Tag: Firearms

Posted on February 7, 2024February 16, 2024
Robert Rehkemper
GRL Law

Are Iowa’s Current Gun Laws Constitutional?

Iowa law set out in Iowa Code section 724.8B makes it a separate and distinct criminal offense to possess a firearm while committing an “indictable offense.” An “indictable offense” in Iowa includes all offenses that are categorized as serious misdemeanors, aggravated misdemeanors or felonies. They include offenses such as theft, driving while suspended, possession of marijuana, operating while intoxicated and other misdemeanors which are completely unconnected to violence or use of a firearm. Charges under section 724.8B are being filed by law enforcement regardless of whether the individual has a valid permit to carry a concealed weapon or is carrying […]

Posted on October 14, 2022October 19, 2022
Colin Murphy
GRL Law, Recent Results

GRL Secures Return of $35K in Cash Seized During Raid

The forfeiture attorneys at GRL Law routinely call for immediate action by citizens when police seize personal property like cash and firearms without a warrant. If you don’t act promptly, you risk losing out on any claim for the return of your property. That’s right. The police might keep your cash! We had the opportunity recently to challenge the seizure of more than $35,000 in cash seized during a search warrant raid. The warrant didn’t specify cash, but the police seized it anyway. GRL Law went to work. We argued that the money was not evidence of a crime or […]

Firearm Prohibition is a Collateral Consequence of Using Marijuana

One of the collateral consequences to a drug conviction is the prohibition against possessing a firearm or ammunition. Even if the charge does not involve a firearm. Did you know that Iowa law tracks federal law when it comes to marijuana and firearms? A drug conviction within the past 365 days will trigger the prohibition. So will a self-admission of use or possession in an officer’s narrative report. Or multiple arrests within 5 years establishing a pattern of use. This can include drug related DUIs or paraphernalia charges with positive residue tests. Same for use of marijuana under a state-approved […]

Think Twice Before Adding a Fore Grip to a Handgun

If you are considering adding a vertical fore grip to a handgun, then you should consult GRL Law first. A “handgun” under federal law is designed to be held and fired with one hand. If you add a fore grip to it, then it is no longer designed to be held and fired by using one hand. It would now be classified as “any other weapon” (AOW) under the National Firearms Act. That weapon must be registered with the ATF. Making an unregistered AOW is punishable by a fine and 10 years’ imprisonment. So is possession of unregistered AOW. You […]

Three Things to Do After a Self-Defense Incident

If you are involved in a self-defense shooting, then you should do the following (courtesy of the USCCA): Call 911. Tell the operator you were attacked, feared for your life and had to defend yourself. Then request both police and an ambulance respond to your location. If you are a member of the USCCA, then call the Critical Response Team at 1-877-677-1919. The CRT will put you in touch with a pro-2A attorney. GRL Law’s own Colin Murphy is a qualified member of the Iowa CRT Attorney Network. When the police arrive, comply with all instructions. Request medical attention, if […]

Proposed Iowa Constitutional Amendment to Keep and Bear Arms

Did you know that Iowa is one of only six states that does not guarantee a constitutional right to firearms? That is about to change. A legislatively referred constitutional amendment on the ballot next year will add Section 1A to Article 1 of the state’s Constitution: The right of the people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny. Iowa has a long history of recognizing certain inalienable rights in […]

Murphy Selected to USCCA Critical Response Team in Iowa

The United States Concealed Carry Association (USCCA) recently named GRL Law’s Colin Murphy to its Critical Response Team for the State of Iowa. The USCCA is the nation’s premier organization for firearm education and training. One of the most valuable benefits of membership is self-defense liability insurance for law abiding gun owners who are involved in self-defense shootings. The automatic insurance benefit provides funds for defense expenses, bail bonds, claims expenses and other damages. The Critical Response Team exists to help USCCA members navigate the confusing aftermath of a self-defense incident. It is an exclusive community of qualified pro-2A attorneys […]

Can You Carry a Firearm in Iowa? You might be suprised.

While recent changes to Iowa’s gun laws have been trumpeted and described at times as Constitutional Carry, this is simply not the case. A closer look into the newly enacted legislation exposes a number of new traps that could catch the unaware citizen. Under Iowa’s new gun laws, a person is prohibited from CARRYING (having a weapon on or about the individual’s person or within immediate reach in a vehicle) a dangerous weapon (which include firearms) under the following circumstances: While possessing a controlled substance. While committing another serious misdemeanor offense, or a greater offense. If addicted to the use […]

Property Seized for Forfeiture? Take Action Immediately

Police and prosecutors use forfeiture laws to take ownership of property that is allegedly related to criminal activity. The police needn’t even arrest the owner to take advantage of Iowa’s civil forfeiture laws. More often than not, criminal charges are never filed by police. They simply seize property (mainly cash) during any traffic stop, make a colorable claim of criminal conduct and see if the owner challenges the legal process. When the owner instead abandons the property, the police and prosecutors keep the proceeds. It can amount to millions each year. A great way to address budget shortfalls, right? […]

Iowa’s New Gun Laws

WARNING – These new laws do NOT go into effect until July 1, 2021. Effective July 1, 2021, Iowa’s gun laws will change significantly following Governor Reynold’s approving House File 756, an Act Relating to the Acquisition and Possession of Weapons and Providing Penalties. How these new changes will interact with federal requirements is yet to be determined. A more in-depth and comprehensive discussion of each change will be the subject of additional blogs but here is a general overview of the top 6 changes that the new law will make to Iowa’s firearm rights. Removal of the Requirement of […]