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

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.

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Phred_IA said:

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

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matt2636 said:

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.

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Tucker6900 said:

A permit is required to carry a weapon in Iowa, period. Open or concealed. There is no restriction on style of carry.

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amaixner said:

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.

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Tucker6900 said:

I was going to say that but couldnt find the cite for it. Thanks.

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