Each state has its own respective set of rules prohibiting and allowing a private person to apply for and obtain a permit to carry a firearm. In the United States, 42 states require permits and each falls within one of three categories: “may issue” states with wide discretion; “shall issue” states with no discretion and “shall issue” states with limited discretion.
Iowa is a “shall issue” state with limited discretion. This means that if a private person applies for a gun permit and meets the statutory eligibility requirements that a gun permit must be issued to that person. However, in order to be eligible to be issued a gun permit in Iowa, the applicant must prove that he or she has completed certain safety training as outline in Iowa Code § 724.9.
To apply a person needs to fill out an Application and bring it to his or her local sheriff’s office. The fee to apply is $50 ($25 for renewal). Upon applying the issuing agency must run a background check on the applicant. Within 30 days from receipt of the application, the issuing agency will either approve or deny the application.
There are various ways in which a person can be ineligible to obtain a permit (or can have a permit be revoked). Some reasons for ineligibility include: if the applicant is not of legal age (21 years for non-professional permit), the applicant has a felony on his or her record, is subject to a protective Order or is restricted under one of various regulations under Federal Law.
Some of the “limited discretion” under the requirements under Iowa law are not crystal clear and an individual may be denied, suspended or revoked under impermissible grounds. If you have been denied, suspended or revoked and don’t agree with the written reasoning of the sheriff or the issuing agency, you have a right to appeal within 30 days of the issuing agency’s decision. There are even very limited scenarios in which a person who is ineligible or disqualified may get his or her firearm rights restored.
An experienced firearm rights attorney can review your case, denial, revocation or suspension and help you appeal any adverse decisions, and even potentially help you to get firearm rights restored. Whenever you're interacting with the criminal justice system, you shouldn't make a move without consulting a lawyer.
As a law firm founded by a former prosecutor, Ellis Law Offices, P.C. has a unique insight into the system that allows them to effectively represent and defend their clients' rights. Visit their website to learn more, or call (515) 962-9080 to schedule a strategy session with an accomplished gun rights attorney today. You can also like them on Facebook for the latest news and updates.
Nick Carda, an attorney at Ellis Law Offices, P.C., recently co-presented at a National Business Institute Continuing Legal Education Seminar with Captain Ben Hayek regarding the issuance and appeal of revocation, suspension and denial of permits to carry.