User Panel
think for yourself... question authority...
IA, USA
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Posted: 12/20/2007 10:26:47 AM EDT
[Last Edit: septic-tank13]
there is no reason in our electronic age to NOT be well informed of our rights, liberties, and those regulations imposed. for those things most pertinent, i'll copy and past them here with links to the home page of each site for you to browse. although there is much information, i'll try to stick to those items of immediate concern. booger, would you think about making this a tacked thread, as i'm of the opinion it is worthy at a minimum of consideration.
-michael IOWA CODE chapter 724 724.1 OFFENSIVE WEAPONS. An offensive weapon is any device or instrumentality of the following types: 1. A machine gun. A machine gun is a firearm which shoots or is designed to shoot more than one shot, without manual reloading, by a single function of the trigger. 2. A short-barreled rifle or short-barreled shotgun. A short-barreled rifle or short-barreled shotgun is a rifle with a barrel or barrels less than sixteen inches in length or a shotgun with a barrel or barrels less than eighteen inches in length, as measured from the face of the closed bolt or standing breech to the muzzle, or any rifle or shotgun with an overall length less than twenty-six inches. 3. Any weapon other than a shotgun or muzzle loading rifle, cannon, pistol, revolver or musket, which fires or can be made to fire a projectile by the explosion of a propellant charge, which has a barrel or tube with the bore of more than six-tenths of an inch in diameter, or the ammunition or projectile therefor, but not including antique weapons kept for display or lawful shooting. 4. A bomb, grenade, or mine, whether explosive, incendiary, or poison gas; any rocket having a propellant charge of more than four ounces; any missile having an explosive charge of more than one-quarter ounce; or any device similar to any of these. 5. A ballistic knife. A ballistic knife is a knife with a detachable blade which is propelled by a spring-operated mechanism, elastic material, or compressed gas. 6. Any part or combination of parts either designed or intended to be used to convert any device into an offensive weapon as described in subsections 1 to 5 of this section, or to assemble into such an offensive weapon, except magazines or other parts, ammunition, or ammunition components used in common with lawful sporting firearms or parts including but not limited to barrels suitable for refitting to sporting firearms. 7. Any bullet or projectile containing any explosive mixture or chemical compound capable of exploding or detonating prior to or upon impact, or any shotshell or cartridge containing exothermic pyrophoric misch metal as a projectile which is designed to throw or project a flame or fireball to simulate a flamethrower. Notwithstanding section 724.2, no person is authorized to possess in this state a shotshell or cartridge intended to project a flame or fireball of the type described in this section. 8. Any mechanical device specifically constructed and designed so that when attached to a firearm silences, muffles, or suppresses the sound when fired. However, this subsection does not apply to a mechanical device possessed and used by a person solely for the purpose of shooting a deer pursuant to an approved city special deer population control plan if the person has a valid federal permit to possess and use the mechanical device. 9. An offensive weapon or part or combination of parts therefor shall not include the following: a. An antique firearm. An antique firearm is any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898 or any firearm which is a replica of such a firearm if such replica is not designed or redesigned for using conventional rimfire or centerfire ammunition or which uses only rimfire or centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade. b. A collector's item. A collector's item is any firearm other than a machine gun that by reason of its date of manufacture, value, design, and other characteristics is not likely to be used as a weapon. The commissioner of public safety shall designate by rule firearms which the commissioner determines to be collector's items and shall revise or update the list of firearms at least annually. c. Any device which is not designed or redesigned for use as a weapon; any device which is designed solely for use as a signaling, pyrotechnic, line-throwing, safety, or similar device; or any 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. Section History: Early Form [C27, 31, 35, § 12960-b1; C39, § 12960.01; C46, 50, 54, 58, 62, 66, § 696.1; C71, 73, 75, 77, § 696.1, 697.10, 697.11; C79, 81, § 724.1] Section History: Recent Form 83 Acts, ch 7, § 1; 88 Acts, ch 1164, § 2, 3; 92 Acts, ch 1004, § 1, 2; 2000 Acts, ch 1116, §7 Referred to in § 124.401, 809.21, 809A.17 724.2 AUTHORITY TO POSSESS OFFENSIVE WEAPONS. Any of the following is authorized to possess an offensive weapon when the person's duties or lawful activities require or permit such possession: 1. Any peace officer. 2. Any member of the armed forces of the United States or of the national guard. 3. Any person in the service of the United States. 4. A correctional officer, serving in an institution under the authority of the Iowa department of corrections. 5. Any person who under the laws of this state and the United States, is lawfully engaged in the business of supplying those authorized to possess such devices. 6. Any person, firm or corporation who under the laws of this state and the United States is lawfully engaged in the improvement, invention or manufacture of firearms. 7. Any museum or similar place which possesses, solely as relics, offensive weapons which are rendered permanently unfit for use. 8. A resident of this state who possesses an offensive weapon which is a curio or relic firearm under the federal Firearms Act, 18 U.S.C. ch. 44, solely for use in the official functions of a historical reenactment organization of which the person is a member, if the offensive weapon has been permanently rendered unfit for the firing of live ammunition. The offensive weapon may, however, be adapted for the firing of blank ammunition. 9. A nonresident who possesses an offensive weapon which is a curio or relic firearm under the federal Firearms Act, 18 U.S.C. ch. 44, solely for use in official functions in this state of a historical reenactment organization of which the person is a member, if the offensive weapon is legally possessed by the person in the person's state of residence and the offensive weapon is at all times while in this state rendered incapable of firing live ammunition. A nonresident who possesses an offensive weapon under this subsection while in this state shall not have in the person's possession live ammunition. The offensive weapon may, however, be adapted for the firing of blank ammunition. Section History: Early Form [C27, 31, 35, § 12960-b4, 12960-b5, 12960-b7; C39, § 12960.04, 12960.05, 12960.07; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 696.4--696.7; C79, 81, § 724.2] Section History: Recent Form 83 Acts, ch 96, § 122, 159; 97 Acts, ch 166, §3 Referred to in § 724.1 724.2A PEACE OFFICER DEFINED. As used in sections 724.6 and 724.11 regarding obtaining or renewing a permit for the carrying of weapons, "peace officer" includes a reserve peace officer as defined in section 80D.1A. Section History: Recent Form 96 Acts, ch 1078, §1 Referred to in § 708.13 724.3 UNAUTHORIZED POSSESSION OF OFFENSIVE WEAPONS. Any person, other than a person authorized herein, who knowingly possesses an offensive weapon commits a class "D" felony. Section History: Early Form [C27, 31, 35, § 12960-b3; C39, § 12960.03; C46, 50, 54, 58, 62, 66, § 696.3; C71, 73, 75, 77, § 696.3, 697.11; C79, 81, § 724.3] 724.4 CARRYING WEAPONS. 1. Except as otherwise provided in this section, a person who goes armed with a dangerous weapon concealed on or about the person, or who, within the limits of any city, goes armed with a pistol or revolver, or any loaded firearm of any kind, whether concealed or not, or who knowingly carries or transports in a vehicle a pistol or revolver, commits an aggravated misdemeanor. 2. A person who goes armed with a knife concealed on or about the person, if the person uses the knife in the commission of a crime, commits an aggravated misdemeanor. 3. A person who goes armed with a knife concealed on or about the person, if the person does not use the knife in the commission of a crime: a. If the knife has a blade exceeding eight inches in length, commits an aggravated misdemeanor. b. If the knife has a blade exceeding five inches but not exceeding eight inches in length, commits a serious misdemeanor. 4. Subsections 1 through 3 do not apply to any of the following: a. A person who goes armed with a dangerous weapon in the person's own dwelling or place of business, or on land owned or possessed by the person. b. A peace officer, when the officer's duties require the person to carry such weapons. c. A member of the armed forces of the United States or of the national guard or person in the service of the United States, when the weapons are carried in connection with the person's duties as such. d. A correctional officer, when the officer's duties require, serving under the authority of the Iowa department of corrections. e. A person who for any lawful purpose carries an unloaded pistol, revolver, or other dangerous weapon inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person. f. A person who for any lawful purpose carries or transports an unloaded pistol or revolver in a vehicle inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person or inside a cargo or luggage compartment where the pistol or revolver will not be readily accessible to any person riding in the vehicle or common carrier. g. A person while the person is lawfully engaged in target practice on a range designed for that purpose or while actually engaged in lawful hunting. h. A person who carries a knife used in hunting or fishing, while actually engaged in lawful hunting or fishing. i. A person who has in the person's possession and who displays to a peace officer on demand a valid permit to carry weapons which has been issued to the person, and whose conduct is within the limits of that permit. A person shall not be convicted of a violation of this section if the person produces at the person's trial a permit to carry weapons which was valid at the time of the alleged offense and which would have brought the person's conduct within this exception if the permit had been produced at the time of the alleged offense. j. A law enforcement officer from another state when the officer's duties require the officer to carry the weapon and the officer is in this state for any of the following reasons: (1) The extradition or other lawful removal of a prisoner from this state. (2) Pursuit of a suspect in compliance with chapter 806. (3) Activities in the capacity of a law enforcement officer with the knowledge and consent of the chief of police of the city or the sheriff of the county in which the activities occur or of the commissioner of public safety. k. A person engaged in the business of transporting prisoners under a contract with the Iowa department of corrections or a county sheriff, a similar agency from another state, or the federal government. Section History: Early Form [S13, § 4775-1a, -3a, -4a, -7a, -11a; C24, 27, 31, 35, 39, § 12936--12939; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 695.2--695.5; C79, 81, § 724.4] Section History: Recent Form 83 Acts, ch 7, § 2; 83 Acts, ch 96, § 123, 159; 87 Acts, ch 13, §5; 88 Acts, ch 1164, §4; 98 Acts, ch 1131, §3 Referred to in § 232.52, 724.4B, 724.5 724.4A WEAPONS FREE ZONES -- ENHANCED PENALTIES. 1. As used in this section, "weapons free zone" means the area in or on, or within one thousand feet of, the real property comprising a public or private elementary or secondary school, or in or on the real property comprising a public park. A weapons free zone shall not include that portion of a public park designated as a hunting area under section 461A.42. 2. Notwithstanding sections 902.9 and 903.1, a person who commits a public offense involving a firearm or offensive weapon, within a weapons free zone, in violation of this or any other chapter shall be subject to a fine of twice the maximum amount which may otherwise be imposed for the public offense. Section History: Recent Form 94 Acts, ch 1172, §53 724.4B CARRYING WEAPONS ON SCHOOL GROUNDS -- PENALTY -- EXCEPTIONS. 1. A person who goes armed with, carries, or transports a firearm of any kind, whether concealed or not, on the grounds of a school commits a class "D" felony. For the purposes of this section, "school" means a public or nonpublic school as defined in section 280.2. 2. Subsection 1 does not apply to the following: a. A person listed under section 724.4, subsection 4, paragraphs "b" through "f" or "j". b. A person who has been specifically authorized by the school to go armed, carry, or transport a firearm on the school grounds, including for purposes of conducting an instructional program regarding firearms. Section History: Recent Form 95 Acts, ch 191, §53 Referred to in § 232.52 724.5 DUTY TO CARRY PERMIT TO CARRY WEAPONS. A person armed with a revolver, pistol, or pocket billy concealed upon the person shall have in the person's immediate possession the permit provided for in section 724.4, subsection 4, paragraph "i", and shall produce the permit for inspection at the request of a peace officer. Failure to so produce a permit is a simple misdemeanor. Section History: Early Form [S13, § 4775-8a; C24, 27, 31, 35, 39, § 12947; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 695.15; C79, 81, § 724.5] Section History: Recent Form 90 Acts, ch 1168, §60 724.6 PROFESSIONAL PERMIT TO CARRY WEAPONS. 1. A person may be issued a permit to carry weapons when the person's employment in a private investigation business or private security business licensed under chapter 80A, or a person's employment as a peace officer, correctional officer, security guard, bank messenger or other person transporting property of a value requiring security, or in police work, reasonably justifies that person going armed. The permit shall be on a form prescribed and published by the commissioner of public safety, shall identify the holder, and shall state the nature of the employment requiring the holder to go armed. A permit so issued, other than to a peace officer, shall authorize the person to whom it is issued to go armed anywhere in the state, only while engaged in the employment, and while going to and from the place of the employment. A permit issued to a certified peace officer shall authorize that peace officer to go armed anywhere in the state at all times. Permits shall expire twelve months after the date when issued except that permits issued to peace officers and correctional officers are valid through the officer's period of employment unless otherwise canceled. When the employment is terminated, the holder of the permit shall surrender it to the issuing officer for cancellation. 2. Notwithstanding subsection 1, fire fighters, as defined in section 411.1, subsection 9, airport fire fighters included under section 97B.49B, emergency rescue technicians, and emergency medical care providers, as defined in section 147A.1, shall not, as a condition of employment, be required to obtain a permit under this section. However, the provisions of this subsection shall not apply to a person designated as an arson investigator by the chief fire officer of a political subdivision. Section History: Early Form [S13, § 4775-4a, -7a; C24, 27, 31, 35, 39, § 12939, 12943--12945; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 695.5, 695.11--695.13; C79, 81, § 724.6] Section History: Recent Form 83 Acts, ch 7, § 3; 84 Acts, ch 1235, § 17; 93 Acts, ch 31, §1; 94 Acts, ch 1183, §87; 95 Acts, ch 41, § 26; 98 Acts, ch 1183, §74; 2004 Acts, ch 1103, §58 Referred to in § 80A.13, 724.2A, 724.11, 724.13 724.7 NONPROFESSIONAL PERMIT TO CARRY WEAPONS. Any person who can reasonably justify going armed may be issued a nonprofessional permit to carry weapons. Such permits shall be on a form prescribed and published by the commissioner of public safety, which shall be readily distinguishable from the professional permit, and shall identify the holder thereof, and state the reason for the issuance of the permit, and the limits of the authority granted by such permit. All permits so issued shall be for a definite period as established by the issuing officer, but in no event shall exceed a period of twelve months. Section History: Early Form [S13, § 4775-3a; C24, 27, 31, 35, 39, § 12938, 12945; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 695.4, 695.13; C79, 81, § 724.7] Referred to in § 80A.13, 724.11, 724.13 724.8 PERSONS ELIGIBLE FOR PERMIT TO CARRY WEAPONS. No person shall be issued a professional or nonprofessional permit to carry weapons unless: 1. The person is eighteen years of age or older. 2. The person has never been convicted of a felony. 3. The person is not addicted to the use of alcohol or any controlled substance. 4. The person has no history of repeated acts of violence. 5. The issuing officer reasonably determines that the applicant does not constitute a danger to any person. 