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EspañolIf the abuser has been convicted of a crime, can s/he keep or buy a gun?
Whether the abuser can legally have a gun depends on:
- which crime(s) s/he was convicted of; and
- which state and federal laws apply.
Under Iowa law, a person cannot have a firearm if s/he:
- has been convicted of a felony in federal or state court;
- has been found responsible in juvenile court (“adjudicated delinquent”) for conduct that would have been a felony if s/he were an adult; or
- has been convicted of a misdemeanor crime of domestic violence.1
In addition, Iowa state law says that a person cannot get an optional firearms permit if s/he has been convicted of any serious or aggravated misdemeanor defined in chapter 708 of the Iowa Code. The crime did not have to include the use of a firearm, but the abuser must have been convicted within the last three years.2
If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, may restrict an abuser’s right to have a gun. Go to our Federal Gun Laws page for more information.
1 Iowa Code § 724.26(1), (2)
2 Iowa Code § 724.8(5)
How can I find out if the abuser has been convicted of a crime?
Criminal records are open to the public, but they are not always easy to get to. If you know which courthouse the abuser’s case was in, you can go there and ask the clerk of court for access to those records.
Some criminal records are also kept in the federal government’s National Instant Criminal Background Check System (NICS). However, only law enforcement officials and licensed firearm sellers are allowed to search the NICS. Your local police department may be willing to search NICS for you if you ask, but they don’t have to.
To read more about the NICS and background checks for gun buyers, see What will happen if the abuser tries to buy a gun?
