Lautenberg Amendment

msille · February 11, 2009, 07:45 PM

I have been told by an Iowa attorney, that I can still possess muzzeloaders. I was one of the unfortunate who plead guilty to simple assault on a domestic abuse charge. (In iowa there is no self defense) Consequently I have had my gun rights stripped due to the Lautenberg Amendment. Can anyone help me answer this question? Can I own black powder guns. i am not a convicted felon.

**44 AMP** · February 14, 2009, 01:45 AM

balckpowder muzzleloading guns are not considered firearms (by the federal govt.). They can be mail ordered directly, for example. I think you can legally own them with a misdemeanor conviction, but the safe bet is to contact a lawyer for a valid legal opinion, including your state laws which may apply.

msille · February 16, 2009, 07:13 PM

Thank you for your time.

msille · February 19, 2009, 07:33 PM

Got two different answers from two different lawyers. Nobody seems to have the real truth with this.

musher · February 19, 2009, 07:44 PM

44amp is right, you aren't prohibited by federal law from owning things that aren't classed as firearms by the federal government. This includes all the black powder guns you can mail order.

State law in Iowa is an entirely different matter and may well preclude ownership of any type of gun. I would press the lawyer who told you it is illegal to point you to the section of the Iowa statutes and/or regulations that prohibits ownership of things like muzzle loaders.

blume357 · February 19, 2009, 08:03 PM

instead of paying lawyers to give you opinions, pay one to get the conviction abdicated or what ever... it can be done.

One of the biggest gun control methods in this country is making an ever increasing number of citizens 2nd class and having fewer rights.

the same average law abiding gun owner who gets all knotted up when banning a certain type of gun is proposed won't even blink an eye when 'they' talk about keeping guns out of the hands of criminals. everyone fails to recognize that most of the folks on the 'criminal list' are not criminals.

Dust Monkey · February 19, 2009, 09:51 PM

Listen to the last 2 posters. Quit wasting your $$ on Lawyers telling you what you cant do or asking them to point out a statute. Get with GOA, NRA or other pro 2a group. They have lists of Pro 2 A lawyers, some who specialize in getting your 2A rights back. IT can be done. If it means something to you to have your right to own a firearm reinstated, find a good lawyer and go after it. I wish you luck....

vranasaurus · February 19, 2009, 10:29 PM

There is no state level prohibition due to domestic violence misdemeanors in Iowa.

The prohibited category in Iowa is crimes punishable by more than one year improsnment except for crimes classified as misdemeanors and punishable by 2 years or less. See Iowa code 724.25 for the definition of felony and 724.26 for the prohibition.

Since you have no state level disability you need onlly be concerned with whats contained in federal law.

The real question you need to be asking a lawyer is if you get the governor to give you a special restoration of firearm rights would that relieve your federal disabilty. The requisite period is 5 years from the date of conviction to apply and last I checked there was about a 50% approval rate. If you have an extensive record I think you can forget it.

Iowa is different from the feds in that to be relieved from a state level firearms disability the pardon or restoration must specifically grant you the right to possess firearms. Essentially every felon who is through with parole gets every right sans firearms. Where as federal law requires that the pardon or restoration contain a statement that it does not restore firearm rights in order to not relieve a firearms disability. This why Iowa does special restorations of firearm rights because the general restoration the governor does, does not relieve the firearm disability.

When domestic violence misdemeanors the problem becomes you don't lose any rights at the state level upon conviction so it is unclear whether or not state procedures will actually work to restore your rights. If they didn't take anythign away how can hey give it back?

Your best bet would have been to get a deferred judgment. No conviction would have rsulted and you would not have suffered a disability.

msille · April 27, 2009, 06:51 PM

Thank you all for your replies. I ended up going through the Attorney General, who pointed me to the Department of Public Safety. There I got an affirmitive answer that in Iowa I can own black powder firearms. Felons in Iowa cannot own modern or black powder, but this crap from the Laughtenburg Ammendment has a loop hole and allows some of us to still bear arms, just takes longer to load haha.

February 11, 2009, 07:45 PM	#1
msille Junior Member Join Date: January 5, 2009 Posts: 13	Lautenberg Amendment I have been told by an Iowa attorney, that I can still possess muzzeloaders. I was one of the unfortunate who plead guilty to simple assault on a domestic abuse charge. (In iowa there is no self defense) Consequently I have had my gun rights stripped due to the Lautenberg Amendment. Can anyone help me answer this question? Can I own black powder guns. i am not a convicted felon.

