CHAPTER 724 WEAPONS
Restrictions on shooting over public waters or roads; §481A.54

724.1 OFFENSIVE WEAPONS.
724.2 AUTHORITY TO POSSESS OFFENSIVE WEAPONS.
724.2A PEACE OFFICER DEFINED.
724.3 UNAUTHORIZED POSSESSION OF OFFENSIVE WEAPONS.
724.4 CARRYING WEAPONS.
724.4A WEAPONS FREE ZONES -- ENHANCED PENALTIES.
724.4B CARRYING WEAPONS ON SCHOOL GROUNDS -- PENALTY -- EXCEPTIONS.
724.5 DUTY TO CARRY PERMIT TO CARRY WEAPONS.
724.6 PROFESSIONAL PERMIT TO CARRY WEAPONS.
724.7 NONPROFESSIONAL PERMIT TO CARRY WEAPONS.
724.8 PERSONS ELIGIBLE FOR PERMIT TO CARRY WEAPONS.
724.9 FIREARM TRAINING PROGRAM.
724.10 APPLICATION FOR PERMIT TO CARRY WEAPONS -- CRIMINAL HISTORY CHECK REQUIRED.
724.11 ISSUANCE OF PERMIT TO CARRY WEAPONS.
724.12 PERMIT TO CARRY WEAPONS NOT TRANSFERABLE.
724.13 REVOCATION OF PERMIT TO CARRY WEAPONS.
724.15 ANNUAL PERMIT TO ACQUIRE PISTOLS OR REVOLVERS.
724.16 ANNUAL PERMIT TO ACQUIRE REQUIRED -- TRANSFER PROHIBITED.
724.16A TRAFFICKING IN STOLEN WEAPONS.
724.17 APPLICATION FOR ANNUAL PERMIT TO ACQUIRE -- CRIMINAL HISTORY CHECK REQUIRED.
724.18 PROCEDURE FOR MAKING APPLICATION FOR ANNUAL PERMIT TO ACQUIRE.
724.19 ISSUANCE OF ANNUAL PERMIT TO ACQUIRE.
724.20 VALIDITY OF ANNUAL PERMIT TO ACQUIRE PISTOLS OR REVOLVERS.
724.21 GIVING FALSE INFORMATION WHEN ACQUIRING WEAPON.
724.22 PERSONS UNDER TWENTY-ONE -- SALE, LOAN, GIFT, MAKING AVAILABLE -- POSSESSION.
724.23 RECORDS KEPT BY COMMISSIONER.
724.25 FELONY AND ANTIQUE FIREARM DEFINED.
724.26 POSSESSION, RECEIPT, TRANSPORTATION, OR DOMINION AND CONTROL OF FIREARMS AND OFFENSIVE WEAPONS BY FELONS.
724.27 OFFENDERS' RIGHTS RESTORED.
724.28 PROHIBITION OF REGULATION BY POLITICAL SUBDIVISIONS.
724.29 FIREARM DEVICES.
724.30 RECKLESS USE OF A FIREARM.



        

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. However, this subsection does not apply to a mechanical device possessed and used by a person solely for the purpose of shooting a deer pursuant to an approved city special deer population control plan if the person has a valid federal permit to possess and use the mechanical device. 9. An offensive weapon or part or combination of parts therefor 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.

         Section History: Early Form

         [C27, 31, 35, § 12960-b1; C39, § 12960.01; C46, 50, 54, 58,
      62, 66, § 696.1; C71, 73, 75, 77, § 696.1, 697.10, 697.11; C79, 81, §
      724.1] 

         Section History: Recent Form

         83 Acts, ch 7, § 1; 88 Acts, ch 1164, § 2, 3; 92 Acts, ch 1004, §
      1, 2; 2000 Acts, ch 1116, §7
         Referred to in § 124.401, 809.21, 809A.17
        

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.

         Section History: Early Form

         [C27, 31, 35, § 12960-b4, 12960-b5, 12960-b7; C39, § 12960.04,
      12960.05, 12960.07; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §
      696.4--696.7; C79, 81, § 724.2] 

         Section History: Recent Form

         83 Acts, ch 96, § 122, 159; 97 Acts, ch 166, §3
         Referred to in § 724.1
        

724.2A PEACE OFFICER DEFINED. As used in sections 724.6 and 724.11 regarding obtaining or renewing a permit for the carrying of weapons, "peace officer" includes a reserve peace officer as defined in section 80D.1A.

