Hunting Season and Felons in Possession of Firearms
Every year about this time many folks in Iowa start thinking about getting out in the field and doing a little fall hunting. One of the consequences for law enforcement is dealing with a number of people with old felony convictions who are dumfounded at facing serious consequences for doing what comes naturally to many Iowans.
In particular, one of my cases at the county attorney's office was just such an occurrence. Two fellows were on their way back from a day out in the field, there was a Ruger Mini-14 rifle in the truck, and the passenger had a couple of rounds in his pocket and a DUI-third offense conviction a number of years ago.
All of which makes the following very interesting. A correspondent has told me that he has a son who will soon receive the gift that keeps on giving-a felony conviction-and he has heard that his son might be able to hunt with a muzzle loader and wonders what he needs to do with the firearms he has in the home.
As to whether a felon can legally possess a black powder firearm, the answer is decidedly NO. Although 724.3 of the code excerpts black powder firearms from the definition of offensive weapons that are prohibited to certain persons, 724.26 prohibits felons from possessing ANY firearm OR offensive weapon.
"Firearm" is not defined in the Code, however, State v. Lawr, 263 N.W.2d 747 (Iowa 1978) defines a firearm as "a small arms weapon from which a projectile is fired by gunpowder".
In addition to Iowa law, under 18 U.S.C. 922g, possession by felons of ANY firearm or ammunition that has been shipped or transported in interstate commerce is prohibited.
Further, my correspondent is taking a mighty big risk for his son and himself by having firearms anywhere in his home or vehicle when his son's around.
posted by Robert Luedeman semi retired attorney and amp mechanic @ 9:04 AM
15 comments
15 Comments:
you wrote Firearm" is not defined in the Code, however, State v. Lawr, 263 N.W.2d 747 (Iowa 1978) defines a firearm as "a small arms weapon from which a projectile is fired by gunpowder".,,, gun powder is not black powder or piradex so this canot apply state and federal do not define 1898 wepons and replicas as such . also you wrote . In addition to Iowa law, under 18 U.S.C. 922g, possession by felons of ANY firearm or ammunition that has been shipped or transported in interstate commerce is prohibited.
.. once again this is not refering to black powder guns or their ammo this is for the defenitions for moderen wepons, also you wrote 724.26 prohibits felons from possessing ANY firearm OR offensive weapon. yes but once again this does not call into account antique wepons as they r not defined by state or federal laws as fierarms so has any one in iowa a felon been convicted under these terms having black powder wepons? you can email me dbfdeano@hotmail.com with the answer thank you
I disagree. Saying that gunpowder is not black powder or pyrodex is a distinction without a difference. Both gunpowder and blackpowder do exactly the same thing. In addition, what's in federal law does not control state law.
Better the law be changed to say "Propellant". There are some large bore air rifles out there on the market that can bring down big game. Lewis and Clark used one on their expedition to open up the Northwest. While they might not be in the .30-06 league, they fire harder than a 1911 .45 cal.
all firearm laws are stupid
Can a fellon use a a muzzleloader foot dear hunting in iowa?
it is illegal for a felon to possess black powder and gun powder but other propellants are not under federal or state laws, its been this way 50 years the smart felons have known this and hunted with no law enforcement intrusions on their rights, no felon has ever been convicted in iowa of possessing a black powder gun unless they brandish it first at some one then it becomes by law a fire arm , so does a cap gun or bb gun even a stick , there have been 1000s 0f felons convicted for having a firearm under the definitions of such which exclude cap and ball weapons.
This is bs. I am a felon and want to go deer hunting or at a range. Other states its permitted even a revolver to be carried in public. There is no place in Iowa that produces the guns or powder. When will this change?
So here in Iowa we cannot own any black powder or the riffle to shoot it?
Iowa may have laws about felons owning black powder, but the federal government says I can have 50 pounds of it so I'llong just say this because I've fought this battle and won you put 5k aside for a lawyer to a peal the federal court to take the case and it will get dismissed and with that paperwork state law is trumped out
I have actually been charged as possessing a firearm as a felon for a 44. Colt navy model 1851,and...the case was not only thrown out,THE POLICE HAD TO GIVE ME MY PISTOL BACK!!!! Anybody who claims you cannot own an antique firearm or replica thereof is lying,doesnt know,or is purposely spreading false information. My case is on Iowa courts online,state vs. Luster,might take you a while to find the right one lol. This issue is rested. Clearly,dont possess one while on probation or parole.
I had it explained to me by an officer at the Wallace building that under federal law you can possess a black powder because Federal law does not recognize one as a firearm. However the state of Iowa does recognize one as a firearm and you have to follow local laws before federal law. I really don't know but that's how it was broken down to me.
I cant find your case there is a state vs luster from Northeast iowa but he was convicted and sent to prison for 5 years for possession of a firearm by felon
Amen brother
I beleive under Federal Law.
Black powder and smokeless powder are classified differently.
Black powder I'd consider an explosive and smokeless powder is a propellant.
There are different rules for the sale and storage for both.
felons cant have black powder its a federal crime 20 years in club fed but u can use synthetics in your black powder guns trippel 7 pyrodex and several others but look at the ingredients in the powder make sure it has no black powder i had a friend doing 20 years for the stuff as long as u have a hunting license and no firearm's in the car or cartridge's just ur cap ball things ur safe i was told by a prosecutor in des Moines Iowa 12 years ago they have never convicted a singel felon with a black powder gun but im not up on any new laws and u cant just be totting them around or the feds can still get u for brandishing if ur wipping them out on people just hunt and protect ur home stay out of trouble now if anyone knows something different id like to hear it
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