Guns in the Library, Where Does Waverly Stand? - AR

On August 26th the Waverly City Council discussed whether or not guns should be allowed in the library and other city buildings around the community. This discussion surfaced due to a “non-incident” that occurred at the Waverly Library last November.

Director of the library Sarah Meyer came forward to explain the incident and to look for answers. She started off by telling the council that, “the library has had a policy for many many years … that possession of firearms or any weapon is prohibited in the library.”

With this stated, Meyer began to tell the council that at a children’s winter craft event at the library, some of the children observed that one father was carrying a gun. The children told two library staff members in the room, who were unsure of what to do.

“The children were nervous about it; the children were scared," Meyer said.

Meyer explained that at this point, she did not know whether or not the man had a permit to carry. If he did, she wasn’t sure which would supercede the other: the library policy or the man’s permit.

“Really it’s about the library board understanding what our policies can be with the current laws,” Meyer said.

Chris Nolan, a concerned Waverly resident, then came to the stand to give his point of view on the matter. Nolan stated that due to Iowa Code section 724.28, “Any ordinance would be illegal and would allow a person to sue the city should they be arrested under the ordinance.”

City Attorney William Werger said that regardless of section 724.28, “you can prevent people from carrying weapons in your own property.”

Werger explained that while Waverly would not be able to restrict the use of firearms in the community in general, the do have control of whether or not firearms are allowed in city buildings such as the library.

“There is a specific law that says you can prevent people from carrying weapons in a school,” Werger said, “In my opinion, a public library is not really much different.”

The weapons-free zone of any school is a 1,000 foot radius, which the Waverly Library falls within. This fact should mean that the library can enforce a policy banning firearms, but it is unclear how a court case would go in regards to this issue if someone were to contend said policy. 

“We’re kind of deciding if we have the legal ability to do this,” said city council member Brian Birgen,” but  the other question is if we do, is this something that we want to do?” 

Nathan Lindeman, a Waverly resident and military member, was concerned with the distinction between open-carry and concealed-carry weapons and what exactly should be allowed.

“I understand that you don’t want to scare children,” Lindeman said, “I understand if you want to limit people loaded to the teeth walking into the library. However, concealed carry I believe is a different issue.”

“These people have chosen to go out of their way, to pay the money, to get their concealed carry permit, and if something were to happen these are the first people on the scene. I just want you to consider that,” Lindeman stated.

Michelle Chavez, a Waverly resident, explained that after a short time researching online, she found that, “places such as gun-free zones really don’t reduce the risks of shootings.” 

Chavez was concerned that children were scared by seeing someone carrying a gun in the library, but said that proper concealed-carry would mean that that gun should have remained unseen.

Ann Rathe, City Council member, said, “I think that Waverly is a relatively quiet town, but shootings happen in quiet towns.”

“This is obviously a very emotional issue for people,” Rathe continued, “I do think restrictions can be made and should be made on where people can carry weapons and whether they should.”

“How do you explain to a child that a person needs a gun to go make crafts at a library and that he is a reasonably minded person.. You don’t know that,” Rathe said.

City Council member Tim Kangas likened kicking someone out of the library for carrying a gun to kicking someone out for having scary tattoos or an inappropriate shirt, but the rest of the council did not agree.

“I would like to give our librarians some clear direction and give them the feeling that they can ask people to obey their gun-free zone,” Birgen said.

“That’s why we have laws,” City Council member Mike Sherer agreed, “ They don’t always work, people don’t always listen to them but if we have none of them then we are in a very bad place.”

Chief of Police Richard Pursell weighed in as well, explaining that the library wouldn’t be able to make a gun law, but rather a behavior policy. Since carrying a gun into the library is already against the library behavior policy, Meyer said that the library very well might not need to change anything. 

The council members seemed to be torn in several directions on the best option for the library and other Waverly city buildings. They agreed that the topic would have to be discussed again at a later date and possibly move above them to the state legislature.