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State Law Summary
Constitution of the State of Iowa - Article 1, Section 1
"The right of the people to keep and bear arms shall not be infringed." (Iowa Const. Art. I, § 1)
Iowa's firearm law history has seen significant developments that underscore the state's evolving stance on gun rights. In 2010, Iowa passed a comprehensive concealed carry law, allowing individuals to obtain permits after completing a background check and a training course, which marked a pivotal moment in recognizing the rights of gun owners. The law was amended in 2017 to streamline the application process and eliminate the need for a permit to purchase firearms, further expanding access to responsible gun ownership. A notable legal development occurred in 2019 with the case State v. Smith, where the Iowa Supreme Court ruled in favor of individuals' rights to possess firearms for self-defense, reinforcing the legal framework supporting gun ownership. In 2021, Iowa passed additional legislation allowing for "Permitless Carry," enabling law-abiding citizens to carry firearms without a permit. These changes reflect Iowa's commitment to balancing individual rights with responsible firearm ownership.
Permit Eligibility, Training and Application Process
Iowa's history of permits to carry weapons began with the passage of its first comprehensive concealed carry law in 2010, which established a system for residents to apply for permits after completing a background check and firearm safety training. This law marked a significant shift in the state's approach to firearm ownership and personal defense. In 2017, the Iowa legislature amended the law to streamline the application process, reduce waiting times, and eliminate the permit requirement for purchasing firearms, making it easier for residents to access weapons legally. A key change occurred in 2021 when Iowa enacted "Permitless Carry" legislation, allowing law-abiding citizens aged 21 and older to carry firearms without a permit, while still enabling those who wish to obtain a permit for reciprocity with other states. This evolution reflects Iowa's commitment to enhancing individual rights and promoting responsible firearm ownership.
Iowa Nonprofessional Permit
- Any person who is not disqualified, who satisfies the training requirements, and who files an application shall be issued a Nonprofessional Permit to Carry Weapons. Such permits shall be on a form prescribed and published by the commissioner of public safety, which shall be readily distinguishable from the professional permit, and shall identify the holder of the permit. Such permits shall not be issued for a particular weapon and shall not contain information about a particular weapon including the make, model, or serial number of the weapon or any ammunition used in that weapon.
- The commissioner of public safety shall develop a process to allow service members deployed for military service to submit a renewal of a nonprofessional permit to carry weapons early and by mail. In addition, a permit issued to a service member who is deployed for military service that would otherwise expire during the period of deployment shall remain valid for ninety days after the end of the service member's deployment.
Iowa Code § 724.7
Iowa Professional Permit
- aA person may be issued a permit to carry weapons when the person's employment in a private investigation business or private security business licensed under chapter 80A, or a person's employment as a peace officer, correctional officer, county attorney, assistant county attorney, security guard, bank messenger or other person transporting property of a value requiring security, or in police work, reasonably justifies that person going armed.
- The permit shall be on a form prescribed and published by the commissioner of public safety, shall identify the holder, and shall state the nature of the employment requiring the holder to go armed. A permit so issued, other than to a peace officer, county attorney, or assistant county attorney, shall authorize the person to whom it is issued to go armed anywhere in the state, only while engaged in the employment, and while going to and from the place of the employment.
- A permit issued to a certified peace officer, county attorney, or assistant county attorney shall authorize that peace officer, county attorney, or assistant county attorney to go armed anywhere in the state at all times, including on the grounds of a school.
- Permits shall expire twelve months after the date when issued except that permits issued to peace officers, county attorneys, assistant county attorneys, and correctional officers are valid through the holder of the permit's period of employment unless otherwise canceled. When the employment is terminated, the holder of the permit shall surrender it to the issuing officer for cancellation.
Iowa Code § 724.6
Iowa Permit Eligibility
No professional or nonprofessional permit to carry weapons shall be issued to a person who is subject to any of the following:
- Is less than eighteen years of age for a professional permit or less than twenty-one years of age for a nonprofessional permit.
- Is addicted to the use of alcohol.
