncoeur - 718 Leffler - first time residents have not been allowed input on a subject. As a tax payer he doesn’t want his taxes to go up to pay because of this ordinance.

Carl Brooks – Burlington – if more persons had guns it would be safer.

Bill Kreamalmeyer – Rural West Burlington – has right by law to protect himself and family and the Council has no right to take it away from him.

Bill Mullen – Ft. Madison – asked if the City is willing to defend this Ordinance in court. Also asked why was it necessary to waive the second and third reading of an ordinance.

Sylvia Kreamalmeyer – Rural West Burlington – asked if Council was going to provide gun lock box for visitors at Council Meetings.

Al Nielson, Burlington – Council has always been opened to public discussion, thinks is it appalling no chance was provided; supposed to be democracy.

http://www.westburlington.org/archive/minu...2002/092302.htm

As this case develops, it has far reaching effects for the rest of the state. Should West Burlington prevail, it will only give other localities the courage to do the same thing. That would turn Iowa into a patchwork-quilt of local ordinances that could easily trap anyone visiting from other counties – or even other states.

That is totally unacceptable. There is one statewide firearms law, and that is the only law that any locality should be enforcing. Imagine if Iowa traffic laws that would make a criminal out of a driver varied from jurisdiction to jurisdiction. How long do you think that would stand before there was an uproar about it?

Mayor Trousil apparently doesn't even believe that those who write him are worthy of a response beyond a canned response that everyone has received so far. To him, we are all apparently gnats on his posterior end. (Or at least “nut jobs.”)

We need YOU to use the Iowa Firearms Coalition Action Center to flood the mailboxes of Mayor Trousil and the rest of the West Burlington City Council today. If you've done this once already, do it again. West Burlington is like any other city in Iowa. The economic downturn has left the city with sinking revenues and increasing debt, and the last thing the citizens of West Burlington need is to be spending money to defend a law that is illegal to begin with.

This absolutely has everything to do with every member on this mailing list that lives in Iowa. Not just members who live in West Burlington or Des Moines County. A successful attack on preemption is like a cancer. Once it begins, it is hard to stop. Now is the time to put an end to this practice and be ever vigilant for other attacks on preemption throughout the state. Visit the IFC-AC today to show your disgust for the West Burlington law, the way it was enacted, and your support for efforts to get it repealed.

If you need more information on what's happening with this ordinance, or what Mayor Trousil has been saying, you can find that by going to this article on the Des Moines Examiner web site.

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