Legal Question in Criminal Law in Iowa

In 2001 (I was 17), I was charged with 713.6A(1). Under the advice of my court appointed lawyer I used my differed sentence and plead guilty to 714.2(3). I got some fines & probation and completed it with out any incidents.

My question is, can I buy a gun? More specifically a handgun? According to my half crock lawyer, since it was differed sentence, I wouldn't be considered a felon & I wouldn't have to check that box on job applications. What does this mean when it comes to guns? When I look at Iowa Court Records Online it comes up as:

Charge: 714.2(3) Description: THEFT 3RD DEGREE - 1978 (AGMS)

Adj.: DEFERRED Adj.Date: 10/23/2001

The only other violations I have had are minor traffic violations. I don't want to pay the fee's to get a gun permit only to get denied. The people at the court house said to pay the fees, and in 3 to 4 days they can tell me if I get denied or approved.

Any help would be appreciated!


Asked on 2/21/11, 9:54 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

You pled guilty to an aggravated misdemeanor.

It used to be that Iowa's aggravated misdemeanors have a potential sentence of more than one year-which made them a conviction of a felony for purposes of federal law. However that seems to have changed because of 18 USC 921.20 (b) which states the following:

(20) The term �crime punishable by imprisonment for a term exceeding one year� does not include�

(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or

(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

The deferred judgment statute means that, if you complete all the terms and conditions of your probation including paying all your fines, you can say you were never convicted of this offense.

I think you can legally possess a firearm.

Check this website-the numbers refer to 18 USC 921.

http://www.nraila.org/federalfirearms.htm#Sec. 921

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Answered on 2/22/11, 6:09 am


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