- Probable cause exists to believe, based upon documented specific actions of the person, where at least one of the actions occurred within two years immediately preceding the date of the permit application, that the person is likely to use a weapon unlawfully or in such other manner as would endanger the person's self or others.
- Is subject to the provisions of section 724.26.
- Has, within the previous three years, been convicted of any serious or aggravated misdemeanor defined in chapter 708 not involving the use of a firearm or explosive.
- Is prohibited by federal law from shipping, transporting, possessing, or receiving a firearm.
Iowa Code § 724.8
Iowa Permit Training Requirements
1.An applicant for an initial permit to carry weapons shall demonstrate knowledge of firearm safety by any of the following means:
- Completion of any national rifle association handgun safety training course or a handgun safety training course offered by an instructor certified by an organization approved by the department of public safety pursuant to section 724.9A.
- Completion of any handgun safety training course available to the general public offered by a law enforcement agency, community college, college, private or public institution or organization, or firearms training school, utilizing instructors certified by the national rifle association or an organization approved by the department of public safety pursuant to section 724.9A or another state's department of public safety, state police department, or similar certifying body.
- Completion of any handgun safety training course offered for security guards, investigators, special deputies, or any division or subdivision of a law enforcement or security enforcement agency approved by the department of public safety.
- Completion of small arms training while serving with the armed forces of the United States.
- Completion of a law enforcement agency firearm safety training course that qualifies a peace officer to carry a firearm in the normal course of the peace officer's duties.
- Completion of a hunter education program approved by the natural resource commission pursuant to section 483A.27, if the program includes handgun safety training and completion of the handgun safety training is included on the certificate of completion.
Iowa Code § 724.9
Iowa Permit Application Process
A Permit to carry a weapon is issued by the Sheriff of the county you reside in. To apply, you must appear in person at the County Sheriff s Office with a picture ID (ie: Iowa Driver's License or Iowa ID card) reflecting a County address. You will also need to provide a copy of your certificate of completion of this course. You will then be required to complete the application for a Permit to Carry Weapons.
Application Fees:
New Permit: $50
Renewal Permit: $25
An Iowa Permit to Carry Weapons is valid for 5 years.
A renewal application must be submitted to the sheriff’s office of the applicant’s county of residence within 30 days prior to the expiration of the applicant’s current permit or within 30 days after the expiration of the applicant’s current permit.
Iowa Code § 724.10
Permitless Carry Law
The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.Â
Iowa law:
The availability of a professional or nonprofessional permit to carry weapons under this chapter shall not be construed to impose a general prohibition on the otherwise lawful unlicensed carrying or transport, whether openly or concealed, of a dangerous weapon, including a loaded firearm.
Iowa Code § 724.5
Reciprocity Agreements
State Preemption Laws
State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties.Â
Iowa law:
Preemption: In Iowa, cities, counties and townships may not enact additional firearm restrictions:
- A political subdivision of the state shall not enact an ordinance, motion, resolution, policy, or amendment regulating the ownership, possession, carrying, legal transfer, lawful transportation, modification, registration, or licensing of firearms, firearms attachments, or other weapons when the ownership, possession, carrying, transfer, transportation, or modification is otherwise lawful under the laws of this state. An ordinance regulating firearms, firearms attachments, or other weapons in violation of this section existing on or after April 5, 1990, is void.
- If a political subdivision of the state, prior to, on, or after July 1, 2020, adopts, makes, enacts, or amends any ordinance, measure, enactment, rule, resolution, motion, or policy regulating the ownership, possession, carrying, legal transfer, lawful transportation, modification, registration, or licensing of firearms, firearms attachments, or other weapons when the ownership, possession, carrying, transfer, transportation, modification, registration, or licensing of firearms, firearms attachments, or other weapons is otherwise lawful under the laws of this state, a person adversely affected by the ordinance, measure, enactment, rule, resolution, motion, or policy may file suit in the appropriate court for declaratory and injunctive relief and all damages attributable to the violation. A court shall also award the prevailing party in any such lawsuit reasonable attorney fees and court costs.
