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Iowa State Law Summary

Last updated October 9, 2006.
 

In 2004, 195 people died from firearm-related injuries in Iowa. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2004, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

The Constitution of the State of Iowa contains no provision regarding the keeping or bearing of arms.

Iowa has enacted a broad preemption statute. Iowa Code § 724.28 prohibits political subdivisions (including cities, counties and townships) from regulating the ownership, possession, legal transfer, lawful transportation, registration, or licensing of firearms when otherwise lawful under state law. The statute also declares void any ordinance existing on or after April 5, 1990 regulating firearms in violation of the statute.

While there are no cases examining the scope of section 724.28, the Iowa Attorney General has opined that section 724.28 does not restrain local governments from exercising home rule power to restrict the possession of firearms in buildings owned or directly controlled by the local government. Op. Att’y Gen. No. 03-4-1 (2003), 2003 Iowa AG LEXIS 6.

The Attorney General’s opinion was issued in response to a state legislator’s question regarding the validity of a West Burlington, Iowa ordinance restricting possession of firearms by non-law enforcement or military personnel within municipal buildings. After engaging in a review of Iowa law regarding the home rule of municipalities, the Attorney General stated that section 724.28 does not preempt municipalities or counties from "enacting and enforcing limitations upon the possession of weapons which are narrowly limited to buildings owned or directly controlled by the political subdivision." Op. Att’y Gen. No. 03-4-1 (2003), 2003 Iowa AG LEXIS 6, at *2.

Because section 724.28 does not limit the ability of a property owner to manage property owned or directly controlled by her or him, and Iowa law does not preclude a private business owner from prohibiting persons from bringing concealed weapons onto the owner’s business premises, the Attorney General found that section 724.28 must be interpreted consistently to permit a municipality to prohibit persons from bringing concealed weapons onto premises owned or directly controlled by the municipality. Op. Att’y Gen. No. 03-4-1 (2003), 2003 Iowa AG LEXIS 6, at *18. Thus, the city could enforce its ordinance against concealed weapons permit holders as well under section 724.4.

The Attorney General cautioned, however, that the authority of a municipality to regulate weapons is narrowly limited to property owned or directly controlled by the municipality. Op. Att’y Gen. No. 03-4-1 (2003), 2003 Iowa AG LEXIS 6, at *18-*19. In addition, the Attorney General warned that Iowa courts would likely find a local ordinance imposing a jurisdiction-wide restriction upon the possession or transportation of a weapon preempted by section 724.28. Id.

Finally, the Attorney General noted that section 724.28 does not affect the authority of Iowa’s judicial branch to install metal detectors or other devices and restrict the possession of weapons in county court houses under the judiciary’s inherent power to ensure that state courts function safely and efficiently, nor does section 724.28 address the authority of state government to prohibit the possession of weapons in state-owned or controlled buildings. Op. Att’y Gen. No. 03-4-1 (2003), 2003 Iowa AG LEXIS 6, at *7, n2.

Please see the Preemption section of the Master List of Firearms Policies for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

 

Assault Weapons

Iowa does not regulate assault weapons.  However, under Iowa Code § 724.29, "[a] person who sells or offers for sale a manual or power-driven trigger activating device constructed and designed so that when attached to a firearm increases the rate of fire of the firearm is guilty of an aggravated misdemeanor."

Background Checks (Brady Law)

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm.  This background check requirement and the National Instant Criminal Background Check System ("NICS") were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq.  Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as "mental defectives" or those committed to mental institutions), and leaves to the states the power to determine additional classes.  (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a "state point of contact" and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

The sheriffs of each Iowa County and the Iowa Department of Public Safety ("IDPS") serve as partial state points of contact for background checks on prospective handgun purchasers, with sheriffs conducting checks on applicants for permits to acquire or carry handguns, and the IDPS conducting handgun-related checks for state employees and non-residents.  Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2004 (August 2005). Background checks for long gun purchasers are conducted by the FBI using the NICS database. Id.

Iowa has incorporated the federal prohibition against possession of a firearm by a convicted felon as a state offense, and prohibits the possession of a firearm by anyone who is adjudicated delinquent on the basis of conduct that would constitute a felony if committed by an adult.  Iowa Code § 724.26.

