Post by Admin on Jan 30, 2016 22:57:37 GMT -6
It is ILLEGAL TO SELL ANY GUN TO SOMEONE IN ANOTHER STATE WITHOUT INVOLVING A FFL HOLDER. The gun being sold must be transfered from seller to FFL holder (in the state of the buyer's residence) then to the buyer. Anyone caught selling across state lines can risk a large fine and/or prison time. If you want knowledgable answers to questions regarding gun or ammo sales call your local ATF office.
Des Moines ATF Field Office (515) 362-4000
Sioux City ATF Field Office (712) 255-2360
They have highly dedicated and knowledgable people available to answer questions related to firearms and ammo. For more information either call your local ATF office or refer to the link below (the document was updated January 2013).
FAQs (for unlicensed persons):
www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons#out-of-state-firearm
Website, with drop down box (left side near middle of screen) to learn about... or how to...: www.atf.gov/content/Firearms/firearms-industry
**Below is a listing of what we believe to be the Iowa laws regarding gun sales, gun purchasing, and gun carrying. These may not be up-to-date and/or compete therefore we urge you to check with local law enforcement officials before selling, purchasing, or carrying a gun.**
SALE OF FIREARMS:
Gun law in the United States is defined by a number of state and federal statutes. Sale or delivery of firearms is restricted in Iowa like any other U.S. state. In almost all the states of the US, an importer, manufacturer, dealer or collector shall be licensed under the federal Gun Control Act of 1968 to be a lawful seller.
The Constitution of the State of Iowa contains no provision regarding the keeping or bearing of arms. However, as per section 724.3 of the Iowa Code, unauthorized possession of offensive weapons is prohibited. According to section 724.1 of the Iowa Code, an offensive weapons includes a machine gun, a short-barreled rifle or short-barreled shotgun, any weapon other than a shotgun or muzzle loading rifle, cannon, pistol, revolver or musket, as well as any bullet or projectile. Also included in the category of offensive weapon are mechanical devices specifically constructed and designed so that when attached to a firearm silences, muffles, or suppresses the sound when fired. Any person, other than a person authorized by the code, who knowingly possesses an offensive weapon, commits a class “D” felony.[ii]
Iowa does not regulate assault weapons. However, in Iowa, 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.[iii]
Subject to limited exceptions, any person seeking to purchase a handgun in Iowa must possess an annual permit to acquire a handgun, which requires a background check.[iv] 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.[v]
In Iowa, 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.[vi] However, 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.[vii]
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.[viii]
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.[ix]
In Iowa, private transfers of long guns (transfers by non-firearms dealers) are not subject to a background check requirement, although federal and state purchaser prohibitions still apply.
Iowa Code § 724.1
[ii] Iowa Code § 724.3
[iii] Iowa Code § 724.29
[iv] Iowa Code § 724.15
[v] Iowa Code § 724.16
[vi] Iowa Code § 724.16A
[vii] Id.
[viii] Iowa Code § 724.22(1)
[ix] Iowa Code § 724.22(2)
PURCHASING FIREARMS:
Iowa Constitution does not directly address the peoples’ right to bear arms. However, Article 1, Section 1 of the Iowa Constitution does guarantee certain inalienable rights such as defending life and protecting property. Iowa state permit is not required to purchase a shotgun, or rifle. Under Iowa Code Section 724.15, a permit is required to purchase a handgun. The buyer should be 21 years or older to apply for a permit. The permit becomes valid three days after the date of application, and is valid for one year. A single permit can be used to purchase more than one handgun. Under 724.16, if a person acquires a handgun without a permit is considered guilty of an aggravated misdemeanor.
Following type of handguns does not require a permit:
■antique handguns manufactured before 1898,
■handguns not capable of being readily restored to a firing condition,
■a handgun designated a collector’s item by the commissioner of public safety,
■handgun that transfers between relatives within the second degree of consanguinity or affinity, or
■by a holder of a handgun carrying permit.