- A political subdivision of the state may restrict the carrying, possession, or transportation of firearms or other dangerous weapons in the buildings or physical structures located on property under the political subdivision's control if adequate arrangements are made by the political subdivision to screen persons for firearms or other dangerous weapons and the political subdivision provides armed security personnel inside the building or physical structure where the restriction is to be in effect.
Iowa Code § 724.28
Purchase/Transfer Laws
When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g).Â
Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law. Â
In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms.Â
Iowa law:
A private person is not required to see a permit when selling or transferring a firearm to another person. However, the law states:
- A person shall not transfer a firearm to another person if the person knows or reasonably should know that the other person is ineligible to possess dangerous weapons pursuant to section 724.8B, is intoxicated as provided under the conditions set out in section 321J.2, subsection 1, or is prohibited from receiving or possessing a firearm under section 724.26 or federal law.
- A person shall not loan or rent a firearm to another person for temporary use during lawful activities if the person knows or reasonably should know that the other person is ineligible to possess dangerous weapons pursuant to section 724.8B, is intoxicated as provided under the conditions set out in section 321J.2, subsection 1, or is prohibited from receiving or possessing a firearm under section 724.26 or federal law.
- A person who transfers, loans, or rents a firearm in violation of this section commits a class "D" felony.
Iowa Code § 724.16
Firearm Classification and Accessory Restrictions
Firearm Devices
A person who sells or offers for sale a manual or power-driven trigger activating device constructed and designed so that when attached to a firearm increases the rate of fire of the firearm is guilty of an aggravated misdemeanor.
Iowa Code § 724.29
Magazine Capacity Restrictions
Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds. Â
Prohibited Areas - Where Firearms Are Prohibited Under State law
Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state.Â
Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas. Â
Iowa law: In Iowa, firearms are prohibited in the following locations:
- County courthouse (Iowa Code § 724.32)
- Gambling facilities, without express written permission (Iowa Admin. Code r. 491-5.4)
- State fair grounds, unless authorized by the board (Iowa Admin. Code r. 371-2.5)
- University campuses and functions, without express authorization (Iowa Admin. Code r. 681-9.1 (2) (g))
- City and county buildings IF security and screening procedures are in place (Iowa Code § 724.28 (4))
Iowa Schools
- A person who goes armed with, carries, or transports a firearm of any kind, whether concealed or not, on the grounds of a school commits a class "D" felony. For the purposes of this section, "school" means a public or nonpublic school…
- Subsection 1 does not apply to the following:
- A person who has been specifically authorized by the school to go armed with, carry, or transport a firearm on the school grounds for any lawful purpose.
- A peace officer when the officer's employment requires going armed, whether or not the peace officer or federal officer is acting in the performance of official duties.
- A member of the armed forces of the United States or of the national guard or person in the service of the United States, when the firearm is carried in connection with the person's duties as such.
- A correctional officer, when the officer's duties require the officer to carry a firearm, serving under the authority of the Iowa department of corrections.
- A person who for any lawful purpose carries an unloaded pistol, revolver, or other firearm inside a closed and fastened container or securely wrapped package that is too large to be concealed on the person.
- A person who for any lawful purpose carries or transports an unloaded pistol, revolver, or other firearm in a vehicle or common carrier inside a closed and fastened container or securely wrapped package that is too large to be concealed on the person or carries or transports an unloaded pistol, revolver, or other firearm inside a cargo or luggage compartment where the pistol or revolver will not be readily accessible to any person riding in the vehicle or common carrier.
- A law enforcement officer from another state when the officer's duties require the officer to carry a firearm
- A licensee under chapter 80A or an employee of such a licensee, while the licensee or employee is engaged in the performance of duties, and if the licensee or employee possesses a valid professional or nonprofessional permit to carry weapons issued pursuant to this chapter.
Iowa Code § 724.4B
School Buses
The driver shall not permit firearms or other weapons, nor ammunition, to be carried in the passenger compartment of any school vehicle transporting pupils.