         Section History: Recent Form

         96 Acts, ch 1078, §1
         Referred to in § 708.13
        

724.3 UNAUTHORIZED POSSESSION OF OFFENSIVE WEAPONS. Any person, other than a person authorized herein, who knowingly possesses an offensive weapon commits a class "D" felony.

         Section History: Early Form

         [C27, 31, 35, § 12960-b3; C39, § 12960.03; C46, 50, 54, 58,
      62, 66, § 696.3; C71, 73, 75, 77, § 696.3, 697.11; C79, 81, § 724.3]
        

724.4 CARRYING WEAPONS. 1. Except as otherwise provided in this section, a person who goes armed with a dangerous weapon concealed on or about the person, or who, within the limits of any city, goes armed with a pistol or revolver, or any loaded firearm of any kind, whether concealed or not, or who knowingly carries or transports in a vehicle a pistol or revolver, commits an aggravated misdemeanor. 2. A person who goes armed with a knife concealed on or about the person, if the person uses the knife in the commission of a crime, commits an aggravated misdemeanor. 3. A person who goes armed with a knife concealed on or about the person, if the person does not use the knife in the commission of a crime: a. If the knife has a blade exceeding eight inches in length, commits an aggravated misdemeanor. b. If the knife has a blade exceeding five inches but not exceeding eight inches in length, commits a serious misdemeanor. 4. Subsections 1 through 3 do not apply to any of the following: a. A person who goes armed with a dangerous weapon in the person's own dwelling or place of business, or on land owned or possessed by the person. b. A peace officer, when the officer's duties require the person to carry such weapons. c. A member of the armed forces of the United States or of the national guard or person in the service of the United States, when the weapons are carried in connection with the person's duties as such. d. A correctional officer, when the officer's duties require, serving under the authority of the Iowa department of corrections. e. A person who for any lawful purpose carries an unloaded pistol, revolver, or other dangerous weapon inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person. f. A person who for any lawful purpose carries or transports an unloaded pistol or revolver in a vehicle inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person or inside a cargo or luggage compartment where the pistol or revolver will not be readily accessible to any person riding in the vehicle or common carrier. g. A person while the person is lawfully engaged in target practice on a range designed for that purpose or while actually engaged in lawful hunting. h. A person who carries a knife used in hunting or fishing, while actually engaged in lawful hunting or fishing. i. A person who has in the person's possession and who displays to a peace officer on demand a valid permit to carry weapons which has been issued to the person, and whose conduct is within the limits of that permit. A person shall not be convicted of a violation of this section if the person produces at the person's trial a permit to carry weapons which was valid at the time of the alleged offense and which would have brought the person's conduct within this exception if the permit had been produced at the time of the alleged offense. j. A law enforcement officer from another state when the officer's duties require the officer to carry the weapon and the officer is in this state for any of the following reasons: (1) The extradition or other lawful removal of a prisoner from this state. (2) Pursuit of a suspect in compliance with chapter 806. (3) Activities in the capacity of a law enforcement officer with the knowledge and consent of the chief of police of the city or the sheriff of the county in which the activities occur or of the commissioner of public safety. k. A person engaged in the business of transporting prisoners under a contract with the Iowa department of corrections or a county sheriff, a similar agency from another state, or the federal government.

         Section History: Early Form

         [S13, § 4775-1a, -3a, -4a, -7a, -11a; C24, 27, 31, 35, 39, §
      12936--12939; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §
      695.2--695.5; C79, 81, § 724.4] 

         Section History: Recent Form

         83 Acts, ch 7, § 2; 83 Acts, ch 96, § 123, 159; 87 Acts, ch 13,
      §5; 88 Acts, ch 1164, §4; 98 Acts, ch 1131, §3
         Referred to in § 232.52, 724.4B, 724.5
        

724.4A WEAPONS FREE ZONES -- ENHANCED PENALTIES. 1. As used in this section, "weapons free zone" means the area in or on, or within one thousand feet of, the real property comprising a public or private elementary or secondary school, or in or on the real property comprising a public park. A weapons free zone shall not include that portion of a public park designated as a hunting area under section 461A.42. 2. Notwithstanding sections 902.9 and 903.1, a person who commits a public offense involving a firearm or offensive weapon, within a weapons free zone, in violation of this or any other chapter shall be subject to a fine of twice the maximum amount which may otherwise be imposed for the public offense.

