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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.

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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. |
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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."

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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 724.11.
Section 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.

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No
relevant statutes currently exist.

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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 724.10. Section 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.

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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).

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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.

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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.

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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.

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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."

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

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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.

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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.

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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.

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No
relevant statutes currently exist.

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No
relevant statutes currently exist.

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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).

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No relevant statutes currently exist.

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No relevant statutes currently exist.

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