Under Section 724.17, an application for a permit to purchase a handgun should be made to the sheriff of the county of the applicant’s residence. The application should be in a form prescribed and published by the commissioner of public safety.
The application should state:
■the full name of the applicant,
■the driver’s license or non-operator identification card number of the applicant,
■the residence of the applicant, and
■the age of the applicant.
The sheriff will conduct a criminal history check of each applicant by obtaining criminal history data from the Department of Public Safety. It is a class D felony to give false statement of material fact on the application. The applicant will also have to display an identification card that bears a distinguishing number assigned to the cardholder, the full name, date of birth, sex, residence address, and brief description and colored photograph of the cardholder, or other identification as specified by rule of the department of public safety.
The main government offices that deal with issues relating to firearms are:
Iowa Department of Public Safety
Wallace State Office Building
Des Moines, Iowa 50319
Phone: (515) 281-3211
Email: webteam@dps.state.ia.us
and
Attorney General
1305 E. Walnut Street
Des Moines, Iowa 50319
Phone: 515-281-5164
Fax: 515-281-4209
Email: webteam@ag.state.ia.us
CARRYING FIREARMS:
Applications for permits to carry weapons shall be made to the sheriff of the county in which the applicant resides. Applications from persons who are non-residents of the state, or whose need to go armed arises out of employment by the state, shall be made to the commissioner of public safety. Granting of permit will be subject to the satisfaction of requirements under Iowa Code § 724.6- Iowa Code § 724.10, which include a training program and a criminal history check. Non-professional permit to carry weapons may also be issued for a period not exceeding twelve months pursuant to Iowa Code § 724.7.
The training program requirement in Iowa Code § 724.7 may be waived for renewal permits. The issuing officer shall collect a fee of ten dollars, except from a duly appointed peace officer or correctional officer, for each permit issued. The fee for renewal permits or duplicate permits shall be five dollars. The issuing officer shall notify the commissioner of public safety of the issuance of any permit at least monthly and forward to the commissioner an amount equal to two dollars for each permit issued and one dollar for each renewal or duplicate permit issued.
Iowa law prohibits a convicted felon or a juvenile delinquent from knowingly possessing, receiving or transporting a firearm or offensive weapon. Such person will be guilty of a class “D” felony.
[ii]
Iowa Code § 724.11
[ii] Iowa Code § 724.26
Des Moines ATF Field Office (515) 362-4000
Sioux City ATF Field Office (712) 255-2360
They have highly dedicated and knowledgable people available to answer questions related to firearms and ammo. For more information either call your local ATF office or refer to the link below (the document was updated January 2013).
FAQs (for unlicensed persons):
www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons#out-of-state-firearm
Website, with drop down box (left side near middle of screen) to learn about... or how to...: www.atf.gov/content/Firearms/firearms-industry
**Below is a listing of what we believe to be the Iowa laws regarding gun sales, gun purchasing, and gun carrying. These may not be up-to-date and/or compete therefore we urge you to check with local law enforcement officials before selling, purchasing, or carrying a gun.**
SALE OF FIREARMS:
Gun law in the United States is defined by a number of state and federal statutes. Sale or delivery of firearms is restricted in Iowa like any other U.S. state. In almost all the states of the US, an importer, manufacturer, dealer or collector shall be licensed under the federal Gun Control Act of 1968 to be a lawful seller.
The Constitution of the State of Iowa contains no provision regarding the keeping or bearing of arms. However, as per section 724.3 of the Iowa Code, unauthorized possession of offensive weapons is prohibited. According to section 724.1 of the Iowa Code, an offensive weapons includes a machine gun, a short-barreled rifle or short-barreled shotgun, any weapon other than a shotgun or muzzle loading rifle, cannon, pistol, revolver or musket, as well as any bullet or projectile. Also included in the category of offensive weapon are mechanical devices specifically constructed and designed so that when attached to a firearm silences, muffles, or suppresses the sound when fired. Any person, other than a person authorized by the code, who knowingly possesses an offensive weapon, commits a class “D” felony.[ii]
Iowa does not regulate assault weapons. However, in Iowa, 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.[iii]
Subject to limited exceptions, any person seeking to purchase a handgun in Iowa must possess an annual permit to acquire a handgun, which requires a background check.[iv] 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.[v]
In Iowa, 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.[vi] However, 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.[vii]
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.[viii]
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.[ix]
In Iowa, private transfers of long guns (transfers by non-firearms dealers) are not subject to a background check requirement, although federal and state purchaser prohibitions still apply.
