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IOWA WEAPONS LAWS
Iowa Weapons Laws brochure (.pdf)
Iowa
Weapons Laws
IOWA
STATE SHERIFFS' AND DEPUTIES' ASSOCIATION
Brochure Updated July, 2005
IOWA DEPARTMENT OF
PUBLIC SAFETY
INDEX
INTRODUCTION
Iowa regulates the acquisition of handguns and the carrying of weapons
through a weapons permit program. The statutory authority for
this program is established in Iowa
Code Chapter 724. The program is administered by the Iowa
Department of Public Safety in cooperation with the 99 county sheriffs
under 661
Iowa Administrative Code, Chapter 91 promulgated by the Department of Public Safety. Sales, acquisition,
and possession of handguns are also governed by applicable federal
laws.
Much of the most commonly
requested information regarding Iowa weapons laws and their administration
is addressed in the following material. Presentation of this information is a collaborative effort of the Iowa
State Sheriffs' and Deputies' Association and the Iowa Department of Public
Safety.
Obtaining Weapon
Permits
The Sheriff of your county of residence
is the only person who is authorized to issue permits unless you are a non-resident
of Iowa or require a permit
as a result of your employment by the State of Iowa, in which case the
Commissioner of the Iowa Department of Public Safety can issue permits
to carry.
Iowa Sheriffs and the Commissioner of the
Iowa Department of Public Safety may impose additional requirements for permits
to carry. These
permits are generally valid statewide unless restricted by the issuing
officer.
Types of Permits Available
Annual Permit to Acquire Pistols or Revolvers - A permit to
acquire authorizes the holder to acquire pistols or revolvers; however,
this does not authorize the holder to carry a weapon. An Iowa
permit to acquire pistols or revolvers shall be valid three days after
the date of application and is valid for one year after the date of
application (Iowa Code, section 724.20). It is valid throughout
the state.
Nonprofessional Permit to Carry Weapons - A
nonprofessional permit to carry authorizes the permit holder to carry weapons
within
the restrictions set by the issuing officer.
Professional Permit to Carry Weapons - A
professional permit to carry authorizes the permit holder to carry weapons
in connection with
their employment. A professional permit is only valid while going to and
from work and while actually engaged in the employment for which it was
issued.
A valid professional or nonprofessional
permit to carry weapons authorizes an Iowa resident to acquire firearms in
the same manner as a permit to
acquire.
INDEX
Carrying Weapons
Offensive weapons are illegal in Iowa and cannot be owned or
carried by the general population. To carry a dangerous weapon concealed
on or about your person, a valid permit to carry weapons is required.
- Offensive weapons -
machine guns, short barreled rifles (less than 16" in length) and shotguns (barrels less than 18" in length
or overall length less than 26"), other weapons which fire a projectile
and have a barrel 6/10th of an inch or greater in diameter, bombs,
grenades, firearm silencers, mines, poison gas, rockets with more
than four ounces of propellant, ballistic knives, exploding shells
and similar items.
- Dangerous weapons - devices designed primarily for use in inflicting
death or injury including, but not limited to, offensive weapons, pistols,
revolvers, other firearms, daggers, razors, stilettos, switchblade knives,
or any knife with a blade exceeding five inches.
Legally Transporting Handguns,
Rifles and Shotguns in Motor Vehicles Without a Permit to Carry
An unloaded handgun may be transported in
a closed and fastened container or securely wrapped package which is too
large to be concealed on a person,
or inside a cargo or luggage compartment where the handgun is not readily
accessible to any person in the vehicle.
An unloaded rifle or shotgun may be transported
if it is taken down
or totally contained in a securely fastened case.
INDEX
Carrying Weapons in Motor Homes
When a motor home is being used as a means
of transportation, a permit to carry is not needed if the weapon is unloaded
and in a container or
package too large to be concealed on a person or inside a cargo or luggage
compartment where the handgun is not readily accessible to any person in
the vehicle.
