Iowa’s law banning domestic abusers from possessing firearms is unconstitutional, the Iowa Supreme Court says.
Sometimes. For some abusers.
In its Friday, June 26, decision, the court reversed the conviction of Eric Schadl of Dubuque County, who was convicted of illegally possessing a firearm 14 years after he was found guilty of misdemeanor domestic abuse.
Schadl was charged after admitting to a police officer who was investigating a reported violation of the ban that he had a .22-caliber rifle.
In court and in his appeal, Schadl argued his prosecution was illegal under Amendment 1A, a state constitutional provision Iowa voters adopted in 2022 to require all gun restrictions meet the standard of “strict scrutiny.” That is a judicial doctrine requiring a law impinging on fundamental rights to be narrowly tailored to meet a compelling government interest.
In its decision, the court’s majority refused to find the law unconstitutional in all cases. Justice Matthew McDermott wrote the law would clearly be valid if applied to someone who obtained a firearm just a week after their domestic violence conviction.
Schadl’s case, though, presented a very different question. While attorneys for the state argued domestic abusers present a high risk to reoffend, McDermott noted many studies, including some offered by the state, show that risk rapidly diminishes over time.
“In short, the State’s legislative facts fail to convince us that the firearm prohibition as applied to Schadl — who had gone fourteen years without reoffending — was narrowly tailored to advance public safety,” McDermott wrote.
What does the ruling mean for other gun possession cases?
Because Schadl was challenging the law as applied specifically to him, Friday’s ruling won’t immediately change the law or affect other pending cases. But as Justice Edward Mansfield noted in a concurring opinion, it does create an “unwieldy situation” in which prosecutors in each case will have to not only prove a defendant possessed a firearm, but that the prosecution is constitutional.
Mansfield offered several suggestions, some of which would require new legislation. In particular, he pointed to a separate Iowa law banning gun ownership by former mental health inpatients. The Supreme Court upheld that law in 2024 in part because the law has a procedure built in for people to petition the courts to restore their rights.
“In an appropriate case, we might determine that a legislatively enacted path for restoring convicted felons’ firearms rights passes muster under article I, section 1A,” he wrote.
In a dissent, Justice Christopher McDonald argued that ruling the domestic violence law is negated because of the 2022 amendment undercuts both lawmakers and voters’ intent in approving the constitutional amendment. Justice Dana Oxley joined McDonald’s dissent.
Republican leaders had defended law in court
Attorney General Brenna Bird, who defended the law on appeal, said in a statement she was “deeply disappointed” in the decision but warned that it remains illegal for Iowans convicted of domestic abuse to own a firearm.
“Under federal law, convicted domestic abusers cannot buy or own a gun because it is still a federal crime,” she said. “A convicted domestic abuser can still spend up to 10 years in prison for breaking this law.” Schadl received probation.
“In the Attorney General’s Office, we will continue to stand with the victims and survivors of domestic violence,” she said.
Friday’s ruling comes after more than two dozen Republican senators, including Majority Leader Mike Klimesh and other members of leadership, filed a brief in the case arguing the 2022 amendment was not intended to overturn the domestic violence firearm ban.
“By not repealing the statute during the constitutional amendment process, the legislative branch continued the policy decision that persons convicted of domestic violence are prohibited from possessing a firearm,” the senators, many of whom supported the 2022 amendment, argued. “The Legislature has not amended or repealed the law since the amendment was adopted by the people or since the Iowa Supreme Court started issuing decisions on section 1A.”
But in a statement after Friday’s ruling, Klimesh called the decision a win.
“Senate Republicans are committed to passing laws protecting the Second Amendment rights of law-abiding citizens. Throughout my time in the Legislature, we have been dedicated to ensuring Iowans who follow the law can maintain their gun rights, while those who violate the law, like convicted domestic abusers, cannot,” he said. “The decision today shows us that our law is constitutional and we will continue to protect and strengthen the rights of our law-abiding citizens.”
Advocates warn of increased danger to victims
The Iowa Coalition Against Domestic Violence, in a statement, said the decision leaves victims and survivors less safe. At least 88 Iowans died as a result of domestic violence from 2021 to 2024, the group said.
“We understand that today’s ruling does not entirely eliminate Iowa’s firearm prohibition for perpetrators convicted of domestic violence, but it creates real fear and gaps that leave victims/survivors more vulnerable to violence,” the coalition said. “That uncertainty is dangerous, and it is victims/survivors who will feel it most.”
Iowa advocates are not comforted by the studies the court cited about offenders’ likelihood to reoffend diminishing over time.
“There is no amount of time post-conviction that can guarantee a perpetrator will not cause harm again,” the coalition said. “Changes to firearm regulations in Iowa have been on a dangerous trajectory, and this decision continues that concerning trend. We must stop prioritizing firearms over human lives.”
Polk County Attorney Kimberly Graham said in a statement that she believes prosecutors will still be able to ensure public safety after the ruling.
“It would greatly endanger people in our community if everyone convicted of domestic abuse were allowed to possess firearms, but that isn’t at all what this decision says,” she said. “We do not expect this ruling to limit our ability to protect the public. As the court notes, ‘this case turns on the specific circumstances of the defendant before us.’”
William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166.
This article originally appeared on Des Moines Register: Iowa Supreme Court finds domestic abuse lifetime gun ban can go too far
Reporting by William Morris, Des Moines Register / Des Moines Register
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By William Morris, Des Moines Register | USA TODAY Network