6. The person has never been convicted of any crime defined in chapter 708, except "assault" as defined in section 708.1 and "harassment" as defined in section 708.7. Section Hiry: Early Form [C79, 81, § 724.8] Referred to in § 80A.13, 724.11, 724.13, 724.25, 724.27 Exception to subsection 2; see §724.27 724.9 FIREARM TRAINING PROGRAM. A training program to qualify persons in the safe use of firearms shall be provided by the issuing officer of permits, as provided in section 724.11. The commissioner of public safety shall approve the training program, and the county sheriff or the commissioner of public safety conducting the training program within their respective jurisdictions may contract with a private organization or use the services of other agencies, or may use a combination of the two, to provide such training. Any person eligible to be issued a permit to carry weapons may enroll in such course. A fee sufficient to cover the cost of the program may be charged each person attending. Certificates of completion, on a form prescribed and published by the commissioner of public safety, shall be issued to each person who successfully completes the program. No person shall be issued either a professional or nonprofessional permit unless the person has received a certificate of completion or is a certified peace officer. No peace officer or correctional officer, except a certified peace officer, shall go armed with a pistol or revolver unless the officer has received a certificate of completion, provided that this requirement shall not apply to persons who are employed in this state as peace officers on January 1, 1978 until July 1, 1978, or to peace officers of other jurisdictions exercising their legal duties within this state. Section History: Early Form [C79, 81, § 724.9] Referred to in § 80A.13, 724.11, 724.13 724.10 APPLICATION FOR PERMIT TO CARRY WEAPONS -- CRIMINAL HISTORY CHECK REQUIRED. A person shall not be issued a permit to carry weapons unless the person has completed and signed an application on a form to be prescribed and published by the commissioner of public safety. The application shall state the full name, driver's license or nonoperator's identification card number, residence, and age of the applicant, and shall state whether the applicant has ever been convicted of a felony, whether the person is addicted to the use of alcohol or any controlled substance, and whether the person has any history of mental illness or repeated acts of violence. The applicant shall also display an identification card that bears a distinguishing number assigned to the cardholder, the full name, date of birth, sex, residence address, and a brief description and colored photograph of the cardholder. The sheriff shall conduct immediately a criminal history check concerning each applicant by obtaining criminal history data from the department of public safety. A person who knowingly makes a false statement of material fact on the application commits a class "D" felony. Section History: Early Form [S13, § 4775-4a, -7a; C24, 27, 31, 35, 39, § 12939, 12940; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 695.5, 695.6; C79, 81, § 724.10] Section History: Recent Form 90 Acts, ch 1147, §1; 2002 Acts, ch 1055, §1 Referred to in § 80A.13, 724.11, 724.13 724.11 ISSUANCE OF PERMIT TO CARRY WEAPONS. Applications for permits to carry weapons shall be made to the sheriff of the county in which the applicant resides. Applications from persons who are nonresidents of the state, or whose need to go armed arises out of employment by the state, shall be made to the commissioner of public safety. In either case, the issuance of the permit shall be by and at the discretion of the sheriff or commissioner, who shall, before issuing the permit, determine that the requirements of sections 724.6 to 724.10 have been satisfied. However, the training program requirements in section 724.9 may be waived for renewal permits. The issuing officer shall collect a fee of ten dollars, except from a duly appointed peace officer or correctional officer, for each permit issued. Renewal permits or duplicate permits shall be issued for a fee of five dollars. The issuing officer shall notify the commissioner of public safety of the issuance of any permit at least monthly and forward to the commissioner an amount equal to two dollars for each permit issued and one dollar for each renewal or duplicate permit issued. All such fees received by the commissioner shall be paid to the treasurer of state and deposited in the operating account of the department of public safety to offset the cost of administering this chapter. Any unspent balance as of June 30 of each year shall revert to the general fund as provided by section 8.33. Section History: Early Form [S13, § 4775-3a; C24, 27, § 12941; C31, 35, § 12941, 12941-c1, 12941-d1; C39, § 12941, 12941.1, 12941.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 695.7--695.9; C79, 81, § 724.11] Section History: Recent Form 91 Acts, ch 207, §1; 97 Acts, ch 23, §78 Referred to in § 80A.13, 724.2A, 724.9, 724.15 724.12 PERMIT TO CARRY WEAPONS NOT TRANSFERABLE. Permits to carry weapons shall be issued to a specific person only, and may not be transferred from one person to another. Section History: Early Form [C24, 27, 31, 35, 39, § 12942; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 695.10; C79, 81, § 724.12] 724.13 REVOCATION OF PERMIT TO CARRY WEAPONS. The issuing officer may revoke any permit to carry weapons when the officer learns that any of the conditions required for the issuance of that permit as stated in sections 724.6 to 724.10 have ceased to exist, or when the officer learns that that permit was improperly issued. When the issuing officer revokes a permit, the officer shall notify the permit holder of such revocation on a form prescribed and published by the commissioner of public safety, and shall forward a copy of the form to the commissioner of public safety. From the time the permit holder receives notice of revocation, the permit shall cease to have any force or effect. Permit revocations may be reviewed by writ of certiorari. Section History: Early Form [S13, § 4775-6a; C24, 27, 31, 35, 39, § 12946; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 695.14; C79, 81, § 724.13] 724.14 Repealed by 78 Acts, ch 1174, § 19. 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. Section History: Early Form [C79, 81, § 724.15] Section History: Recent Form 90 Acts, ch 1147, § 2, 3 Referred to in § 724.16, 724.19, 724.27 Exception to subsection 1, paragraphs b and e; see §724.27 724.16 ANNUAL PERMIT TO ACQUIRE REQUIRED -- TRANSFER PROHIBITED. 1. Except as otherwise provided in section 724.15, subsection 2, a person who acquires ownership of a pistol or revolver without a valid annual permit to acquire pistols or revolvers or a person who transfers ownership of a pistol or revolver to a person who does not have in the person's possession a valid annual permit to acquire pistols or revolvers is guilty of an aggravated misdemeanor. 2. A person who transfers ownership of a pistol or revolver to a person that the transferor knows is prohibited by section 724.15 from acquiring ownership of a pistol or revolver commits a class "D" felony. Section History: Early Form [C79, 81, § 724.16] Section History: Recent Form 90 Acts, ch 1147, §4; 94 Acts, ch 1172, §54 724.16A TRAFFICKING IN STOLEN WEAPONS. A person who knowingly transfers or acquires possession, or who facilitates the transfer, of a stolen firearm commits a class "D" felony for a first offense and a class "C" felony for second and subsequent offenses or if the weapon is used in the commission of a public offense. However, this section shall not apply to a person purchasing stolen firearms through a buy-back program sponsored by a law enforcement agency if the firearms are returned to their rightful owners or destroyed. Section History: Recent Form 94 Acts, ch 1172, §55; 97 Acts, ch 119, § 1, 3, 4 Section affirmed and reenacted effective May 6, 1997; legislative findings; 97 Acts, ch 119, § 1, 3, 4 724.17 APPLICATION FOR ANNUAL PERMIT TO ACQUIRE -- CRIMINAL HISTORY CHECK REQUIRED. The application for an annual permit to acquire pistols or revolvers may be made to the sheriff of the county of the applicant's residence and shall be on a form prescribed and published by the commissioner of public safety. The application shall state the full name of the applicant, the driver's license or nonoperator's identification card number of the applicant, the residence of the applicant, and the age of the applicant. The applicant shall also display an identification card that bears a distinguishing number assigned to the cardholder, the full name, date of birth, sex, residence address, and brief description and colored photograph of the cardholder, or other identification as specified by rule of the department of public safety. The sheriff shall conduct a criminal history check concerning each applicant by obtaining criminal history data from the department of public safety. A person who knowingly makes a false statement of material fact on the application commits a class "D" felony. Section History: Early Form [C79, 81, § 724.17] Section History: Recent Form 90 Acts, ch 1147, § 5; 2002 Acts, ch 1055, §2 724.18 PROCEDURE FOR MAKING APPLICATION FOR ANNUAL PERMIT TO ACQUIRE. A person may personally request the sheriff to mail an application for an annual permit to acquire pistols or revolvers, and the sheriff shall immediately forward to such person an application for an annual permit to acquire pistols or revolvers. A person shall upon completion of the application personally deliver such application to the sheriff who shall note the period of validity on the application and shall immediately issue the annual permit to acquire pistols or revolvers to the applicant. For the purposes of this section the date of application shall be the date on which the sheriff received the completed application. Section History: Early Form [C79, 81, § 724.18] 724.19 ISSUANCE OF ANNUAL PERMIT TO ACQUIRE. The annual permit to acquire pistols or revolvers shall be issued to the applicant immediately upon completion of the application unless the applicant is disqualified under the provisions of section 724.15 and shall be on a form prescribed and published by the commissioner of public safety. The permit shall contain the name of the permittee, the residence of the permittee, and the effective date of the permit. Section History: Early Form [C79, 81, § 724.19] Section History: Recent Form 2002 Acts, ch 1055, §3 724.20 VALIDITY OF ANNUAL PERMIT TO ACQUIRE PISTOLS OR REVOLVERS. The permit shall be valid throughout the state and shall be valid three days after the date of application and shall be invalid one year after the date of application. Section History: Early Form [C79, 81, § 724.20] 724.21 GIVING FALSE INFORMATION WHEN ACQUIRING WEAPON. A person who gives a false name or presents false identification, or otherwise knowingly gives false material information to one from whom the person seeks to acquire a pistol or revolver, commits a class "D" felony. Section History: Early Form [S13, § 4775-10a; C24, 27, 31, 35, 39, § 12955; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 695.23; C79, 81, § 724.21] Section History: Recent Form 90 Acts, ch 1147, §6 724.22 PERSONS UNDER TWENTY-ONE -- SALE, LOAN, GIFT, MAKING AVAILABLE -- POSSESSION. 1. Except as provided in subsection 3, a person who sells, loans, gives, or makes available a rifle or shotgun or ammunition for a rifle or shotgun to a minor commits a serious misdemeanor for a first offense and a class "D" felony for second and subsequent offenses. 2. Except as provided in subsections 4 and 5, a person who sells, loans, gives, or makes available a pistol or revolver or ammunition for a pistol or revolver to a person below the age of twenty-one commits a serious misdemeanor for a first offense and a class "D" felony for second and subsequent offenses. 3. A parent, guardian, spouse who is eighteen years of age or older, or another with the express consent of the minor's parent or guardian or spouse who is eighteen years of age or older may allow a minor to possess a rifle or shotgun or the ammunition therefor which may be lawfully used. 4. A person eighteen, nineteen, or twenty years of age may possess a firearm and the ammunition therefor while on military duty or while a peace officer, security guard or correctional officer, when such duty requires the possession of such a weapon or while the person receives instruction in the proper use thereof from an instructor who is twenty-one years of age or older. 5. A parent or guardian or spouse who is twenty-one years of age or older, of a person fourteen years of age but less than twenty-one may allow the person to possess a pistol or revolver or the ammunition therefor for any lawful purpose while under the direct supervision of the parent or guardian or spouse who is twenty-one years of age or older, or while the person receives instruction in the proper use thereof from an instructor twenty-one years of age or older, with the consent of such parent, guardian or spouse. 6. For the purposes of this section, caliber .22 rimfire ammunition shall be deemed to be rifle ammunition. 7. Access to loaded firearms by children restricted -- penalty. It shall be unlawful for any person to store or leave a loaded firearm which is not secured by a trigger lock mechanism, placed in a securely locked box or container, or placed in some other location which a reasonable person would believe to be secure from a minor under the age of fourteen years, if such person knows or has reason to believe that a minor under the age of fourteen years is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, the minor lawfully gains access to the firearm without the consent of the minor's parent, guardian, or person having charge of the minor, and the minor exhibits the firearm in a public place in an unlawful manner, or uses the firearm unlawfully to cause injury or death to a person. This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person. A violation of this subsection is punishable as a serious misdemeanor. Section History: Early Form [C97, § 5004; C24, 27, 31, 35, 39, § 12958; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 695.26; C79, 81, § 724.22] Section History: Recent Form 90 Acts, ch 1147, §7; 94 Acts, ch 1023, §119; 94 Acts, ch 1172, §56 724.23 RECORDS KEPT BY COMMISSIONER. The commissioner of public safety shall maintain a permanent record of all valid permits to carry weapons and of current permit revocations. Section History: Early Form [C79, 81, § 724.23] Section History: Recent Form 83 Acts, ch 7, § 4 724.24 PURCHASE OR SALE OF FIREARMS IN CONTIGUOUS STATES. Repealed by 2002 Acts, ch 1055, § 5. 724.25 FELONY AND ANTIQUE FIREARM DEFINED. 1. As used in sections 724.8, subsection 2, and 724.26, the word "felony" means any offense punishable in the jurisdiction where it occurred by imprisonment for a term exceeding one year, but does not include any offense, other than an offense involving a firearm or explosive, classified as a misdemeanor under the laws of the state and punishable by a term of imprisonment of two years or less. 2. As used in this chapter an "antique firearm" means any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898. An antique firearm also means a replica of a firearm so described if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition or if the replica uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade. Section History: Early Form [C79, 81, § 724.25] Section History: Recent Form 86 Acts, ch 1065, § 1 724.26 POSSESSION, RECEIPT, TRANSPORTATION, OR DOMINION AND CONTROL OF FIREARMS AND OFFENSIVE WEAPONS BY FELONS. A person who is convicted of a felony in a state or federal court, or who is adjudicated delinquent on the basis of conduct that would constitute a felony if committed by an adult, and who knowingly has under the person's dominion and control or possession, receives, or transports or causes to be transported a firearm or offensive weapon is guilty of a class "D" felony. Section History: Early Form [C79, 81, § 724.26] Section History: Recent Form 90 Acts, ch 1147, §8; 97 Acts, ch 126, §47; 2002 Acts, ch 1055, §4; 2002 Acts, ch 1175, §94; 2002 Acts, 2nd Ex, ch 1003, §243, 262 Referred to in § 724.25, 724.27 Exception; see §724.27 724.27 OFFENDERS' RIGHTS RESTORED. The provisions of section 724.8, subsection 2, section 724.15, subsection 1, paragraphs "b" and "e", and section 724.26 shall not apply to a person who is eligible to have the person's civil rights regarding firearms restored under section 914.7 and who is pardoned or has had the person's civil rights restored by the President of the United States or the chief executive of a state and who is expressly authorized by the President of the United States or such chief executive to receive, transport, or possess firearms or destructive devices. Section History: Early Form [C79, 81, § 724.27] Section History: Recent Form 94 Acts, ch 1172, §57 724.28 PROHIBITION OF REGULATION BY POLITICAL SUBDIVISIONS. A political subdivision of the state shall not enact an ordinance regulating the ownership, possession, legal transfer, lawful transportation, registration, or licensing of firearms when the ownership, possession, transfer, or transportation is otherwise lawful under the laws of this state. An ordinance regulating firearms in violation of this section existing on or after April 5, 1990, is void. Section History: Recent Form 90 Acts, ch 1147, §9 724.29 FIREARM DEVICES. A person who sells or offers for sale a manual or power- driven trigger activating device constructed and designed so that when attached to a firearm increases the rate of fire of the firearm is guilty of an aggravated misdemeanor. Section History: Recent Form 90 Acts, ch 1147, §10 724.30 RECKLESS USE OF A FIREARM. A person who intentionally discharges a firearm in a reckless manner commits the following: 1. A class "C" felony if a serious injury occurs. 2. A class "D" felony if a bodily injury which is not a serious injury occurs. 3. An aggravated misdemeanor if property damage occurs without a serious injury or bodily injury occurring. 4. A simple misdemeanor if no injury to a person or damage to property occurs. ******************************** courtesy of dmacbow: I thought this might be useful for everyone. This is straight from the Iowa Code. Everyone who carries a weapon should know what this says. 704.1. Reasonable force"Reasonable force" is that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one's life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat. Reasonable force, including deadly force, may be used even if an alternative course of action is available if the alternative entails a risk to life or safety, or the life or safety of a third party, or requires one to abandon or retreat from one's dwelling or place of business or employment. 704.2. Deadly force The term "deadly force" means any of the following: 1. Force used for the purpose of causing serious injury. 2. Force which the actor knows or reasonably should know will create a strong probability that serious injury will result. 3. The discharge of a firearm, other than a firearm loaded with less lethal munitions and discharged by a peace officer, corrections officer, or corrections official in the line of duty, in the direction of some person with the knowledge of the person's presence there, even though no intent to inflict serious physical injury can be shown. 4. The discharge of a firearm, other than a firearm loaded with less lethal munitions and discharged by a peace officer, corrections officer, or corrections official in the line of duty, at a vehicle in which a person is known to be. As used in this section, "less lethal munitions" means projectiles which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person's body. 704.3. Defense of self or another A person is justified in the use of reasonable force when the person reasonably believes that such force is necessary to defend oneself or another from any imminent use of unlawful force. 704.4. Defense of property A person is justified in the use of reasonable force to prevent or terminate criminal interference with the person's possession or other right in property. Nothing in this section authorizes the use of any spring gun or trap which is left unattended and unsupervised and which is placed for the purpose of preventing or terminating criminal interference with the possession of or other right in property. Remember the key word here is REASONABLE. And that means what other people might feel is reasonable, not just you. ************************************* ATF Rules ATF rulings and proposed rule changes for those of you wondering about laws in another state, this is the ATF pdf list of documents for all 50 states... State Laws and Published Ordinances: www.atf.gov/firearms/statelaws/26thedition/index.htm Federal Firearms Regulations Reference Guide: www.atf.gov/pub/fire-explo_pub/2005/p53004/index.htm Iowa Laws, etc. iowa laws and iowa code (past and present) Iowa Weapons Laws (from the DPS {dept of public safety}) Iowa DNR (dept of natural resources) hunting, fishing, and trapping regs iowa DNR administrative rules ******************************** base links: state of iowa iowa DNR iowa DPS (department of public safety) iowa legislature --------> list of legislators with "finder" for your local representatives ATF |
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+2
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Ballistic knife sounded a lot cooler than what it is. |
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So clearly non shotgun based AOWs and destructive devices over 50cal but under 60caliber would be allowed.