         Section History: Recent Form

         94 Acts, ch 1172, §53
        

724.4B CARRYING WEAPONS ON SCHOOL GROUNDS -- PENALTY -- EXCEPTIONS. 1. 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. For the purposes of this section, "school" means a public or nonpublic school as defined in section 280.2. 2. Subsection 1 does not apply to the following: a. A person listed under section 724.4, subsection 4, paragraphs "b" through "f" or "j". b. A person who has been specifically authorized by the school to go armed, carry, or transport a firearm on the school grounds, including for purposes of conducting an instructional program regarding firearms.

         Section History: Recent Form

         95 Acts, ch 191, §53
         Referred to in § 232.52
        

724.5 DUTY TO CARRY PERMIT TO CARRY WEAPONS. A person armed with a revolver, pistol, or pocket billy concealed upon the person shall have in the person's immediate possession the permit provided for in section 724.4, subsection 4, paragraph "i", and shall produce the permit for inspection at the request of a peace officer. Failure to so produce a permit is a simple misdemeanor.

         Section History: Early Form

         [S13, § 4775-8a; C24, 27, 31, 35, 39, § 12947; C46, 50, 54,
      58, 62, 66, 71, 73, 75, 77, § 695.15; C79, 81, § 724.5] 

         Section History: Recent Form

         90 Acts, ch 1168, §60
        

724.6 PROFESSIONAL PERMIT TO CARRY WEAPONS. 1. A person may be issued a permit to carry weapons when the person's employment in a private investigation business or private security business licensed under chapter 80A, or a person's employment as a peace officer, correctional officer, security guard, bank messenger or other person transporting property of a value requiring security, or in police work, reasonably justifies that person going armed. The permit shall be on a form prescribed and published by the commissioner of public safety, shall identify the holder, and shall state the nature of the employment requiring the holder to go armed. A permit so issued, other than to a peace officer, shall authorize the person to whom it is issued to go armed anywhere in the state, only while engaged in the employment, and while going to and from the place of the employment. A permit issued to a certified peace officer shall authorize that peace officer to go armed anywhere in the state at all times. Permits shall expire twelve months after the date when issued except that permits issued to peace officers and correctional officers are valid through the officer's period of employment unless otherwise canceled. When the employment is terminated, the holder of the permit shall surrender it to the issuing officer for cancellation. 2. Notwithstanding subsection 1, fire fighters, as defined in section 411.1, subsection 10, airport fire fighters included under section 97B.49B, emergency rescue technicians, and emergency medical care providers, as defined in section 147A.1, shall not, as a condition of employment, be required to obtain a permit under this section. However, the provisions of this subsection shall not apply to a person designated as an arson investigator by the chief fire officer of a political subdivision.

         Section History: Early Form

         [S13, § 4775-4a, -7a; C24, 27, 31, 35, 39, § 12939,
      12943--12945; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 695.5,
      695.11--695.13; C79, 81, § 724.6] 

         Section History: Recent Form

         83 Acts, ch 7, § 3; 84 Acts, ch 1235, § 17; 93 Acts, ch 31, §1; 94
      Acts, ch 1183, §87; 95 Acts, ch 41, § 26; 98 Acts, ch 1183, §74; 2004
      Acts, ch 1103, §58
         Referred to in § 80A.13, 724.2A, 724.11, 724.13
        

724.7 NONPROFESSIONAL PERMIT TO CARRY WEAPONS. Any person who can reasonably justify going armed may be issued a nonprofessional permit to carry weapons. Such permits shall be on a form prescribed and published by the commissioner of public safety, which shall be readily distinguishable from the professional permit, and shall identify the holder thereof, and state the reason for the issuance of the permit, and the limits of the authority granted by such permit. All permits so issued shall be for a definite period as established by the issuing officer, but in no event shall exceed a period of twelve months.

         Section History: Early Form

         [S13, § 4775-3a; C24, 27, 31, 35, 39, § 12938, 12945; C46, 50,
      54, 58, 62, 66, 71, 73, 75, 77, § 695.4, 695.13; C79, 81, § 724.7]
         Referred to in § 80A.13, 724.11, 724.13
        

724.8 PERSONS ELIGIBLE FOR PERMIT TO CARRY WEAPONS. No person shall be issued a professional or nonprofessional permit to carry weapons unless: 1. The person is eighteen years of age or older. 2. The person has never been convicted of a felony. 3. The person is not addicted to the use of alcohol or any controlled substance. 4. The person has no history of repeated acts of violence. 5. The issuing officer reasonably determines that the applicant does not constitute a danger to any person. 6. The person has never been convicted of any crime defined in chapter 708, except "assault" as defined in section 708.1 and "harassment" as defined in section 708.7.