Any person seeking to acquire ownership of a handgun must possess a valid permit to acquire handguns.  Section 724.15.  A permit shall be issued to any person who:

  • Is 21 years of age or older;

  • Has never been convicted of a felony;

  • Is not addicted to the use of alcohol or a controlled substance;

  • Has no history of repeated acts of violence;

  • Has never been convicted of a crime (per Chapter 708; except "assault" (per § 708.1) and "harassment" (per § 708.7)); and

  • Has never been adjudged mentally incompetent.

Section 724.15(1).

Application requirements for an annual permit to acquire handguns are detailed in sections 724.17, 724.18, and 724.19.  If the issuing officer determines that the applicant has become disqualified under the provisions of section 724.15(1), he or she may immediately invalidate the permit.  Section 724.15(3).

The annual permit to acquire handguns requirement does not apply to, among other persons, anyone possessing a permit to carry weapons under section 724.11Section 724.15(2).  Iowa law governing the process to obtain permits to carry weapons also prohibits specified classes from obtaining such permits.  Sections 724.6 and 724.7.  See the Iowa Carrying Firearms section.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Holders of both permits to acquire a handgun and permits to carry concealed weapons in Iowa are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the Iowa Carrying Firearms section.

Both the private seller (person not licensed under federal law) and the recipient involved in a sales transaction or other transfer of a handgun must possess a valid annual permit to acquire handguns, subjecting both parties to background checks.  Long-gun transfers by private sellers are not subject to background checks in Iowa, although federal and state purchaser prohibitions still apply.  See the Iowa Private/Secondary Sales section.

Ballistic Fingerprinting

No relevant statutes currently exist.

Carrying Firearms

Open Carrying/Exposed Firearms

Any person who is armed with a handgun, or any loaded firearm, whether concealed or not, within the limits of any city is criminally liable for an aggravated misdemeanor. Iowa Code § 724.4(1). This prohibition does not apply to the possession of a firearm in a dwelling or place of business, or on land owned or possessed by the person. Section 724.4(4)(a). This prohibition also does not apply if the handgun is carried unloaded inside a closed and fastened container or other secure package that is too large to be concealed on the person. Section 724.4(4)(e).

A person will not be in violation of the firearm possession restrictions of section 724.4 if he or she possesses a valid permit to carry firearms and provides the permit to a peace officer on demand. Section 724.4(4)(i).

Transportation of Firearms

Iowa prohibits any person from knowingly carrying or transporting a handgun in a vehicle. Section 724.4(1). This does not apply if the person transports an unloaded handgun inside a closed and fastened container or other secure package that cannot be concealed on the person, or in a cargo or luggage compartment where the handgun cannot be readily accessible to any person in the vehicle. Section 724.4(4)(f).

Concealed Weapons Licensing Requirements

Iowa is a "may issue" state, meaning that a county sheriff has discretion in determining whether or not to issue a concealed weapons permit to an applicant.

Under Section 724.7, any person who "can reasonably justify going armed" may be issued a non-professional permit to carry weapons.  Non-professional permits identify the holder, and state the reason(s) for the issuance of the permit and the limits of the authority granted by such permit.  Id.  Professional permits are issued for persons employed in the following professions, if the person’s position in that profession reasonably justifies that person going armed: 1) private investigation business or private security business licensed under Chapter 80A; 2) peace officer; 3) correctional officer; 4) security guard; 5) bank messenger; 6) person transporting property of a value requiring security; or 7) police work.  Section 724.6.

No person will be issued a professional or non-professional permit to carry weapons unless the person:

  • Is 18 years of age or older;

  • Has never been convicted of a felony;

  • Is not addicted to the use of alcohol or any controlled substance;

  • Has no history of repeated acts of violence; and

  • Has never been convicted of any crime defined in Chapter 708, except "assault" (per § 708.1) and "harassment" (per § 708.7).

Section 724.8.

As a final requirement, no person will be issued either type of permit to carry weapons unless the issuing officer reasonably determines that the applicant does not constitute a danger to any person.  Id.

Completion of a firearm training program is a prerequisite to obtaining either a professional or non-professional permit to carry weapons. Sections 724.9, 724.11; Iowa Admin. Code r. 661-4.3.

Application requirements and the background check process are detailed in Iowa Code §§ 724.10 and 724.11. Permit revocation provisions are outlined in section 724.13. Additional information on the applicant procedures for a permit is described under Iowa Admin. Code r. 661-4.4.