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Septic,
Don't worry about a little goof on this issue. I work for an Iowa Sheriff's Office, I'm the Firearms Instructor, and I used to teach the Concealed Weapons safety course. I still have problems understanding it all, and frequently have to look up things in the Iowa Code. Thanks for posting the Code foe everyone to read. BTW I'm also the one that got accused of being "anti-gun" in our weapons safety class in the forum on CCW permits a while ago. I guess because I tell people that a gun shouldn't be used by some one who just plans to "bluff" someone with it. There are too many peoiple out there who will not be afraid of it and take it away from them and use it on them. I always recommend that if they couldn't see themselves pulling the trigger and putting a high velocity piece of metal into another person's body, they might want to consider carrying a non-lethal means of defending themselves. Anyway, Thanks. "Still training Sheepdogs, One Puppy at a time!" |
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dmacbow,
You speak the truth. Keep up the good fight and be safe. From a retired Sheepdog. |
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Whoever said the pen is mightier than the sword obviously never encountered automatic weapons. - Gen. Douglas MacArthur
War is the remedy that our enemies have chosen, and I say let us give them all they want. - William Tecumseh Sherman |
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I agree...Tack it is!
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dmacbow said:
This the tread you're referring to? I never saw any accusatory remarks that claimed you were anti-gun just anti shall-issue. www.iowacarry.org/forums/viewtopic.php?f=4&t=11779&st=0&sk=t&sd=a&sid=e185ed7c5b2ca643deec7bc0433aa169 Did you reply on that thread? This was my posted opinion of the class:
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Halo sent me a message, this was my response to him
"Halo, Thanks for checking in with me. I didn't see your post there. That was not my class, and yours was not the response I was referring to. I read yours and it wasn't bad. If it had been my class, I wouldn't have a problem with your comments. Constructive criticism is always welcome. I don't remember who made the post I was talking about, it's been a while ago. It just got under my skin, saying I was anti gun. I've been around guns all my life, and carry at least one every day of my life. My kids have been raised with guns. They were taught to shoot before they were big enough to hold the guns up by themselves. The girls have all taken multiple deer, with black powder and bow. The Poster also commented that the class was full of the Sheriff's buddies. When ever I've done a class there have been people in the class that I knew, it's a small town. I also believe in calling people by their name and getting them involved in the class. I'll try to post this in the forum when I have a few minutes to spare. Stay Safe" Having said that, I wouldn't agree with the instructor on some points Halo refers to, but that's human nature. I have been fortunate to attend a lot of different training sessions over the years. Some were good, some not. I've learned that even from the good ones I usually pick up 2-3 things that I can use and fold into my personal tool box. Hopefully when you guys go to such a class, it's with an open mind, and with the understading that the instructor doesn't have all the answers, no matter how much we wish he (or she) did. It's just a sum total of their experiences. Personally I wish more people would provide useful ideas such as Halo suggested. "Still training Sheepdogs, one Puppy at a time." |
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Thank you for posting this!
Just to clear it up a little, SBR's are clearly out of the question for me, but it makes no mention of surpressors? Does this mean I'm actually allowed to own one in Iowa? (From VA, IA laws are crazy..lol) |
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think for yourself... question authority...
IA, USA
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nope. it falls in there also...
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...I'm moving.
Just re-read it and I don't know how I missed that section. Man, you'd think we'd be allowed to have some of this stuff with so much OPEN SPACE. Iowans can't own a can, but people in Conneticut can!?!?! |
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think for yourself... question authority...
IA, USA
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things may change. if you're called on to act regarding this issue, will you?
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You know, I don't know.
I'm selfish I guess. I really want one, but I'm not sure I want OTHER people having them...lol. I mean, some of the self-proclaimed 'gun' people I've met....wow. Yes, I'm willing to join the campaign.... Even though it will most likely land us all in Guantanimo...lol |
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think for yourself... question authority...
IA, USA
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i only ask because i've observed something i'm not fond of around iowa. we are a state full of sportsmen (men and women alike) and although we like our guns, we do nearly nothing as a group to further the cause or even at a minimum to stop the erosion of those rights and priviledges we still retain. i'd bet 90% of those on this forum would support CCW in iowa. and of those folks, 15% or less back the cause. of those members on iowacarry.org that are interested in the cause few talk with their congressional reps and discuss those feelings they are passionate about. we're ALL freeborn men and women. to speak with a state senator/rep isn't something to shy away from. they'll give you the time and respect you deserve if you reciprocate. we're intimidated, and opt to take the easy road too often. i have a big problem with that. but frankly, and admittedly, it has only been in the last couple years that i've left behind the same thing myself. i was guilty of the same behavior myself... so, if we want the law changed, i'll help because I KNOW we can do it. but it'll take every single one of us. those of us who bitch but aren't willing to pitch in become a larger problem than we realize. we, as a group, decide the backing and support is there to pursue a cause, then we find out at much personal sacrifice that we don't have our poop in a group. thus, our cause is not only dead, but set back with a black eye. i'm not lecturing. but i am giving you the perception the legislature has of us and what it means to us all at this level. something to think about isn't it? |
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I keep forgetting to look up here and check on this thread...good comments Septic as you're right on how many Iowegian sportsmen think.
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think for yourself... question authority...
IA, USA
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i added quite a few additions this morning. if ANYONE has a question about anything, please know and believe that NONE are foolish. i'd like for everyone to be well informed and have access to anything they are curious about. post it here, IM me, email, it doesn't matter... if we can link to more information we'll all be better off. i'm not saying i have the answers, but i do have the desire to find them and make them public for all.
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Looked for info on FTF transfers. Picking up a shotgun from a member here tomorrow. What all do I need to give him other than showing him my ID to prove residency?
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think for yourself... question authority...
IA, USA
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that is about it. long guns aren't a problem. pistols require a genuine "transfer" unless you're a close relative. you should be ok. to be on the safe side, both of you would be wise to trade information for accountability purposes... |
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September 11, 2001
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I figured he would have a B.O.S for me to sign. That's how I would do it anyhow. It's just a single shot 12ga. to sit out in the shop. Powder half-turned so I have a bunch of 600 FPS #8 shot loads...lol Perfect for ferril cats.
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think for yourself... question authority...
IA, USA
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recent discussion over 483A prompted me to add this as well:
CHAPTER 483A FISHING AND HUNTING LICENSES, CONTRABAND, AND GUNS This chapter not enacted as a part of this title; transferred from chapter 110 in Code 1993 See §481A.134 and 481A.135 for point system and additional penalties 483A.1 LICENSES -- FEES. 483A.1A DEFINITIONS. 483A.2 DUAL RESIDENCY. 483A.3 WILDLIFE HABITAT FEE. 483A.3A FISH HABITAT DEVELOPMENT FUNDING. 483A.3B GAME BIRD HABITAT DEVELOPMENT PROGRAMS. 483A.4 "PERMANENT DISABILITY" DEFINED. 483A.5 LICENSE FOR FUR-BEARING ANIMALS. 483A.6 TROUT FISHING FEE. 483A.7 WILD TURKEY LICENSE AND TAG. 483A.8 DEER LICENSE AND TAG. 483A.8A DEER HARVEST REPORTING SYSTEM. 483A.8B SENIOR CROSSBOW DEER HUNTING LICENSES. 483A.9 BLANKS. 483A.10 ISSUANCE OF LICENSES. 483A.11 LICENSE AGENTS. 483A.12 FEES. 483A.13 DESTROYED BLANKS. 483A.14 DUPLICATE LICENSES AND PERMITS. 483A.15 ACCOUNTING. 483A.16 DUPLICATE ISSUANCE. 483A.17 TENURE OF LICENSE. 483A.18 FORM OF LICENSES. 483A.19 SHOWING LICENSE DOCUMENT TO OFFICER. 483A.20 RECIPROCITY. 483A.21 REVOCATION OR SUSPENSION. 483A.22 RECORD OF REVOCATION. 483A.22A SALE OF LICENSE LISTS. 483A.23 GAME BIRDS OR ANIMALS AS PETS. 483A.24 WHEN LICENSE NOT REQUIRED -- SPECIAL LICENSES. 483A.24A HARVESTED DEER. 483A.24B SPECIAL DEER HUNTS. 483A.24C DEER DEPREDATION MANAGEMENT AGREEMENTS -- PERMITS. 483A.25 PHEASANT AND QUAIL RESTORATION PROGRAM -- APPROPRIATIONS. 483A.26 FALSE CLAIMS. 483A.27 HUNTER SAFETY AND ETHICS EDUCATION PROGRAM -- LICENSE REQUIREMENT. 483A.28 AND 483A.29 483A.30 NONRESIDENT DEER AND TURKEY LICENSE FEES. 483A.31 RECIPROCAL FISHING PRIVILEGES AUTHORIZED. 483A.32 PUBLIC NUISANCE. 483A.33 DISPOSITION OF PROPERTY SEIZED AS PUBLIC NUISANCE. 483A.34 RIGHT TO APPEAL. 483A.35 "GUN" DEFINED. 483A.36 MANNER OF CONVEYANCE. 483A.37 PROHIBITED GUNS. 483A.38 FREE FISHING DAYS. 483A.39 THROUGH 483A.41 483A.42 PENALTIES. 483A.43 THROUGH 483A.49 483A.50 DEFINITIONS. 483A.51 BONDS ISSUED BY THE COMMISSION. 483A.52 ADDITIONAL POWERS OF COMMISSION. 483A.53 PAYMENT OF BONDS. 483A.54 NONLIABILITY OF THE STATE AND ITS OFFICIALS. 483A.55 BONDS AS LEGAL INVESTMENTS. 483A.56 RIGHTS OF BONDHOLDERS. -------------------------------------------------------------------------------- 483A.1 LICENSES -- FEES. Except as otherwise provided in this chapter, a person shall not fish, trap, hunt, pursue, catch, kill, take in any manner, use, have possession of, sell, or transport all or a part of any wild animal, bird, game, or fish, the protection and regulation of which is desirable for the conservation of resources of the state, without first obtaining a license for that purpose and the payment of a fee as follows: 1. Residents: a. Fishing license .................... $ 17.00 b. Fishing license, lifetime, sixty-five years or older .................... $ 50.50 c. Hunting license .................... $ 17.00 d. Hunting license, lifetime, sixty-five years or older .................... $ 50.50 e. Deer hunting license .................... $ 25.50 f. Wild turkey hunting license .................... $ 22.50 g. Fur harvester license, sixteen years or older .................... $ 20.50 h. Fur harvester license, under sixteen years of age .................... $ 5.50 i. Fur dealer license .................... $225.50 j. Aquaculture unit license .................... $ 25.50 k. Retail bait dealer license .................... $ 30.50 l. Fishing license, seven-day .................... $ 11.50 m. Trout fishing fee .................... $ 10.50 n. Game breeder license .................... $ 15.50 o. Taxidermy license .................... $ 15.50 p. Falconry license .................... $ 20.50 q. Wildlife habitat fee .................... $ 11.00 r. Migratory game bird fee .................... $ 8.00 s. Fishing license, one-day .................... $ 7.50 t. Wholesale bait dealer license .................... $125.00 2. Nonresidents: a. Fishing license, annual .................... $ 39.00 b. Fishing license, seven-day .................... $ 30.00 c. Hunting license, eighteen years of age or older .................... $ 80.00 d. Hunting license, under eighteen years of age .................... $ 30.00 e. Deer hunting license, antlered or any sex deer .................... $220.00 f. Deer hunting license, antlerless deer only, required with the purchase of an antlered or any sex deer hunting license .................... $100.00 g. Deer hunting license, antlerless deer only .................... $150.00 h. Wild turkey hunting license .................... $100.00 i. Fur harvester license .................... $200.00 j. Fur dealer license .................... $501.00 k. Location permit for fur dealers $ 56.00 l. Aquaculture unit license .................... $ 56.00 m. Retail bait dealer license .................... $125.00 or the amount for the same type of license in the nonresident's state, whichever is greater n. Trout fishing fee .................... $ 13.00 o. Game breeder license .................... $ 26.00 p. Taxidermy license .................... $ 26.00 q. Falconry license .................... $ 26.00 r. Wildlife habitat fee .................... $ 11.00 s. Migratory game bird fee .................... $ 8.00 t. Fishing license, three-day .................... $ 15.50 u. Wholesale bait dealer license .................... $250.00 or the amount for the same type of license in the nonresident's state, whichever is greater v. Fishing license, one-day .................... $ 8.50 Section History: Early Form [S13, § 2563-a2, -o, -p; SS15, § 2547-a, 2562-b, 2563-a1; C24, § 1706, 1718, 1719, 1748, 1752, 1756, 1779; C27, § 1706, 1718, 1719, 1719-a1, 1748, 1752, 1756, 1779; C31, § 1706, 1718, 1718-c1, 1719, 1719-a1, 1748, 1752, 1756, 1766-c3, 1779; C35, § 1794-e1; C39, § 1794.082; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 110.1] Section History: Recent Form 84 Acts, ch 1199, § 2; 84 Acts, ch 1260, § 2; 86 Acts, ch 1114, § 1; 86 Acts, ch 1141, § 17; 86 Acts, ch 1240, § 1; 89 Acts, ch 90, § 2; 89 Acts, ch 237, § 1; 89 Acts, ch 238, § 1; 91 Acts, ch 237, § 3; 92 Acts, ch 1216, § 10, 11 C93, § 483A.1 95 Acts, ch 12, § 1; 95 Acts, ch 46, § 2; 98 Acts, ch 1199, §5, 27; 98 Acts, ch 1223, §30; 2001 Acts, ch 137, §5; 2001 Acts, ch 148, §1--3, 9; 2002 Acts, ch 1141, §1; 2003 Acts, ch 120, § 1--4, 6; 2003 Acts, ch 152, § 1--3, 6; 2005 Acts, ch 139, §3; 2007 Acts, ch 194, §1, 2 Referred to in § 331.605, 483A.1A, 483A.8, 717F.7, 805.8B(3p) Commercial fishing licenses, see § 482.4 For applicable scheduled fines, see §805.8B, subsection 3, paragraph p 483A.1A DEFINITIONS. As used in this chapter unless the context otherwise requires: 1. "Commission" means the natural resource commission. 2. "Department" means the department of natural resources created under section 455A.2. 3. "Director" means the director of the department. 4. "License" means a privilege granted by the commission to fish, hunt, fur harvest, pursue, catch, kill, take in any manner, use, have possession of, sell, or transport all or part of a wild animal, bird, game, or fish, including any privilege related to a license granted by issuance of a stamp or a payment of a fee. 5. "License agent" means an individual, business, or governmental agency authorized to sell a license. 6. "License document" means an authorization, certificate, or permit issued by the department or a license agent that lists and confers one or more license privileges. 7. "Resident" means a natural person who meets any of the following criteria: a. Has physically resided in this state at least thirty consecutive days immediately before applying for or purchasing a resident license under this chapter and has been issued an Iowa driver's license or an Iowa nonoperator's identification card. b. Is a full-time student at an educational institution located in this state and resides in this state while attending the educational institution. A student qualifies as a resident pursuant to this paragraph only for the purpose of purchasing any resident license specified in section 483A.1 or 484A.2. c. Is a nonresident under eighteen years of age whose parent is a resident of this state. d. Is a member of the armed forces of the United States who is serving on active duty, claims residency in this state, and has filed a state individual income tax return as a resident pursuant to chapter 422, division II, for the preceding tax year, or is stationed in this state. e. Is registered to vote in this state. Section tory: Recent Form 86 Acts, ch 1245, § 1858 C87, § 110.1A C93, § 483A.1A 95 Acts, ch 76, § 1; 2000 Acts, ch 1116, §3--5; 2000 Acts, ch 1175, §1, 2; 2001 Acts, ch 134, §3; 2003 Acts, ch 37, §1 Referred to in § 483A.2 483A.2 DUAL RESIDENCY. A resident license shall be limited to persons who do not claim any resident privileges, except as defined in section 483A.1A, subsection 7, paragraphs "b", "c", and "d", in another state or country. A person shall not purchase or apply for any resident license or permit if that person has claimed residency in any other state or country. Section History: Recent Form 2000 Acts, ch 1116, §6 483A.3 WILDLIFE HABITAT FEE. 1. A resident or nonresident person required to have a hunting or fur harvester license shall not hunt or trap unless the person has paid the wildlife habitat fee. This section shall not apply to residents who have permanent disabilities or who are younger than sixteen or older than sixty-five years of age. Wildlife habitat fees shall be administered in the same manner as hunting and fur harvester licenses except all revenue derived from wildlife habitat fees shall be used within the state of Iowa for habitat development and shall be deposited in the state fish and game protection fund, except as provided in subsection 2. The revenue may be used for the matching of federal funds. The revenues and any matched federal funds shall be used for acquisition of land, leasing of land, or obtaining of easements from willing sellers for use as wildlife habitats. Notwithstanding the exemption provided by section 427.1, any land acquired with the revenues and matched federal funds shall be subject to the full consolidated levy of property taxes which shall be paid from those revenues. In addition the revenue may be used for the development and enhancement of wildlife lands and habitat areas. Not less than fifty percent of all revenue from wildlife habitat fees shall be used by the commission to enter into agreements with county conservation boards or other public agencies in order to carry out the purposes of this section. The state share of funding of those agreements provided by the revenue from wildlife habitat fees shall not exceed seventy-five percent. 2. Up to sixty percent of the revenues from wildlife habitat fees which are not required under subsection 1 to be used by the commission to enter into agreements with county conservation boards or other public agencies may be credited to the wildlife habitat bond fund as provided in section 483A.53. 