With current events as they are, at Stowers & Sarcone we’ve seen a huge increase in calls from people looking to get their gun rights back. Here is some helpful information regarding frequently asked questions.
Who is prohibited from owning a gun under federal law?
Both federal law and Iowa law affect who can own a gun. Under 18 U.S.C. 922(g), any person who has been convicted of a crime punishable by a term of imprisonment exceeding one year (i.e. a felony) cannot lawfully possess a firearm. Section 922 also excludes several other classes of persons from possessing firearms, including:
- fugitives from justice;
- unlawful users of controlled substances;
- those adjudicated as mentally defective, or committed to a mental institution;
- illegal or unlawful aliens;
- those who have received a dishonorable discharge from the Armed Forces;
- those who are subject to certain no-contact orders; and
- those convicted of a misdemeanor crime of domestic violence.
But under 18 U.S.C. 921(a)(20) a “crime punishable by imprisonment for a term exceeding one year” does not include State offenses classified by State law as misdemeanors and punishable by imprisonment of two years or less. It also does not include certain white collar crimes.
So, offenses classified as felonies always result in the loss of gun rights, with the exception of a few white collar crimes. But if you’ve been convicted of an aggravated misdemeanor in Iowa you are not necessarily prohibited from owning a gun. This is where Iowa law comes into play.
Who is prohibited from owning a gun under Iowa law?
Iowa Code Chapter 724 incorporates the federal law restrictions on owning firearms, with a few additional caveats. In addition, convictions for aggravated misdemeanors that involve the use of a firearm or explosive are also disqualifying offenses.
Additionally, although not necessarily prohibited from possessing a gun, certain people may be restricted from obtaining a permit to carry or permit to acquire. You should talk to a lawyer to find out more.
How to get your gun rights back
To get your gun rights back in Iowa, you need to file an application with the Governor’s office. It’s important to have an experienced attorney handle the process for you. Give us a call at 515-224-7446 and we will help you get it started.
This blog post is meant to be informative only and should not be construed as any form of legal advice; nor does it establish an attorney-client relationship. If you have questions about whether you are eligible to possess a firearm or own a gun, you should always speak with a lawyer personally.
