Under a new section enacted in 2021, a person: is prohibited from carrying any dangerous weapon. Sec. She holds a B.A. Except as otherwise permitted by Iowa Code 724.4B, it is a felony to go armed with, carry, or transport a firearm of any kind, whether concealed or not, on the grounds of any public or nonpublic school. (b) This section shall not apply to the discharge of any firearm within or into the corporate limits of any city if: . Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. An accidental discharge occurs when an individual handling a firearm is negligent and fires the weapon unintentionally. Anyone under the age of 21 who possesses the handgun and ammunition for any lawful purpose while under the direct supervision of a parent, guardian or spouse aged at least 21, or while receiving firearm training from an instructor aged at least 21 with the consent of the parent, guardian or spouse. Iowa Code 724.4A defines a weapons free zone as the area in or on, or within 1,000 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 (except parks where hunting is permitted). An accidental discharge can occur in many ways, including: Examples of individuals pulling the trigger for purposes other than firing the weapon include: In these instances, unbeknownst to the firearm user, ammunition is in the chamber and discharges when the individual pulls the trigger. A minor who goes armed with a dangerous weapon that directs an electric current impulse, wave, or beam that produces a high-voltage pulse designed to immobilize a person, whether concealed or not, commits a simple misdemeanor. Up to 1 year in jail The applicant must list the drivers license or nonoperators identification card number of the applicant, as well as their full name, date of birth, sex, residential address, and brief description and colored photograph, or other identification as specified by the Department of Public Safety. A Democratic Iowa House candidate has been charged with reckless use of a firearm after police say she shot a gun through a sliding glass door in her home last week. . Professional permits are valid for 12 months, apart from permits issued to peace officers and correctional officers (valid through the officers period of employment unless otherwise cancelled). Gun Rights An ordinance regulating firearms in violation of this prohibition existing on or after April 5, 1990, is void. Law, Products Applicants (both professional and non-professional permits) must meet the eligibility criteria in Iowa Code 724.8 (not prohibited from possessing firearms under state or federal law; has not been convicted of any serious or aggravated misdemeanor not involving the use of a firearm or explosive within the three years prior to the application; is not addicted to the use of alcohol; and no documented cause exists to believe that the applicant is likely to use a weapon unlawfully or to endanger self or others, based on specific actions of the applicant). The department must, as soon thereafter as is practicable but not later than ten business days thereafter, update, correct, modify, or remove the petitioners records in any database that the department makes available to the NICS database and must notify the United States department of justice that the basis for such record being made available no longer applies. A valid permit or license issued by another state to any nonresident of Iowa shall be considered to be a valid permit or license to carry weapons within Iowa, except that such permit or license is not a substitute for an Iowa permit for acquiring a handgun under Section 724.15. Other Illegal Use of Weapons What Defenses Exist to Accidental Discharge Offenses? A misdemeanor conviction may result in up to a year in jail and/or fines. Unlawful discharge of a firearm is the reckless discharge of a firearm within or into the corporate limits of any city. (RELATED: Authorities Arrest 90 People, Seize 58 Guns In What Officials Are Calling County's Largest Gang Bust Ever) There was no safety on the gun, allowing for easy discharge, and . Any condition or clause included in a rental agreement in violation of the above prohibition is unenforceable, and should a landlord willfully use a rental agreement containing provisions known by the landlord to be prohibited, a tenant is entitled to recover actual damages sustained by the tenant and not more than three months periodic rent and reasonable attorney fees. CLARK, DOMINICK DEMETRIO #, Peoria County, Illinois - 2023-02-27. charge description: POSSESSION OF A FIREARM WITHOUT A VALID FOID CARD: jurisdiction will depend upon local state laws and the degree of injury and/or damage caused by the accidental discharge. Yes, it is important to consult with an experienced. In that report, police said Heitshusen "admitted to having a couple drinks prior to the incident. Code 281-43.38(2), prohibits a school bus driver from permitting firearms or other weapons, [or] ammunition, to be carried in the passenger compartment of any school vehicle transporting pupils.. 