Eleanor Finch
On April 2, 2021, Iowa governor Kim Reynolds signed a contentious bill into law, allowing people to buy or carry handguns without a permit in the state. The bill, known as House File 756, ended the state's requirement for Iowans to obtain a permit to acquire or carry handguns, with supporters arguing that it protects the Second Amendment rights of Iowa's law-abiding citizens. However, opponents of the bill expressed concerns that it would make it easier for felons, domestic abusers, and individuals with mental illnesses to purchase handguns. As a result, Iowa joined a growing list of states that have similar constitutional carry provisions, marking a significant shift in the state's gun laws and sparking ongoing debates around public safety and gun rights.
| Characteristics | Values |
|---|---|
| Constitutional carry in Iowa | Passed |
| Date passed | 2nd April 2021 |
| Date effective | 1st July 2021 |
| Bill name | House File 756 |
| Bill status | Signed into law by Gov. Kim Reynolds |
| Permit requirement | No longer required to obtain a permit to acquire or carry handguns |
| Background check | Required for buying a gun from a federally licensed dealer if no permit |
| Age requirement | 21 years or older |
| Age requirement for professional permits | 18 years or older |
| Permit cost | $25 for acquiring a handgun, $50 for carrying |
| Permit validity | 5 years |
| Training | Required for a concealed carry permit |
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What You'll Learn
Iowa's gun law changes
On April 2, 2021, Iowa Governor Kim Reynolds signed House File 756 into law, enacting a measure that eliminated the requirement for Iowans to obtain a permit to acquire or carry handguns. This law, commonly referred to as "constitutional carry," also loosened other state restrictions. As a result, Iowa joined 18 other states with similar constitutional carry provisions.
Prior to this law, Iowa required individuals to obtain a permit to acquire or carry handguns, which involved passing a background check. The new law made these permits optional, allowing Iowans to purchase and carry handguns without a permit. However, if they choose to forgo the permit, they must still pass a background check when buying a gun from a federally licensed dealer.
The constitutional carry law in Iowa has been a contentious issue. Supporters argue that it protects the Second Amendment rights of law-abiding citizens while preventing the sale of firearms to criminals and other dangerous individuals. It also includes provisions to inform law enforcement about individuals with mental illnesses, helping to ensure firearms don't end up in the wrong hands.
On the other hand, opponents of the law express concerns that it will make it easier for felons, domestic abusers, and individuals with mental health issues to acquire firearms. They argue that the previous permitting process provided an important safeguard by ensuring that all handgun buyers underwent a background check.
In addition to the constitutional carry provision, Iowa has made several other changes to its gun laws in recent years. For example, Iowa is a "shall-issue, permitless carry state," meaning that while permits are not required, they are still available to those who choose to obtain them. The state offers both professional and non-professional permits, with the minimum age being 18 and 21, respectively. Additionally, Iowa has a "stand your ground" law, which means that individuals have no duty to retreat before using force in self-defence or defence of others in a location they are legally allowed to be in.
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Background checks
Iowa's gun laws have undergone significant changes in recent years, particularly regarding background checks and permitting requirements for firearm ownership and carry.
Previously, Iowa required individuals to obtain a permit to acquire or carry handguns. This process included a federal background check conducted by a county sheriff. However, in 2021, Governor Kim Reynolds signed House File 756 into law, which made several significant changes to the state's gun laws.
One of the most notable changes was eliminating the requirement for Iowans to obtain a permit to acquire or carry handguns. As a result, individuals in Iowa can now choose to undergo a background check or present a permit when purchasing a handgun from a federally licensed dealer. This change sparked concerns from opponents, who argued that it would make it easier for individuals with a history of violence or mental illness to acquire firearms.
Despite the concerns, supporters of the new law argued that it protects the Second Amendment rights of law-abiding citizens while preventing firearms from falling into the wrong hands. They highlighted the increased focus on informing law enforcement about individuals' mental health issues, aiming to keep guns away from those who might pose a danger to themselves or others.
It is worth noting that Iowa has no State Constitutional right to keep and bear arms. However, the Iowa Constitution guarantees certain inalienable rights, including "defending life" and "protecting property." The state has also seen efforts to expand Second Amendment rights, such as bills aiming to lower the age requirement for gun ownership.
While the background check process in Iowa has evolved, it is important to recognize that the state still maintains certain restrictions on firearm ownership and carry. Iowa has reciprocity agreements with several states, allowing CCW permit holders to carry concealed firearms within the state. However, there are designated weapons-free zones and locations where carrying firearms is prohibited, including public or private schools, state buildings, and weapons-free zones. These restrictions aim to balance the rights of gun owners with the need to ensure public safety.
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Permits to carry
On April 2, 2021, Iowa Governor Kim Reynolds signed a contentious bill into law, eliminating the requirement for Iowans to obtain a permit to acquire or carry handguns. This law, known as the "constitutional carry" provision, took effect on July 1, 2021, making Iowa a "shall-issue, permitless carry state."
While the new law removed the mandatory requirement for permits, Iowans who wish to obtain a permit still can under a revamped optional system. There are two types of permits available: professional permits and non-professional permits. Professional permits are issued to individuals aged 18 and older who are employed in a capacity that reasonably justifies carrying a firearm. Non-professional permits are issued to individuals aged 21 and older who meet the permit requirements, including training. The permits are valid for five years and cost $50, with a renewal fee of $25.
Under the new law, Iowans purchasing handguns from federally licensed dealers have the option to either obtain a permit or pass a background check. This change has been criticized by some, who argue that it removes a safeguard that ensured individuals purchasing handguns in private sales had undergone a background check. In response, supporters of the bill highlight the provision that makes it a Class D felony to sell, rent, or loan a firearm to someone prohibited from owning one, which includes individuals with felony convictions, domestic abusers, and those with certain mental illnesses.
Iowa recognizes permits from all states and jurisdictions and offers resident and non-resident permits. Additionally, Iowa is a "stand your ground" state, meaning individuals have no duty to retreat from any place where they are lawfully present before using a justified level of force.
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Gun law opponents
Background Checks and Safeguards
Opponents argue that the previous permitting process ensured that individuals purchasing handguns, especially in private sales, had undergone a background check. By making permits optional, the new law removes this safeguard. They worry that it will now be easier for felons, domestic abusers, and individuals with mental illnesses to acquire firearms. This concern is heightened by the fact that Iowa does not require background checks for private handgun sales at the point of sale. While supporters argue that private sellers would be deterred by harsh penalties if they sell to prohibited individuals, opponents counter that private sellers may not always know if the buyer is ineligible, creating a loophole for unauthorized gun sales.
Training and Safety
Critics of the constitutional carry law worry that individuals will be able to purchase and carry firearms without any training on how to safely operate them. They argue that proper training helps reduce the risk of accidental shootings and promotes responsible gun ownership. The lack of mandatory training, combined with the removal of the permitting process, could potentially lead to an increase in gun-related incidents.
Impact on Gun Violence and Crime
Iowa has seen an increase in gun deaths over the past decade, with rates higher than the nationwide average. Opponents of the constitutional carry law are concerned that easing restrictions on gun ownership and carrying will contribute to further increases in gun violence and crime. They argue that the law makes it more challenging to prevent firearms from ending up in the wrong hands, despite assurances from Governor Kim Reynolds that it includes measures to inform law enforcement about individuals with mental illnesses.
Racial Disparities
Weakening of Gun Regulations
Critics see the constitutional carry law as a step backward in terms of gun regulation and violence prevention. They argue that Iowa's gun laws, which already included provisions like the \"Shoot First\" law, are being weakened further. This trend, they believe, will make it harder to protect communities and reduce gun-related harm. They advocate for stronger regulations, including universal background checks and stricter permitting processes, to address the issue of gun violence holistically.
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Gun law supporters
However, this change also faced opposition, with some arguing that it would make it easier for felons, domestic abusers, and those with mental illnesses to obtain firearms. The new law eliminates the requirement for a background check when purchasing a handgun, which was previously necessary to obtain a permit. This has raised concerns that individuals may be able to acquire firearms without any training on how to safely operate them.
Despite these concerns, Iowa continues to have certain gun control measures in place. The state bars individuals with felony convictions, domestic abusers, and those with certain mental illnesses from possessing firearms. Additionally, Iowa is a "stand your ground" state, allowing individuals to legally use force in self-defense or defense of others without a duty to retreat.
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Frequently asked questions
Yes, Iowa's governor signed constitutional carry into law in April 2021.
The new law makes it optional for Iowans to obtain a permit to carry or a permit to acquire handguns. If they choose not to get a permit, they must pass a background check when buying a gun from a federally licensed dealer.
The law was contentious, with opponents arguing that it would make it easier for felons, domestic abusers, and those prohibited based on mental illness to buy handguns in Iowa. Supporters of the law say that it protects the Second Amendment rights of Iowa's law-abiding citizens while still preventing the sale of firearms to criminals and other dangerous individuals.
Iowa residents aged 18 and older can obtain a professional permit if they need a gun for their job. For a non-professional permit, Iowa residents must be 21 or older.
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