First open carry encounter

[Tucker6900]

That's how many days from when I posted that remained where it would have been possible for a person to have been issued a 1 year permit that still has restrictions put on it. All permits issued in 2011 and forward will not have any restrictions on them. I don't know of anyone who didn't specifically go get a new 5 year permit without restrictions if they had them, but the possibility exists so I figured I'd mention it.

Gotcha!

 

[Robin47]

Incorrect

A permit is required to open or conceal carry in Iowa.



You also MUST show, on demand of an officer, your permit to carry a firearm.

There's one catch, to all this "Permit" stuff, you do have a "RIGHT" under the 2A, which means
My good home state of Iowa, needs to get there act together again.
When I was 16 I open carried 3 miles down to the local dump to target practice a lot.
And there was no problem then, things have sure changed since then.

Here's the fight to OC in Iowa.
Just like California, the challenge of our PC 12031 law will be going to Federal court in Dec 15th.
In Iowa some one needs to Challenge your law to on OC and Concealed.
Reason being under the 2A Its your Right ! No "Permission " needed.
Therefore, the can give permission to carry Concealed but must give you your right one way or another.
The McDonald case showed by the Supreme Court it is a persons right !
So like us here in California, we had to wait till there was a Challenge in court.
With this new law suit there are 9 outfits now donating to that cause.
The NRA is not one of them by the way. But might get on the band wagon maybe ?

The state of Iowa must give you your right with out, Permission.
Other wise, they are looking at a BIG law litigation some day.
Wouldn't that be nice to strike down that bad law ?
Good luck friends and keep on carrying.

Robin47

 

[bforn]

Not quite

cedar rapidian here. this is something to ponder. according to iowa law you can carry open or concealed on private property with out a permit. correct me if im wrong but wouldnt wal mart be private property? along with anyother store/resturant/church/whatever which means by law you wouldnt have to show your permit until you steped out onto the side walk in front of wal mart which is public? unless of course the owner says no you cant have that in here you have to leave so you leave. place of business/residence is the samething when it comes to carrying.

Iowa code says that you do not 724.4 (1-3) do not apply if on your own property not just any private property.

You are required under Iowa code to show a permit if the officer requests/demands it if you are carrying and they know it. That applies to open carry as well. It is a permit to carry weapons in Iowa. You can carry any weapon any way you wish with the permit. Open carry without a permit except outside of town is not lawful.

A sign on a business does not carry the weight of law, probably best to avoid it if possible but it would not be a weapons charge. The owner or employee even I suppose could ask you to leave, if you don't after they have asked you then it could be trespassing.

 

[matt2636]

Iowa code says that you do not 724.4 (1-3) do not apply if on your own property not just any private property.

You are required under Iowa code to show a permit if the officer requests/demands it if you are carrying and they know it. That applies to open carry as well. It is a permit to carry weapons in Iowa. You can carry any weapon any way you wish with the permit. Open carry without a permit except outside of town is not lawful.

A sign on a business does not carry the weight of law, probably best to avoid it if possible but it would not be a weapons charge. The owner or employee even I suppose could ask you to leave, if you don't after they have asked you then it could be trespassing.

so if you are at a buddies house and you are open carrying does that give loe the right to come on the private property and ask for your permit? thats my question cause everything is about wording now a days and private property is the same reguardless if its a business or someones home.

 

[Tucker6900]

so if you are at a buddies house and you are open carrying does that give loe the right to come on the private property and ask for your permit? thats my question cause everything is about wording now a days and private property is the same reguardless if its a business or someones home.

Thats a tricky one that I am not sure of.

One would think = Your property, your rules. The way I see it, and IANAL, but if you are on my property, I dont require you to have a permit. Now the question comes as to whether an officer can legally enter private property just to verify that it is your property, and if you are legally allowed to have the firearm. Now, I would like to that applies to welcomed visitors on your property. However, the way the law reads:

a. A person who goes armed with a dangerous weapon in the
person's own dwelling or place of business, or on land owned or
possessed by the person.

...it seems as though it has to be your property. And even if you were on my private property, you would still be require to have the permit on you while carrying.

Im not sure on this one. Ill look more into it.

 

[hermannr]

Thats a tricky one that I am not sure of.

One would think = Your property, your rules. The way I see it, and IANAL, but if you are on my property, I dont require you to have a permit. Now the question comes as to whether an officer can legally enter private property just to verify that it is your property, and if you are legally allowed to have the firearm. Now, I would like to that applies to welcomed visitors on your property. However, the way the law reads:



...it seems as though it has to be your property. And even if you were on my private property, you would still be require to have the permit on you while carrying.