For additional requirements specific to obtaining a professional permit to carry weapons, see Iowa Code § 724.6.

          Disclosure or Use of Information

The state commissioner of public safety shall maintain a permanent record of all valid permits to carry weapons and of current permit revocations.  Section 724.23.

          Duration & Renewal

Under section 724.7, a non-professional permit shall be valid for a "definite period" as established by the issuing officer, not to exceed a period of 12 months.

The training program requirements of section 724.9 may be waived by the licensing authority for permit renewals.  Section 724.11.

Permit fees are $10 for an initial permit, $5 for permit renewals. Id.

          Location Limits

Subject to certain limited exceptions, section 724.4B provides that "[a] person who goes armed with, carries, or transports a firearm of any kind, whether concealed or not, on the grounds of a school commits a class ‘D’ felony."  "School" means a public or non-public school, as defined in Section 280.2.

          Reciprocity

Iowa does not recognize concealed weapons permits from other states.  Non-residents of Iowa must apply to the state commissioner of public safety for permits to carry weapons while in Iowa.  Section 724.11.  The issuance of the permit shall be by and at the discretion of the county sheriff or the commissioner, who shall, before issuing the permit, determine that the applicant has met the requirements of sections 724.6 to 724.10Section 724.11.

          Brady Exemption

Concealed weapons permit holders in Iowa are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the Iowa Background Checks section.

Child Access Prevention

Iowa prohibits any person from storing or leaving a loaded firearm that is "not secured by a trigger lock mechanism, placed in a securely locked box or container, or placed in some other location which a reasonable person would believe to be secure from a minor under the age of fourteen years, if such person knows or has reason to believe that a minor under the age of fourteen years is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor."  Iowa Code § 724.22(7).  If the minor lawfully gains access to the firearm without the consent of his or her parent, guardian, or person having charge of the minor, and the minor exhibits the firearm in a public place in an unlawful manner, or uses the firearm unlawfully to cause injury or death to a person, the parent, guardian, or person having charge of the minor is criminally liable for a serious misdemeanor.  Id.

If the minor obtains the firearm as a result of an unlawful entry by any person, the prohibition in section 724.22(7) does not apply.  Id.

Any person who sells, loans, gives, or makes available a rifle or shotgun or ammunition for a rifle or shotgun to a minor is criminally liable for a serious misdemeanor for a first offense and a class "D" felony for second and subsequent offenses. Section 724.22(1). However, a parent, guardian, spouse age 18 or older, or another with the express consent of the minor’s parent or guardian or spouse who is at least age 18 may allow a minor to possess a rifle or shotgun or the ammunition for those firearms for lawful use. Section 724.22(3).

Any person who sells, loans, gives or makes available a handgun or ammunition for a handgun to a person under age 21 is criminally liable for a serious misdemeanor for a first offense and a class "D" felony for second and subsequent offenses. Section 724.22(2). This prohibition does not apply to:

  • A person age 18, 19 or 20 while on military duty or while a peace officer, security guard or correctional officer, when such duty requires the possession of such a weapon or while the person receives instruction in the proper use of such firearms from an instructor age 21 or older; or

  • A parent, guardian or spouse age 21 or older, of a person age 14 but less than age 21, who may allow the child to possess a handgun or ammunition for a handgun for any lawful purpose while under the direct supervision of the parent, guardian or spouse, or while the person receives instruction in the proper use of such firearms from an instructor age 21 or older, with the consent of the parent, guardian or spouse.

Section 724.22(4), (5).

Dealer Regulations / Permitting

Iowa does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Iowa Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Iowa Background Checks section.

Federally Licensed Firearms Dealers

There are 1,232 federally licensed firearms dealers and pawnbrokers in Iowa. Federal firearms licensee totals for Iowa as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

Gun Shows

Iowa law does not specifically regulate gun shows. However, anyone seeking to purchase a handgun at a gun show or any other location must possess an annual permit to acquire these firearms. See Iowa Code § 724.15. Iowa prohibits any person from acquiring a handgun without possessing a valid annual permit to acquire a handgun, and from transferring ownership of a handgun to a person who does not possess a valid annual permit to acquire a handgun. Section 724.16.

Immunity Statute

No relevant statutes currently exist.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

Junk Guns / Saturday Night Specials

Iowa does not specifically regulate junk guns or unsafe firearms. However, according to research conducted by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence), Iowa’s Attorney General may have the authority to regulate junk guns, as well as promulgate other firearms safety standards, under the state’s consumer protection statute, Iowa Code § 714.16.  For details, view the Center’s report, "Targeting Safety."

