Northwest Iowa — A new law that goes into effect next week makes permits to purchase and permits to carry handguns optional in Iowa.
The Iowa Legislature passed, and Governor Reynolds signed the bill into law, effective July 1st. Under the new law, people over the age of 21 would no longer be required to get a state-issued permit to buy or carry a handgun in the state.
Critics say the bill creates a loophole on private gun sales, since the state permit process for buying handguns, which will become optional, requires a background check. Supporters of the law say it gets rid of the state permission slip for a constitutional right under the 2nd amendment.
A provision of the new law makes it a felony crime for a private seller to sell a firearm to someone you “know, or should have known” was not permitted to have a gun. Which raises the question with sellers, “How am I supposed to know?” KIWA talked to Osceola County Attorney Nolan McGowan and posed that question to him. McGowan says that, sadly, with the law being brand new, there is no established procedure in place. But he suggested that, in order to protect themselves, private sellers should do as deep a background check as possible on the potential buyer BEFORE the transaction moves forward. He suggested that you utilize online resources such as Iowa Courts Online to check for felony convictions. He also said you may ask your County Sheriff’s Office to see what information they can provide. And, McGowan says, although the State of Iowa no longer requires a resident to acquire a Purchase or Carry Permit, as a seller you do have the right to require the potential buyer to provide a Permit to Purchase or a Permit to Carry before completing the sale. In fact, he thought keeping a photocopy of the buyer’s permit might be a good way to protect yourself.
And while you’ll no longer be required to get a permit in Iowa, there are a couple of reasons that you might want to:
Reciprocity — Several other states honor Iowa Carry Permits, meaning that, so long as you abide by the laws of the state you’re visiting, they’ll honor your right to carry a gun. Without an Iowa Permit there is NOTHING for that state to honor, thereby preventing you from carrying in that location.
Cutting the Red Tape — When you make a firearms purchase from an FFL, or Federal Firearms License dealer you are still required to fill out the NCIS Background Check paperwork. If you don’t have one of the optional Iowa Permits you will have to wait while they call in your information to the feds and wait while the feds conduct the background check, before you can take possession of your firearm. If you do have one of the optional permits, you just fill out the form and you’re on your way out the door, since you’ve already passed the required background check when you obtained your permit.
So, beginning next Thursday, July 1st, anyone 21 and over who is legally allowed to own a gun will be able to purchase and carry a handgun in the state of Iowa with or without a permit. Private sellers, however, according to attorney McGowan, should do everything in their power to make sure the prospective buyer is legally allowed to have a gun. He says that’s another important aspect to your self-protection.
