English
EspañolWhat is the difference between federal and state gun laws? Why do I need to understand both?
In these pages, we refer to two types of gun laws:
- Federal gun laws are laws that apply to all U.S. states and territories.
- State gun laws are specific to each state or territory.
The major differences between the two types of laws are:
- who makes the law;
- who prosecutes someone who breaks the law; and
- what the punishment is for breaking the law.
It’s important to know about both types of gun laws so you can understand all of the ways the abuser might break the law. This can help you protect yourself. In this section, we will mostly discuss your state’s gun laws. However, read our Federal Gun Laws pages to see if any federal laws also apply to your situation.
If you believe the abuser broke the law by having a gun, you can report it to the local police. You don’t need to be able to tell the police which law or if it’s a state or federal law. However, you should know that the local police can only arrest someone for breaking a state law. They cannot arrest someone for breaking a federal law. Only federal law enforcement can do that. The federal law enforcement agency that handles gun issues is the Bureau of Alcohol, Tobacco, and Firearms (“ATF”). If the abuser broke state and federal laws, s/he might be prosecuted in both state and federal courts.
| If the local police believe the abuser broke a… | Then they can… |
|---|---|
| state gun law | arrest the abuser and hand the case over to the local prosecutor. |
| federal gun law | tell the ATF or the federal prosecutor, called the U.S. Attorney, in your state. |
If you believe the abuser broke a federal law, you can also contact the ATF directly to report it. To learn how, go to Who do I notify if I think the abuser should not have a gun?
What is the definition of a felony in Iowa?
A felony is a more serious crime than a misdemeanor. In Iowa, a crime is a felony if it is listed as such in Iowa’s criminal laws.1 The individual law that defines a crime will explain whether it is a felony or a misdemeanor. You can go to our Selected Iowa Statutes page for definitions of some of the common crimes an abuser may have committed.
1 Iowa Code § 701.7
What is the definition of a misdemeanor crime of domestic violence in Iowa?
For the purposes of figuring out whether or not someone can have a gun, a “misdemeanor crime of domestic violence” is an assault committed by:
- the current or former spouse, parent, or guardian of the victim;
- a person with whom the victim shares a child in common;
- a person who is living with or has lived with the victim as a spouse, parent, or guardian; or
- a person who has a role in the victim’s life that is similar to a spouse, parent, or guardian.1
“Assault” for these purposes is defined in Iowa Code § 708.1, subsections (a) and (c).1
1 Iowa Code § 724.26(2)
Is a permit required to own or carry a gun in Iowa?
After a 2021 law change, no state permit is required to legally own or carry a “dangerous weapon,” including a loaded firearm.1 You can read the legal definition of a dangerous weapon in Iowa Code § 702.7 on our Selected Iowa Statutes page.2
If you are an Iowa resident, you can still get these permits, but they are optional.3
Even though a permit to carry a gun is optional in Iowa, a person can carry a gun only if they meet the permit requirements.4 To learn more about these requirements, go to the question Is it legal for an abuser to carry a gun?
1 See Iowa Code §§ 724.15(1); 724.5; see also Giffords Law Center, Licensing in Iowa
2 Iowa Code § 702.7
3 Iowa Code § 724.5; see also Iowa Department of Public Safety website
4 Iowa Code § 724.8B
I am a victim of domestic violence and the abuser has a gun. Is that legal?
In Iowa, it might be illegal for a person to have a firearm if:
- they have been convicted of certain crimes; or
- you have a permanent protective order against them.
If neither of these applies to you, see I do not have a protective order against the abuser, and they have not been convicted of a crime. Can they have a gun?
Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if there’s a restraining order against them that meets certain requirements, or if they have been convicted of a felony or domestic violence misdemeanor. Go to our Federal Gun Laws page for more information.
Note: Even if it is legal for a person to own a gun, it might not be legal for them to carry one. Please see Is it legal for an abuser to carry a gun? for more information.
Is it legal for an abuser to carry a gun?
It might not be legal for a person to carry a gun, even if it is legal for them to own one. In Iowa, a person cannot carry a gun if they:
- are illegally in possession of a controlled substance;
- are in the process of committing a crime; or
- don’t qualify for a permit to carry a gun.1
Even though a permit to carry a gun is optional in Iowa, a person can carry a gun only if they meet the permit requirements.2 This is true even if the person doesn’t actually apply for one. The permit requirements are that they:
- are 18 or older;
- are not addicted to alcohol;
- have not been convicted of any serious or aggravated misdemeanor defined in chapter 708 of the Iowa Code within the last three years;
- have not been convicted of a felony;
- have not been “adjudicated delinquent” as a minor for actions that would be a felony if committed by an adult;
- are not prohibited from having a gun under federal or state law; and
- have not done something specific within the last two years that shows “probable cause” that they are likely to use a weapon unlawfully, or likely to harm themselves or others. Note: The person’s actions must be documented.1
If any of these situations apply to the abuser, it may be illegal for them to carry a gun.
1 Iowa Code §§ 724.8B; 724.8; see also Iowa Department of Public Safety website
2 Iowa Code § 724.8B
