Sep 13, 2010

Open Carry - Oooops

We're relatively laid back about firearms in western Iowa, but we're not immune to the "OMG, he has a gun" mindset. 


The Clay County Sheriff's Office says it received a report shortly after 6:00 p.m. Friday of a man carrying a handgun in his pocket at the Quick Spot in Everly. Several witnesses reported seeing the gun.

There's much unreported about the man and the circumstances,  but it's a good reminder that  letting your thing stick out is going to result in phone calls and perhaps flashing blue lights and a ride to jail..

Iowa law is somewhat unclear on open carry, but it seems to be perfectly legal outside  incorporated towns and  almost universally illegal in them.  Open carry by  CCW holders in towns  is especially iffy. We are may-issue until January 1, and at least one sheriff has said that -- under the current law, anyway -- he would jerk the permit of any holder openly carrying inside city limits.

EDIT: Carrying in cars on the road is pretty clear. If you have a CCW, okay. If not the handgun must be unloaded and cased.  (Usual disclaimer that I'm no lawyer and the  information is for general information only.)

This fellow shows up clean in  the courts database except for two traffic violations, one in 2000, again in 2009. Both are for driving with no license.  Possibly no license issued, possibly just didn't have it with him.
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2 comments:

Mike Stollenwerk said...

Um, no - Iowa permit to carry is a permit to carry - OPEN - or concealed. Yes, you can open carry on foot without permit in unincorporated areas.

if Iowa police detain people for legally open carrying, the police can be sued for damages for their unlawful conduct.

Learn more at Opencarry.org.

Jim said...

Mike -- opencarry.org leads its page with:

"Iowa is not a traditional open carry state, but no permit is required to open carry except when in vehicles or when inside city limits. Open carry in cities is technically legal with an Iowa permit to carry weapons, however Iowa is a may-issue state, and some sheriffs have indicated that they will revoke your permit for open carrying."

It remains to be seen how our new shall-issue law is interpreted to cover open carry in cities.

Suing authorites is always an option, but an iffy and expensive one. We're lobbying for a clear and, of course, permissive, statute.

Appreciate your comments.

Jim