3. Notwithstanding subsections 1 and 2, any increase in revenues received on or after July 1, 2007, pursuant to this section as a result of fee increases pursuant to 2007 Iowa Acts, ch. 194, shall be used by the commission only for the purpose of the game bird habitat development program as provided in section 483A.3B. The commission shall not reduce on an annual basis for these purposes the amount of other funds being expended as of July 1, 2007. Section History: Early Form [C79, 81, § 110.3] Section History: Recent Form 84 Acts, ch 1260, § 3; 86 Acts, ch 1114, § 2; 86 Acts, ch 1231, § 1 C93, § 483A.3 96 Acts, ch 1129, § 98; 98 Acts, ch 1199, §6, 27; 98 Acts, ch 1223, §30; 2007 Acts, ch 194, §3 Referred to in § 427.1(24), 483A.3B, 805.8B(3b) For applicable scheduled fines, see §805.8B, subsection 3, paragraph b 483A.3A FISH HABITAT DEVELOPMENT FUNDING. Three dollars from each resident and nonresident annual and seven-day fishing license sold shall be deposited in the state fish and game protection fund and shall be used within this state for fish habitat development. Not less than fifty percent of this amount shall be used by the commission to enter into agreements with county conservation boards to carry out the purposes of this section. Section History: Recent Form 2001 Acts, ch 148, §4, 9; 2003 Acts, ch 152, §4, 6 Footnotes 2003 strike and rewrite of section takes effect December 15, 2003, and applies to licenses and fees for years beginning on or after January 1, 2004; 2003 Acts, ch 152, §6 483A.3B GAME BIRD HABITAT DEVELOPMENT PROGRAMS. 1. Allocation of revenue -- accounts. All revenue collected from increases in wildlife habitat fees as provided in section 483A.3, subsection 3, that is deposited in the state fish and game protection fund shall be allocated as follows: a. Two dollars of each wildlife habitat fee collected shall be allocated to the game bird wetlands conservation account. b. One dollar of each wildlife habitat fee collected shall be allocated to the game bird buffer strip assistance account. c. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys collected from wildlife habitat fees that are deposited in each account created under this section shall be credited to that account. Notwithstanding section 8.33 or section 456A.17, moneys credited to each account created under this section shall not revert to the state general fund at the close of a fiscal year. d. All revenue generated by increases in the wildlife habitat fee as provided in section 483A.3, subsection 3, shall be used as provided in this section, except for that part which is specified by the department for use in paying administrative expenses as provided in section 456A.17. 2. Game bird wetlands conservation program. a. All moneys allocated to the game bird wetlands conservation account shall be used by the department only to carry out the purposes of the game bird wetlands conservation program and shall be used in addition to funds already being expended by the department each year for wetlands conservation purposes. b. The purpose of the game bird wetlands conservation program is to create a sustained source of revenue to be used by the department to qualify for federal matching funds that are available for wetlands conservation and to undertake projects in conjunction with soil and water conservation districts, county conservation boards, and other partners that will aid in wetlands and associated habitat conservation in the state, including the acquisition, restoration, maintenance, or preservation of wetlands and associated habitat. c. (1) All moneys that are allocated to the game bird wetlands conservation account shall accumulate in the account until the account balance is equal to one million dollars or an amount sufficient to be used by the department to qualify for federal matching funds. Each time the account balance reaches an amount sufficient to be used by the department to qualify for federal matching funds, the department shall apply for such matching funds, and upon obtaining such funds, shall expend the state and federal revenues available at that time to undertake projects as set forth in paragraph "b". (2) Additional moneys that are generated by game bird wildlife habitat fees and allocated to the game bird wetlands conservation account shall again accumulate in the account, and each time the account balance is equal to one million dollars or an amount sufficient to be used by the department to qualify for federal matching funds, the department shall again apply for federal matching funds, and upon obtaining such funds, shall expend the state and federal revenues available at that time to undertake projects as set forth in paragraph "b". d. The department shall use all state revenue and federal matching funds obtained under the federal North American Wetlands Conservation Act to undertake the purposes of the game bird wetlands conservation program as set forth in paragraph "b". State revenue allocated to the account shall be used by the department only for projects that increase public recreational hunting opportunities in the state and shall not be used for projects on private land that is not accessible to the public for recreational hunting. 3. Game bird buffer strip assistance program. a. All moneys allocated to the game bird buffer strip assistance account shall be used by the department only to carry out the purposes of the game bird buffer strip assistance program and shall be used in addition to funds already being expended by the department each year for such purposes. The department shall not reduce the amount of other funds being expended for these purposes as of July 1, 2007. b. The purpose of the game bird buffer strip assistance program is to increase landowner participation in federally funded conservation programs that benefit game birds and to increase opportunities for recreational hunting on private lands. To the extent possible, moneys allocated to the game bird buffer strip assistance account shall be used in conjunction with and to qualify for additional funding from private conservation organizations and other state and federal agencies to accomplish the purposes of the program. The funds may be used to provide private landowners with cost-sharing assistance for habitat improvement practices on projects that are not eligible for federal programs or where federal funding for such projects is not adequate. The department may utilize the funds to provide marketing and outreach efforts to landowners in order to maximize landowners' use of federal conservation programs. The department may coordinate such marketing and outreach efforts with soil and water conservation districts and other partners. c. (1) All moneys that are allocated to the game bird buffer strip assistance account shall accumulate in the account for a period of three years. At the end of the three-year period, the moneys in the account shall be used by the department to carry out the purposes of the game bird buffer strip assistance program as set forth in paragraph "b". The department shall, by rule pursuant to chapter 17A, establish eligibility requirements for the program and procedures for applications for and approval of projects to be funded under the program. The department shall expend moneys from the account only for projects on private land that is accessible to the public for recreational hunting. (2) Additional moneys that are generated by game bird wildlife habitat fees and allocated to the game bird buffer strip assistance account shall accumulate in the account and shall be used by the department every three years as set forth in subparagraph (1). Section History: Recent Form 2007 Acts, ch 194, §4 Referred to in § 483A.3 483A.4 "PERMANENT DISABILITY" DEFINED. For the purpose of obtaining a license, a person has a permanent disability if any of the following apply: 1. The person has been found under the provisions of the federal Social Security Act, Title II, or any other public or private pension system to have a total, permanent physical or mental condition which prevents that person from engaging in the person's occupation or qualifies that person for retirement. 2. The person has a severe physical disability and has qualified for a special license under section 483A.24. Section History: Early Form [C79, 81, § 110.4] Section History: Recent Form 84 Acts, ch 1260, § 4 C93, § 483A.4 96 Acts, ch 1129, § 99 483A.5 LICENSE FOR FUR-BEARING ANIMALS. A fur harvester license is required to hunt and to trap any fur-bearing animal. A hunting license is not required when hunting furbearers with a fur harvester license. However, coyote and groundhog may be hunted with a hunting or a fur harvester license. Section History: Recent Form 84 Acts, ch 1260, § 12 C85, § 110.5 85 Acts, ch 10, § 2; 86 Acts, ch 1114, § 3 C93, § 483A.5 98 Acts, ch 1199, §7, 27; 98 Acts, ch 1223, §30 483A.6 TROUT FISHING FEE. Any person required to have a fishing license shall not fish for or possess trout unless that person has paid the trout fishing fee. The proceeds from the fee shall be used exclusively for the trout program designated by the commission. The commission may grant a permit to a community event in which trout will be stocked in water which is not designated trout water and a person may catch and possess trout during the period and from the water covered by the permit without having paid the trout fishing fee. Section History: Early Form [C62, 66, 71, 73, 75, 77, § 110.1; C79, 81, § 110.6] Section History: Recent Form 86 Acts, ch 1240, § 2; 86 Acts, ch 1245, § 1877 C93, § 483A.6 98 Acts, ch 1199, §8, 27; 98 Acts, ch 1223, §30; 2003 Acts, ch 152, §5, 6 Referred to in § 805.8B(3b) For applicable scheduled fine, see §805.8B, subsection 3, paragraph b Footnotes 2003 amendment takes effect December 15, 2003, and applies to licenses and fees for years beginning on or after January 1, 2004; 2003 Acts, ch 152, § 6 483A.7 WILD TURKEY LICENSE AND TAG. 1. A resident hunting wild turkey who is required to have a license must have a resident hunting license in addition to the wild turkey hunting license and must pay the wildlife habitat fee. Upon application and payment of the required fees for archery-only licenses, a resident archer shall be issued two wild turkey licenses for the spring season. 2. The wild turkey hunting license shall be accompanied by a tag designed to be used only once. If a wild turkey is taken, the wild turkey shall be tagged and the tag shall be dated. 3. A nonresident wild turkey hunter is required to have a nonresident hunting license and a nonresident wild turkey hunting license and pay the wildlife habitat fee. The commission shall annually limit to two thousand three hundred licenses the number of nonresidents allowed to have wild turkey hunting licenses. Of the two thousand three hundred licenses, one hundred fifty licenses shall be valid for hunting with muzzle loading shotguns only. The commission shall allocate the nonresident wild turkey hunting licenses issued among the zones based on the populations of wild turkey. A nonresident applying for a wild turkey hunting license must exhibit proof of having successfully completed a hunter safety and ethics education program as provided in section 483A.27 or its equivalent as determined by the department before the license is issued. Section History: Recent Form 86 Acts, ch 1240, § 3 C87, § 110.7 89 Acts, ch 237, §2; 90 Acts, ch 1003, § 1 C93, § 483A.7 94 Acts, ch 1111, §1; 98 Acts, ch 1199, §9, 27; 98 Acts, ch 1223, §30; 2001 Acts, ch 134, §4; 2001 Acts, ch 148, §5, 9; 2002 Acts, ch 1119, §63 Referred to in § 483A.24, 805.8B(3c) For applicable scheduled fines, see §805.8B, subsection 3, paragraph c 483A.8 DEER LICENSE AND TAG. 1. A resident hunting deer who is required to have a hunting license must have a resident hunting license in addition to the deer hunting license and must pay the wildlife habitat fee. In addition, a resident who purchases a deer hunting license shall pay a one dollar fee that shall be used and is appropriated for the purpose of deer herd population management, including assisting with the cost of processing deer donated to the help us stop hunger program administered by the commission. 2. The deer hunting license shall be accompanied by a tag designed to be used only once. When a deer is taken, the deer shall be tagged and the tag shall be dated. 3. a. A nonresident hunting deer is required to have a nonresident hunting license and a nonresident deer license and must pay the wildlife habitat fee. In addition, a nonresident who purchases a deer hunting license shall pay a one dollar fee that shall be used and is appropriated for the purpose of deer herd population management, including assisting with the cost of processing deer donated to the help us stop hunger program administered by the commission. b. A nonresident who purchases an antlered or any sex deer hunting license pursuant to section 483A.1, subsection 2, paragraph "e", is required to purchase an antlerless deer only deer hunting license at the same time, pursuant to section 483A.1, subsection 2, paragraph "f". c. The commission shall annually limit to six thousand the number of nonresidents allowed to have antlered or any sex deer hunting licenses. Of the six thousand nonresident antlered or any sex deer licenses issued, not more than thirty-five percent of the licenses shall be bow season licenses. After the six thousand antlered or any sex nonresident deer licenses have been issued, all additional licenses shall be issued for antlerless deer only. The commission shall annually determine the number of nonresident antlerless deer only deer hunting licenses that will be available for issuance. d. The commission shall allocate all nonresident deer hunting licenses issued among the zones based on the populations of deer. However, a nonresident applicant may request one or more hunting zones, in order of preference, in which the applicant wishes to hunt. If the request cannot be fulfilled, the applicable fees shall be returned to the applicant. A nonresident applying for a deer hunting license must exhibit proof of having successfully completed a hunter safety and ethics education program as provided in section 483A.27 or its equivalent as determined by the department before the license is issued. 4. The commission may provide, by rule, for the issuance of an additional antlerless deer license to a person who has been issued an antlerless deer license. The rules shall specify the number of additional antlerless deer licenses which may be issued, and the season and zone in which the license is valid. The fee for an additional antlerless deer license shall be ten dollars for residents. 5. A nonresident owning land in this state may apply for a nonresident antlered or any sex deer hunting license, and the provisions of subsection 3 shall apply. However, if a nonresident owning land in this state is unsuccessful in obtaining one of the nonresident antlered or any sex deer hunting licenses, the landowner shall be given preference for one of the antlerless deer only nonresident deer hunting licenses available pursuant to subsection 3. A nonresident owning land in this state shall pay the fee for a nonresident antlerless only deer license and the license shall be valid to hunt on the nonresident's land only. If one or more parcels of land have multiple nonresident owners, only one of the nonresident owners is eligible for a nonresident antlerless only deer license. If a nonresident jointly owns land in this state with a resident, the nonresident shall not be given preference for a nonresident antlerless only deer license. The department may require proof of land ownership from a nonresident landowner applying for a nonresident antlerless only deer license. 6. The commission shall provide by rule for the annual issuance to a nonresident of a nonresident antlerless deer hunting license that is valid for use only during the period beginning on December 24 and ending at sunset on January 2 of the following year, and costs fifty dollars. A nonresident hunting deer with a license issued under this subsection shall be otherwise qualified to hunt deer in this state and shall have a nonresident hunting license, pay the wildlife habitat fee, and pay the one dollar fee for the purpose of deer herd population management as provided in subsection 3. Pursuant to this subsection, the commission shall make available for issuance only the remaining nonresident antlerless deer hunting licenses allocated under subsection 3 that have not yet been issued for the current year's nonresident antlerless deer hunting seasons. 7. A person who is issued a youth deer hunting license and does not take a deer during the youth deer hunting season may use the deer hunting license and unused tag during any other firearm season that is established by the commission to take a deer of either sex. Section History: Early Form [C79, 81, § 110.8] Section History: Recent Form 86 Acts, ch 1240, § 4; 89 Acts, ch 237, §3; 90 Acts, ch 1003, §2 C93, § 483A.8 94 Acts, ch 1111, §2; 98 Acts, ch 1199, §10, 27; 98 Acts, ch 1203, §5--7; 98 Acts, ch 1223, §28--30; 2001 Acts, ch 134, §5; 2001 Acts, ch 148, §6, 7, 9; 2002 Acts, ch 1119, §64; 2003 Acts, ch 85, §1; 2005 Acts, ch 139, §4; 2005 Acts, ch 179, §132; 2007 Acts, ch 129, §1 Referred to in § 483A.24, 805.8B(3c) For applicable scheduled fines, see §805.8B, subsection 3, paragraph c Issuance of licenses to minors, see §483A.24 483A.8A DEER HARVEST REPORTING SYSTEM. 1. The commission shall provide, by rule, for the establishment of a deer harvest reporting system for the purpose of collecting information from deer hunters concerning the deer population in this state. Each person who is issued a deer hunting license in this state shall report such information pursuant to this section. Information collected by the commission pursuant to the deer harvest reporting system from a deer hunter who takes a deer shall be limited to the following: a. The county where the deer was taken. b. The season during which the deer was taken. c. The sex of the deer taken. d. The age of the deer taken. e. The type of weapon used. f. The hunting license number of the hunter. g. The number of days the hunter hunted. h. The total number of deer taken by the hunter. 