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aadvark
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Posted: Fri Aug 28th, 2009 08:26 pm |
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In Iowa, you may openly carry any Firearm, including Pistols, provided you are in a rural area of the State that is not part of any City, per 724.4.
However, once you conceal a Firearm or Weapon or place one in your Vehicle you must have a Permit. Also, in order to carry a Pistol in a City, you need a Permit.
The best website that goes further into this is http://www.iowacarry.com.
Do not carry any Firearm or Weapon to or while at, in, on, or within a 1000 feet from any School or any Park... these offenses are enhanced Felonies per 724.4A.
However, the good news is that essentially everywhere else in Iowa is legal.
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IA_farmboy
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| Location: | Iowa USA |
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Posted: Sun Aug 30th, 2009 10:59 pm |
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The website to Iowa Carry is http://www.iowacarry.ORG
Yes, open carry is legal in rural Iowa. It is also legal on private property in city limits with the property owner's permission. Even concealed carry is permitted on private property with permission.
The concealed carry restriction in a vehicle only applies if the weapon is accessible to the occupants. If cased and unloaded then there is no requirement for a permit. In my hunter education course the instructor pointed out that a firearm must be unloaded, and cased or disassembled, before being placed in or on a vehicle. He said a shotgun leaned up against a car, or a rifle placed on a truck tail gate, could get one in trouble if found loaded by a LEO.
I don't recommend testing the limits of the school grounds prohibitions but I have heard that the "gun free zone" that surrounds a school does not include private property or public through ways. The road and sidewalk in front of the school is not included in that "gun free zone" since other laws on private property rights and on unrestricted travel overrule that law. There was a case of a TV reporter being found carrying a concealed weapon on the sidewalk in front of a school. That charge of being armed while in a school zone was thrown out because he had not left the road right of way. Rulings like this one has left the 1000 foot "gun free zone" surrounding a school essentially meaningless.
I am not a lawyer and my advice is worth exactly what you paid for it.
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ProtectedBy9mm
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Posted: Mon Aug 31st, 2009 07:38 pm |
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Does a hotel count as a residence? If I rent the hotel room, am i then able to OC/ CC there?
Thanks
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Mike
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Posted: Mon Aug 31st, 2009 08:45 pm |
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aadvark wrote: Do not carry any Firearm or Weapon to or while at, in, on, or within a 1000 feet from any School or any Park... these offenses are enhanced Felonies per 724.4A.
huh? see http://www.legis.state.ia.us/IACODE/2003/724/4B.html (no 1,000 ft zone or park ban).
http://www.legis.state.ia.us/IACODE/2003/724/4A.html - requires weapons offense to trigger extra penaty in or near school and park
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IA_farmboy
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Posted: Mon Aug 31st, 2009 10:38 pm |
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ProtectedBy9mm wrote: Does a hotel count as a residence? If I rent the hotel room, am i then able to OC/ CC there?
Thanks
From http://www.legis.state.ia.us/IACODE/2003SUPPLEMENT/724/4.html
4. Subsections 1 through 3 do not apply to any of the following:
a. A person who goes armed with a dangerous weapon in the person's own dwelling or place of business, or on land owned or possessed by the person.
I assume that a hotel room would fall under "dwelling". Good question, I just don't have a definitive answer.
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yo101jimmy
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| Location: | Lehi, Utah USA |
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Posted: Tue Sep 1st, 2009 10:03 pm |
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ProtectedBy9mm wrote: Does a hotel count as a residence? If I rent the hotel room, am i then able to OC/ CC there?
Thanks
Dude most places are 30 days before you can call it a residence. so if you want to rent a room for 30 days then your answer is yes.
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yo101jimmy
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Posted: Tue Sep 1st, 2009 10:04 pm |
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OK I may need to put a new post in but I am asking for a friend of mine that just moved to the Daven port area what are the laws can anyone send me a link.
Thanks!
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Mike
Super Moderator
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Posted: Wed Sep 2nd, 2009 01:33 am |
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yo101jimmy wrote: ProtectedBy9mm wrote: Does a hotel count as a residence? If I rent the hotel room, am i then able to OC/ CC there?
Thanks
Dude most places are 30 days before you can call it a residence. so if you want to rent a room for 30 days then your answer is yes.
The word dwelling is pretty generic - should not require an length of stay.
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aadvark
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Posted: Wed Sep 2nd, 2009 03:31 pm |
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| Read 724.4A..., a thousand feet [from a School]...; however, if the thousand feet rule has been thrown out, then,... I will be happy to oblige! Last edited on Wed Sep 2nd, 2009 03:33 pm by aadvark
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Mike
Super Moderator
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Posted: Wed Sep 2nd, 2009 03:52 pm |
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aadvark wrote: Read 724.4A..., a thousand feet [from a School]...; however, if the thousand feet rule has been thrown out, then,... I will be happy to oblige!
Please read it carefully and slowly yourself - this section of law operates merely as a penalty enhancer - it does not create any new substanative offense - the relevant text is "Notwithstanding sections 902.9 and 903.1, a person who commits a public offense involving a firearm or offensive weapon, within a weapons free zone, in violation of this or any other chapter shall be subject to a fine of twice the maximum amount which may otherwise be imposed for the public offense."
Copying this IA statute is my suggestion for the other states with 1,000 ft. zone gun bans around schoos (CA, WI, and LA) - to amend their 1,000 foot bans into mere penalty enhancers.
Last edited on Thu Sep 3rd, 2009 07:32 pm by Mike
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jhntulsa
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Posted: Thu Sep 3rd, 2009 07:16 pm |
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Yes let us assume that a hotel room would fall under dwelling....
_________________
Tulsa oklahoma
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IA_farmboy
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Posted: Mon Sep 7th, 2009 09:00 am |
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jhntulsa wrote: Yes let us assume that a hotel room would fall under dwelling....
Assuming that a hotel room is a dwelling then all is good in being armed during your stay. If it is not then it looks like it would be a misdemeanor if caught. I'm having trouble navigating Iowa Code and so I'm not sure if it would be a "serious misdemeanor" or an "aggravated misdemeanor" if found armed in a place where it is prohibited.
Considering that a convicted felon had charges dropped for prohibited person in possession of a firearm when he used a handgun to successfully defend himself I don't think that it would be too difficult to defend yourself against a misdemeanor if you should have to use your firearm in a hotel room to defend yourself from injury or death.
Risking a misdemeanor versus being disarmed during your stay at a hotel is a personal decision. A lawyer should be able to clear this up.
Oh, another thing to consider. The hotel is private property, one could be charged with trespassing if found armed on the property without permission. The "dwelling" part of the law may override the "private property" part of the law, again something probably best for a lawyer to sort out.
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Flyer22
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Posted: Tue Sep 8th, 2009 05:49 am |
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IA_farmboy wrote:
Oh, another thing to consider. The hotel is private property, one could be charged with trespassing if found armed on the property without permission. The "dwelling" part of the law may override the "private property" part of the law, again something probably best for a lawyer to sort out.
But if you're staying at the motel, as opposed to visiting someone who's staying there, you have entered into a social contract with the proprietors. You give them money and they give you tenant rights to a portion of the grounds.
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diggy485
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Posted: Tue Oct 20th, 2009 10:27 pm |
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i live in wapello co, and i just got my ccw. the bad news is, it is absolutely useless. mine says "only valid WHILE hunting, trapping, or target practice. so i asked a deputy what exactly was i able to do with my ccw that a person without could not. needless to say he did not respond. all of the restrictions on my permit all take place on private property, thus i would not even need a permit. i then asked if i were going to go from one hunt sight to another could i put the firearms in the car to travel to the next sight, and he said no, they would have to be unloaded and stored properly within the law.. so i wonder what part of "shall not be infringed" am i missing here? sorry i started to rant, and i was going to respond about a different topic, but i got way off track. i guess i am just frustrated that out federal and state treat us good law abiding citizens like children..
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amaixner
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| Joined: | Wed Mar 26th, 2008 |
| Location: | Iowa |
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Posted: Wed Oct 21st, 2009 04:20 pm |
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| Are you actively supporting getting Iowa's laws fixed? There are organizations who are working on it and desperately need volunteers and help. iowacarry.org and iowagunowners.org
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Current time is 07:57 am | |
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