Iowa Admin. Code r. 281-43.38
Iowa Rental Agreement Restriction
- If the landlord receives rental assistance payments under a rental assistance agreement administered by the United States department of agriculture under the multifamily housing rental assistance program, or receives housing assistance payments under a housing assistance payment contract administered by the United States department of housing and urban development under the housing choice voucher program, the new construction program, the substantial rehabilitation program, or the moderate rehabilitation program, a rental agreement shall not contain a provision or impose a rule that requires a person to agree, as a condition of tenancy, to a prohibition or restriction on the lawful ownership, use, or possession of a firearm, a firearm component, or ammunition within the tenant's specific rental unit. A landlord may impose reasonable restrictions related to the possession, use, or transportation of a firearm, a firearm component, or ammunition within common areas as long as those restrictions do not circumvent the purpose of this subsection. A tenant shall exercise reasonable care in the storage of a firearm, a firearm component, or ammunition. This subsection does not apply to any prohibition or restriction that is required by federal or state law, rule, or regulation.
- A provision prohibited by this section included in a rental agreement is unenforceable. If a landlord willfully uses a rental agreement containing provisions known by the landlord to be prohibited, a tenant may recover actual damages sustained by the tenant and not more than three months' periodic rent and reasonable attorney fees.
Iowa Code § 562A.11 (2) & (3)
Methods of Carry - Open Carry Laws
Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others. Â
Although open carry is legal in Iowa, it is not allowed in the capitol building or on the grounds surrounding the capitol building.
Iowa law:
The director shall establish, publish, and enforce rules regulating and restricting the use by the public of the capitol buildings and grounds and of the state laboratories facility in Ankeny. The rules when established shall be posted in conspicuous places about the capitol buildings and grounds and the state laboratories facility, as applicable. Any person violating any rule, except a parking regulation, shall be guilty of a simple misdemeanor. The rules shall prohibit a person, other than a peace officer, from openly carrying a pistol or revolver in the capitol building and on the grounds surrounding the capitol building including state parking lots and parking garages. However, this subsection shall not be construed to allow the director to prohibit the lawful carrying, transportation, or possession of any pistol or revolver in the capitol building and on the grounds surrounding the capitol building including state parking lots and parking garages by any person regardless of whether the person has a valid permit to carry weapons.
Iowa Code § 8A.322 (3)
No Weapons Signs
No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing. Â
In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.Â
Controlled Substance/Alcohol Laws
Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed. Â
Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”  Â
27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3)Â
Iowa law:
A person commits a serious misdemeanor if the person is intoxicated… and the person does any of the following:
- Carries a dangerous weapon on or about the person.
- Carries a dangerous weapon within the person's immediate access or reach while in a vehicle.
This section shall not apply to any of the following:
- A person who carries or possesses a dangerous weapon while in the person's own dwelling, place of business, or on land owned or lawfully possessed by the person.
- The transitory possession or use of a dangerous weapon during an act of justified self-defense or justified defense of another, provided that the possession lasts no longer than is immediately necessary to resolve the emergency.
Iowa Code § 724.4C
Vehicle and Transport Laws
Permit reciprocity and other differences between state regulation of firearms can create a difficult landscape for firearm owners to navigate while transporting firearms interstate. In 1968, and again in 1986, Congress set out to help hunters, travelers, and other firearm owners who were getting arrested for merely transporting firearms through restrictive states. To help simplify the complex web of state firearm laws, Congress passed the 1986 Firearm Owners Protection Act (“FOPA”) as part of Senate Bill 2414. The specific “safe harbor” provision of the law, often referred to as the “McClure-Volkmer Rule,” provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements. This federal law is covered in more detail in the federal law section of this database. Â
Beyond federal law, the laws of each state will impose additional restrictions, or protections, related to transporting firearms in a vehicle. Â
Storage Requirements
Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors. Â
It shall be unlawful for any person to store or leave a loaded firearm which is not secured by a trigger lock mechanism, placed in a securely locked box or container, or placed in some other location which a reasonable person would believe to be secure from a minor under the age of fourteen years, if such person knows or has reason to believe that a minor under the age of fourteen years is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, the minor lawfully gains access to the firearm without the consent of the minor's parent, guardian, or person having charge of the minor, and the minor exhibits the firearm in a public place in an unlawful manner, or uses the firearm unlawfully to cause injury or death to a person. This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person. A violation of this subsection is punishable as a serious misdemeanor.
