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Thread: Iowa Code vs. Law Enforcement ( Lawful? possession of a handgun)

  1. #1
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    Iowa Code vs. Law Enforcement ( Lawful? possession of a handgun)

    I have a question, I've been skimming for some time now through Iowa Code and on these forums, and it is plain that a fair number of you know what you're talking about. So I've gotten two sides of the story when it comes to mere possession of a firearm. By which I mean, lawfully contained, as defined in Iowa Code 724.4 :: 4e. Which reads:

    e. A person who for any lawful purpose carries an unloaded pistol, revolver, or other dangerous weapon inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person.

    I asked a couple of desk folk at the local Police Station if it was legal for me to transport my (technically my father's, as I am only 18) handgun, unloaded, secured, and in the trunk to a shooting range, to which they said, "No.". I am confused as later stated in section 724.15 :: 2e that

    2. Any person who acquires ownership of a pistol or revolver shall not be required to obtain an annual permit if:

    e. The person transferring the pistol or revolver and the person acquiring the pistol or revolver are related to one another within the second degree of consanguinity or affinity unless the person transferring the pistol or revolver knows that the person acquiring the pistol or revolver would be ineligible to obtain a permit.

    I am eighteen, have never committed nor been convicted of a Felony, or crime of any sort for that matter, is it legal for me to transport the gun to the range for lawful purposes? I know that later on it says something about "under supervision of a adult twenty-one years or older, with consent of a parent/guardian", but I'm not certain if this trumps the lawful transport law, as I am a legal adult, and the firearm is "mine", as transferred to me by my father.


    If I'm just reading the Code incorrectly, or am only reading what I want to see, please let me know.


    Also: Do both OC and CC require a permit? I know for certain CC does, but I've heard conflicting arguments for either, any help is appreciated.


    Phred

  2. #2
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    Point 1: The police will not be able to search your trunk unless you are either a) breaking a law, or b) let them

    Point 2: You may not legally do what you are asking with a handgun. You could do it with a longgun. I bolded the most important sections below for you.
    724.22 Persons under twenty-one — sale, loan, gift, making available — possession.
    1. Except as provided in subsection 3, a person who sells, loans, gives, or makes
    available a rifle or shotgun or ammunition for a rifle or shotgun to a minor commits a serious
    misdemeanor for a first offense and a class “D” felony for second and subsequent offenses.
    2. Except as provided in subsections 4 and 5, a person who sells, loans, gives, or makes
    available a pistol or revolver or ammunition for a pistol or revolver to a person below the age
    of twenty-one commits a serious misdemeanor for a first offense and a class “D” felony for
    second and subsequent offenses.
    3. A parent, guardian, spouse who is eighteen years of age or older, or another with the
    express consent of the minor’s parent or guardian or spouse who is eighteen years of age or
    older may allow a minor to possess a rifle or shotgun or the ammunition therefor which may
    be lawfully used.
    4. A person eighteen, nineteen, or twenty years of age may possess a firearm and the
    ammunition therefor while on military duty or while a peace officer, security guard or
    correctional officer, when such duty requires
    the possession of such a weapon or while the
    person receives instruction in the proper use thereof from an instructor who is twenty-one
    years of age or older
    .
    5. A parent or guardian or spouse who is twenty-one years of age or older, of a person
    fourteen years of age but less than twenty-one may allow the person to possess a pistol or
    revolver or the ammunition therefor for any lawful purpose while under the direct supervision
    of the parent or guardian or spouse who is twenty-one years of age or older, or while the
    person receives instruction in the proper use thereof from an instructor twenty-one years of
    age or older
    , with the consent of such parent, guardian or spouse.
    6. For the purposes of this section, caliber .22 rimfire ammunition shall be deemed to be
    rifle ammunition.
    7. It shall be unlawful for any person to store or leave a loaded firearm which is not secured
    by a trigger lock mechanism, placed in a securely locked box or container, or placed in some
    other location which a reasonable person would believe to be secure from a minor under the
    age of fourteen years, if such person knows or has reason to believe that a minor under the
    age of fourteen years is likely to gain access to the firearm without the lawful permission
    of the minor’s parent, guardian, or person having charge of the minor, the minor lawfully
    gains access to the firearm without the consent of the minor’s parent, guardian, or person
    having charge of the minor, and the minor exhibits the firearm in a public place in an unlawful
    manner, or uses the firearm unlawfully to cause injury or death to a person. This subsection
    does not apply if the minor obtains the firearm as a result of an unlawful entry by any person.
    A violation of this subsection is punishable as a serious misdemeanor.