Large Capacity Ammunition Magazines

Iowa does not regulate large capacity ammunition magazines.  See the Iowa Assault Weapons section for related information on firearm devices.

Licensing of Gun Purchasers / Owners

Any person seeking to acquire ownership of a handgun in Iowa must possess a valid annual permit to acquire a handgun.  Iowa Code § 724.15.  The permit to acquire a handgun qualifies as exempt from the requirements of the Brady Act. Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Consult the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart outlining those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the Iowa Background Checks section.

Locking Devices

Iowa prohibits any person from storing or leaving a loaded firearm that is "not secured by a trigger lock mechanism, placed in a securely locked box or container, or placed in some other location which a reasonable person would believe to be secure from a minor under the age of fourteen years, if such person knows or has reason to believe that a minor under the age of fourteen years is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor."  Iowa Code § 724.22(7). See the Iowa Child Access Prevention section for further information.

Minimum Age to Purchase / Possess

Generally, a person must be 18 years of age to possess a rifle or shotgun or ammunition for those firearms, and age 21 to possess a handgun and handgun ammunition. Iowa Code § 724.22. However, a parent, guardian, spouse age 18 or older, or another with the express consent of the minor’s parent or guardian or spouse who is at least age 18 may allow a minor to possess a rifle or shotgun and ammunition for lawful use.  Section 724.22(1), (3).

Persons age 18, 19 or 20 may lawfully possess handguns while on military duty or while a peace officer, security guard or correctional officer, when such duty requires the possession of such a weapon or while the person receives instruction in the proper use of such firearms from an instructor age 21 or older.  Section 724.22(4).  Further, a parent or guardian or spouse who is age 21 or older, of a person age 14 but less than age 21, may allow the minor to possess a handgun or handgun ammunition for any lawful purpose while under the direct supervision of the parent, guardian or spouse, or while the person receives instruction in the proper use of such firearms from an instructor age 21 or older, with the consent of the parent, guardian or spouse.  Section 724.22(5).

Federal law prohibits the purchase of a handgun or handgun ammunition by anyone under age 21 from a federally licensed firearms dealer, per 18 U.S.C. § 922(b)(1), (c)(1). There are no state statutes stating age restrictions for the purchase of handguns or long-guns.

One-Gun-Per-Month

No relevant statutes currently exist.

Personalized / Smart Guns

No relevant statutes currently exist.

Secondary / Private Sales

Subject to limited exceptions, any person seeking to purchase a handgun must possess an annual permit to acquire a handgun. Iowa Code § 724.15. Any person acquiring a handgun without possessing a valid annual permit is criminally liable for an aggravated misdemeanor. Section 724.16(1). Iowa prohibits any person from transferring a handgun to a person who does not possess a valid annual permit to acquire a handgun, and from transferring a handgun to a person the transferor knows is prohibited by section 724.15 from acquiring ownership of a handgun. Section 724.16. Iowa law does not regulate private long gun sales.

A person who knowingly transfers or acquires possession, or who facilitates the transfer, of a stolen firearm, is criminally liable for a class "D" felony for a first offense, and a class "C" felony for subsequent offenses or if the weapon is used in the commission of a public offense.  Section 724.16A.  This prohibition does not apply to a person purchasing stolen firearms through a buy-back program sponsored by a law enforcement agency if the firearms are returned to their rightful owners or destroyed. Id.

Generally, Iowa prohibits any person from selling, loaning, giving or making available a rifle or shotgun or ammunition for a rifle or shotgun to a minor, which violation constitutes a serious misdemeanor for a first offense and a class "D" felony for second and subsequent offenses.  Section 724.22(1).  Moreover, Iowa prohibits any person from selling, loaning, giving or making available a handgun or handgun ammunition to a person under age 21, a violation constituting a serious misdemeanor for a first offense and a class "D" felony for second and subsequent offenses.  Section 724.22(2).

Registration of Guns

No relevant statutes currently exist.

Waiting Period

No relevant statutes currently exist.

  Bureau of Alcohol, Tobacco, Firearms and Explosives, Kansas City Field Division (IA, KS, MO, NE)

Iowa Attorney General

  Iowans for the Prevention of Gun Violence

 
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