         Section Hiry: Early Form

         [C79, 81, § 724.8]
         Referred to in § 80A.13, 724.11, 724.13, 724.25, 724.27
         Exception to subsection 2; see §724.27
        

724.9 FIREARM TRAINING PROGRAM. A training program to qualify persons in the safe use of firearms shall be provided by the issuing officer of permits, as provided in section 724.11. The commissioner of public safety shall approve the training program, and the county sheriff or the commissioner of public safety conducting the training program within their respective jurisdictions may contract with a private organization or use the services of other agencies, or may use a combination of the two, to provide such training. Any person eligible to be issued a permit to carry weapons may enroll in such course. A fee sufficient to cover the cost of the program may be charged each person attending. Certificates of completion, on a form prescribed and published by the commissioner of public safety, shall be issued to each person who successfully completes the program. No person shall be issued either a professional or nonprofessional permit unless the person has received a certificate of completion or is a certified peace officer. No peace officer or correctional officer, except a certified peace officer, shall go armed with a pistol or revolver unless the officer has received a certificate of completion, provided that this requirement shall not apply to persons who are employed in this state as peace officers on January 1, 1978 until July 1, 1978, or to peace officers of other jurisdictions exercising their legal duties within this state.

         Section History: Early Form

         [C79, 81, § 724.9]
         Referred to in § 80A.13, 724.11, 724.13
        

724.10 APPLICATION FOR PERMIT TO CARRY WEAPONS -- CRIMINAL HISTORY CHECK REQUIRED. A person shall not be issued a permit to carry weapons unless the person has completed and signed an application on a form to be prescribed and published by the commissioner of public safety. The application shall state the full name, driver's license or nonoperator's identification card number, residence, and age of the applicant, and shall state whether the applicant has ever been convicted of a felony, whether the person is addicted to the use of alcohol or any controlled substance, and whether the person has any history of mental illness or repeated acts of violence. The applicant shall also display an identification card that bears a distinguishing number assigned to the cardholder, the full name, date of birth, sex, residence address, and a brief description and colored photograph of the cardholder. The sheriff shall conduct immediately a criminal history check concerning each applicant by obtaining criminal history data from the department of public safety. A person who knowingly makes a false statement of material fact on the application commits a class "D" felony.

         Section History: Early Form

         [S13, § 4775-4a, -7a; C24, 27, 31, 35, 39, § 12939, 12940;
      C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 695.5, 695.6; C79, 81, §
      724.10] 

         Section History: Recent Form

         90 Acts, ch 1147, §1; 2002 Acts, ch 1055, §1
         Referred to in § 80A.13, 724.11, 724.13
        

724.11 ISSUANCE OF PERMIT TO CARRY WEAPONS. 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 nonresidents 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. In either case, the issuance of the permit shall be by and at the discretion of the sheriff or commissioner, who shall, before issuing the permit, determine that the requirements of sections 724.6 to 724.10 have been satisfied. However, the training program requirements in section 724.9 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. Renewal permits or duplicate permits shall be issued for a fee of 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. All such fees received by the commissioner shall be paid to the treasurer of state and deposited in the operating account of the department of public safety to offset the cost of administering this chapter. Any unspent balance as of June 30 of each year shall revert to the general fund as provided by section 8.33.

         Section History: Early Form

         [S13, § 4775-3a; C24, 27, § 12941; C31, 35, § 12941, 12941-c1,
      12941-d1; C39, § 12941, 12941.1, 12941.2; C46, 50, 54, 58, 62,
      66, 71, 73, 75, 77, § 695.7--695.9; C79, 81, § 724.11] 

         Section History: Recent Form

         91 Acts, ch 207, §1; 97 Acts, ch 23, §78
         Referred to in § 80A.13, 724.2A, 724.9, 724.15
        

724.12 PERMIT TO CARRY WEAPONS NOT TRANSFERABLE. Permits to carry weapons shall be issued to a specific person only, and may not be transferred from one person to another.