4. Iowa Code 724.1(1)(f), 724.3. New Iowa Code 724.15 requires that any person (who is not a federally licensed dealer) who seeks to acquire a handgun from a federally licensed dealer must: (a) present a valid Iowa permit to carry; (b) present a valid Iowa permit to acquire; or (c) complete a satisfactory NICS criminal background check. Criminal charges are most likely to apply when a person is acting recklessly while handling a gun. A class "C" felony if a serious injury occurs. Iowa Code 724.13 allows a permit to be suspended or revoked if the holder is arrested for a disqualifying offense or is the subject of proceedings that could lead to the persons ineligibility for a permit. A simple misdemeanor if no injury to a person or damage Unlawful discharge of firearm; penalty. Law, Immigration who is addicted to the use of alcohol or who illegally possesses a controlled substance; who, within the previous three years, has been convicted of any serious or aggravated misdemeanor not involving the use of a firearm or explosive; currently is prohibited by federal law from possessing, or receiving a firearm; who is otherwise prohibited from possessing a firearm or offensive weapon under state law, Iowa Code 724.26; for whom probable cause exists to believe, based upon documented specific actions of the person, that he or she is likely to use a weapon unlawfully or in such other manner as would endanger the persons self or others; or. Even the aggravated misdemeanor version is considered to be a felony by the federal government and most others states, which can also disqualify a person from gun ownership. such aircraft is in motion in the air or in motion . The conviction is not disqualifying where the persons firearm rights have been restored through an expungement of the conviction or otherwise. The Class C felony version of Reckless Use of a Firearm carries up to 10 years in prison, while the Class D felony version can result in a 5 year sentence. discharges a firearm and at the time of discharge: (1) is reckless as to whether the firearm was aimed at. It makes it a felony to transfer, or temporarily loan or rent, a firearm to an individual if the person knows or reasonably should know that the individual is ineligible to possess dangerous weapons, is legally intoxicated, or is prohibited from receiving or possessing guns under state or federal law. A class "D" felony if a bodily injury which is not a Firearm disability arising from mental health adjudication, commitment. Iowa Code 724.4E provides that a minor who carries, transports, or possesses a loaded firearm of any kind within the limits of a city, or knowingly carries or transports a handgun in a vehicle, commits a serious misdemeanor. 2. Iowa Code 724.31(4). Discovery A felony conviction may result in a year or more in prison and/or larger fines. Expungement of a conviction for a disqualifying offense is available for a misdemeanor conviction; see Iowa Code 901C.3. Section 752.861. Many states allow harsher sentences if the accidental discharge occurs in a residence or public place. The administrative law judge shall receive witness testimony and other evidence relevant to the proceedings. Reckless discharge of a firearm occurs when an individual acts in such a manner they knew or should have known would cause harm and are indifferent to the risk of injury and/or damage that may be caused by the discharge. A Democratic Iowa House candidate has been charged with reckless use of a firearm after police say she shot a gun through a sliding glass door in her home last week. Offensive weapons include machine guns, and 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. Iowa Code 724.1(1). A person who intentionally discharges a firearm in a reckless manner commits the following: 1. The information is not intended as legal advice or a restatement of law anddoes not include: restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition. 28-1212.04. A first-time permit applicant must satisfy the firearm safety training requirement as outlined in Iowa Code 724.9 (this is not required for license renewals). It is unlawful to carry a dangerous weapon within the persons immediate access or reach while in a vehicle, or on or about the person, if the person is intoxicated as defined by state law. The bullet went through the glass of Heitshusen's sliding glass door, police said. An accidental discharge can occur in any place, including homes and public places. The second order (December 19, 2017) added that, at the request of a county or other controlling entity, the chief justice would modify the weapons prohibition by eliminating the prohibition in public areas on those floors of a courthouse not totally occupied by a court system. State law, Iowa Code 724.32, provides that a supreme court or judicial branch order that prohibits a person from lawfully carrying, possessing, or transporting a weapon in a county courthouse or other joint-use public facility shall be unenforceable unless the judicial order applies only to a courtroom or a court office, or to a courthouse used only for judicial branch functions..