January 22, 2011
ATTN: David Hineline
RE: Question on Carry Permit in Iowa & Carrying NFA Firearms
Your Nebraska carry permit does allow you to carry firearms and other dangerous weapons in Iowa. The ability to also carry NFA firearms under the authority of your Nebraska permit is less clear. In our discussion of this question, the following was considered:
? A person, such as you, who has a federal firearms license to manufacture and/or sell NFA firearms can possess offensive weapons while engaged in the business of supplying those authorized to possess such devices or while engaged in the manufacture of such devices. [Iowa Code ? 724.2(5 & 6)]
? The definition of dangerous weapons includes any offensive weapon. [Iowa Code ? 702.7]
? A carry permit issued by Iowa to an Iowa resident and a carry permit issued by any other state to a nonresident allows the carrying of dangerous weapons, either concealed or not concealed.
Our consideration and interpretation of these facts leads to the conclusion that a valid carry permit would allow the open or concealed carry of offensive weapons while the permit holder is engaged in the business of supplying those authorized to possess such devices or while engaged in the manufacture of such devices. This would be somewhat analogous to the ability to carry pursuant to an Iowa professional permit in that the carrying of offensive weapons would be contingent upon the person being engaged in the identified business at the time that such offensive weapons are being carried. This limitation would apply only to offensive weapons; other dangerous weapons could be carried openly or concealed at any time and at any place other than where prohibited by statute.
Please note that this is only our interpretation. Another law enforcement agency or prosecutor might interpret this differently.
724.2 AUTHORITY TO POSSESS OFFENSIVE WEAPONS.
Any of the following is authorized to possess an offensive weapon
when the person's duties or lawful activities require or permit such
possession:
5. Any person who under the laws of this state and the United
States, is lawfully engaged in the business of supplying those
authorized to possess such devices.
6. Any person, firm or corporation who under the laws of this
state and the United States is lawfully engaged in the improvement,
invention or manufacture of firearms.
724.4 CARRYING WEAPONS.
1. Except as otherwise provided in this section, a person who
goes armed with a dangerous weapon concealed on or about the person,
or who, within the limits of any city, goes armed with a pistol or
revolver, or any loaded firearm of any kind, whether concealed or
not, or who knowingly carries or transports in a vehicle a pistol or
revolver, commits an aggravated misdemeanor.
2. A person who goes armed with a knife concealed on or about the
person, if the person uses the knife in the commission of a crime,
commits an aggravated misdemeanor.
3. A person who goes armed with a knife concealed on or about the
person, if the person does not use the knife in the commission of a
crime:
a. If the knife has a blade exceeding eight inches in length,
commits an aggravated misdemeanor.
b. If the knife has a blade exceeding five inches but not
exceeding eight inches in length, commits a serious misdemeanor.
4. Subsections 1 through 3 do not apply to any of the following:
i. A person who has in the person's possession and who
displays to a peace officer on demand a valid permit to carry weapons
which has been issued to the person, and whose conduct is within the
limits of that permit. A person shall not be convicted of a
violation of this section if the person produces at the person's
trial a permit to carry weapons which was valid at the time of the
alleged offense and which would have brought the person's conduct
within this exception if the permit had been produced at the time of
the alleged offense.
702.7 DANGEROUS WEAPON.
A "dangerous weapon" is any instrument or device designed
primarily for use in inflicting death or injury upon a human being or
animal, and which is capable of inflicting death upon a human being
when used in the manner for which it was designed, except a bow and
arrow when possessed and used for hunting or any other lawful
purpose. Additionally, any instrument or device of any sort
whatsoever which is actually used in such a manner as to indicate
that the defendant intends to inflict death or serious injury upon
the other, and which, when so used, is capable of inflicting death
upon a human being, is a dangerous weapon. Dangerous weapons include
but are not limited to any offensive weapon, pistol, revolver, or
other firearm, dagger, razor, stiletto, switchblade knife, knife
having a blade exceeding five inches in length, or any portable
device or weapon directing an electric current, impulse, wave, or
beam that produces a high-voltage pulse designed to immobilize a
person.
Sam Knowles
Program Services Bureau
Iowa Dept. of Public Safety
wpinfo@dps.state.ia.us
