iowa law and "offensive weapons"

Status
Not open for further replies.

mrapathy2000

member
Joined
Aug 4, 2003
Messages
1,089
Location
FrozenOver,Iowa
been wanting to post this while decided to finally.

iowa is not a terrible state when it comes to firearms illinois is a constant reminder and other surrounding states that either dont have CCW privelage or restrict certain weapons because of theyre hyped up features ie Short barreled rifle, full automatic weapon rifle/pistol. though the situation is improving slowly Missouri got CCW and believe Minnesota got it few years ago unless I am mistaken(it happens,not perfect nor claim to be) except for illinois especially chicagoland. I like to be as law abiding as I can so periodically read various state and federal laws pertaining to firearms.
--------------------------------------------------
Iowa Constition:
http://www.legis.state.ia.us/Constitution.html
ARTICLE I.
BILL OF RIGHTS.
Laws uniform. SEC. 6. All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens.
----------------------------------------------------
I take this to mean no laws will be made giving anyone special privileges or immunities that will not belong to everyone. equal rights type law.

now for the firearm related part. "Offensive Weapons"
-------------------------------------------------------
http://www.state.ia.us/government/dps/iowacode/cd99724.htm
724.1 Offensive weapons.
An offensive weapon is any device or instrumentality of the following types:
1. A machine gun. A machine gun is a firearm which shoots or is designed to shoot more than one shot, without manual reloading, by a single function of the trigger.
2. A short-barreled rifle or short-barreled shotgun. A short-barreled rifle or short-barreled shotgun is a rifle with a barrel or barrels less than sixteen inches in length or a shotgun with a barrel or barrels less than eighteen inches in length, as measured from the face of the closed bolt or standing breech to the muzzle, or any rifle or shotgun with an overall length less than twenty-six inches.
3. Any weapon other than a shotgun or muzzle loading rifle, cannon, pistol, revolver or musket, which fires or can be made to fire a projectile by the explosion of a propellant charge, which has a barrel or tube with the bore of more than six-tenths of an inch in diameter, or the ammunition or projectile therefor, but not including antique weapons kept for display or lawful shooting.
4. A bomb, grenade, or mine, whether explosive, incendiary, or poison gas; any rocket having a propellant charge of more than four ounces; any missile having an explosive charge of more than one-quarter ounce; or any device similar to any of these.
5. A ballistic knife. A ballistic knife is a knife with a detachable blade which is propelled by a spring-operated mechanism, elastic material, or compressed gas.
6. Any part or combination of parts either designed or intended to be used to convert any device into an offensive weapon as described in subsections 1 to 5 of this section, or to assemble into such an offensive weapon, except magazines or other parts, ammunition, or ammunition components used in common with lawful sporting firearms or parts including but not limited to barrels suitable for refitting to sporting firearms.
7. Any bullet or projectile containing any explosive mixture or chemical compound capable of exploding or detonating prior to or upon impact, or any shotshell or cartridge containing exothermic pyrophoric misch metal as a projectile which is designed to throw or project a flame or fireball to simulate a flamethrower.
Notwithstanding section 724.2, no person is authorized to possess in this state a shotshell or cartridge intended to project a flame or fireball of the type described in this section.
8. Any mechanical device specifically constructed and designed so that when attached to a firearm silences, muffles or suppresses the sound when fired.
9. An offensive weapon or part or combination of parts therefore shall not include the following:
a. An antique firearm. An antique firearm is any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898 or any firearm which is a replica of such a firearm if such replica is not designed or redesigned for using conventional rimfire or centerfire ammunition or which uses only rimfire or centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
b. A collector's item. A collector's item is any firearm other than a machine gun that by reason of its date of manufacture, value, design, and other characteristics is not likely to be used as a weapon. The commissioner of public safety shall designate by rule firearms which the commissioner determines to be collector's items and shall revise or update the list of firearms at least annually.
c. Any device which is not designed or redesigned for use as a weapon; any device which is designed solely for use as a signaling, pyrotechnic, line-throwing, safety, or similar device; or any firearm which is unserviceable by reason of being unable to discharge a shot by means of an explosive and is incapable of being readily restored to a firing condition.
-------------------------------------------------------
now I dont care for explosive and some of the stuff but I think if they are going to outlaw and ban it, they should enforce that for everybody shouldnt they? so why do they do this?
-------------------------------------------------------
http://www.state.ia.us/government/dps/iowacode/cd99724.htm#724.2
724.2 Authority to possess offensive weapons.
Any of the following is authorized to possess an offensive weapon when the person's duties or lawful activities require or permit such possession:
1. Any peace officer.
2. Any member of the armed forces of the United States or of the national guard.
3. Any person in the service of the United States.
4. A correctional officer, serving in an institution under the authority of the Iowa department of corrections.
5. Any person who under the laws of this state and the United States, is lawfully engaged in the business of supplying those authorized to possess such devices.
6. Any person, firm or corporation who under the laws of this state and the United States is lawfully engaged in the improvement, invention or manufacture of firearms.
7. Any museum or similar place which possesses, solely as relics, offensive weapons which are rendered permanently unfit for use.
8. A resident of this state who possesses an offensive weapon which is a curio or relic firearm under the federal Firearms Act, 18 U.S.C. ch. 44, solely for use in the official functions of a historical reenactment organization of which the person is a member, if the offensive weapon has been permanently rendered unfit for the firing of live ammunition. The offensive weapon may, however, be adapted for the firing of blank ammunition.
9. A nonresident who possesses an offensive weapon which is a curio or relic firearm under the federal Firearms Act, 18 U.S.C. ch. 44, solely for use in official functions in this state of a historical reenactment organization of which the person is a member, if the offensive weapon is legally possessed by the person in the person's state of residence and the offensive weapon is at all times while in this state rendered incapable of firing live ammunition. A nonresident who possesses an offensive weapon under this subsection while in this state shall not have in the person's possession live ammunition. The offensive weapon may, however, be adapted for the firing of blank ammunition.
---------------------------------------
great so certain groups of people can own certain items no one else can. conflict of interest or am I not reading and interpreting things right. I dont want everything that is restricted it would be nice to get a machine gun or short barreled rifle/shotgun per the laws that exist federally. at moment iowa has a Democrat governor who probably would not be governor if it were not for a bad city hall meeting where a man got shot down and he took his place. anything put before the governor pro gun would most likely not get signed or would be stripped with governors line item veto power.

