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Thread: Council Bluffs

  1. #1
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    Council Bluffs

    Hey, just moved here from Kansas and I'm kind of excited to be able to open carry. Originally from Minnesota so I'm familiar with OC. I was just wondering if anyone around here is OCing? I did notice that Council Bluffs passed something at their council banning weapons in city buildings.

    Also if there are any OC events in the area I would love to attend, or maybe start one.

  2. #2
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    GWOT_Vet:

    Under Iowa Code 724.28, Iowa Preempts Local Governments from Regulating Firearms.

    Therefore, notwithstanding Council Bluffs Ordinance, Open Carry of a Loaded Firearm in Council Bluffs Public Buildings is Legal, so as long as The Possessor Possesses The Firearm Lawfully.

    Iowa Code 724.28 is Veiwable here: http://coolice.legis.state.ia.us/coo...3&input=724.28

    aadvark
    Last edited by aadvark; 06-27-2011 at 11:49 AM.

  3. #3
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    aadvark,

    Thanks for the info!

  4. #4
    Regular Member Tucker6900's Avatar
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    Quote Originally Posted by GWOT_Vet View Post
    aadvark,

    Thanks for the info!
    The info is correct. These cities are are passing resolutions to try and skirt around the preemption law. They are unlawful. Ignore, Ignore, Ignore.

  5. #5
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    Well while I'm here I want to ask about the 1000 foot rule from a school. What if I'm across the street a good ways going into a grocery store, or gas station etc... Am I in violation or would I be considered on private property (even though the store is open to the public)?

  6. #6
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    First, just to be clear since I'm not sure what your position is, here in Iowa OC is only legal without a permit outside of an incorporated area, so you will need a permit if you are going to OC in town.

    Second, the Federal GFSZ law applies only to those without a permit. If you have a permit issued by the state in which you are carrying within 1000 feet of the real property comprising the school then you are just fine.

    Third, Iowa doesn't not have a prohibition on carrying within 1000 feet of a school or park. It only has a penalty enhancer. All it does it double the punishment if you were to commit a public offense involving a firearm within 1000 feet of a school or park.

    Keep in mind however, Iowa does have a law prohibiting carry on the grounds of a school. Doing so is a class D felony.

    Hope that clears things up. If you want to see the actual text of the code Click Here.

  7. #7
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    Open carry is only lawful inside the city limits if you have a permit to carry. Since you are now an Iowa resident then you must have an Iowa permit to carry.

    There is no prohibition of carrying a weapon in the proximity of school grounds in federal and state law so long as you have a permit from the state to carry that weapon, this applies to both open and concealed carry. In the grocery store example you gave the open carry of your firearm would be lawful so long as the grocery store owner allows you to carry on the property. The issue would be that once you leave the store you would likely enter the public area of the city, at that time you would need a permit to lawfully carry. Do not enter school grounds while armed. There is a fuzzy area of the sidewalk in front of the school, I'd walk along the opposite side of the street if I was to walk past a school while armed.

    Marion tried to pass a law prohibiting open carry in the city buildings. From the public testimony there were some very intelligent and informed people that stated that doing so would be a violation of Iowa law. The city attorney said that Iowa law only allows a city ordinance to carry a minimal penalty. I don't recall the penalty but it would be a minor misdemeanor. So, even if the city passed the ordinance and attempted to enforce it the penalty would not be severe enough to threaten your ability to keep your permit. I'd personally ignore any city weapons ordinance, but I also would not rub it in their face while in violation.

    Welcome to Iowa!

  8. #8
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    Thanks for the great info everyone. I actually have my permit to carry from Minnesota, since I'm active duty I still maintain my MN residency. The way the law reads to me it doesn't matter what state my permit is from, they will honor it.

    Thanks again!

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