         Section History: Early Form

         [C24, 27, 31, 35, 39, § 12942; C46, 50, 54, 58, 62, 66, 71,
      73, 75, 77, § 695.10; C79, 81, § 724.12]
        

724.13 REVOCATION OF PERMIT TO CARRY WEAPONS. The issuing officer may revoke any permit to carry weapons when the officer learns that any of the conditions required for the issuance of that permit as stated in sections 724.6 to 724.10 have ceased to exist, or when the officer learns that that permit was improperly issued. When the issuing officer revokes a permit, the officer shall notify the permit holder of such revocation on a form prescribed and published by the commissioner of public safety, and shall forward a copy of the form to the commissioner of public safety. From the time the permit holder receives notice of revocation, the permit shall cease to have any force or effect. Permit revocations may be reviewed by writ of certiorari.

         Section History: Early Form

         [S13, § 4775-6a; C24, 27, 31, 35, 39, § 12946; C46, 50, 54,
      58, 62, 66, 71, 73, 75, 77, § 695.14; C79, 81, § 724.13]
        

724.14 Repealed by 78 Acts, ch 1174, § 19.

724.15 ANNUAL PERMIT TO ACQUIRE PISTOLS OR REVOLVERS. 1. Any person who acquires ownership of any pistol or revolver shall first obtain an annual permit. An annual permit shall not be issued to any person unless: a. The person is twenty-one years of age or older. b. The person has never been convicted of a felony. c. The person is not addicted to the use of alcohol or a controlled substance. d. The person has no history of repeated acts of violence. e. The person has never been convicted of a crime defined in chapter 708, except "assault" as defined in section 708.1 and "harassment" as defined in section 708.7. f. The person has never been adjudged mentally incompetent. 2. Any person who acquires ownership of a pistol or revolver shall not be required to obtain an annual permit if: a. The person transferring the pistol or revolver and the person acquiring the pistol or revolver are licensed firearms dealers under federal law; b. The pistol or revolver acquired is an antique firearm, a collector's item, a device which is not designed or redesigned for use as a weapon, a device which is designed solely for use as a signaling, pyrotechnic, line-throwing, safety, or similar device, or a 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; or c. The person acquiring the pistol or revolver is authorized to do so on behalf of a law enforcement agency. d. The person has obtained a valid permit to carry weapons, as provided in section 724.11. e. The person transferring the pistol or revolver and the person acquiring the pistol or revolver are related to one another within the second degree of consanguinity or affinity unless the person transferring the pistol or revolver knows that the person acquiring the pistol or revolver would be ineligible to obtain a permit. 3. The annual permit to acquire pistols or revolvers shall authorize the permit holder to acquire one or more pistols or revolvers during the period that the permit remains valid. If the issuing officer determines that the applicant has become disqualified under the provisions of subsection 1, the issuing officer may immediately invalidate the permit.

         Section History: Early Form

         [C79, 81, § 724.15] 

         Section History: Recent Form

         90 Acts, ch 1147, § 2, 3
         Referred to in § 724.16, 724.19, 724.27
         Exception to subsection 1, paragraphs b and e; see §724.27
        

724.16 ANNUAL PERMIT TO ACQUIRE REQUIRED -- TRANSFER PROHIBITED. 1. Except as otherwise provided in section 724.15, subsection 2, a person who acquires ownership of a pistol or revolver without a valid annual permit to acquire pistols or revolvers or a person who transfers ownership of a pistol or revolver to a person who does not have in the person's possession a valid annual permit to acquire pistols or revolvers is guilty of an aggravated misdemeanor. 2. A person who transfers ownership of a pistol or revolver to a person that the transferor knows is prohibited by section 724.15 from acquiring ownership of a pistol or revolver commits a class "D" felony.

         Section History: Early Form

         [C79, 81, § 724.16] 

         Section History: Recent Form

         90 Acts, ch 1147, §4; 94 Acts, ch 1172, §54
        

724.16A TRAFFICKING IN STOLEN WEAPONS. A person who knowingly transfers or acquires possession, or who facilitates the transfer, of a stolen firearm commits a class "D" felony for a first offense and a class "C" felony for second and subsequent offenses or if the weapon is used in the commission of a public offense. However, this section shall 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.

