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Old July 28, 2010, 04:33 PM   #1
J A
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Private party sales in Iowa

Did the signing of the new Carry Law in Iowa change private party sales? I was told today that ANY handgun sales in Iowa now require a Permit To Purchase or equivalant CCW. The person telling me this consulted the county sheriff today and was told this. Does state law supersede federal law????
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Old July 28, 2010, 04:42 PM   #2
markj
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I hadnt heard this, a person to person sale? I would ask just to be sure the buyer was OK but I dont think a FFL transfer is in order. Ask a gun shop FFL, he may know more about it. Call the Double Barrel in Missouri Valley, they do me right.
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Old July 28, 2010, 05:00 PM   #3
NavyLT
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Or read the Iowa Statute:

http://www.legis.state.ia.us/IACODE/2001/724/15.html

724.15 Annual permit to acquire pistols or revolvers.
1. Any person who acquires ownership of any pistol or revolver shall first obtain an annual permit. An annual permit shall not be issued to any person unless:

a. The person is twenty-one years of age or older.

b. The person has never been convicted of a felony.

c. The person is not addicted to the use of alcohol or a controlled substance.

d. The person has no history of repeated acts of violence.

e. The person has never been convicted of a crime defined in chapter 708, except "assault" as defined in section 708.1 and "harassment" as defined in section 708.7.

f. The person has never been adjudged mentally incompetent.

2. Any person who acquires ownership of a pistol or revolver shall not be required to obtain an annual permit if:

a. The person transferring the pistol or revolver and the person acquiring the pistol or revolver are licensed firearms dealers under federal law;

b. The pistol or revolver acquired is an antique firearm, a collector's item, a device which is not designed or redesigned for use as a weapon, a device which is designed solely for use as a signaling, pyrotechnic, line-throwing, safety, or similar device, or a firearm which is unserviceable by reason of being unable to discharge a shot by means of an explosive and is incapable of being readily restored to a firing condition; or

c. The person acquiring the pistol or revolver is authorized to do so on behalf of a law enforcement agency.

d. The person has obtained a valid permit to carry weapons, as provided in section 724.11.

e. The person transferring the pistol or revolver and the person acquiring the pistol or revolver are related to one another within the second degree of consanguinity or affinity unless the person transferring the pistol or revolver knows that the person acquiring the pistol or revolver would be ineligible to obtain a permit.

3. The annual permit to acquire pistols or revolvers shall authorize the permit holder to acquire one or more pistols or revolvers during the period that the permit remains valid. If the issuing officer determines that the applicant has become disqualified under the provisions of subsection 1, the issuing officer may immediately invalidate the permit.
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Old July 28, 2010, 05:18 PM   #4
J A
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Thanks NavyLT

That answers my question pretty clearly.
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Old July 29, 2010, 04:47 PM   #5
markj
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Quote:
724.15 Annual permit to acquire pistols or revolvers.
1. Any person who acquires ownership of any pistol or revolver shall first obtain an annual permit. An annual permit shall not be issued to any person unless:
This is tied to the new CCP Iowa is now a shall issue this law was added and the whole thing doesnt take effect till jan 1 2011.

As I said, call a Iowa FFL just to be sure or go down to the sheriffs office for clarification. The laws are changing here so make sure of this before you make any mistake.

I sold a gun 4 months ago to a guy face to face, of course he is a neighbor and carries concealed so Ididnt bother to ask to see it, if a stranger or someone I dont know well, I would ask to see it, if he didnt have it then off to a FFL. just to cover my own rear end.
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Old July 29, 2010, 05:02 PM   #6
NavyLT
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Quote:
Originally Posted by markj
This is tied to the new CCP Iowa is now a shall issue this law was added and the whole thing doesnt take effect till jan 1 2011.
Ummmm...... how can I put this simply..... no. The statute posted is the current statute in effect.

If you don't believe me, maybe you will believe the Iowa Department of Public Safety, but I doubt it.....

http://www.dps.state.ia.us/asd/wpind...0Firearms%20in

Quote:
Iowa Weapons Laws

IOWA STATE SHERIFFS' AND DEPUTIES' ASSOCIATION

Brochure Updated July, 2005

IOWA DEPARTMENT OF
PUBLIC SAFETY

...

Buying or Acquiring Firearms

The Gun Control Act of 1968 and the Brady Handgun Control Act require that persons must meet certain requirements before taking possession of firearms from federally licensed firearms dealers. These are listed in the section entitled Acquiring and Possessing Firearms in Iowa. A background check through the National Instant Check System (NICS) is required to ensure that these qualifications are met.

Rifles and Shotguns

If a federally licensed dealer runs a NICS check prior to the sale of a rifle or shotgun and the person is disqualified, the dealer will be told to deny the sale but will not be told the reason. If the person believes the denial to be in error and wants to appeal, this can be done on forms available through the dealer.

Under federal law, if a person has a valid Iowa permit to acquire or permit to carry, a federally licensed dealer may transfer a firearm to the permit holder without running a NICS check.

Handguns

Iowa law also requires a person to have a valid Iowa permit to acquire or permit to carry before acquiring a handgun. This applies to both dealer sales and private transactions. A handgun may generally be transferred from one family member to another without a permit as long as the person receiving the handgun meets the state and federal requirements for possession.
The law has been in effect since at least July, 2005
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Old July 30, 2010, 03:08 PM   #7
J A
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NavyLT

My local Sheriff concurs with you on this.
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Old July 30, 2010, 04:58 PM   #8
markj
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Quote:
The law has been in effect since at least July, 2005
Good for checking, I have a permit and have had one since moving here years ago so I never am checked with the phone call. Used to be a 7 day wait if you didnt have the permit. That must have gone away now. I did see this on the new CCP laws so since I didnt check it out I was wrong. tis why I ask the proper authorities.

As I said always check the law with someone that knows before making any kind of mistake.

I have bought a handgun from a person at a gun show face to face, no permit asked, no form to fill out. I did offer to show tho and these guys are always at the gun show with a few guns. Maybe this too is going to change?

Sorry LT, I dont follow a persons advise without knowing that person so I always suggest checking to be sure, CYA is huge for me.

J A, good for asking, the sheriff, now you know for sure without a doubt.
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Old July 31, 2010, 11:02 AM   #9
NavyLT
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Quote:
Sorry LT, I dont follow a persons advise without knowing that person so I always suggest checking to be sure, CYA is huge for me.
That's exactly why I post quotes from actual, real, official published statutes enacted by state legislatures vice "I heard this from FFL, Sheriff, Bob down the street, etc".
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