February 14, 2009, 01:45 AM	#2
44 AMP Staff Join Date: March 11, 2006 Location: Upper US Posts: 28,803	for most things balckpowder muzzleloading guns are not considered firearms (by the federal govt.). They can be mail ordered directly, for example. I think you can legally own them with a misdemeanor conviction, but the safe bet is to contact a lawyer for a valid legal opinion, including your state laws which may apply. __________________ All else being equal (and it almost never is) bigger bullets tend to work better.

February 19, 2009, 08:03 PM	#6
blume357 Senior Member Join Date: August 2, 2005 Location: Greenville, SC Posts: 3,943	Another way to address the problem... instead of paying lawyers to give you opinions, pay one to get the conviction abdicated or what ever... it can be done. One of the biggest gun control methods in this country is making an ever increasing number of citizens 2nd class and having fewer rights. the same average law abiding gun owner who gets all knotted up when banning a certain type of gun is proposed won't even blink an eye when 'they' talk about keeping guns out of the hands of criminals. everyone fails to recognize that most of the folks on the 'criminal list' are not criminals.

February 19, 2009, 09:51 PM	#7
Dust Monkey Senior Member Join Date: April 24, 2007 Posts: 723	Listen to the last 2 posters. Quit wasting your $$ on Lawyers telling you what you cant do or asking them to point out a statute. Get with GOA, NRA or other pro 2a group. They have lists of Pro 2 A lawyers, some who specialize in getting your 2A rights back. IT can be done. If it means something to you to have your right to own a firearm reinstated, find a good lawyer and go after it. I wish you luck.... __________________ Civilian Date: 14 Century 1 : a specialist in Roman or modern civil law. If you are not subject to the UCMJ, you are a Civilian. I don't care one bit what updated dictionaries say.

April 27, 2009, 06:51 PM	#9
msille Junior Member Join Date: January 5, 2009 Posts: 13	Thank you Thank you all for your replies. I ended up going through the Attorney General, who pointed me to the Department of Public Safety. There I got an affirmitive answer that in Iowa I can own black powder firearms. Felons in Iowa cannot own modern or black powder, but this crap from the Laughtenburg Ammendment has a loop hole and allows some of us to still bear arms, just takes longer to load haha.

February 16, 2009, 07:13 PM	#3
msille Junior Member Join Date: January 5, 2009 Posts: 13	Thank you for your time.

February 19, 2009, 07:33 PM	#4
msille Junior Member Join Date: January 5, 2009 Posts: 13	Got two different answers from two different lawyers. Nobody seems to have the real truth with this.

February 19, 2009, 07:44 PM	#5
musher Senior Member Join Date: April 23, 2005 Posts: 462	44amp is right, you aren't prohibited by federal law from owning things that aren't classed as firearms by the federal government. This includes all the black powder guns you can mail order. State law in Iowa is an entirely different matter and may well preclude ownership of any type of gun. I would press the lawyer who told you it is illegal to point you to the section of the Iowa statutes and/or regulations that prohibits ownership of things like muzzle loaders.

February 19, 2009, 10:29 PM	#8
vranasaurus Senior Member Join Date: November 16, 2008 Posts: 1,184	There is no state level prohibition due to domestic violence misdemeanors in Iowa. The prohibited category in Iowa is crimes punishable by more than one year improsnment except for crimes classified as misdemeanors and punishable by 2 years or less. See Iowa code 724.25 for the definition of felony and 724.26 for the prohibition. Since you have no state level disability you need onlly be concerned with whats contained in federal law. The real question you need to be asking a lawyer is if you get the governor to give you a special restoration of firearm rights would that relieve your federal disabilty. The requisite period is 5 years from the date of conviction to apply and last I checked there was about a 50% approval rate. If you have an extensive record I think you can forget it. Iowa is different from the feds in that to be relieved from a state level firearms disability the pardon or restoration must specifically grant you the right to possess firearms. Essentially every felon who is through with parole gets every right sans firearms. Where as federal law requires that the pardon or restoration contain a statement that it does not restore firearm rights in order to not relieve a firearms disability. This why Iowa does special restorations of firearm rights because the general restoration the governor does, does not relieve the firearm disability. When domestic violence misdemeanors the problem becomes you don't lose any rights at the state level upon conviction so it is unclear whether or not state procedures will actually work to restore your rights. If they didn't take anythign away how can hey give it back? Your best bet would have been to get a deferred judgment. No conviction would have rsulted and you would not have suffered a disability.

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