Legal Question in Criminal Law in Iowa

gun rights

I recieved a defered sentence on a domestic abuse charge does that mean i still retain my right to purchase and own a firearm?


Asked on 1/29/09, 11:49 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

Re: gun rights

If you have been convicted of a crime of domestic absue you are barred from owning or possessing a firearm under federal law-and that includes black powder and muzzleloading weapons.

Fact is, you now have no right to purchase or own a firearm under federal law. So there's no right you retain. Furthermore, if you now have firearms in your possession you would do well to dispose of them.

If you work in an occupation that requires that you possess a firearm or be able to use one, you now may be forced to change occupations-there is no 'military exception' or 'police exception'.

Had you received a deferred judgment on a domestic assault and successfully completed the terms and conditions of probation there is a fighting chance that you could own firearms in Iowa because a person who receives a deferred judgment is considered not to have been convicted.

Had you been convicted of assault upon a stranger you would not be barred from owning firearms under federal law.

However if you received a suspended or deferred sentence you're out of luck, as there is no expungement of convictions in this state. People receiving deferred judgments have these records maintained in a deferred judgment docket, and the DCI maintains the arrest records.

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Answered on 1/30/09, 10:21 am


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