Iowa Code § 724.1
[ii] Iowa Code § 724.3
[iii] Iowa Code § 724.29
[iv] Iowa Code § 724.15
[v] Iowa Code § 724.16
[vi] Iowa Code § 724.16A
[vii] Id.
[viii] Iowa Code § 724.22(1)
[ix] Iowa Code § 724.22(2)
PURCHASING FIREARMS:
Iowa Constitution does not directly address the peoples’ right to bear arms. However, Article 1, Section 1 of the Iowa Constitution does guarantee certain inalienable rights such as defending life and protecting property. Iowa state permit is not required to purchase a shotgun, or rifle. Under Iowa Code Section 724.15, a permit is required to purchase a handgun. The buyer should be 21 years or older to apply for a permit. The permit becomes valid three days after the date of application, and is valid for one year. A single permit can be used to purchase more than one handgun. Under 724.16, if a person acquires a handgun without a permit is considered guilty of an aggravated misdemeanor.
Following type of handguns does not require a permit:
■antique handguns manufactured before 1898,
■handguns not capable of being readily restored to a firing condition,
■a handgun designated a collector’s item by the commissioner of public safety,
■handgun that transfers between relatives within the second degree of consanguinity or affinity, or
■by a holder of a handgun carrying permit.
Under Section 724.17, an application for a permit to purchase a handgun should be made to the sheriff of the county of the applicant’s residence. The application should be in a form prescribed and published by the commissioner of public safety.
The application should state:
■the full name of the applicant,
■the driver’s license or non-operator identification card number of the applicant,
■the residence of the applicant, and
■the age of the applicant.
The sheriff will conduct a criminal history check of each applicant by obtaining criminal history data from the Department of Public Safety. It is a class D felony to give false statement of material fact on the application. The applicant will also have to display an identification card that bears a distinguishing number assigned to the cardholder, the full name, date of birth, sex, residence address, and brief description and colored photograph of the cardholder, or other identification as specified by rule of the department of public safety.
The main government offices that deal with issues relating to firearms are:
Iowa Department of Public Safety
Wallace State Office Building
Des Moines, Iowa 50319
Phone: (515) 281-3211
Email: webteam@dps.state.ia.us
and
Attorney General
1305 E. Walnut Street
Des Moines, Iowa 50319
Phone: 515-281-5164
Fax: 515-281-4209
Email: webteam@ag.state.ia.us
CARRYING FIREARMS:
Applications for permits to carry weapons shall be made to the sheriff of the county in which the applicant resides. Applications from persons who are non-residents of the state, or whose need to go armed arises out of employment by the state, shall be made to the commissioner of public safety. Granting of permit will be subject to the satisfaction of requirements under Iowa Code § 724.6- Iowa Code § 724.10, which include a training program and a criminal history check. Non-professional permit to carry weapons may also be issued for a period not exceeding twelve months pursuant to Iowa Code § 724.7.
The training program requirement in Iowa Code § 724.7 may be waived for renewal permits. The issuing officer shall collect a fee of ten dollars, except from a duly appointed peace officer or correctional officer, for each permit issued. The fee for renewal permits or duplicate permits shall be five dollars. The issuing officer shall notify the commissioner of public safety of the issuance of any permit at least monthly and forward to the commissioner an amount equal to two dollars for each permit issued and one dollar for each renewal or duplicate permit issued.
Iowa law prohibits a convicted felon or a juvenile delinquent from knowingly possessing, receiving or transporting a firearm or offensive weapon. Such person will be guilty of a class “D” felony.
[ii]
Iowa Code § 724.11
[ii] Iowa Code § 724.26