Legal Question in Criminal Law in Iowa

Re: weapons possession felon

This is an interesting question, and it is one that comes up every year about this time when we start thinking about hunting season in Iowa.

The first question about using a black powder weapon can be answered with a definite NO. The confusion about this comes from Chapter 724 of the code that excerpts 'antique firearms' from the definition of 'offensive weapons'. There is a corresponding section that precludes unauthorized possession of offensive weapons by prohibited persons, 724.3.

However, Iowa Code section 724.26, prohibits felons from possessing ANY firearm OR offensive weapon. The term 'firearm' is undefined by the Code, but State v. Lawr, 263 N.W.2d 747 (Iowa 1978) defines that term as " a small arms weapon from which a projectile is fired by gunpowder".

In addition to Iowa law, federal law, 18 USC 922g prohibits possession of ANY firearm or ammunition which has been shipped or transported in interstate commerce.

As to the issue of him living with you, it would be prudent for you to store your firearms in a secure place away from the home, or you could be exposing yourself to some form of liability as well.

In short, it would be better for you to take up bowhunting.