When a motor home is used as a residence
or place of business, no permit
is required. Carrying
Weapons -Residences,
Business Owners and Land Owners
The law restricting the carrying of weapons does not apply to persons
who are in their own dwelling or place of business, or to persons on land
owned or possessed by them. Dwelling includes homes, rented apartments,
and hotel/motel rooms. Dwelling does not include hallways, lobbies
and other common areas outside apartments or hotel/motel rooms.
INDEX
Carrying
Weapons -Target
Practice and Hunting
A person does not need a permit to carry
while lawfully engaged in target practice on a range designed for that purpose
or while actually engaged
in lawful hunting.
Black Powder Firearms
Black powder firearms (rifles, shotguns and handguns) are defined as
dangerous weapons in the Iowa Code, section 702.7. Therefore,
they are considered the same as modern weapons for the purpose of permits
to carry. Under federal law and state law, black powder firearms are classified
as antiques. Neither permits to acquire nor federal instant checks are
required.
Black powder firearms cannot be in the possession
of convicted felons.
Stun Guns
Stun guns fall under the definition of a dangerous weapon (Iowa Code,
section 702.7). Therefore, the permit to carry rules apply. Permits to acquire
are not required, as they are not classified as firearms.
INDEX
Paint Guns, Air Rifles, BB Guns, Long Bows and
Crossbows
The purchase or acquisition of paint guns,
air rifles, BB guns, long bows and crossbows is not regulated by federal
or state law.
Ammunition Restrictions
Iowa law prohibits the possession of:
- exploding bullets (classified as offensive weapons in 724.1 and prohibited
in 724.3)
- fireball type ammunition, also known as dragon's breath (classified as
offensive weapons in 724.1 and prohibited in 724.3)
Weapon Free Zone
Weapon free zone means
the area in or on, or within one thousand feet of, the real property comprising
a public or private elementary or
secondary school, or in or on the real property comprising a public park.
A weapons free zone shall not include that portion of a public park designated
as a hunting area under section 461A.42. A person who commits a public
offense involving a firearm or offensive weapon in a weapon free zone shall
be fined twice the normal maximum amount.
INDEX
Carrying Weapons on School
Grounds
A person who goes armed with, carries, or
transports a firearm of any kind, whether concealed or not, on the grounds
of a public or nonpublic
school commits a class "D" felony. This does not apply to a person who
has been specifically authorized under the Iowa Code or by the
school to go armed, carry, or transport a firearm on the school grounds,
including for the purpose of conducting an instructional program regarding
weapons.
Non-Citizen of the United
States
A legal resident alien who has been a resident
of Iowa continuously for at least 90 days is considered to be a resident
of the state for the
purposes of acquiring or carrying weapons. After the 90-day waiting period,
a resident alien has the same rights and privileges of a US citizen.
Non-residents
Non-residents are not eligible for permits to acquire but may
make application to the Commissioner of the Iowa Department of Public Safety
for permits to carry.
Iowa law does not allow the recognition
of permits to carry issued in other states and does not allow entering into
reciprocity agreements
with other states.
INDEX
Juveniles and Firearms
A loaded firearm must be secured
if it is known or there is reason to believe that a minor under the age of
14 years is likely to gain access
to the firearm. A loaded firearm can be secured by a trigger lock mechanism,
by
placing it in a securely locked box or container, or by placing it in some
other location which a reasonable person would believe to be secure from
a minor.
A person under the age of 18 may possess
a rifle or shotgun or its ammunition for lawful use when allowed to do so
by the person's parent, guardian,
spouse who is 18 or older, or another with the express consent of the minor's
parent, guardian or spouse who is 18 or older.
A person must be at least 18 years old to
acquire a rifle or shotgun or its ammunition. A person must be at least 21
years old to acquire a
handgun or its ammunition. Caliber .22 rimfire ammunition is considered
as rifle ammunition.
A person between the ages of 14 and 21 may
be allowed to possess a pistol or revolver or its ammunition while under
the direct supervision of the
person's parent, guardian or spouse who is 21 or older, or while receiving
instruction in the proper use of a handgun from an instructor who is 21
or older.
