In these pages, we refer to two types of gun laws:

1. Federal gun laws are laws that apply to all U.S. states and territories.
2. 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 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? 

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)

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)

In a permanent protective order, the judge can order the abuser to not have any firearms, weapons, or ammunition in his/her possession.¹

Federal laws, which apply to all states, also limit a person’s right to have a gun under certain circumstances. Visit our Federal Gun Laws page for more information.

¹ Iowa Code § 236.5(1)

Criminal records are open to the public, but they are not always easy to get to. If you know which courthouse the abuser’s case was in, you can go there and ask the clerk of court for access to those records.

Some criminal records are also kept in the federal government’s National Instant Criminal Background Check System (NICS). However, only law enforcement officials and licensed firearm sellers are allowed to search the NICS. Your local police department may be willing to search NICS for you if you ask, but they don’t have to.

To read more about the NICS and background checks for gun buyers, see What will happen if the abuser tries to buy a gun?

If you think the abuser broke a state gun law, you can call the local police, the sheriff’s department, or the State Police.

If you think the abuser broke a federal gun law, you can contact the U.S. Bureau of Alcohol, Tobacco, and Firearms (ATF). There are several different ways to do this:

1. The ATF has a hotline for reporting illegal gun activity at 1-800-ATF-GUNS (1-800-283-4867).
2. The ATF also has both an app and a website to allow people to submit anonymous tips. There is more information on their website.
3. There is a list of ATF field offices in Iowa on the ATF website if you would like to speak to someone local.

Many ATF offices have victim advocates, called “victim/witness coordinators.” You can ask to speak with one of these advocates if you are having a hard time reaching an ATF officer.

A local domestic violence organization in your area may also be able to answer your questions and help you talk to the right law enforcement officials. You can find contact information for organizations in your area on our IA Advocates and Shelters page.

Note: Generally, a person does not need to know the law to be arrested for breaking it. If the abuser has or buys a gun in violation of the law, s/he can be arrested, whether or not s/he knows that s/he broke the law.¹

¹ United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)

In Iowa, illegally possessing a gun is a Class D felony.¹ The punishment for a Class D felony is:

• imprisonment for up to five years; and
• a fine between $1,025 and $10,245.²

¹ Iowa Code § 724.3
² Iowa Code § 902.9(e)

Even if the abuser does not have a protective order issued against him/her and s/he has not been convicted of a crime, there are other reasons that gun possession can be illegal.

For example, Iowa law says that a person cannot 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; or
• intoxicated.¹

It might also not be legal to carry a gun, even if it’s legal to own one. In Iowa, a person cannot get an optional permit to carry a gun if s/he:

• is under age 18 and applying for a professional permit;
• is under age 21 and applying for a nonprofessional permit;
• is addicted to alcohol; or
• has done something specific within the last two years which shows 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

A person is not allowed to carry a gun if s/he doesn’t qualify for a permit, even if s/he doesn’t apply for one.³

In addition, there are federal laws which may restrict an abuser’s right to have a gun under other circumstances. Federal laws apply to all states. Go to our Federal Gun Laws page to get more information.

If these situations do not apply, you can still plan for your safety. See our Safety Planning page for more information. You can also contact your local domestic violence organization for help in making a personalized plan. See our IA Places that Help page to find a local domestic violence organization near you.

For a summary of the laws addressing criminal convictions and restraining orders, go to I am a victim of domestic violence and the abuser has a gun. Is that legal? For more information on gun laws in Iowa, you can go to the Giffords Law Center website.

¹ Iowa Code § 724.15(2)
² Iowa Code § 724.8
³ Iowa Code § 724.8B