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)