IA_farmboy wrote:Geez . . . I knew about it; surprised you didn't. . . came in through my "aluminum foil hat" . . reception has been pretty good lately . . . everything IGO (notice that is IGO, not the NRA and not Iowa Carry) sends out, I read. Very informative . .they cover ALL the second amendment activity in the legislature, not just the bills they are pushing.Being a bit anxious to see if the "shall issue" bill gets signed by the governor I go to the governor's website to see what bills have been signed lately. To my surprise I see this entry:Upon further investigation I find this:House File 2200, an Act relating to the carrying of a gun in or on a vehicle on a public highway and making penalties applicable.
This is a good thing, no? Why is it only now I hear about this? What are the exceptions that is referenced by "except as permitted by law"? Is a permit to carry such an exception?House File 2200 - Enrolled
House File 2200
RELATING TO THE CARRYING OF A GUN IN OR ON A VEHICLE ON A
PUBLIC HIGHWAY AND MAKING PENALTIES APPLICABLE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 483A.36, Code Supplement 2009, is
amended to read as follows:
483A.36 Manner of conveyance.
A person, except as permitted by law, shall not have or
carry a gun in or on a vehicle on a public highway, unless the
gun is taken down or totally contained in a securely fastened
case, and its barrels and attached magazines are unloaded.
It is a clarification of the law so that magazines that are full but detachedand in the vicinity of the gun do not constitute a loaded gun. Yes, that is a good thing. I was personally involved in a court case where a friend was prosecuted for violation of ICA 724 in this exact situation . . . empty gun, loaded mag in the gun case, case closed and secured. The prosecution was the directresult of AMBIGUOUS LAW . . . he almost spent a year in jail and lost his gun possession rights under Iowa law, but the judge, surprisingly so and to the extreme protestations of the prosecutor, instructed the jury that the loaded magazine next to a gun did not constitute a loaded gun. That, of course, is not precidentury, since this ruling was in a district court. I think the judge “smelled” an appeal, and did what he could to avoid that. My “friend” was acquitted, as technically at that point, he was inside the law. As far as I know, there has never been a higher court ruling in this state that has clarified the condition of a loaded magazine next to a gun, and the law didn’t address it, until now. In some states, a loaded mag outside of the gun constitutes a loaded weapon.
This is a good object lesson about the dangers of ambiguous, vague, poorly written law, such as the case we have with the possible CCW law that is pending the “Gov’s” signature. I know you find it very easy to brush this off (as do the Iowa Carry mermidons) as you have made clear, but real people could suffer real injustices as a result . . .
"Justice will not be served until those who are unaffected are as outraged as those who are." ~ Benjamin Franklin
Still the only Straight Shooter . . .