Iowa Code § 724.22 (7)
Other Weapons Restrictions
COMING SOON!
Police Encounter Laws
Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession.Â
In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state.Â
The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.  Â
In Iowa, there is no duty to inform a police officer of the possession of a firearm during a stop. However, Iowa does have a “Duty to Cooperate” law. It is very unclear what “Cooperate” means and the state legislature did not define it.
Iowa law:
A person carrying a dangerous weapon whose behavior creates a reasonable suspicion that the person presents a danger to the person's self or others shall cooperate with an investigating officer.
Iowa Code § 724.4D
Red Flag or Emergency Risk Orders
Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions.Â
Use of Force in Defense of Person
The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws. Â
Iowa law:
A person is justified in the use of reasonable force when the person reasonably believes that such force is necessary to defend oneself or another from any actual or imminent use of unlawful force. (Iowa Code § 704.3)
"Reasonable force" means that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one's life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat. (Iowa Code § 704.1 (1))
Iowa Code § 704.3 and Iowa Code § 704.1 (1)
Iowa Self-Defense Jury Instructions
To justify homicide on the ground of self-defense, four elements must be present:
- The slayer must not be the aggressor in provoking or continuing the difficulty that resulted in the homicide;
- He must retreat as far as is reasonable and safe before taking his adversary’s life, except in his home or place of business;
- He must actually and honestly believe he is in imminent danger of death or great bodily harm and that the action he takes is necessary for self-preservation - this danger need not be real, but only thought to be real in the slayer’s mind, acting as a reasonable prudent person under the circumstances;
- He must have reasonable grounds for such relief
State v. Badgett, 167 N.W.2d 680, 683 (Iowa 1969)
Iowa Forcible Felonies
A person who reasonably believes that a forcible felony is being or will imminently be perpetrated is justified in using reasonable force, including deadly force, against the perpetrator or perpetrators to prevent or terminate the perpetration of that felony.
A "forcible felony" is any felonious child endangerment, assault, murder, sexual abuse, kidnapping, robbery, human trafficking, arson in the first degree, or burglary in the first degree.
Iowa Code § 704.7 and Iowa Code § 702.11 (1)
Use of Force in Defense of Others
Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state. Â
Use of Force in Defense of Habitation
The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.  Â
Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all.Â
Iowa law:
For purposes of this chapter, a person is presumed to reasonably believe that deadly force is necessary to avoid injury or risk to one's life or safety or the life or safety of another in either of the following circumstances:
- The person against whom force is used, at the time the force is used, is doing any of the following:
- Unlawfully entering by force or stealth the dwelling, place of business or employment, or occupied vehicle of the person using force, or has unlawfully entered by force or stealth and remains within the dwelling, place of business or employment, or occupied vehicle of the person using force.
- Unlawfully removing or is attempting to unlawfully remove another person against the other person's will from the dwelling, place of business or employment, or occupied vehicle of the person using force.
- The person using force knows or has reason to believe that any of the conditions set forth in paragraph "a" are occurring.
Iowa Code § 704.2A (1)
Use of Force in Defense of Property
Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.Â
Iowa law:
A person is justified in the use of reasonable force to prevent or terminate criminal interference with the person's possession or other right in property. Nothing in this section authorizes the use of any spring gun or trap which is left unattended and unsupervised and which is placed for the purpose of preventing or terminating criminal interference with the possession of or other right in property.
Aiding Another in the Defense of Property
A person is justified in the use of reasonable force to aid another in the lawful defense of the other person's rights in property or in any public property.
Iowa Code § 704.4 and Iowa Code § 704.5
Self-Defense Immunity
To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits.Â
Immunity
A person who is justified in using reasonable force against an aggressor in defense of oneself, another person, or property pursuant to section 704.4 is immune from criminal or civil liability for all damages incurred by the aggressor pursuant to the application of reasonable force.
