Sunday, January 10, 2010

A Follow Up to Firearms Dogma, Hype, Regurgitation, and Explanation.

This is Iowa specific, but since I've moved here I kept hearing that if you don't have a permit that you can't have pistol magazines loaded in your possession while on the road etc. and some have even uttered the most ridiculous thing...that they were considered "firearms". I had never really paid much mind to this as since moving here to Iowa we haven't gotten our permits to carry weapons, and I just load my mags at the range anyway. But as I'm scheduled to take my class this month I started brushing up on Iowa law and while visiting IowaCarry.org came across a thread that made mention of the mag issue. I asked what section of Iowa code addresses this issue as I had not seen any mention of loaded magazines in the section directly related to firearms and the carrying of weapons, as it is the section of IA Code that addresses this "issue" is Title XI Natural Resources, Subtitle 6, Chapter 483A, FISHING AND HUNTING LICENSES, CONTRABAND, AND GUNS.


483A.36 Manner of conveyance.

No person, except as permitted by law, shall have or carry a gun in or on a vehicle on a public highway, unless the gun is taken down or totally contained in a securely fastened case, and its barrels and magazines are unloaded.

[C24, 27, 31, §1772; C35, §1794-e21; C39, §1794.104; C46, 50, 54, 58, 62, 66, §110.23; C71, 73, 75, 77, §110.24; C79, 81, §110.36]

86 Acts, ch 1240, §10

C93, §483A.36

For applicable scheduled fine, see §805.8B, subsection 3, paragraph r

OK, so I can see where people would get the idea that you can't have magazines loaded, but here's the problem.


483A.35 "Gun" defined.

The word "gun" as used in this chapter shall include every kind of a gun or rifle, except a revolver or pistol, and shall include those provided with pistol mountings which are designed to shoot shot cartridges.

[C31, §1772-c1; C35, §1794-e20; C39, §1794.103; C46, 50, 54, 58, 62, 66, §110.22; C71, 73, 75, 77, §110.23; C79, 81, §110.35]C93, §483A.35


So I don't know where people are getting this crap about driving to and from the range with loaded pistol mags being a no no. This code is under the hunting and fishing section of the law and they probably just don't want people driving around with their bird guns loaded, but as they do mention long guns, to be on the safe side keep your mags and chambers empty if taking long guns to the range.


Sooooo...


Contrary to popular belief, you CAN have your pistol magazines loaded while in transit, if you do get stopped and they charge you with a violation of 483A.36 (For violations of section 483A.36 relating to the conveyance of guns: (1) For conveying an assembled, unloaded gun, the scheduled fine is twenty-five dollars. (2) For conveying a loaded gun, the scheduled fine is fifty dollars) I suggest that you fight the charge as the law clearly states that it does not apply to pistols or revolvers.


Having a permit to carry weapons should negate all this babble anyhow, but it's just nice to know the FACTS about the law and hopefully I can now better dispel this BS when it's heard.
____________________________________________________________________
ADDED 2-20-11

The above law regarding the transport of long guns has changed in the 2010 session, you can not transport long guns that have detachable magazines with the magazines loaded provided they are not attached to the long gun.

This is the newly worded code:


483A.36 Manner of conveyance.

A person, except as permitted by law, shall not have or carry a gun in or on a vehicle on a public highway, unless the gun is taken down or totally contained in a securely fastened case, and its barrels and attached magazines are unloaded.

[C24, 27, 31, §1772; C35, §1794-e21; C39, §1794.104; C46, 50, 54, 58, 62, 66, §110.23; C71, 73, 75, 77, §110.24; C79, 81, §110.36]

86 Acts, ch 1240, §10

C93, §483A.36

2010 Acts, ch 1113, §1

For applicable scheduled fine, see §805.8B, subsection 3, paragraph q

Section amended


Enjoy!

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