         Section History: Recent Form

         94 Acts, ch 1172, §55; 97 Acts, ch 119, § 1, 3, 4
         Section affirmed and reenacted effective May 6, 1997; legislative
      findings; 97 Acts, ch 119, § 1, 3, 4
        

724.17 APPLICATION FOR ANNUAL PERMIT TO ACQUIRE -- CRIMINAL HISTORY CHECK REQUIRED. The application for an annual permit to acquire pistols or revolvers may be made to the sheriff of the county of the applicant's residence and shall be on a form prescribed and published by the commissioner of public safety. The application shall state the full name of the applicant, the driver's license or nonoperator's identification card number of the applicant, the residence of the applicant, and the age of the applicant. The applicant shall also 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 sheriff shall conduct a criminal history check concerning each applicant by obtaining criminal history data from the department of public safety. A person who knowingly makes a false statement of material fact on the application commits a class "D" felony.

         Section History: Early Form

         [C79, 81, § 724.17] 

         Section History: Recent Form

         90 Acts, ch 1147, § 5; 2002 Acts, ch 1055, §2
        

724.18 PROCEDURE FOR MAKING APPLICATION FOR ANNUAL PERMIT TO ACQUIRE. A person may personally request the sheriff to mail an application for an annual permit to acquire pistols or revolvers, and the sheriff shall immediately forward to such person an application for an annual permit to acquire pistols or revolvers. A person shall upon completion of the application personally deliver such application to the sheriff who shall note the period of validity on the application and shall immediately issue the annual permit to acquire pistols or revolvers to the applicant. For the purposes of this section the date of application shall be the date on which the sheriff received the completed application.

         Section History: Early Form

         [C79, 81, § 724.18]
        

724.19 ISSUANCE OF ANNUAL PERMIT TO ACQUIRE. The annual permit to acquire pistols or revolvers shall be issued to the applicant immediately upon completion of the application unless the applicant is disqualified under the provisions of section 724.15 and shall be on a form prescribed and published by the commissioner of public safety. The permit shall contain the name of the permittee, the residence of the permittee, and the effective date of the permit.

         Section History: Early Form

         [C79, 81, § 724.19] 

         Section History: Recent Form

         2002 Acts, ch 1055, §3
        

724.20 VALIDITY OF ANNUAL PERMIT TO ACQUIRE PISTOLS OR REVOLVERS. The permit shall be valid throughout the state and shall be valid three days after the date of application and shall be invalid one year after the date of application.

         Section History: Early Form

         [C79, 81, § 724.20]
        

724.21 GIVING FALSE INFORMATION WHEN ACQUIRING WEAPON. A person who gives a false name or presents false identification, or otherwise knowingly gives false material information to one from whom the person seeks to acquire a pistol or revolver, commits a class "D" felony.

         Section History: Early Form

         [S13, § 4775-10a; C24, 27, 31, 35, 39, § 12955; C46, 50, 54,
      58, 62, 66, 71, 73, 75, 77, § 695.23; C79, 81, § 724.21] 

         Section History: Recent Form

         90 Acts, ch 1147, §6
        

724.22 PERSONS UNDER TWENTY-ONE -- SALE, LOAN, GIFT, MAKING AVAILABLE -- POSSESSION. 1. Except as provided in subsection 3, a person who sells, loans, gives, or makes available a rifle or shotgun or ammunition for a rifle or shotgun to a minor commits a serious misdemeanor for a first offense and a class "D" felony for second and subsequent offenses. 2. Except as provided in subsections 4 and 5, a person who sells, loans, gives, or makes available a pistol or revolver or ammunition for a pistol or revolver to a person below the age of twenty-one commits a serious misdemeanor for a first offense and a class "D" felony for second and subsequent offenses. 3. A parent, guardian, spouse who is eighteen years of age or older, or another with the express consent of the minor's parent or guardian or spouse who is eighteen years of age or older may allow a minor to possess a rifle or shotgun or the ammunition therefor which may be lawfully used. 4. A person eighteen, nineteen, or twenty years of age may possess a firearm and the ammunition therefor 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 thereof from an instructor who is twenty-one years of age or older. 5. A parent or guardian or spouse who is twenty-one years of age or older, of a person fourteen years of age but less than twenty-one may allow the person to possess a pistol or revolver or the ammunition therefor for any lawful purpose while under the direct supervision of the parent or guardian or spouse who is twenty-one years of age or older, or while the person receives instruction in the proper use thereof from an instructor twenty-one years of age or older, with the consent of such parent, guardian or spouse. 6. For the purposes of this section, caliber .22 rimfire ammunition shall be deemed to be rifle ammunition. 7. Access to loaded firearms by children restricted -- penalty. It shall be unlawful for any person to store or leave a loaded firearm which 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, the minor lawfully gains access to the firearm without the consent of the minor's 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. This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person. A violation of this subsection is punishable as a serious misdemeanor.

