Legal Question in Criminal Law in Iowa

I have a permit to carry weapons here in the state of Iowa. It is illegal to drink in a bar or a place that serves alcohol. I own a Springfield Range Officer 1911 competition shooting pistol. Not a small gun. not something that you can comfortably to carry on your side so I generally leave it in my vehicle most of the time or at home. BTW it is always loaded. I recently went on a trip 3 hours away with a friend and brought my side arm with me and placed it under the seat of the car. I always bring it with me this isn't something new. So I placed it there in the morning and we went on the trip to my friends child's baptism party. He is a Iowa State Patrol Officer too if that matters. There were other troopers there also. I didn't know that there would be alcohol served at the event. So I just attended the event as normal had some drinks enough that put me over the legal limit. My friend told me it started at 4 but didn't tell me it lasted till midnight so we were there a while. So it was time to go to the hotel that was 1/4 mile away if that. The person I came with said she was ok to drive she had not been drinking that much.. so ok off we went. we went to the hotel brought 2 friends with us so they wouldn't have to drive 30 min away to where they were staying because they had been drinking too.. so were at the hotel and the girls wanted something to eat they did not know where things were in the town. I was already in bed and they asked if i could show them. so I got up got dressed and went with. everything was closed so the driver turned around and headed back to the hotel and got pulled over. long story short she was over the legal limit to drive and got an owi. The officer asked if there were any weapons in the car she replied im not sure but she knows that I have a permit. The officer approaches my side of the car and asks me about the gun. with no hesitation I said its under the seat. so he asks me to step out of the car, and i did, he asked me If i had a permit i said yes but i didnt have it on me. i had no wallet no cell phone pockets were empty.. wasn't expecting to leave the hotel in the first place.. He asked if it was loaded i said yes sir. they made me blow and I was over the limit. So I got arrested for carrying weapons while intoxicated. I cooperated with the officer that he let me sit in the front seat of the car. My question is what was I suppose to do with the gun? I had been drinking it was safe under the seat I wasn't going to touch it. I forgot i even had it with me. Some people say that you should have unloaded it and put it in the trunk. umm I was drinking I wasn't going to touch it. it was out of site out of mind, would have been safe there till the morning. I still don't know what the law is about this. is there one? I have a court date that hasn't been set yet. what do I say to the judge? The gun wasn't on me I wasn't carrying it. Im not a criminal. I even called my weapons instructor who teaches navy seals how to shoot. he said that I should have unloaded it and put it in the trunk. But I didnt know I was going to be drinking. im lost in this whole thing of what I should have done and what the law is. I thought I was following it correctly. Because everyone says leave your gun in the car if your going to go to the bar. but this wasn't even a bar it was a small town event center. Im even applying for a job as a reserve officer at a local town. I have never been arrested before in my life. I dont drink and drive. most all my friends are in law enforcement and they are really unsure of what the law is or what I should have done either. So that's why im posting this. looking for some answers before court. I dont want to lose my permit because I thought I was doing the right thing. Gun laws change daily it seems like how is the public suppose to be informed of these changes.. any help would be greatly appreciated . Thank you


Asked on 9/10/14, 3:17 pm

1 Answer from Attorneys
Todd Miler Miler Law Firm

Several issues here. The best answer is that this area of the law is unclear. Your CCW permit may have been invalidated because of your alcohol consumption, but that does not mean you committed a crime. I recently took a case to trial on similar facts and received a favorable outcome for my client. Sometimes a prosecutor needs to listen to the potential jurors tell them that they don't think a crime has been committed here. The law for the carrying weapons charge recently changed, pursuant to appellate case law and the applicable jury instructions, to say that the charge requires some proof that you moved the weapon and there was some intent to use it. What isn't clear is what exactly that means. I'd suggest you get a competent and well-versed criminal defense attorney to help you out.

You asked what you should say to the judge: I suggest you say nothing more than "not guilty" and let your attorney handle the rest.

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Answered on 9/10/14, 3:41 pm


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