Carrying Weapons – Possession is NOT Always Nine-Tenth’s of the Law
You may have heard the hold adage that “possession is nine-tenth’s of the law.” Although that proposition may have some merit when attempting to ferret out property disputes, the Iowa Supreme Court recently did not find it persuasive as it relates to committing the crime of carrying a dangerous weapon while intoxicated. In State v. Montreal Shorter, the Iowa Supreme Court ruled that “possession” of a firearm while intoxicated does not necessarily constitute the criminal offense of “carrying” a firearm while intoxicated. Iowa Code Section 724.4C prohibits a person from “carrying” a weapon either (1) on or about the person […]