2. The deer harvest reporting system established by the commission shall utilize and is limited to utilizing one or more of the following methods of reporting deer taken by hunters: a. A toll-free telephone number. b. A postcard. c. Reporting at an electronic licensing location. d. Electronic internet communication. Section Hiry: Recent Form 2005 Acts, ch 139, §5 483A.8B SENIOR CROSSBOW DEER HUNTING LICENSES. A person who is a resident and who is seventy years of age or older may be issued one special senior statewide antlerless deer only crossbow deer hunting license to hunt deer during bow season as established by rule by the commission. A person who obtains a license to hunt deer under this section is not required to pay the wildlife habitat fee but shall be otherwise qualified to hunt deer in this state and shall have a resident hunting license. A person may obtain a license under this section in addition to a statewide antlered or any sex deer hunting bow season license. Season dates, shooting hours, limits, license quotas, and other regulations for this license shall be the same as set forth by the commission by rule for bow season deer hunts. Section History: Recent Form 2006 Acts, ch 1064, §1 483A.9 BLANKS. The director shall provide blanks for, and determine the method, means, and requirements of issuing licenses including the issuance of licenses by electronic means. Section History: Early Form [S13, § 2563-a3; C24, 27, 31, § 1722; C35, § 1794-e2; C39, § 1794.083; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 110.2; C79, 81, § 110.9] Section History: Recent Form 86 Acts, ch 1245, § 1878 C93, § 483A.9 98 Acts, ch 1199, §11, 27; 98 Acts, ch 1223, §30 483A.10 ISSUANCE OF LICENSES. The licenses issued pursuant to this chapter shall be issued by the department or the license agents as specified by rules of the commission. A county recorder may issue licenses subject to the rules of the commission. The rules shall include the application procedures as necessary. The licenses shall show the total cost of the license including a writing fee to be retained by the license agent and any administrative fees to be forwarded to the department, if applicable. A person authorized to issue a license or collect a fee pursuant to this chapter or chapter 484A shall charge the fee specified in this chapter or chapter 484A only plus a writing fee and administrative fee, if applicable. Section History: Early Form [SS15, § 2563-a4; C24, 27, 31, § 1724; C35, § 1794-e3; C39, § 1794.084; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 110.3; C79, 81, § 110.10] Section History: Recent Form 84 Acts, ch 1260, § 5 C93, § 483A.10 98 Acts, ch 1199, §12, 27; 98 Acts, ch 1223, §30; 2000 Acts, ch 1019, §3; 2001 Acts, ch 134, §6 Referred to in § 331.602 483A.11 LICENSE AGENTS. The director may designate license agents for the sale of licenses, but in so doing the interest of the state shall be fully protected. Section History: Early Form [C31, § 1724-c1; C35, § 1794-e4; C39, § 1794.085; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 110.4; C79, 81, § 110.11] Section History: Recent Form 84 Acts, ch 1260, § 6 C93, § 483A.11 98 Acts, ch 1199, §13, 27; 98 Acts, ch 1223, §30; 2001 Acts, ch 134, §7 Referred to in § 321G.4A, 321G.6, 321I.5, 321I.7 483A.12 FEES. The license agent shall be responsible for all fees for the issuance of hunting, fishing, and fur harvester licenses sold by the license agent. All unused license blanks shall be surrendered to the department upon the department's demand. A license agent shall retain a writing fee of fifty cents from the sale of each license except that the writing fee for a free deer or wild turkey license as authorized under section 483A.24, subsection 2, shall be one dollar. If a county recorder is a license agent, the writing fees retained by the county recorder shall be deposited in the general fund of the county. Section History: Early Form [C31, § 1724-c1; C35, § 1794-e5; C39, § 1794.086; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 110.5; C79, 81, § 110.12] Section History: Recent Form 83 Acts, ch 123, § 56, 209; 84 Acts, ch 1260, § 7 C93, § 483A.12 98 Acts, ch 1199, §14, 27; 98 Acts, ch 1223, §30; 2001 Acts, ch 134, §8 Referred to in § 331.427, 331.602, 331.605 483A.13 DESTROYED BLANKS. When license blanks in the possession of a license agent are accidentally destroyed, the holder of the blanks shall only be relieved from accountability upon the presentation of satisfactory explanation and the filing of a bond to the director that the blanks have actually been so destroyed. The commission may determine by rule what shall constitute a satisfactory explanation of the occurrence. Section History: Early Form [C35, § 1794-e6; C39, § 1794.087; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 110.6; C79, 81, § 110.13] Section History: Recent Form C93, § 483A.13 2001 Acts, ch 134, §9 Referred to in § 331.602 483A.14 DUPLICATE LICENSES AND PERMITS. When any license for which a fee has been set has been lost, destroyed, or stolen, the director or a license agent may issue a replacement license, if evidence is available to demonstrate issuance of the original license and a fee of two dollars is paid, to be placed in the fish and game protection fund. If, on examination of the evidence, the director or the license agent, as the case may be, is satisfied that the license has been lost, destroyed, or stolen, the director or the license agent shall issue a duplicate license which shall be plainly marked "duplicate" and the duplicate shall serve in lieu of the original license and it shall contain the same information and signature as the original. The license agent shall charge a writing fee of one dollar and the departmental administrative fee for each duplicate license issued pursuant to this section. The license agent shall retain the writing fee. Section History: Early Form [C39, § 1794.088; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 110.7; C79, 81, § 110.14] Section History: Recent Form C93, § 483A.14 98 Acts, ch 1199, §15, 27; 98 Acts, ch 1223, §30; 2001 Acts, ch 134, §10 Referred to in § 331.602 483A.15 ACCOUNTING. The director shall establish, by rule, specific requirements for remittance of funds, and the necessary accounting and reporting for all types of licenses issued based on the manner and location of the issuance. Section History: Early Form [SS15, § 2563-a4; C24, 27, 31, § 1725; C35, § 1794-e7; C39, § 1794.089; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 110.8; C79, 81, § 110.15] Section History: Recent Form C93, § 483A.15 98 Acts, ch 1199, §16, 27; 98 Acts, ch 1223, §30 Referred to in § 331.602 483A.16 DUPLICATE ISSUANCE. Repealed by 98 Acts, ch 1199, §26, 27; 98 Acts, ch 1223, §30. 483A.17 TENURE OF LICENSE. Every license, except as otherwise provided in this chapter, is valid from the date issued to January 10 of the succeeding calendar year for which it is issued. A license shall not be issued prior to December 15 for the subsequent calendar year. Section History: Early Form [S13, §2563-a8; C24, 27, 31, §1727; C35, § 1794-e9; C39, § 1794.091; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 110.10; C79, 81, § 110.17] Section History: Recent Form 84 Acts, ch 1260, §8 C93, §483A.17 95 Acts, ch 46, §3; 2001 Acts, ch 134, §11 483A.18 FORM OF LICENSES. All hunting, fishing, and fur harvester licenses shall contain a general description of the licensee. Such licenses shall be upon such forms as the commission shall adopt. The address and the signature of the applicant and all signatures and other writing shall be in ink. All licenses shall clearly indicate the nature of the privilege granted. Section History: Early Form [S13, § 2563-a3, -a8; C24, 27, 31, § 1722, 1727; C35, § 1794-e10; C39, § 1794.092; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 110.11; C79, 81, § 110.18] Section History: Recent Form 84 Acts, ch 1260, § 9 C93, § 483A.18 483A.19 SHOWING LICENSE DOCUMENT TO OFFICER. Every person shall, while fishing, hunting, or fur harvesting, show the person's license document to any peace officer or the owner or person in lawful control of the land or water upon which licensee may be hunting, fishing, or fur harvesting when requested by the persons to do so. Any failure to so carry or refusal to show or so exhibit the person's license document shall be a violation of this chapter. However, except for possession and exhibition of deer licenses and tags or wild turkey licenses and tags, a person charged with violating this section shall not be convicted if the person produces in court, within a reasonable time, a license document for hunting, fishing, or fur harvesting issued to that person and valid when the person was charged with a violation of this section. Section History: Early Form [C39, § 1794.093; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 110.12; C79, 81, § 110.19] Section History: Recent Form C93, § 483A.19 96 Acts, ch 1034, § 46; 98 Acts, ch 1199, §17, 27; 98 Acts, ch 1223, §30; 2001 Acts, ch 134, §12 Referred to in § 805.8B(3b) For applicable scheduled fines, see §805.8B, subsection 3, paragraph b 483A.20 RECIPROCITY. Licenses for bait dealers or for fishing, hunting, or fur harvesting shall not be issued to residents of states that do not sell similar licenses or certificates to residents of Iowa. However, this requirement is not applicable to the licensing of nonresident wholesale bait dealers who sell to licensed wholesale bait dealers in Iowa for resale. Section History: Recent Form 86 Acts, ch 1141, § 16 C87, § 110.20 C93, § 483A.20 96 Acts, ch 1034, § 47; 2003 Acts, ch 120, §5, 6; 2004 Acts, ch 1105, §1, 2 483A.21 REVOCATION OR SUSPENSION. Upon the conviction of a licensee of any violation of chapter 481A, or of this chapter, or of any administrative order adopted and published by the commission, the magistrate may, as a part of the judgment, revoke one or more license privileges of the licensee, or suspend the privileges for any definite period. The magistrate shall revoke the hunting license or suspend the privilege of procuring a hunting license for a period of one year of any person who has been convicted twice within a year of trespassing while hunting. If any of the license privileges of a licensee who purchased more than one license privilege is revoked, the remaining license privileges of the licensee shall still be valid and the magistrate shall enter on the license document the privilege that is revoked. A person shall not purchase a license for a privilege that was revoked or suspended during the period of revocation or suspension. In addition to other civil and criminal penalties imposed for illegally taking or possessing an elk, antelope, buffalo, or moose, the court shall revoke the hunting license of a violator. The violator shall not be allowed to procure a hunting license for the next two calendar years. Section History: Early Form [S13, § 2563-a9; C24, 27, 31, § 1729; C35, § 1794-e12; C39, § 1794.095; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 110.14; C79, 81, § 110.21] Section History: Recent Form 86 Acts, ch 1245, § 1877; 90 Acts, ch 1142, § 2 C93, § 483A.21 2001 Acts, ch 134, §13 483A.22 RECORD OF REVOCATION. When a license is revoked, the date, cause, and tenure of such revocation shall be kept on file with the license records of the commission. The commission may refuse the issuance of a new license to any person whose license has been revoked. Section History: Early Form [S13, § 2563-a7; C24, 27, 31, § 1726; C35, § 1794-e13; C39, § 1794.096; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 110.15; C79, 81, § 110.22] Section History: Recent Form C93, § 483A.22 2001 Acts, ch 134, §14 Referred to in § 331.602 483A.22A SALE OF LICENSE LISTS. The department may establish, by rule, fees for lists of licensees. Notwithstanding section 22.3, the fee for a list of licensees may exceed the cost of preparing the list and providing the copying service. Section History: Recent Form 98 Acts, ch 1199, §18, 27; 98 Acts, ch 1223, §30 483A.23 GAME BIRDS OR ANIMALS AS PETS. Any person may possess not more than two game birds or fur-bearing animals confined as pets without being required to purchase a license as a game breeder, but the person shall not be allowed to increase the person's stock beyond the original number nor shall the person be allowed to kill or sell such stock. Game birds or animals confined as authorized in this section must be obtained from a licensed game breeder or a legal source outside of this state. Section History: Early Form [C24, 27, 31, § 1720; C35, § 1794-e14; C39, § 1794.097; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 110.16; C79, 81, § 110.23] Section History: Recent Form C93, § 483A.23 Referred to in § 805.8B(3c) For applicable scheduled fines, see §805.8B, subsection 3, paragraph c 483A.24 WHEN LICENSE NOT REQUIRED -- SPECIAL LICENSES. 1. Owners or tenants of land, and their juvenile children, may hunt, fish or trap upon such lands and may shoot by lawful means ground squirrels, gophers, or woodchucks upon adjacent roads without securing a license so to do; except, special licenses to hunt deer and wild turkey shall be required of owners and tenants but they shall not be required to have a special wild turkey hunting license to hunt wild turkey on a hunting preserve licensed under chapter 484B. 2. a. As used in this subsection: (1) "Family member" means a resident of Iowa who is the spouse or child of the owner or tenant and who resides with the owner or tenant. (2) "Farm unit" means all parcels of land which are certified by the commission pursuant to rule as meeting all of the following requirements: (a) Are in tracts of two or more contiguous acres. (b) Are operated as a unit for agricultural purposes. (c) Are under the lawful control of the owner or the tenant. (3) "Owner" means an owner of a farm unit who is a resident of Iowa and who is one of the following: (a) Is the sole operator of the farm unit. (b) Makes all of the farm operation decisions but contracts for custom farming or hires labor for all or part of the work on the farm unit. (c) Participates annually in farm operation decisions or cropping practices on specific fields of the farm unit that are rented to a tenant. (d) Raises specialty crops on the farm unit including, but not limited to, orchards, nurseries, or tree farms that do not always produce annual income but require annual operating decisions about maintenance or improvement. (e) Has all or part of the farm unit enrolled in a long-term agricultural land retirement program of the federal government. An "owner" does not mean a person who owns a farm unit and who employs a farm manager or third party to operate the farm unit, or a person who owns a farm unit and who rents the entire farm unit to a tenant who is responsible for all farm operations. However, this paragraph does not apply to an owner who is a parent of the tenant and who resides in this state. (4) "Tenant" means a person who is a resident of Iowa and who rents and actively farms a farm unit owned by another person. A member of the owner's family may be a tenant. A person who works on the farm for a wage and is not a family member does not qualify as a tenant. b. Upon written application on forms furnished by the department, the department shall issue annually without fee one wild turkey license to the owner of a farm unit or to a member of the owner's family, but not to both, and to the tenant or to a member of the tenant's family, but not to both. The wild turkey hunting license issued shall be valid only on the farm unit for which an applicant qualifies pursuant to this subsection and shall be equivalent to the least restrictive license issued under section 481A.38. The owner or the tenant need not reside on the farm unit to qualify for a free license to hunt on that farm unit. c. Upon written application on forms furnished by the department, the department shall issue annually without fee two deer hunting licenses, one antlered or any sex deer hunting license and one antlerless deer only deer hunting license, to the owner of a farm unit or a member of the owner's family, but only a total of two licenses for both, and to the tenant of a farm unit or a member of the tenant's family, but only a total of two licenses for both. The deer hunting licenses issued shall be valid only for use on the farm unit for which the applicant applies pursuant to this paragraph. The owner or the tenant need not reside on the farm unit to qualify for the free deer hunting licenses to hunt on that farm unit. The free deer hunting licenses issued pursuant to this paragraph shall be valid and may be used during any shotgun deer season. The licenses may be used to harvest deer in two different seasons. In addition, a person who receives a free deer hunting license pursuant to this paragraph shall pay a one dollar fee for each license that shall be used and is appropriated for the purpose of deer herd population management, including assisting with the cost of processing deer donated to the help us stop hunger program administered by the commission. d. In addition to the free deer hunting licenses received pursuant to paragraph "c", an owner of a farm unit or a member of the owner's family and the tenant or a member of the tenant's family may purchase a deer hunting license for any option offered to paying deer hunting licensees. An owner of a farm unit or a member of the owner's family and the tenant or a member of the tenant's family may also purchase two additional antlerless deer hunting licenses which are valid only on the farm unit for a fee of ten dollars each. e. If the commission establishes a deer hunting season to occur in the first quarter of a calendar year that is separate from a deer hunting season that continues from the last quarter of the preceding calendar year, each owner and each tenant of a farm unit located within a zone where a deer hunting season is established, upon application, shall be issued a free deer hunting license for each of the two calendar quarters. Each license is valid only for hunting on the farm unit of the owner and tenant. f. A deer hunting license or wild turkey hunting license issued pursuant to this subsection shall be attested by the signature of the person to whom the license is issued and shall contain a statement in substantially the following form: By signing this license I certify that I qualify as an owner or tenant under Iowa Code section 483A.24. A person who makes a false attestation as described in this paragraph is guilty of a simple misdemeanor. In addition, the person's hunting license shall be revoked and the person shall not be issued a hunting license for a period of one year. 3. The director shall provide up to seventy-five nonresident deer hunting licenses for allocation as requested by a majority of a committee consisting of the majority leader of the senate, speaker of the house of representatives, and director of the department of economic development, or their designees. The licenses provided pursuant to the subsection shall be in addition to the number of nonresident licenses authorized pursuant to section 483A.8. The purpose of the special nonresident licenses is to allow state officials and local development groups to promote the state and its natural resources to nonresident guests and dignitaries. Photographs, videotapes, or any other form of media resulting from the hunting visitation shall not be used for political campaign purposes. The nonresident licenses shall be issued without application upon payment of the nonresident deer hunting license fee and the wildlife habitat fee. The licenses are valid in all zones open to deer hunting. The hunter safety and ethics education certificate requirement pursuant to section 483A.27 is waived for a nonresident issued a license pursuant to this subsection. 4. The director shall provide up to twenty-five nonresident wild turkey hunting licenses for allocation as requested by a majority of a committee consisting of the majority leader of the senate, speaker of the house of representatives, and director of the department of economic development, or their designees. The licenses provided pursuant to the subsection shall be in addition to the number of nonresident licenses authorized pursuant to section 483A.7. The purpose of the special nonresident licenses is to allow state officials and local development groups to promote the state and its natural resources to nonresident guests and dignitaries. Photographs, videotapes, or any other form of media resulting from the hunting visitation shall not be used for political campaign purposes. The nonresident licenses shall be issued without application upon payment of the nonresident wild turkey hunting license fee and the wildlife habitat fee. The licenses are valid in all zones open to wild turkey hunting. The hunter safety and ethics education certificate requirement pursuant to section 483A.27 is waived for a nonresident issued a license pursuant to this subsection. 5. A resident or nonresident of the state under sixteen years of age is not required to have a license to fish in the waters of the state. However, residents and nonresidents under sixteen years of age must pay the trout fishing fee to possess trout or they must fish for trout with a licensed adult who has paid the trout fishing fee and limit their combined catch to the daily limit established by the commission. 