  3. #3
    Regular Member Tucker6900's Avatar
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    Quote Originally Posted by Phred_IA View Post
    I have a question, I've been skimming for some time now through Iowa Code and on these forums, and it is plain that a fair number of you know what you're talking about. So I've gotten two sides of the story when it comes to mere possession of a firearm. By which I mean, lawfully contained, as defined in Iowa Code 724.4 :: 4e. Which reads:

    e. A person who for any lawful purpose carries an unloaded pistol, revolver, or other dangerous weapon inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person.

    I asked a couple of desk folk at the local Police Station if it was legal for me to transport my (technically my father's, as I am only 18) handgun, unloaded, secured, and in the trunk to a shooting range, to which they said, "No.". I am confused as later stated in section 724.15 :: 2e that

    2. Any person who acquires ownership of a pistol or revolver shall not be required to obtain an annual permit if:

    e. The person transferring the pistol or revolver and the person acquiring the pistol or revolver are related to one another within the second degree of consanguinity or affinity unless the person transferring the pistol or revolver knows that the person acquiring the pistol or revolver would be ineligible to obtain a permit.

    I am eighteen, have never committed nor been convicted of a Felony, or crime of any sort for that matter, is it legal for me to transport the gun to the range for lawful purposes? I know that later on it says something about "under supervision of a adult twenty-one years or older, with consent of a parent/guardian", but I'm not certain if this trumps the lawful transport law, as I am a legal adult, and the firearm is "mine", as transferred to me by my father.


    If I'm just reading the Code incorrectly, or am only reading what I want to see, please let me know.


    Also: Do both OC and CC require a permit? I know for certain CC does, but I've heard conflicting arguments for either, any help is appreciated.


    Phred
    Amaixner is correct. You must be with someone 21 or older to possess.

    A permit is required to carry a weapon in Iowa, period. Open or concealed. There is no restriction on style of carry.
    The only terrorists I see nowadays are at the Capital.


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  4. #4
    Regular Member Tucker6900's Avatar
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    Quote Originally Posted by matt2636 View Post
    the trunk thing can still be fishy. lets say he was taking his shot gun to the range and it was in his trunk and the back seat could fold down which gives access to the truck couldnt he still be charge with "concealing a weapon"?? since its "easely accessable?" samething with a truck that has a slideing rear window.
    I believe that somewhere there is case law concerning that very situation.

    I believe most people, law included, see "easily accessible" to mean being able to get to the weapon without too much effort.

    There was a case in Illinois about someone carry a firearm in the center console. It was deemed legal as it as being transported in the manner explained in the law.

    However, as amaixner stated, no officer, without PC or RAS can search his vehicle without his permission. And if they do so, nothing found during the search will be allowed in court.
    The only terrorists I see nowadays are at the Capital.


    The statements made in this post do not necessarily reflect the views of OCDO or its members.

  5. #5
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    Quote Originally Posted by Tucker6900 View Post
    A permit is required to carry a weapon in Iowa, period. Open or concealed. There is no restriction on style of carry.
    Except that you may open carry without a permit if you are neither in a vehicle nor in an "incorporated area" (city). This means that many county parks must allow permit-less OC, for example.
    Last edited by amaixner; 08-21-2012 at 09:21 AM.

  6. #6
    Regular Member Tucker6900's Avatar
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    Quote Originally Posted by amaixner View Post
    Except that you may open carry without a permit if you are neither in a vehicle nor in an "incorporated area" (city). This means that many county parks must allow permit-less OC, for example.
    I was going to say that but couldnt find the cite for it. Thanks.
    The only terrorists I see nowadays are at the Capital.


    The statements made in this post do not necessarily reflect the views of OCDO or its members.

  7. #7
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    Quote Originally Posted by Tucker6900 View Post
    I was going to say that but couldnt find the cite for it. Thanks.
    It isn't a specific cite, per se, but rather the lack of prohibitions after summarizing what is and isn't said in IC724. Nulla poena sine lege.

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