Self-Defense Illegal in Iowa?

[LJ-MosinFreak-Buck]

I was talking to a buddy at work about a buddy of mine getting into an altercation at an apartment complex, and bad guy tried to stab him in the parking lot, but was rejected and disarmed. My buddy grabbed the knife hand of the bad guy and held it out of the way, elbowed the man in the face, and flipped him over the shoulder, still holding the knife hand in his left hand, and stepped on the guys neck applying little pressure and asked if the manwas done. The man gave up and my buddy took the knife and threw it down into the sewer grate. The man did apologize for his actions.

Me and the buddy at work were talking about it and I said something along the lines of "Welll my buddy had a knife on him too, he could have totally ended the threat by running his in from the arm pit up the arm..." And my buddy from work said "Nope, not at all."

He told me that there was no self-defense law in Iowa, and a fellow co-worker is an ex-convict released last year, and was cell mates with a guy who was in for using self defense.

Now, what I don't understand is, what's the point of opening up concealed carry for the general population of Iowa making it an "I Shall" state if we have bogus self defense laws?

Can anybody clarify this for me?

Thanks,
LJ-MF-B

 

[mljdeckard]

Sounds like gibberish to me:


Chapter 704 Force - Reasonable or Deadly – Defenses
704.1 Reasonable Force.
704.2 Deadly Force.
704.3 Defense Of Self Or Another.
704.4 Defense Of Property.
704.5 Aiding Another In The Defense Of Property.
704.6 When Defense Not Available.
704.7 Resisting Forcible Felony.
704.8 Escape From Place Of Confinement.
704.9 Death.
704.10 Compulsion.
704.11 Police Activity.
704.12 Use Of Force In Making An Arrest

I pulled those from handgunlaw.us. Took two seconds.

 

[hirundo82]

He told me that there was no self-defense law in Iowa, and a fellow co-worker is an ex-convict released last year, and was cell mates with a guy who was in for using self defense.

Iowa Code CHAPTER 704 FORCE == REASONABLE OR DEADLY == DEFENSES

The laws in Iowa seem to be pretty much in line with other states I'm familiar with (well, not as good as Texas but we have it really good).

What your buddy did is self defense too, and he obviously didn't get arrested for it (he used force, but not deadly force). Using deadly force (knife or gun) against a knife would be considered reasonable force in any jurisdiction in the US.

Even in states that don't have a statutory right to self defense (eg Virginia) it is a common law right. Always has been in Anglo-American jurisprudence.

 

[Remo223]

Just a guess, but it could be that iowa has a "duty to retreat" law.

Some states require you to attempt to flee first before using self defense.

 

[mljdeckard]

I have however, seen many legitimate self-defense cases where the defender was arrested and charged simply because the investigator considered the matter to be so petty that he didn't care who started it, as far as they were concerned it was two guys fighting, and that's how they wrote it up.

 

[avs11054]

what your buddy's co-worker's cell mate might have seen as self-defense and what is actually self defense might be two different things. Look at the source of the information. In the situation you described, your friend obviously is justified in defending himself. The badguy is lucky that your friend wasn't carrying.

 

[hirundo82]

Just a guess, but it could be that iowa has a "duty to retreat" law.

There doesn't appear to be a duty to retreat in your home or business.

704.1 REASONABLE FORCE.
"Reasonable force" is that force and no more which a
reasonable person, in like circumstances, would judge to be necessary
to prevent an injury or loss and can include deadly force if it is
reasonable to believe that such force is necessary to avoid injury or
risk to one's life or safety or the life or safety of another, or it
is reasonable to believe that such force is necessary to resist a
like force or threat. Reasonable force, including deadly force, may
be used even if an alternative course of action is available if the
alternative entails a risk to life or safety, or the life or safety
of a third party, or requires one to abandon or retreat from one's
dwelling or place of business or employment.

 

[Remo223]

the altercations occurred in a parking lot. therefore the duty to retreat would be in effect. So in a sense, the buddy is correct, you cannot defend yourself in that situation. You must run away instead.

 

[GRIZ22]

Duty to retreat is if there is a way to retreat.

Even in NJ there is no duty to retreat from a potentially lethal confrontation.

 

[M-Cameron]

He told me that there was no self-defense law in Iowa, and a fellow co-worker is an ex-convict released last year, and was cell mates with a guy who was in for using self defense.

im guessing if the guy ended up in jail......he was either really unlucky when it came to judge/ jury selection.......or his "self defense" wasnt.

 

[jonmerritt]

Iowa has self defense laws, what you were told is pure BS.

 

[Art Eatman]

Question answered...