         Section History: Early Form

         [C97, § 5004; C24, 27, 31, 35, 39, § 12958; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, § 695.26; C79, 81, § 724.22] 

         Section History: Recent Form

         90 Acts, ch 1147, §7; 94 Acts, ch 1023, §119; 94 Acts, ch 1172,
      §56
        

724.23 RECORDS KEPT BY COMMISSIONER. The commissioner of public safety shall maintain a permanent record of all valid permits to carry weapons and of current permit revocations.

         Section History: Early Form

         [C79, 81, § 724.23] 

         Section History: Recent Form

         83 Acts, ch 7, § 4
        

724.24 Repealed by 2002 Acts, ch 1055, § 5.

724.25 FELONY AND ANTIQUE FIREARM DEFINED. 1. As used in sections 724.8, subsection 2, and 724.26, the word "felony" means any offense punishable in the jurisdiction where it occurred by imprisonment for a term exceeding one year, but does not include any offense, other than an offense involving a firearm or explosive, classified as a misdemeanor under the laws of the state and punishable by a term of imprisonment of two years or less. 2. As used in this chapter an "antique firearm" means any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898. An antique firearm also means a replica of a firearm so described if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition or if the replica uses rimfire or conventional 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.

         Section History: Early Form

         [C79, 81, § 724.25] 

         Section History: Recent Form

         86 Acts, ch 1065, § 1
        

724.26 POSSESSION, RECEIPT, TRANSPORTATION, OR DOMINION AND CONTROL OF FIREARMS AND OFFENSIVE WEAPONS BY FELONS. A person who is convicted of a felony in a state or federal court, or who is adjudicated delinquent on the basis of conduct that would constitute a felony if committed by an adult, and who knowingly has under the person's dominion and control or possession, receives, or transports or causes to be transported a firearm or offensive weapon is guilty of a class "D" felony.

         Section History: Early Form

         [C79, 81, § 724.26] 

         Section History: Recent Form

         90 Acts, ch 1147, §8; 97 Acts, ch 126, §47; 2002 Acts, ch 1055,
      §4; 2002 Acts, ch 1175, §94; 2002 Acts, 2nd Ex, ch 1003, §243, 262
         Referred to in § 724.25, 724.27
         Exception; see §724.27
        

724.27 OFFENDERS' RIGHTS RESTORED. The provisions of section 724.8, subsection 2, section 724.15, subsection 1, paragraphs "b" and "e", and section 724.26 shall not apply to a person who is eligible to have the person's civil rights regarding firearms restored under section 914.7 and who is pardoned or has had the person's civil rights restored by the President of the United States or the chief executive of a state and who is expressly authorized by the President of the United States or such chief executive to receive, transport, or possess firearms or destructive devices.

         Section History: Early Form

         [C79, 81, § 724.27] 

         Section History: Recent Form

         94 Acts, ch 1172, §57
        

724.28 PROHIBITION OF REGULATION BY POLITICAL SUBDIVISIONS. A political subdivision of the state shall not enact an ordinance regulating the ownership, possession, legal transfer, lawful transportation, registration, or licensing of firearms when the ownership, possession, transfer, or transportation is otherwise lawful under the laws of this state. An ordinance regulating firearms in violation of this section existing on or after April 5, 1990, is void.

         Section History: Recent Form

         90 Acts, ch 1147, §9
        

724.29 FIREARM DEVICES. 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.

         Section History: Recent Form

         90 Acts, ch 1147, §10
        

724.30 RECKLESS USE OF A FIREARM. A person who intentionally discharges a firearm in a reckless manner commits the following: 1. A class "C" felony if a serious injury occurs. 2. A class "D" felony if a bodily injury which is not a serious injury occurs. 3. An aggravated misdemeanor if property damage occurs without a serious injury or bodily injury occurring. 4. A simple misdemeanor if no injury to a person or damage to property occurs.

         Section History: Recent Form

         94 Acts, ch 1172, §58

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