I am a victim of domestic violence and the abuser carries a gun. Is that legal?
It might not be legal for a person to carry a gun, even if it is legal for him/her to own one. In Iowa, a person cannot carry a gun if:
- s/he is illegally in possession of a controlled substance;
- s/he is in the process of committing a crime; or
- s/he doesn’t qualify for a permit to carry a gun.1
Note: Even though a permit to carry a gun is optional in Iowa, it’s only legal to carry a gun if the person would meet the requirements for a permit. This is true even if s/he doesn’t actually apply for one. The permit requirements are that s/he:
- is 18 or older or, in certain circumstances, 21 and older;
- is not addicted to alcohol;
- has not been convicted of any serious or aggravated misdemeanor defined in chapter 708 of the Iowa Code within the last three years;
- is not prohibited from having a gun under federal or state law; and
- has not done something specific within the last two years that shows “probable cause” that s/he is likely to use a weapon unlawfully, or likely to harm him/herself or others. Note: The person’s actions must be documented.2
1 Iowa Code §§ 724.8B; 724.8
2 Iowa Code § 724.8B