Im not sure on this one. Ill look more into it.

Tucker, I disagree. This has to do with property rights, not gun rights. You have the right to carry in any manner you wish on your own property, and you also have the right to allow anyone you invite to do whatever you allow them to.

When you go look farther, look at the law as it applies to a business. The owner (even in a bad state like NJ) has a right to carry on his business property, and he also has the right to allow his employees (his invited guests if you will) to carry, or even demand they carry, or not carry.

 

[Tucker6900]

Tucker, I disagree. This has to do with property rights, not gun rights. You have the right to carry in any manner you wish on your own property, and you also have the right to allow anyone you invite to do whatever you allow them to.

When you go look farther, look at the law as it applies to a business. The owner (even in a bad state like NJ) has a right to carry on his business property, and he also has the right to allow his employees (his invited guests if you will) to carry, or even demand they carry, or not carry.

Thats a good point. One I didnt really think of. But it makes sense.

That pretty much answers the question that I was trying to answer!

 

[Motofixxer]

Another officer that doesn't understand the meaning of a "lawful order" or authority on private property. It's not whatever the officer says, nor is he an agent of the property.


The contents of this post are opinionated informative reference only and are NOT a substitute for sound legal advice from a licensed attorney in your jurisdiction!!!

 

[junglebob]

I would hope you can carry on someones property in Iowa with their permission. You can in Illinois, of course in the Chicago area you might be violating some ordinance but otherwise you should be OK in the rest of the state.

 

[Darkshadow62988]

I would hope you can carry on someones property in Iowa with their permission. You can in Illinois, of course in the Chicago area you might be violating some ordinance but otherwise you should be OK in the rest of the state.

Sadly, there is no exception for persons without a PTC here in Iowa.

1. Except as otherwise provided in this section, a person who goes armed with a dangerous
weapon concealed on or about the person, or who, within the limits of any city, goes armed with
a pistol or revolver, or any loaded firearm of any kind, whether concealed or not, or who
knowingly carries or transports in a vehicle a pistol or revolver, commits an aggravated
misdemeanor.
2. A person who goes armed with a knife concealed on or about the person, if the person uses
the knife in the commission of a crime, commits an aggravated misdemeanor. 3. A person who goes armed with a knife concealed on or about the person, if the person does
not use the knife in the commission of a crime:
a. If the knife has a blade exceeding eight inches in length, commits an aggravated
misdemeanor.
b. If the knife has a blade exceeding five inches but not exceeding eight inches in length,
commits a serious misdemeanor.
4. Subsections 1 through 3 do not apply to any of the following:
a. A person who goes armed with a dangerous weapon in the person's own dwelling or place of
business, or on land owned or possessed by the person.
b. A peace officer, when the officer's duties require the person to carry such weapons.
c. A member of the armed forces of the United States or of the national guard or person in the
service of the United States, when the weapons are carried in connection with the person's duties
as such.
d. A correctional officer, when the officer's duties require, serving under the authority of the
Iowa department of corrections.
e. A person who for any lawful purpose carries an unloaded pistol, revolver, or other dangerous
weapon inside a closed and fastened container or securely wrapped package which is too large to
be concealed on the person.
f. A person who for any lawful purpose carries or transports an unloaded pistol or revolver in a
vehicle inside a closed and fastened container or securely wrapped package which is too large to
be concealed on the person or inside a cargo or luggage compartment where the pistol or
revolver will not be readily accessible to any person riding in the vehicle or common carrier.
g. A person while the person is lawfully engaged in target practice on a range designed for that
purpose or while actually engaged in lawful hunting.
h. A person who carries a knife used in hunting or fishing, while actually engaged in lawful
hunting or fishing.
i. A person who has in the person's possession and who displays to a peace officer on demand a
valid permit to carry weapons which has been issued to the person, and whose conduct is within
the limits of that permit. A person shall not be convicted of a violation of this section if the
person produces at the person's trial a permit to carry weapons which was valid at the time of the
alleged offense and which would have brought the person's conduct within this exception if the
permit had been produced at the time of the alleged offense. j. A law enforcement officer from another state when the officer's duties require the officer to
carry the weapon and the officer is in this state for any of the following reasons:
(1) The extradition or other lawful removal of a prisoner from this state.
(2) Pursuit of a suspect in compliance with chapter 806.
(3) Activities in the capacity of a law enforcement officer with the knowledge and consent of the
chief of police of the city or the sheriff of the county in which the activities occur or of the
commissioner of public safety.
k. A person engaged in the business of transporting prisoners under a contract with the Iowa
department of corrections or a county sheriff, a similar agency from another state, or the federal
government.