Civil Liability
- A person who injures or causes the death of the aggressor through application of reasonable force in defense of the person's person or property shall not be held civilly liable for such injury or death.
- A person who injures or causes the death of the aggressor through application of reasonable force in defense of a second person shall not be held civilly liable for such injury or death.
Iowa Code § 704.13 and Iowa Code § 707.6
Duty to Retreat
A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations.Â
Iowa law:
A person who is not engaged in illegal activity has no duty to retreat from any place where the person is lawfully present before using force as specified in this chapter.
Iowa Code § 704.1 (3)
Self-Defense Limitations
Iowa law:
The defense of justification is not available to the following:
One who is participating in a forcible felony, or riot, or a duel.
One who initially provokes the use of force against oneself, with the intent to use such force as an excuse to inflict injury on the assailant.
One who initially provokes the use of force against oneself by one's unlawful acts, unless:
Such force is grossly disproportionate to the provocation, and is so great that the person reasonably believes that the person is in imminent danger of death or serious injury or
The person withdraws from physical contact with the other and indicates clearly to the other that the person desires to terminate the conflict but the other continues or resumes the use of force.
Iowa Code § 704.6
Use of Force Considerations
COMING SOON!
Use of Force Against Animals
Iowa law:
- A person commits animal abuse when the person intentionally, knowingly, or recklessly acts to inflict injury, serious injury, or death on an animal by force, violence, or poisoning.
- This section shall not apply to any of the following:
- An owner of the animal, or a person acting with the consent of the owner, who euthanizes an animal in a reasonable manner, if at the time of the euthanasia, the animal is in a state of permanent pain or suffering.
- A person acting to carry out an order issued by a court.
- A veterinarian practicing veterinary medicine as provided in chapter 169.
- A person acting in order to carry out another provision of law which allows the conduct.
- A person taking, hunting, trapping, or fishing for a wild animal as provided in chapter 481A.
- A person acting to protect the person's property from a wild animal as defined in section 481A.1.
- A person acting to protect a person from injury or death caused by a wild animal as defined in section 481A.1.
- A person reasonably acting to protect the person's property from damage caused by an unconfined animal.
- A person reasonably acting to protect a person from injury or death caused by an unconfined animal.
- A local authority reasonably acting to destroy an animal, if at the time of the destruction, the owner of the animal is absent or unable to care for the animal, and the animal is permanently distressed by disease or injury to a degree that would result in severe and prolonged suffering.
- A research facility, as defined in section 162.2, if the research facility has been issued or renewed a valid authorization by the department pursuant to chapter 162, and performs functions within the scope of accepted practices and disciplines associated with the research facility.
- An act required to be carried out by a commercial establishment to care for an animal in its possession or under its control as described in section 162.10A, subsection 1, provided that the commercial establishment complies with applicable standard of care requirements pursuant to subsections 1 and 2 of that section.
- A person who commits animal abuse that causes injury, other than serious injury or death, to an animal is guilty of a serious misdemeanor.
- A person who commits animal abuse that causes serious injury or death to an animal is guilty of an aggravated misdemeanor.
- Notwithstanding subsection 4, a person who commits animal abuse that causes serious injury or death to an animal is guilty of a class "D" felony if the person has previously been convicted of committing animal abuse pursuant to this section, animal neglect punishable as a serious misdemeanor or aggravated misdemeanor pursuant to section 717B.3, animal torture pursuant to section 717B.3A, injury to or interference with a police service dog pursuant to section 717B.9, bestiality pursuant to section 717C.1, or an act involving a contest event prohibited in section 717D.2.
Iowa Code § 717B.2
It shall be lawful for any person, and the duty of all peace officers within their respective jurisdictions unless such jurisdiction shall have otherwise provided for the seizure and impoundment of dogs, to kill any dog for which a rabies vaccination tag is required, when the dog is not wearing a collar with rabies vaccination tag attached.
Iowa Code § 351.26
Cases to Watch
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