6. A license shall not be required of minor pupils of the state school for the blind, state school for the deaf, or of minor residents of other state institutions under the control of an administrator of a division of the department of human services. In addition, a person who is on active duty with the armed forces of the United States, on authorized leave from a duty station located outside of this state, and a resident of the state of Iowa shall not be required to have a license to hunt or fish in this state. The military person shall carry the person's leave papers and a copy of the person's current earnings statement showing a deduction for Iowa income taxes while hunting or fishing. In lieu of carrying the person's earnings statement, the military person may also claim residency if the person is registered to vote in this state. If a deer or wild turkey is taken, the military person shall immediately contact a state conservation officer to obtain an appropriate tag to transport the animal. A license shall not be required of residents of county care facilities or any person who is receiving supplementary assistance under chapter 249. 7. A resident of the state under sixteen years of age is not required to have a hunting license to hunt game if accompanied by the minor's parent or guardian or in company with any other competent adult with the consent of the minor's parent or guardian, if the person accompanying the minor possesses a valid hunting license; however, there must be one licensed adult accompanying each person under sixteen years of age. The minor must have a deer hunting license to hunt deer and a wild turkey hunting license to hunt wild turkey. 8. A person having a dog entered in a licensed field trial is not required to have a hunting license or fur harvester license to participate in the event or to exercise the person's dog on the area on which the field trial is to be held during the twenty-four-hour period immediately preceding the trial. 9. The commission shall issue without charge a special fishing license to residents of Iowa sixteen years or more of age who the commission finds have severe mental or physical disabilities. The commission is hereby authorized to prepare an application to be used by the person requesting the special license, which would require that the person's attending physician sign the form declaring that the person has a severe mental or physical disability and is eligible for exempt status. 10. No person shall be required to have a special wild turkey license to hunt wild turkey on a hunting preserve licensed under chapter 484B. 11. A lessee of a camping space at a campground may fish on a private lake or pond on the premises of the campground without a license if the lease confers an exclusive right to fish in common with the rights of the owner and other lessees. 12. The department may issue a permit, subject to conditions established by the department, which authorizes patients of a substance abuse facility, residents of health care facilities licensed under chapter 135C, tenants of elder group homes licensed under chapter 231B, tenants of assisted living program facilities licensed under chapter 231C, participants who attend adult day services programs licensed under chapter 231D, participants in services funded under a federal home and community-based services waiver implemented under the medical assistance program as defined in chapter 249A, and persons cared for in juvenile shelter care homes as provided for in chapter 232 to fish without a license as a supervised group. A person supervising a group pursuant to this subsection may fish with the group pursuant to the permit and is not required to obtain a fishing license. 13. Upon payment of the fee of five dollars for a lifetime fishing license or lifetime hunting and fishing combined license, the department shall issue a lifetime fishing license or lifetime hunting and fishing combined license to a resident of Iowa who is a veteran, as defined in section 35.1, or served in the armed forces of the United States for a minimum aggregate of ninety days of active federal service and who was disabled or was a prisoner of war during that veteran's military service. The department shall prepare an application to be used by a person requesting a lifetime fishing license or lifetime hunting and fishing combined license under this subsection. The department of veterans affairs shall assist the department in verifying the status or claims of applicants under this subsection. As used in this subsection, "disabled" means entitled to compensation under the United States Code, Title 38, ch. 11. 14. The department shall issue without charge a special annual fishing or combined hunting and fishing license to residents of this state who have permanent disabilities and whose income falls below the federal poverty guidelines as published by the United States department of health and human services or residents of this state who are sixty-five years of age or older and whose income falls below the federal poverty guidelines as published by the United States department of health and human services. The commission shall provide for, by rule, an application to be used by an applicant requesting a special license. The commission shall require proof of age, income, and proof of permanent disability. 15. The department may issue a permit, subject to conditions established by the department, which authorizes a student sixteen years of age or older attending an Iowa public or accredited nonpublic school who is participating in the Iowa department of natural resources fish Iowa! basic spincasting module to fish without a license as part of a supervised school outing. Section History: Early Form [S13, § 2563-a3; C24, 27, 31, § 1720, 1723; C35, § 1794-e15; C39, § 1794.098; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 110.17; C79, 81, § 110.24; 82 Acts, ch 1260, § 16] Section History: Recent Form 83 Acts, ch 96, § 59, 159; 84 Acts, ch 1260, § 10; 85 Acts, ch 10, §3; 85 Acts, ch 67, § 15; 86 Acts, ch 1240, § 5--7; 86 Acts, ch 1245, § 1877; 88 Acts, ch 1216, §42; 89 Acts, ch 74, § 1; 89 Acts, ch 87, §2, 3; 90 Acts, ch 1178, § 1, 2; 91 Acts, ch 237, § 4, 5; 92 Acts, ch 1140, § 12 C93, § 483A.24 94 Acts, ch 1018, §1; 94 Acts, ch 1023, §58; 96 Acts, ch 1129, § 100; 96 Acts, ch 1172, § 1; 97 Acts, ch 180, §6; 98 Acts, ch 1199, §19, 20, 27; 98 Acts, ch 1223, §30; 99 Acts, ch 180, §20; 2000 Acts, ch 1175, §3; 2001 Acts, ch 134, §15; 2001 Acts, ch 148, §8, 9; 2005 Acts, ch 115, §35, 40; 2005 Acts, ch 139, §6--10; 2005 Acts, ch 172, §24; 2006 Acts, ch 1010, §125; 2006 Acts, ch 1026, §1; 2006 Acts, ch 1043, §1; 2006 Acts, ch 1108, §1; 2007 Acts, ch 66, §1 Referred to in § 481A.123, 483A.4, 483A.12, 805.8B(3c) For applicable scheduled fines, see §805.8B, subsection 3, paragraph c 483A.24A HARVESTED DEER. Repealed by 2005 Acts, ch 139, § 27. 483A.24B SPECIAL DEER HUNTS. 1. The commission may establish a special season deer hunt for antlerless deer in those counties where paid antlerless only deer hunting licenses remain available for issuance. 2. Antlerless deer may be taken by shotgun, muzzleloading rifle, muzzleloading pistol, handgun, or bow during the special season as provided by the commission by rule. 3. Prior to December 15, a resident may obtain up to three paid antlerless only deer hunting licenses for the special season regardless of how many paid or free gun or bow deer hunting licenses the person may have already obtained. Beginning December 15, a resident or nonresident may purchase an unlimited number of antlerless only deer hunting licenses for the special season. 4. All antlerless deer hunting licenses issued pursuant to this section shall be included in the quotas established by the commission by rule for each county and shall be available in each county only until the quota established by the commission for that county is filled. 5. The daily bag and possession limit during the special season is one deer per license. The tagging requirements are the same as for the regular gun season. 6. A person who receives a license pursuant to this section shall be otherwise qualified to hunt deer in this state and shall have a hunting license and pay the wildlife habitat fee. 7. A person violating a provision of this section or a rule adopted pursuant to this section is guilty of a simple misdemeanor punishable as a scheduled violation as provided in section 483A.42. Section History: Recent Form 2005 Acts, ch 139, §11 483A.24C DEER DEPREDATION MANAGEMENT AGREEMENTS -- PERMITS. It is the intent of the general assembly that the department shall administer and enforce the administrative rules concerning deer depredation that are contained in 571 IAC ch. 106. Section History: Recent Form 2005 Acts, ch 139, §12 483A.25 PHEASANT AND QUAIL RESTORATION PROGRAM -- APPROPRIATIONS. The revenue received from the resident hunting license fee increase in 2002 Acts, chapter 1141,{ for each fiscal year of the fiscal period beginning July 1, 2002, and ending June 30, 2007, is appropriated to the department. Of the amount appropriated to the department pursuant to this section, at least sixty percent shall be used to fund a pheasant and quail restoration program. The department shall submit a report annually on the pheasant and quail restoration program to the chairpersons of the house committee on natural resources and the senate committee on natural resources and environment not later than January 1, 2004, and not later than January 1 of each subsequent year. Section History: Recent Form 2002 Acts, ch 1141, §2 Footnotes {See §483A.1, subsection 1, paragraph c, for increased resident hunting license fee 483A.26 FALSE CLAIMS. A nonresident shall not obtain a resident license by falsely claiming residency in the state. The use of a license by a person other than the person to whom the license is issued is unlawful and nullifies the license. Section History: Early Form [82 Acts, ch 1013, § 1] Section History: Recent Form C83, § 110.26 84 Acts, ch 1260, § 11; 90 Acts, ch 1216, § 8 C93, § 483A.26 95 Acts, ch 76, § 2 Referred to in § 805.8B(3q) For applicable scheduled fines, see §805.8B, subsection 3, paragraph q 483A.27 HUNTER SAFETY AND ETHICS EDUCATION PROGRAM -- LICENSE REQUIREMENT. 1. A person born after January 1, 1972, shall not obtain a hunting license unless the person has satisfactorily completed a hunter safety and ethics education course approved by the commission. A person who is eleven years of age or more may enroll in an approved hunter safety and ethics education course, but a person who is eleven years of age and who has successfully completed the course shall be issued a certificate of completion which becomes valid on the person's twelfth birthday. A certificate of completion from an approved hunter safety and ethics education course issued in this state since 1960, by another state, or by a foreign nation, is valid for the requirements of this section. 2. A certificate of completion shall not be issued to a person who has not satisfactorily completed a minimum of ten hours of training in an approved hunter safety and ethics education course. The department shall establish the curriculum for the first ten hours of an approved hunter safety and ethics education course offered in this state. Upon completion of the ten-hour curriculum, each person shall pass an individual oral test or a written test provided by the department. The department shall establish the criteria for successfully passing the tests. Based on the results of the test and demonstrated safe handling of a firearm, the instructor shall determine the persons who shall be issued a certificate of completion. 3. The department shall provide a manual on hunter safety education which shall be used by all instructors and persons receiving hunter safety and ethics education training in this state. 4. The department shall provide for the certification of persons who wish to become hunter safety and ethics instructors. A person shall not act as an instructor in hunter safety and ethics education as provided in this section without first obtaining an instructor's certificate from the department. 5. An officer of the department or a certified instructor may issue a certificate to a person who has not completed the hunter safety and ethics education course but meets the criteria established by the commission. 6. A public or private school or organization approved by the department may co-operate with the department in providing a course in hunter safety and ethics education as provided in this section. 7. A hunting license obtained under this section by a person who gave false information or presented a fraudulent certificate of completion shall be revoked and a new hunting license shall not be issued for at least two years from the date of conviction. A hunting license obtained by a person who was born after January 1, 1972, but has not satisfactorily completed the hunter safety and ethics education course or has not met the requirements established by the commission, shall be revoked. 8. The commission shall adopt rules in accordance with chapter 17A as necessary to carry out the administration of this section. 9. The initial hunter safety certificate shall be issued without cost. A duplicate certificate shall be issued at a cost of three dollars. 10. A person under eighteen years of age who is required to exhibit a valid hunting license, shall also exhibit a valid certificate of completion from a state approved hunter safety and ethics education course upon request of an officer of the department. A failure to carry or refusal to exhibit the certificate of completion as provided in this subsection is a violation of this chapter. A violator is guilty of a simple misdemeanor as provided in section 483A.42. 11. A hunter safety and ethics instructor certified by the department shall be allowed to conduct an approved hunter safety and ethics education course on public school property with the approval of a majority of the board of directors of the school district. The conduct of an approved hunter safety and ethics education course is not a violation of any public policy, rule, regulation, resolution, or ordinance which prohibits the possession, display, or use of a firearm, bow and arrow, or other hunting weapon on public school property or other public property in this state. Section History: Early Form [82 Acts, ch 1035, § 1] Section History: Recent Form C83, § 110.27 85 Acts, ch 104, § 1; 86 Acts, ch 1240, § 8; 86 Acts, ch 1245, § 1877; 91 Acts, ch 235, §1, 2 C93, § 483A.27 97 Acts, ch 96, §1, 2; 2001 Acts, ch 176, §43; 2007 Acts, ch 28, §19 Referred to in § 483A.7, 483A.8, 483A.24, 805.8B(3b) For applicable scheduled fines, see §805.8B, subsection 3, paragraph b 483A.28 AND 483A.29 Reserved. 483A.30 NONRESIDENT DEER AND TURKEY LICENSE FEES. Repealed by 97 Acts, ch 180, §7. 483A.31 RECIPROCAL FISHING PRIVILEGES AUTHORIZED. 1. Reciprocal fishing privileges are contingent upon a grant of similar privileges by another state to residents of this state. 2. The commission may negotiate fishing reciprocity agreements with other states. 3. When another state confers upon fishing licensees of this state reciprocal rights, privileges, and immunities, a fishing license issued by that state entitles the licensee to all rights, privileges, and immunities in the public waters of this state enjoyed by the holders of equivalent licenses issued by this state, subject to duties, responsibilities, and liabilities imposed on its own licensees by the laws of this state. Section History: Recent Form 90 Acts, ch 1178, §3 C91, § 110.31 C93, § 483A.31 483A.32 PUBLIC NUISANCE. Any device, contrivance, or material used to violate a rule adopted by the commission, or any other provision of this chapter or chapter 481A, 481B, 482, 484A, or 484B, is a public nuisance and may be condemned by the state. The director, the director's officers, or any peace officer, shall seize the devices, contrivances, or materials used as a public nuisance, without warrant or process, and deliver them to a magistrate having jurisdiction. An automobile shall not be construed to be a public nuisance under this section. Section History: Early Form [C73, § 4052; C97, § 2540; SS15, § 2539, 2540; C24, 27, 31, § 1715; C35, § 1794-e16; C39, § 1794.099; C46, 50, 54, 58, 62, 66, § 110.18; C71, 73, 75, 77, § 110.19; C79, 81, § 110.32] Section History: Recent Form 86 Acts, ch 1240, § 9; 86 Acts, ch 1245, § 1878 C93, § 483A.32 98 Acts, ch 1125, §1 Referred to in § 462A.27, 483A.33 Nuisances in general, chapter 657 483A.33 DISPOSITION OF PROPERTY SEIZED AS PUBLIC NUISANCE. The disposition of property seized pursuant to section 483A.32 shall be conducted as follows: 1. The officer taking possession of property seized as a public nuisance shall make a written inventory of the property and deliver a copy of the inventory to the person from whom the property was seized. The inventory shall include the name of the person taking custody of the seized property, the date and time of seizure, location of the seizure, and the name of the seizing public agency. Property which has been seized shall be safely secured and stored by the public agency which caused its seizure unless directed otherwise by the county attorney of the county where the property was seized or by the attorney general. 2. a. The county attorney or attorney general may file with the clerk of the district court for the county in which the property was seized a notice of condemnation which shall include a description of the property claimed to be condemned by the state, the grounds upon which the state claims that the property has been condemned, the date and place of seizure, and the name of the person from whom the property was seized. b. The notice shall be filed not later than six months after the property was seized. Failure to file within the time limit terminates the state's right to claim a condemnation of the property. c. The state shall give notice of condemnation to the person from whom the property was seized and any person identified as an owner or lien holder, by certified mail, personal service, or publication. 3. a. The person from whom the property was seized may make application for its return in the office of the clerk of the district court for the county in which the property was seized. The application shall be filed within thirty days after the receipt of the notice of condemnation. Failure to file the application within this time period terminates the interest of the person and the ownership of the property shall be transferred to the state. b. The application for return of condemnable property shall be written and shall state the specific item or items sought, the nature and the source of the claimant's interest in the property, and the grounds upon which the claimant seeks to avoid condemnation. The ownership of property is not sufficient grounds for its return. The written application shall be specific and the claimant shall be limited at the judicial hearing to proof of the grounds set forth in the application for return. The fact that the property is inadmissible as evidence or that it may be suppressed is not grounds for its return. If specific grounds for return are not provided in the application for return, or the grounds are insufficient as a matter of law, the court may enter judgment on the pleadings without further hearing. 4. If an application for return of condemnable property is timely and of sufficient grounds, the claim shall be set for hearing. The hearing shall be held not less than ten nor more than thirty days after the filing of the claim. The proceeding shall be conducted by a magistrate or a district associate judge. All claims to the same property shall be heard in one proceeding, unless it is shown that the proceeding would result in prejudice to one or more of the parties. 