A person who is 18, 19 or 20 years old may
possess a handgun or its ammunition while on military duty or while serving
as a peace officer,
security guard (permit to carry required), or correctional officer, when
such duties require the possession of such a weapon or during instruction
in its proper use from an instructor who is 21 or older.
A person must be at least 18 years old to
apply for a permit to carry. However, a permit to carry that is valid for
handguns cannot be issued
to a person who is 18, 19 or 20 years old unless that person will be performing
the duties of a peace officer, security guard or correctional officer,
or while on military duty, or while under the direct supervision of a parent,
guardian, or spouse who is 21 years old or older, or while receiving instruction
from an instructor who is at least 21 years old with the consent of such
parent, guardian or spouse.
INDEX
Acquiring and
Possessing Firearms in Iowa
The acquisition and possession of firearms
in Iowa are regulated by both federal and state law. All requirements must
be met.
Federal Regulations -
You may not acquire or possess a firearm
if you:
- Are under indictment or have been convicted of a felony
- Are a fugitive from justice
- Are an unlawful user of or are addicted to any controlled substance
- Have been adjudicated as a mental defective or have been committed to a
mental institution
- Are an illegal alien
- Have been discharged from the Armed Forces under dishonorable conditions
- Have renounced your US citizenship
- Are subject to a court order that restrains you from harassing, stalking
or threatening your intimate partner, your child, or the child of your
intimate partner
- Have been convicted in any court of a misdemeanor crime of domestic violence
or any misdemeanor crime resulting from domestic violence
Iowa Regulations - Iowa law contains additional minimum requirements
for permits to carry and permits to acquire. You do not qualify if you:
- Are under the age of 18 for permit to carry or under the age of 21 for
permit to acquire (see Juveniles and Firearms for further)
- Are addicted to the use of alcohol or any controlled substance
- Have a history of repeated acts of violence
- Constitute a danger to any person as determined by the issuing officer
(permit to carry)
- Have ever been convicted of any of the following in chapter 708 of the
Iowa Code
- domestic abuse
- hate crime
- assault on a peace officer, fire fighter or health care provider
- setting a spring gun or trap
- hazing
- stalking
Iowa Sheriffs and the Commissioner of the Iowa Department of Public Safety
may impose additional requirements for permits to carry.
INDEX
Buying or Acquiring Firearms
The Gun Control Act of 1968 and the Brady Handgun Control Act require
that persons must meet certain requirements before taking possession of
firearms from federally licensed firearms dealers. These are listed in
the section entitled Acquiring and Possessing Firearms in Iowa.
A background check through the National Instant Check System (NICS) is
required to ensure that these qualifications are met.
Rifles and Shotguns
If a federally licensed dealer runs a NICS check prior to the sale of
a rifle or shotgun and the person is disqualified, the dealer will be told
to deny the sale but will not be told the reason. If the person believes
the denial to be in error and wants to appeal, this can be done on forms
available through the dealer.
Under federal law, if a person has a valid
Iowa permit to acquire or permit to carry, a federally licensed dealer may
transfer a firearm to
the permit holder without running a NICS check.
Handguns
Iowa law also requires a person to have
a valid Iowa permit to acquire or permit to carry before acquiring a handgun.
This applies to both dealer
sales and private transactions. A handgun may generally be transferred
from one family member to another without a permit as long as the person
receiving the handgun meets the state and federal requirements for possession.
Ammunition
A person must be at least 18 years old to
acquire ammunition for a rifle or shotgun, and must be at least 21 years
old to acquire ammunition for
a handgun. Caliber .22 rimfire ammunition is considered as rifle ammunition.
INDEX
For
more information contact your County Sheriff or the Iowa Department
of Public Safety by e-mail: wpinfo@dps.state.ia.us or by telephone: 515-725-6230.
Iowa Department of Public Safety
Department of Public Safety Building
215 East 7th Street, 4th Floor
Des
Moines, Iowa 50319-0045
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