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Transportation of weapon through Iowa
http://www.twincitiescarry.com/forum/viewtopic.php?f=24&t=14134
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Author:  Chunkychuck [ Wed Sep 16, 2009 1:44 pm ]
Post subject:  Transportation of weapon through Iowa

I was researching Iowa law since I am about to get my permit to carry from MN and wanted to be sure I understood what I can do as far as transporting my weapon when traveling through Iowa. I found this and this would seem to say that even if my pistol was locked in a case per 926a my magazine would need to be unloaded as well, unless 926a fulfills the requirement of "except as permitted by law". Thanks for any assistance you can give.


483A.36 Manner of conveyance.
No person, except as permitted by law, shall have or carry a gun in or on a vehicle on a public highway, unless the gun is taken down or totally contained in a securely fastened case, and its barrels and magazines are unloaded.
[C24, 27, 31, §1772; C35, §1794-e21; C39, §1794.104; C46, 50, 54, 58, 62, 66, §110.23; C71, 73, 75, 77, §110.24; C79, 81, §110.36]
86 Acts, ch 1240, §10
C93, §483A.36
For applicable scheduled fine, see §805.8B, subsection 3, paragraph r

Author:  DeanC [ Wed Sep 16, 2009 1:58 pm ]
Post subject:  Re: Transportation of weapon through Iowa

Chunkychuck wrote:
even if my pistol was locked in a case per 926a my magazine would need to be unloaded as well

It looks that way to me.

Author:  jdege [ Wed Sep 16, 2009 3:33 pm ]
Post subject:  Re: Transportation of weapon through Iowa

It's possible that that language has been interpreted by the courts to apply only to magazines that were inserted into the gun, or were contains in the same case as the gun, and that loaded magazines outside the gun, or elsewhere in the vehicle, are not a problem.

So I'd not read that language and assert as fact that you need to have your magazines unloaded. But I would suggest that it would be wise to assume so until you find someone who actually knows Iowa law.

Author:  Andrew Rothman [ Thu Sep 17, 2009 10:41 pm ]
Post subject:  Re: Transportation of weapon through Iowa

That is what Iowa law says. The Iowa carry folks are trying to get it changed, with little success so far.

However, I am not a lawyer, but 18 U.S.C. 926a supersedes state law. As long as you are passing through, you only need to meet the less stringent of state and federal law.

So, you are technically fine as long as you comply with 926a.

Realistically, I wouldn't expect an Iowa cop to understand that, so while you'd certainly beat the rap, you might not beat the ride.

Quote:
TITLE 18--CRIMES AND CRIMINAL PROCEDURE

PART I--CRIMES

CHAPTER 44--FIREARMS

Sec. 926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or
regulation of a State or any political subdivision thereof, any person
who is not otherwise prohibited by this chapter from transporting,
shipping, or receiving a firearm shall be entitled to transport a
firearm for any lawful purpose from any place where he may lawfully
possess and carry such firearm to any other place where he may lawfully
possess and carry such firearm if, during such transportation the
firearm is unloaded, and neither the firearm nor any ammunition being
transported is readily accessible or is directly accessible from the
passenger compartment of such transporting vehicle: Provided, That in
the case of a vehicle without a compartment separate from the driver's
compartment the firearm or ammunition shall be contained in a locked
container other than the glove compartment or console.

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