Tag: Iowa Gun Laws

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 […]

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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 […]

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Iowa Permits to Carry Do Not Expire During COVID-19 Proclamation of Disaster Emergency

On July 24, 2020 Governor Reynolds continued the Proclamation of Disaster Emergency for the State of Iowa that extends until August 23, 2020 at 11:59 p.m. Specifically, the Proclamation temporarily suspends the regulatory provisions of Iowa Code sections 724.6, 724.7 and 724.20 regarding professional and nonprofessional permits to carry firearms. This means that if you hold a resident permit that would have expired after March 17, 2020, then that permit is still valid for as long as the Governor continues the disaster emergency. Some county sheriffs will allow you to renew either in person or by mail, but for the […]

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Stop of Out-of-State Driver’s Vehicle Invalid, Seized Firearm Returned to Client

Dallas County, Iowa- Grant Gangestad’s client was stopped on the side of the road to take a phone call and assess a check engine light.  The officer ran the driver’s information, which returned no warrants or red flags.  The officer returned to the vehicle, claiming that the driver appeared “nervous.”  He asked if there was anything in the vehicle and the client stated that he had a firearm in a backpack the vehicle which he keeps for protection.  He did not have a valid permit to carry in Iowa. The officer then confiscated the firearm and charged the client with […]

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