5. a. Upon a finding by the court that the property is condemnable, the court shall enter an order transferring title of the property to the state, and placed at the disposal of the director, who may use or sell the property, depositing the proceeds of the sale in the state fish and game protection fund. b. Upon a finding by the court that the property should not be condemned, the property shall be returned to the person from whom it was seized. If the property is necessary for use as evidence in a criminal proceeding, the property shall not be returned until its use as evidence is no longer required. Section History: Early Form [C35, § 1794-e17,-e18; C39, § 1794.100, 1794.101; C46, 50, 54, 58, 62, 66, § 110.19, 110.20; C71, 73, 75, 77, § 110.20, 110.21; C79, 81, § 110.33] Section History: Recent Form C93, § 483A.33 98 Acts, ch 1125, §2 Referred to in § 462A.27 483A.34 RIGHT TO APPEAL. An appeal from a denial of an application for return of condemnable property, or from an order for return of condemnable property, shall be made within ten days after the entry of a judgment order and shall be conducted in the same manner as an appeal in a small claims action. The appellant, other than the state, shall post a bond of a reasonable amount as the court may fix and approve, conditioned to pay all costs of the proceedings if the appellant is unsuccessful on appeal. Section History: Early Form [C35, § 1794-e19; C39, § 1794.102; C46, 50, 54, 58, 62, 66, § 110.21; C71, 73, 75, 77, § 110.22; C79, 81, § 110.34] Section History: Recent Form C93, § 483A.34 98 Acts, ch 1125, §3 Referred to in § 462A.27 483A.35 "GUN" DEFINED. The word "gun" as used in this chapter shall include every kind of a gun or rifle, except a revolver or pistol, and shall include those provided with pistol mountings which are designed to shoot shot cartridges. Section History: Early Form [C31, § 1772-c1; C35, § 1794-e20; C39, § 1794.103; C46, 50, 54, 58, 62, 66, § 110.22; C71, 73, 75, 77, § 110.23; C79, 81, § 110.35] Section History: Recent Form C93, § 483A.35 483A.36 MANNER OF CONVEYANCE. No person, except as permitted by law, shall have or carry a gun in or on a vehicle on a public highway, unless the gun is taken down or totally contained in a securely fastened case, and its barrels and magazines are unloaded. Section History: Early Form [C24, 27, 31, § 1772; C35, § 1794-e21; C39, § 1794.104; C46, 50, 54, 58, 62, 66, § 110.23; C71, 73, 75, 77, § 110.24; C79, 81, § 110.36] Section History: Recent Form 86 Acts, ch 1240, § 10 C93, § 483A.36 Referred to in § 805.8B(3r) For applicable scheduled fine, see §805.8B, subsection 3, paragraph r 483A.37 PROHIBITED GUNS. No person shall use a swivel gun, nor any other firearm, except such as is commonly shot from the shoulder or hand in the hunting, killing or pursuit of game, and no such gun shall be larger than number 10 gauge. Section History: Early Form [C97, § 2558; C24, 27, 31, § 1771; C35, § 1794-e22; C39, § 1794.105; C46, 50, 54, 58, 62, 66, § 110.24; C71, 73, 75, 77, § 110.25; C79, 81, § 110.37] Section History: Recent Form C93, § 483A.37 Referred to in § 805.8B(3d) For applicable scheduled fines, see §805.8B, subsection 3, paragraph d 483A.38 FREE FISHING DAYS. The commission may designate one period of the year of not more than three days as free fishing days and during that period the residents may fish and lawfully possess fish without a license. Section History: Recent Form 86 Acts, ch 1240, § 11 C87, § 110.38 C93, § 483A.38 483A.39 THROUGH 483A.41 Reserved. 483A.42 PENALTIES. A person who violates this chapter is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8B, subsection 3, paragraph "e". However, the scheduled fine specified in section 805.8B, subsection 3, paragraph "e", does not apply to a violation of this chapter for which another scheduled fine is specified in section 805.8B, subsection 3. Section History: Early Form [C46, 50, 54, 58, 62, 66, § 110.25; C71, 73, 75, 77, § 110.26; C79, 81, § 110.42] Section History: Recent Form 86 Acts, ch 1240, § 12 C93, § 483A.42 2000 Acts, ch 1203, §24; 2001 Acts, ch 130, §2; 2001 Acts, ch 137, §5 Referred to in § 483A.24B, 483A.27, 805.8B(3e) 483A.43 THROUGH 483A.49 Reserved. 483A.50 DEFINITIONS. When used in this division, unless the context otherwise requires: 1. "Bonds" means negotiable wildlife habitat bonds of the commission issued pursuant to this division and includes all bonds, notes, and other obligations issued in anticipation of these bonds or as refunding bonds pursuant to this division. 2. "Treasurer" means the treasurer of state of the state of Iowa. 3. "Wildlife habitat bond fund" means the fund created by section 483A.53. Section History: Recent Form 86 Acts, ch 1231, § 2 C87, § 110.50 C93, § 483A.50 483A.51 BONDS ISSUED BY THE COMMISSION. 1. The commission may issue its negotiable bonds in principal amounts as, in the opinion of the commission, are necessary to provide funds for the acquisition of real property for the development and enhancement of wildlife lands and habitat areas, the payment of interest on its bonds and all other expenditures of the commission incident to and necessary or convenient to carry out the acquisition. However, the commission shall not have a total principal amount of bonds outstanding at any time in excess of eight million dollars. The bonds shall be deemed to be investment securities and negotiable instruments within the meaning of and for all purposes of chapter 554, the uniform commercial code. 2. Bonds issued by the commission are payable solely and only from the revenues credited to the wildlife habitat bond fund. Taxes or appropriations shall not be pledged for the payment of the bonds. Bonds are not an obligation of this state or any political subdivision of this state other than the commission within the meaning of any constitutional or statutory debt limitations, but are special obligations of the commission payable solely and only from the sources provided in this division, and the commission shall not pledge the general credit or taxing power of this state or any political subdivision of this state or make its debts payable out of any moneys except those of the wildlife habitat bond fund. 3. Bonds must be authorized by a resolution of the commission. However, a resolution authorizing the issuance of obligations may delegate to an officer of the commission the power to negotiate and fix the details of an issue of bonds or notes by an appropriate certificate of the authorized officer. 4. The bond proceedings shall provide for the purpose of the bonds, principal amount and principal maturity or maturities, the interest rate or rates or the maximum interest rate, the date of the bonds and the dates of payment of interest on the bonds, their denomination, the terms and conditions upon which parity bonds may be issued, and the establishment within or without the state of a place or places of payment of principal of and interest on the bonds. The purpose of the bonds may be stated in the bond proceedings in terms describing the general purpose or purposes to be served. The commission may cause to be issued a prospectus or official statement in connection with the offering of the bonds. Bonds may be issued in coupon or in registered form, or both. Provision may be made for the registration of bonds with coupons attached as to principal alone, or as to both principal and interest, their exchange for bonds so registered, and for the conversion or reconversion into bonds with coupons attached of any bonds registered as to both principal and interest, and for reasonable charges for registration, exchange, conversion, and reconversion. Bonds shall be sold in the manner and at the time determined by the commission. Chapter 75 and sections 73A.12 through 73A.16 do not apply to these bonds. The bonds are negotiable instruments. The bond proceedings may contain additional provisions as to: a. The redemption of bonds prior to maturity at the option of the commission at the price and on the terms and conditions provided in the bond proceedings. b. Other terms of the bonds and concerning execution and delivery of the bonds. c. The delegation of responsibility for any act relating to the issuance, execution, sale, redemption, or other matter pertaining to the bonds to any other officer, agency of the state, or other person or body. d. Additional agreements with the bondholders relating to the bonds. e. Payment from the proceeds of the sale of the bonds of all legal and financial expenses incurred by the commission in the issuance, sale, delivery, and payment of the bonds. f. Other matters, alike or different, which may in any way affect the security of the bonds and the protection of the bondholders. 5. The power to issue bonds includes the power to issue obligations in the form of bond anticipation notes or other forms of short-term indebtedness and to renew these notes by the issuance of new notes. The holders of notes or interest coupons of notes have a right to be paid solely from those revenues credited to the wildlife habitat bond fund which were pledged to the payment of the bonds anticipated, or from the proceeds of those bonds or renewal notes, or both, as the commission provides in the bond proceedings authorizing the notes. The notes may be additionally secured by covenants of the commission to the effect that the commission will do those acts authorized by this division and necessary for the issuance of the bonds or renewal notes in appropriate amount, and either exchange the bonds or renewal notes for the notes, or apply the proceeds of the notes, to the extent necessary, to make full payment of the principal of and interest on the notes at the time contemplated, as provided in the bond proceedings. For this purpose, the commission may issue bonds or renewal notes in a principal amount and upon terms as authorized by this division and as necessary to provide funds to pay when required the principal of and interest on the outstanding notes. All provisions for and references to bonds in this division are applicable to notes authorized under this subsection to the extent not inconsistent with this subsection. 6. The commission may authorize and issue bonds for the refunding, including funding and retirement, and advance refunding with or without payment or redemption prior to maturity, of bonds previously issued by the commission. These bonds may be issued in amounts sufficient for payment of the principal amount of the prior bonds, any redemption premiums on the prior bonds, principal maturities of bonds maturing prior to the redemption of the remaining bonds on a parity with them, interest accrued or to accrue to the maturity date or dates of redemption of the bonds, and project costs including expenses incurred or to be incurred in connection with this issuance, refunding, funding, and retirement. Subject to the bond proceedings, the portion of proceeds of the sale of bonds issued under this subsection to be applied to principal of and interest on the prior bonds shall be credited to the appropriate account for the prior bonds. Bonds authorized under this subsection shall be deemed to be issued for those purposes for which the prior bonds were issued and are subject to the provisions of this division pertaining to other bonds. Refunding bonds may be issued without regard to whether or not the bonds to be refunded are payable on the same date or different dates or due serially or otherwise. Section History: Recent Form 86 Acts, ch 1231, § 3 C87, § 110.51 C93, § 483A.51 483A.52 ADDITIONAL POWERS OF COMMISSION. In connection with the issuance of the bonds or in order to secure the payment of the bonds and interest on the bonds, the commission may by resolution: 1. Provide that the bonds be secured by a first lien on the revenues and receipts received or to be received into the wildlife habitat bond fund from income from the investment of the wildlife habitat bond fund, from moneys received from the sale of bonds, and from any other moneys which are available for the payment of bond service charges. 2. Pledge for the benefit of the bondholders any part of the receipts in the wildlife habitat bond fund. The pledge shall be effective without physical delivery or further act and moneys in the fund may be applied for the purposes as pledged without the necessity of an Act of appropriation. 3. Establish, authorize, set aside, regulate, and dispose of reserves and sinking funds. 4. Provide that sufficient amounts of the proceeds of the sale of the bonds may be used to fully or partially fund any and all reserves or sinking funds set out by the bond resolution. 5. Prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of the bonds whose holders must consent thereto, and the manner in which the consent may be given. 6. Purchase bonds, out of funds available for that purpose, which shall be canceled, at a price not exceeding either of the following: a. If the bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date. b. If the bonds are not then redeemable, the redemption price applicable on the first date after the purchase upon which the bonds become subject to redemption plus accrued interest to that date. Section History: Recent Form 86 Acts, ch 1231, § 4 C87, § 110.52 C93, § 483A.52 Referred to in § 483A.53 483A.53 PAYMENT OF BONDS. A wildlife habitat bond fund is created in the state treasury. At the direction of the commission as provided in the bond proceedings or pursuant to section 483A.52, subsection 1 or 2, and as certified by the director, the treasurer of state shall credit to the wildlife habitat bond fund from the revenues received from the sale of wildlife habitat stamps a sum at least sufficient to pay interest on the bonds in each fiscal year and principal on the bonds that mature during each fiscal year. In each fiscal year after July 1, 1986 and after bonds are issued, and until all the bonds issued have been retired, in order to provide for the payment of principal of the bonds issued and sold and the interest on them as the same become due and mature, there is pledged and annually appropriated out of the revenues to be credited to the wildlife habitat bond fund an amount sufficient to pay principal and interest on the bonds issued for each of the years the bonds are outstanding. The director shall annually certify to the treasurer the amount of funds required to pay interest on the bonds in the ensuing fiscal year and the principal on the bonds that mature during the ensuing fiscal year. Section History: Recent Form 86 Acts, ch 1231, § 5 C87, § 110.53 C93, § 483A.53 Referred to in § 483A.3, 483A.50 483A.54 NONLIABILITY OF THE STATE AND ITS OFFICIALS. Bonds issued are special limited obligations of the commission and are not a debt or liability of the state or any other political subdivision within the meaning of any constitutional or statutory debt limitation and are not a pledge of the state's credit or taxing power within the meaning of any constitutional or statutory limitation or provision and, except as provided in this division, an appropriation shall not be made, directly or indirectly, by the state or any political subdivision of the state for the payment of bonds. The bonds are special obligations of the commission payable solely from the wildlife habitat bond fund. Funds from the general fund of the state shall not be used to pay interest or principal on the bonds if revenues deposited in the wildlife habitat bond fund are insufficient. The members of the commission or other person executing the bonds is not personally liable for the payment of the bonds. The bonds are valid and binding obligations of the commission notwithstanding the fact that before the delivery of the bonds any of the officers whose signatures appear on the bonds cease to be officers of the state. From and after the sale and delivery of the bonds, they shall be incontestable by the commission. Section History: Recent Form 86 Acts, ch 1231, § 6 C87, § 110.54 C93, § 483A.54 483A.55 BONDS AS LEGAL INVESTMENTS. Bonds are securities in which all public officers and bodies of the state and all municipalities and political subdivisions of this state, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building loan associations, investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries and all other persons who are now or may be authorized to invest in bonds or other obligations of this state may properly and legally invest funds including capital in their control or belonging to them. The bonds are also securities which may be deposited with and may be received by all public officers and bodies of the state and all municipalities and legal subdivisions of this state for any purpose for which the deposit of bonds or other obligations of the state is now or may be authorized. Section History: Recent Form 86 Acts, ch 1231, § 7 C87, § 110.55 C93, § 483A.55 483A.56 RIGHTS OF BONDHOLDERS. The bond proceedings may provide that a holder of bonds or a trustee under the bond proceedings, except to the extent that the holder's rights are restricted by the bond proceedings, may by legal proceedings, protect and enforce any rights under the laws of this state or granted by the bond proceedings. These rights include the right to compel the performance of all duties of the commission required by this division or the bond proceedings; to enjoin unlawful activities; and in the event of default with respect to the payment of any principal of or interest on bonds or in the performance of a covenant or agreement on the part of the commission in bond proceedings, to apply to a court to appoint a receiver to receive and administer the funds which are pledged to the payment of bonds or which are the subject of the covenant or agreement, with full power to pay and to provide for payment of any principal of or interest on bonds and with powers accorded receivers in general equity cases, excluding power to pledge additional funds or other income or moneys of the commission, the state, or governmental agencies of the state to the payment of the bonds. Section History: Recent Form 86 Acts, ch 1231, § 8 C87, § 110.56 C93, § 483A.56 |
Chemical castration tends to be harsh and should be reserved for but a select few… Those topping my list are child rapers, the neighbor to the west of my farm, and pretty much everyone who believes in global warming…
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Where can I find info relating specifically to firearms for hunting? I have read this WHOLE post (yes I did) as well as the info at:
Iowa General Assembly The info there says "updated bi-weekly" but doesn’t even include info on handgun and rifle seasons...??? The reason for this inquiry is three-fold. 1) I usually try to keep apprised of this information so I can be sure that I do not have to worry about problems when I am hunting. b) The current '08-'09 OTC pamphlet of "Hunting & Trapping Rules and Regulations" is terribly lacking in information for the legal method of take for deer season. On page 23, left column, last paragraph, it states: "Center-fire rifles: Rifles of .24 caliber or larger"... and that is it. Page 24 is advertisements and a box of info regarding disposal of carcasses. Page 25 starts in with the licenses available. No further info regarding rifles is to be found...??? Next, I was told, by someone who "should know" that there was a 5 round limit on mags in Iowa... I have had 7 & 8 round tubes on my 870 And last, I also heard that there was a 10 round mag limit in Iowa.?!?!?!?!?!?! 20, 30 & 50 rounds on my 10/22 and AR…. I have lived here most all of my life, and though I thought I knew what "the law says", with all of this differing info I am beginning to question myself, and I don't like that. Where can I go, online or otherwise, to find out, see, and read for myself what is true as it applies to small game, deer and coyote??? Thank you |
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think for yourself... question authority...
