Firearms offenses in a Cedar Rapids, Iowa, criminal prosecution
Firearms offenses typically fall under Iowa Code Chapter 724. Chapter 724 divides firearms in roughly two categories, including offensive weapons including: machine guns (designed to more than one shot without manual reloading by a single function of the trigger; otherwise known as automatic rather than semiautomatic fire), short barreled rifle or short-barreled shotgun with a barrel or barrels less than sixteen inches (16) in length or a shotgun with a barrel or barrels less than eighteen (18) 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, OR 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 explosion of a propellant charge, which has a barrel or tube with a bore of more than six tenths of an inch (in other words, a 60 smooth bore cannon would be an offensive weapon) or "ballistic" knife equipped with a detachable blade which is propelled by spring-loaded mechanism, any part or combination of parts used to assemble an offensive weapon, OR bullet or projectile containing explosive mixture or chemical compound capable of exploding or detonating prior to impact OR any shotshell that contains exothermic pyrphoric material. Iowa Code 724.1. Consult an attorney before purchasing or possessing a purported antiques or deactivated example in Iowa.
Possession of offensive weapons by those other than peace officers, corrections officers, or any person in the service of the United States, is a Class "D" felony.
A dangerous weapon is any pistol, revolver, rifle, or shotgun, as well as anything designed primarily for use in inflicting death or injury, and when used in its designed manner is capable of inflicting death-- as well as any sort of instrument or device actually used in such a way as to indicate the user intended to inflict death or serious injury. Iowa Model Criminal Jury Instruction 200.21
Pistols, revolvers, and rifles may not be carried on a person, concealed or open carry, in the city limits unless the person is permitted by State law by a weapons carry permit. Exceptions include shooting ranges where a person is engaged in lawful target practice or a firearm is unloaded, properly cased in a closed and locked container, in the luggage compartment of a vehicle, well out of reach of any person therein, and in a container so large as not to be concealable on a person, hunting when legally hunting, and fishing if carrying a knife.
If you or a loved one has been arrested for an Iowa OWI (DUI), contact David A. Cmelik Law PLC at 319-389-1889.
for an initial consultation today. However, remember that a blog is not legal advice and that sending unsolicited information to an attorney over the Internet does not establish an attorney-client relationship.
FIREARMS OFFENSES TOOLBOX
Reckless use of a firearm
Carrying weapons while intoxicated
Going armed with intent
Intimidation with a weapon