what do you think?
 
Last edited:
what do you think?
I think my head hurts and my eyes are crossed after trying to read all that legalese. :)

I think I see your point, and philosophically I agree with you. It's the old "What's sauce for the goose should be sauce for the gander" rule. However, in the possession laws you cited, I don't see special classes of "people" as being allowed to possess certain of these offensive weapons so much as certain classes (or types) of "officials" -- police, military, etc. About the only special class of ordinary people ("civilians" :) ) named are C&R holders. Stricyly speaking, they probably should not be allowed to be an exception. However, there havn't been many crimes committed with Civil War era cannons recently, so I guess it isn't a problem. But I wouldn't want to see that as a stepping stone to allowing gang bangers to own 105mm howitzers.

Overall, the stuff you cited seems relatively fair and balanced, even though it may be slightly incosistent with itself.
 
yeah legalese sucks but what can you do about it.

--------------
Webster's Revised Unabridged Dictionary (1913) [web1913]
Class \Class\, v. i.
To grouped or classed.

The genus or famiky under which it classes. --Tatham.

Class \Class\ (kl[.a]s), n. [F. classe, fr. L. classis class,
collection, fleet; akin to Gr. klh^sis a calling, kalei^n to
call, E. claim, haul.]
1. A group of individuals ranked together as possessing
common characteristics; as, the different classes of
society; the educated class; the lower classes.
--------------

However, in the possession laws you cited, I don't see special classes of "people" as being allowed to possess certain of these offensive weapons so much as certain classes (or types) of "officials" -- police, military, etc. About the only special class of ordinary people ("civilians" ) named are C&R holders.

it doesnt mention civilians in SEC. 6.laws uniform it says citizen. last I knew Leo's,national guard(organized militia) and other occupations they list those people are a group of citizens givin privileges the rest of the citizens do not enjoy.
so the group or class of citizens with the occupations listed in Iowa Code 724.2 Authority to possess offensive weapons. have immunities and privileges the others without the same occupation do not have.

the wording and definitions though are real pita when it comes to this stuff. I dont care for legalese myself but I go on and so does it.

If this was easy topic I wouldnt of started it in first place and I have had this typed up couple times before and ditched it. I hope I can get a few more to comment on it with what they interpret or think.

havent contacted any lawyers or RKBA groups or talked to local dealers. 2 other people and not much in responce 1 opinion anti-rkba the other mute not finished. then there is this thread.
 
Last edited:
I think Iowa's state motto is "NO!"

That's what happens when a bunch of ol' Grannies run a state.

Tim

NO to what? we have ccw which is more than NE.

ol' Grannies run a state? dont see many of them in the government.

pretty dissapointing responce considering I thought I posted this in the Legal and political section of a forum dedicated to RKBA. TheHighRoad. more like the lonely road might as well be RKBA is pretty lonely fight even with the company of hunters.
 
Yep, you have CCW. Can't hunt deer with highpowers though. My buds tell me that getting licensed for Class 3 firearm possession is very difficult in Iowa too.

And what happened to Iowa politics? Iowa hasn't gone for a GOP candidate since '84.

And more importantly, sparklers are about the biggest legal bang you can get on 4th of July. :)

Someday we'll have legal CCW in Nebraska. The politicos from Omaha don't trust us though.

Maybe someday the river will change course and Omaha will become part of Iowa? :)

Tim
 
Status
Not open for further replies.
Back
Top