IA, USA
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if you're dealing with a DNR imposed season you'll need to visit the DNR site and read the regs specific to the season and situation in which you intend to hunt. my advice to those people who've heard "some guy said..." is to give that advice the merit in terms of what you paid for it... because when you're locked up, "some guy said..." isn't much of a defense. if you can't find what you're specifically looking for, i'll help find it in black and white. for if it isn't public knowledge it isn't legally binding. no more, no less.... |
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Chemical castration tends to be harsh and should be reserved for but a select few… Those topping my list are child rapers, the neighbor to the west of my farm, and pretty much everyone who believes in global warming…
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Maybe in my attempt to be "witty" I clogged it up.
What I am trying to find out is the magazine capacity limits as it applies to hunting. I know there is a restriction for waterfowl, but cannot find any restrictions for deer or small game. I have been to the DNR page and the only thing i can find it the link to download the "2008-09 Hunting and Trapping Regulations", but that is simply a pdf file of the hard-copy booklet that you can pick up at retail counters, which I have and was referring to in my first post... Something is amiss. |
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think for yourself... question authority...
IA, USA
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08 DNR hunting regs
the above must be what you're visiting about. page 23 covers it briefly. i know i've run across whatever it was that you mentioned, but i'm quite sure it was a misinterpretation. the only restriction on the rifle use in the lower tiers is 24 cal. semi auto, pump, etc. doesn't matter. capacity isn't limited to my knowledge. |
Chemical castration tends to be harsh and should be reserved for but a select few… Those topping my list are child rapers, the neighbor to the west of my farm, and pretty much everyone who believes in global warming…
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Michael,
Yes, that is what I was referring to in Paragraph (b) of my first post. But I do not believe it to be accurate or correct. What I believe happened is a printing error. The reason I say this is because I have a regulations booklet from 2006 that has much more information regarding the rifle season, and, it includes a stipulation of 5 rounds max in the firearm. What I don't understand is why I am unable to fine any of this information in an online resource. The cover of the booklet itself states: "This booklet is not a complete set of hunting laws..... " So, where are they??? PLEASE do not think that I am arguing with you- I am merely trying to find out where this information is because, as you said, it should be available. |
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think for yourself... question authority...
IA, USA
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i couldn't agree more. these are matters of fully public record and we should have access. it isn't in this case that i think we've been denied, but i'm not sure how to navigate to it either. i'll have to keep digging. |
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Chemical castration tends to be harsh and should be reserved for but a select few… Those topping my list are child rapers, the neighbor to the west of my farm, and pretty much everyone who believes in global warming…
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think for yourself... question authority...
IA, USA
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found some new information that might be helpful. before i move it up to the top of the thread, why don't you guys look through it and let me know if it is worthy...
IA DNR Administrative Rules and Explanation IA "Administrative Code" link from the DNR IA "Administrative Code" index look on page 230 for "firearm" look on page 309 for "hunt" IA "Administrative Code" search/finder you'll have to continue on down to find what may be worthy... ******** example... use the code index to identify the area you need to begin... i looked down through the list until i found "hunt" on page 309. that gave me section "571" in which to begin. now that i know where to begin, i then go to the code search/finder provided above. type in "571" and reviewed the section. from there i scrolled down through, while praying, and found chapter 106 (method of take) assuming it was relevant. 106.7 explained a few things and provided some other areas to look within. as an exercise, i suggest you guys take a look and see if it makes sense. a couple of tips... give the server this is loaded on a second to keep up. it'll automatically open all the subsections if you give it a second or two. don't be in a huge rush... if you click a "+" sign to open something, it will fully open in just a second or two. hope this helps. -michael |
Chemical castration tends to be harsh and should be reserved for but a select few… Those topping my list are child rapers, the neighbor to the west of my farm, and pretty much everyone who believes in global warming…
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Septic:
Thank you for the time and effort you have put into this- I appreciate your assistance. I have been through those areas you described... Apparently, the magazine capacities, except those that ARE stipulated for migratory game birds, were dropped along with the Assault Weapon Ban. If ANYONE has information on magazine capacity limits for hunting(except waterfowl) please let me know, otherwise, the information that Septic outlined above seems to be all inclusive. Thanks again! Craig |
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Mag restriction for deer season was out of last year's book too. We called the local DNR rep, and they said that it had been removed.
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Does anyone know whether it is legal to manufacture a firearm in Iowa, say from an 80% lower receiver? I know there is no federal law against it as long as the gun is for personal use, but I haven't been able to find anything in Iowa's laws when I searched. Thans!
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think for yourself... question authority...
IA, USA
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Originally Posted By MrHawver:
Does anyone know whether it is legal to manufacture a firearm in Iowa, say from an 80% lower receiver? I know there is no federal law against it as long as the gun is for personal use, but I haven't been able to find anything in Iowa's laws when I searched. Thans! for personal use and not to be resold you can do that just fine. you own smithing, mod, etc. are all ok. iowa doesn't really address that. federal law is the only oversight as far as that code. and ATF code/ruling of course... build away. |
defending your right to defend yourself - iowacarry.org [img]smiley_bandit.gif[/img]
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[deleted]
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[deleted]
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think for yourself... question authority...
IA, USA
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Originally Posted By Spart:
.... But Iowa's law seems pretty straightforward, leaving what appears to be room for a 14" registered SBR which is still IA legal. i see what you're getting at... i'll have to think on it a bit. what you don't want to do is get caught up in the nomenclature and abbreviations. when you say you can legally possess a "registered SBR" in iowa, i can assure you that won't fly. if you own a weapon that conforms to the state's written requirements, then you simply own a rifle, carbine, shotgun, or whatever... you go around mentioning "SBR" routinely and regardless of status you're going to attract the kind of trouble you don't want more than likely. see what i'm getting at? |
defending your right to defend yourself - iowacarry.org [img]smiley_bandit.gif[/img]
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[deleted]
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think for yourself... question authority...
IA, USA
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no matter what it says, you're not going to bring in a registered SBR on a technicality. any state or entity won't transfer it to you as an iowa resident without the NFA prerequisites like being LE, having an SOT, etc.
if you owned it legally in an NFA friendly state, you're still illegal with it here. i'm not trying to be antigun, but i'm telling you straight up that what you want to achieve you can't legally do. while some poorly worded sentences in iowa code are giving you the impression otherwise, i can promise you ATF will be very clear on it. the person i'd contact would be sam knowles at the iowa department of public safety. they liaise with ATF and LE on matters of 724 all the time. he can shed some light on this. it isn't like these boards aren't monitored, but i can tell you that there is a great deal of scrutiny right now on the iowa code regarding a couple of other changes that are big here in iowa, and if you manage to bring undue scrutiny and extra layers of bullshit to the code that we don't already ENJOY today, i'll be the first in line to kick your ass. call him up and ask for clarity first without speaking your piece. this may shed light on it. should you actually catch him in a scenario where the data conflicts, you risk getting a bunch of extra jargin added that'll take us 15 years and $100K to reverse... no matter what you may have stumbled on today you won't pull this off. sorry to be so negative, but this is the fact of the matter and while there are many here who are very knowledgable on these matters, i've been working with the legislature, LE, DPS, ATF, and FBI on the iowa code and weapons regs daily for a few years... ;) i don't want to ask you to trust me, as you should seek the information for yourself. i always encourage that. just don't fuck it up for everyone else with a bunch of unintended consequences resulting from your pointing out a non loophole loophole... $.02... i'm very willing to visit with you via phone if you like. IM me. it'll move quicker and we can make sure neither is a dick. although i'm branded that from time to time, and sometimes rightlfully so, i wish for iowans to enjoy total freedom to bear arms. little by little we're getting there. |
defending your right to defend yourself - iowacarry.org [img]smiley_bandit.gif[/img]
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[deleted]
Thanks for the contact info, but I don't really appreciate the tone. I'm just asking for information here. You seem to have some previous beef with issues like this from the past, but that beef certainly isn't with me personally and I've not done anything a reasonable person would find provoking. |
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think for yourself... question authority...
IA, USA
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sentiment is hard to convey in black and white. i mean no disrespect. when i make comments like this folks seem to think i'm antigun for some reason and that couldn't be further from the truth.
here's the way i'll break it down for you... a bunch of iowans, and i mean a ton of them, are rallying to change the carry laws in iowa among others. we are working with DPS and lawmakers daily. these people's perception of iowans matter. even though they shouldn't, they do. so knowing there is no way, technicality or not, that you'll achieve an SBR without meeting the prerequisites of the state, all you can do is actually point out that iowa needs to clean up some of their wording. this won't end well. they won't clean it up in a matter that honors iowans, they'll add more layers of BS that generally conflict with federal regs, ATF regs, and other states. this what states do. so even though you're a sharp guy and have stumbled onto something worthy of discussing, challenging it openly and otherwise, will serve to only bring a negative change and another potential of scrutiny. too many of us have worked our nuts off and spent big $ to help create a scenario in which the state and the lawmakers can soak up the fact that law obiding gun owners aren't problematic in this state, just like the other 49.... sorry about the tone. you're right, i put it out there and laid it on thick. that was my intent. but i was trying to illustrate that toying with a scenario that won't ever work is not productive to positive changes in iowa's gun laws. there is no benefit to this. thank you for your service to this country sir. IM sent. |
defending your right to defend yourself - iowacarry.org [img]smiley_bandit.gif[/img]
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I can certainly understand your position. What is your affiliation with iowacarry.org? I PM'd my phone number.
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think for yourself... question authority...
IA, USA
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Originally Posted By Spart:
I can certainly understand your position. What is your affiliation with iowacarry.org? I PM'd my phone number. current exec vp of operations |
defending your right to defend yourself - iowacarry.org [img]smiley_bandit.gif[/img]
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Does anyone know the penalty for displaying a legal weapon to police and hitting a cop the same time in Iowa?
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think for yourself... question authority...
IA, USA
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Originally Posted By Ranger351w:
Does anyone know the penalty for displaying a legal weapon to police and hitting a cop the same time in Iowa? you might want to expand on that one... you mean like flashing a weapon and then punching an LEO? if that is what you mean, i can't imagine the outcome being good for you... |
defending your right to defend yourself - iowacarry.org [img]smiley_bandit.gif[/img]
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for starters: 708.3A ASSAULTS ON PERSONS ENGAGED IN CERTAIN
OCCUPATIONS. 2. A person who commits an assault, as defined in section 708.1, against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, whether paid or volunteer, who knows that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter and who uses or displays a dangerous weapon in connection with the assault, is guilty of a class "D" felony. Or if they were feeling particularly randy at book-in: 707.11 Attempt to commit murder. A person commits a class "B" felony when, with the intent to cause the death of another person and not under circumstances which would justify the person's actions, the person does any act by which the person expects to set in motion a force or chain of events which will cause or result in the death of the other person. |
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Is there a required distance you have to be from the road to shoot? Last time I was out shooting it was at the fence line on a buddy's farm. I don't fully understand the gun laws and don't need any problems
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think for yourself... question authority...
IA, USA
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Originally Posted By iowa_hawkeyes:
Is there a required distance you have to be from the road to shoot? Last time I was out shooting it was at the fence line on a buddy's farm. I don't fully understand the gun laws and don't need any problems sorry, just ran across this. i'm not aware of it and when i searched i couldn't find it. obviously you're not supposed to shoot across a road, but along side it is fine.... i'd play it safe and make sure you were past the state's lean... IE, make it past the road ditch inside a fence or where a fence would be... |
all things 2A in Iowa - www.iowafirearmscoalition.org [img]smiley_bandit.gif[/img]
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From pg.15 of the current 2010-2011 hunting and Trapping Regulation booklet:
""Prohibited Hunting Near Buildings Although you can hunt in a road ditch in Iowa using a shotgun shooting shot, you cannot discharge a firearm or shoot or attempt to shoot a game or furbearing animal within 200 yards of a building inhabited by people or domestic livestock or a feedlot unless the owner or tenant has given consent to do so. Feedlot means a lot, yard or corral where livestock is confined for the purpose of feeding and growth prior to slaughter. Pastures, hayfields or cropfields where animals are allowed to graze are not considered feedlots."" And: ""Shooting Rifle Over Water or Highway You cannot shoot any rifle on or over any of the public highways or waters of the state or any railroad right-of-way. You cannot discharge a shotgun shooting a slug, pistol or revolver on or over a public roadway (see diagram below). Additionally, no person shall discharge a rifle, including a muzzleloading rifle or musket, or a handgun from a highway; or discharge a shotgun shooting slugs from a highway north of U.S. Highway 30, while deer hunting. “Roadway” means the portion of the highway improved, designed or ordinarily used for vehicular travel, including the shoulder. “Highway” means the entire width between property lines, from fenceline to fenceline (includes the ditches)."" And, although I am unable to find it now, I thought I remembered from when I was younger that it was prohibited to shoot a rifle within 100 yards of an interstate. I may be wrong but we always tried to get as far as possible before shooting- CAN NOT find it in the regs. Always had trouble coyote hunting with high-power rifle- couldn't shoot from the ditch(highway), couldn't cross the fence(trespassing)... |
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I found a really nice 4 page FAQ about the new Concealed Permit Law.
http://co.marion.ia.us/offices/sheriff/forms/SF2379_FAQ_Version1_0.pdf It is labelled "Prepared by the Iowa Department of Public Safety" Version 1.0 June 3, 2010 I looked around but did not see it, I hope it is not a Dupe. |
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