Page 1 of 2 12 LastLast
Results 1 to 10 of 20
Like Tree3Likes

Thread: Help with DesMoines, IA municipality laws

  1. #1
    Join Date
    Mar 2011
    Location
    Missouri
    Posts
    47

    Default Help with DesMoines, IA municipality laws

    Going to DesMoines next month for 3 days for daughters regional BB tourney (have two girls on the team, only have 7 girls total on the team, and the team is 15-3 so far :) *mom brag moment*) and I have been reading up on Iowa gun laws and have State carry covered, but cannot find anything on any municipal laws for Des Moines. Anyone have a government link to the laws there?
    "I have tried to live my life so that my family would love me and my friends respect me. The others can do whatever the "heck" they please".-John Wayne





  2. Concealed Carry Giveaway
  3. #2
    Join Date
    Apr 2011
    Location
    Twin Cities area
    Posts
    22

    Default

    Cities don't make gun laws, states do. A municipality can't pass a law that supercedes a state law as far as I know. I'm not a lawyer, but as long as you follow the state laws, you should be fine.

  4. #3
    Join Date
    Feb 2012
    Posts
    8

    Default

    Chicago isn't a city?

  5. #4
    Join Date
    Mar 2011
    Location
    Missouri
    Posts
    47

    Default

    Quote Originally Posted by MCMXI View Post
    Cities don't make gun laws, states do. A municipality can't pass a law that supercedes a state law as far as I know. I'm not a lawyer, but as long as you follow the state laws, you should be fine.
    Three words: New York City
    That is what I am trying to avoid.
    "I have tried to live my life so that my family would love me and my friends respect me. The others can do whatever the "heck" they please".-John Wayne

  6. #5
    Join Date
    Feb 2012
    Posts
    8

    Default

    Case in point. Kansas is an open carry state. However, the city of Wichita is not. Try explaining to the judge he has no authority to supersede state law at your hearing.

  7. #6
    Join Date
    Feb 2012
    Posts
    8

    Default

    Also, why can I reply to post but can't start one?

    I have s similar question about Kansas laws.

  8. #7
    Join Date
    Jan 2009
    Posts
    3,244

    Default

    Quote Originally Posted by MCMXI View Post
    Cities don't make gun laws, states do. A municipality can't pass a law that supercedes a state law as far as I know. I'm not a lawyer, but as long as you follow the state laws, you should be fine.
    That only applies in states where the legislature has written a law, called a preemption statute, which prevents cities from restricting firearms further than state laws. According to:

    OpenCarry.org - State Information For Iowa

    Iowa does have full preemption, therefore Des Moines would be prohibited from having their own ordinances.

    To doublebarr:

    Keep in mind it is against Federal law to possess a firearm that is not unloaded and locked in a case within 1000' of the premises of a school, unless you possess a permit issued by the state in which the school zone is located (in this case, an Iowa permit). (With a couple other exceptions such as private property)
    Quote Originally Posted by Flanmedic51 View Post
    Again, you turn it into a rights thing when it only gives the LEO more ability to enforce laws and provide public safety.
    I am not anti-cop, I am pro-Constitution.

  9. #8
    Join Date
    Feb 2012
    Posts
    24

    Default

    I live in Des Moines, and to my knowledge, we don't have any city laws. I am accompanying my wife to her permit class this weekend, and will try to make sure that is the case.

  10. #9
    Join Date
    Mar 2011
    Location
    Missouri
    Posts
    47

    Default

    Quote Originally Posted by NavyLCDR View Post
    That only applies in states where the legislature has written a law, called a preemption statute, which prevents cities from restricting firearms further than state laws. According to:

    OpenCarry.org - State Information For Iowa

    Iowa does have full preemption, therefore Des Moines would be prohibited from having their own ordinances.

    To doublebarr:

    Keep in mind it is against Federal law to possess a firearm that is not unloaded and locked in a case within 1000' of the premises of a school, unless you possess a permit issued by the state in which the school zone is located (in this case, an Iowa permit). (With a couple other exceptions such as private property)
    This is what is worrying me:
    http://www.handgunlaw.us/documents/a...AGOp03_4_1.pdf

    I dont' know if it's moved beyond this yet and I don't care to be the "test case" if it has :).

    Also, we are part of the National Homeschool Tournament. We do not have "school buildings" but rent venues to play at. Fortunately, none are schools that we start out at. Depending on how well we do, I might have to use the hotel safe the last day or not as the finals are at the University, but thank you for pointing that out.


    Garysr - would appreciate anything you can add IF your instructor is staying current on local issues. I may have to just call the DesMoines PD Public Affairs department to get a law cite though.
    "I have tried to live my life so that my family would love me and my friends respect me. The others can do whatever the "heck" they please".-John Wayne

  11. #10
    Join Date
    Jan 2009
    Posts
    3,244

    Default

    Quote Originally Posted by doublebarr View Post
    This is what is worrying me:
    http://www.handgunlaw.us/documents/a...AGOp03_4_1.pdf

    I dont' know if it's moved beyond this yet and I don't care to be the "test case" if it has :).
    Did you notice this part in the document you linked to?

    find that the statute does not interfere with the authority of a city to exercise its home
    rule power to place restrictions upon the possession of weapons which apply only to
    buildings
    owned or directly controlled by the city
    .
    Are you going to be any buildings owned or directly controlled by the city?
    Quote Originally Posted by Flanmedic51 View Post
    Again, you turn it into a rights thing when it only gives the LEO more ability to enforce laws and provide public safety.
    I am not anti-cop, I am pro-Constitution.

Page 1 of 2 12 LastLast

Facebook Comments


Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •