(Ames, IA) — The city of Ames has removed its blanket prohibition on carrying firearms aboard CyRide buses following a lawsuit challenging the policy under Iowa’s firearms preemption law.
On Thursday, November 5, the Ames Transit Board unanimously approved a motion removing the prohibition on firearms aboard transit vehicles. The motion also directs CyRide to notify passengers that carrying a firearm on the Iowa State University campus may violate state law and university policy.
The change follows Iowa State University student Natalie Gibson’s lawsuit against the city of Ames last month. Gibson, a junior studying animal science, argues the former firearms ban violated Iowa law by restricting the rights of individuals legally permitted to carry firearms.
According to the lawsuit, Gibson has a valid Iowa permit to carry a firearm and wants to carry it while riding CyRide buses. She says she has followed the previous policy and has not brought a firearm aboard a bus.
The Iowa Firearms Coalition also became involved in the dispute, arguing that the city’s policy conflicted with state law. The organization had reportedly notified Ames officials about its concerns more than a year before the lawsuit was filed.
Iowa’s firearms preemption law, found in Iowa Code Section 724.28, generally prohibits cities and other local governments from adopting policies that regulate the lawful possession, carrying or transportation of firearms when those matters are governed by state law. The law also provides a legal avenue for individuals who believe they have been adversely affected by a local government’s firearms restrictions to challenge those policies.
Gibson’s lawsuit seeks a court ruling declaring the former policy unlawful, an order preventing its enforcement and monetary damages under the state’s firearms preemption law. Her attorney, Alan Ostergren, said the policy change was an important step, but additional work remains in the lawsuit.
CyRide Director Barbara Neal said the agency would not comment further on the board’s decision because of the pending litigation.
The updated firearms policy has been posted on the CyRide website. The board’s action removes the blanket prohibition on firearms aboard buses, while making passengers aware of the separate restrictions that may apply on the Iowa State University campus.
