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EspañolWhat is the difference between federal and state gun laws? Why do I need to understand both?
In these pages, we refer to two types of gun laws:
- Federal gun laws are laws that apply to all U.S. states and territories.
- State gun laws are specific to each state or territory.
The major differences between the two types of laws are:
- who makes the law;
- who prosecutes someone who breaks the law; and
- what the punishment is for breaking the law.
It’s important to know about both types of gun laws so you can understand all of the ways the abuser might break the law. This can help you protect yourself. In this section, we will mostly discuss your state’s gun laws. However, read our Federal Gun Laws pages to see if any federal laws also apply to your situation.
If you believe the abuser broke the law by having a gun, you can report it to the local police. You don’t need to be able to tell the police which law or if it’s a state or federal law. However, you should know that the local police can only arrest someone for breaking a state law. They cannot arrest someone for breaking a federal law. Only federal law enforcement can do that. The federal law enforcement agency that handles gun issues is the Bureau of Alcohol, Tobacco, and Firearms (“ATF”). If the abuser broke state and federal laws, s/he might be prosecuted in both state and federal courts.
| If the local police believe the abuser broke a… | Then they can… |
|---|---|
| state gun law | arrest the abuser and hand the case over to the local prosecutor. |
| federal gun law | tell the ATF or the federal prosecutor, called the U.S. Attorney, in your state. |
If you believe the abuser broke a federal law, you can also contact the ATF directly to report it. To learn how, go to Who do I notify if I think the abuser should not have a gun?
What is the definition of a felony in Iowa?
A felony is a more serious crime than a misdemeanor. In Iowa, a crime is a felony if it is listed as such in Iowa’s criminal laws.1 The individual law that defines a crime will explain whether it is a felony or a misdemeanor. You can go to our Selected Iowa Statutes page for definitions of some of the common crimes an abuser may have committed.
1 Iowa Code § 701.7
What is the definition of a misdemeanor crime of domestic violence in Iowa?
For the purposes of figuring out whether or not someone can have a gun, a “misdemeanor crime of domestic violence” is an assault committed by:
- the current or former spouse, parent, or guardian of the victim;
- a person with whom the victim shares a child in common;
- a person who is living with or has lived with the victim as a spouse, parent, or guardian; or
- a person who has a role in the victim’s life that is similar to a spouse, parent, or guardian.1
“Assault” for these purposes is defined in Iowa Code § 708.1, subsections (a) and (c).1
1 Iowa Code § 724.26(2)
Is a permit required to own or carry a gun in Iowa?
No state permit is required to legally own a rifle, shotgun, or handgun. This wasn’t always the case, but the law changed on July 1, 2021. Currently, Iowans don’t need a permit to get a handgun or to carry any firearm. These permits are still available to Iowa residents, but they are optional.1
To learn more about the requirements for a permit to carry a gun, go to the question I am a victim of domestic violence and the abuser carries a gun. Is that legal?
I am a victim of domestic violence and the abuser has a gun. Is that legal?
In Iowa, a person cannot have any firearms if s/he:
- has been convicted of a felony in federal or state court;
- has been found responsible in juvenile court (“adjudicated delinquent”) for conduct that would have been a felony if s/he were an adult;1
- is subject to a domestic violence protective order; or
- has been convicted of a “misdemeanor crime of domestic violence.”2
A person also cannot legally get a handgun if s/he is:
- under age 21, unless s/he is a peace officer, correctional officer, security guard, or a member of the military;
- not allowed to have a gun under federal or state law;
- not allowed to have a gun under a court order; or
- intoxicated.3
“Intoxicated” for these purposes is defined in Iowa Code § 321J.2, subsection (1).4
If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, may restrict an abuser’s right to have a gun. Go to our Federal Gun Laws page for more information.
1 Iowa Code § 724.26(1)
2 Iowa Code §§ 236.2(2), (4); 236.5(1)(b); 724.26(2)
3 Iowa Code § 724.15(2)
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
