# CCW - Iowa School Zones & Private Property



## m.williams43 (Mar 12, 2013)

recently received my permit to carry in Iowa. Sheriff's department hands out pamplet where not to carry and schools are on there. It states not within 1,000 ft of school but on the other side of my homes fence is elemtary school property.. Am i still okay as long as im on my property?


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## VAMarine (Dec 25, 2008)

The Iowa permit to carry nullifies the 1000 ft rule which is a Federal deal, not Iowa law. 

You're good to go on your own property even without the permit.


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## denner (Jun 3, 2011)

I'd ask the Sheriff.


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## VAMarine (Dec 25, 2008)

denner said:


> I'd ask the Sheriff.


Depending on where in Iowa he lives, that could be 50/50 on getting a straight answer.


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## denner (Jun 3, 2011)

VAMarine said:


> Depending on where in Iowa he lives, that could be 50/50 on getting a straight answer.


10-4


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## m.williams43 (Mar 12, 2013)

eldridge, ia... small town north of davenport... why does it matter where you live in ia?


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## VAMarine (Dec 25, 2008)

m.williams43 said:


> eldridge, ia... small town north of davenport... why does it matter where you live in ia?


Some sheriffs don't know about carry law. Some do know, but are against it and will tell what _they _want the law to be. Some will say, talk to an attorney.

The only part of Iowa code that addresses [edited] the 1000ft rule in Iowa is this:



> 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*.
> 
> ...


All that does is increase the penalty should you do something stupid with your gun while within 1000ft of a school etc.

Here is the BATFE letter courtesy of handgunlaw.us:

http://www.handgunlaw.us/documents/batf_school_zone.pdf



> www.handgunlaw.us
> 
> 12
> 
> ...


.....

What other places did the pamphlet list as off limits?

There is no real good list of off limits places in Iowa, most of the information on that comes from the administrative rules related to Iowa code.


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## VAMarine (Dec 25, 2008)

School grounds is another story and is off limits


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## m.williams43 (Mar 12, 2013)

state university's , anywhere thats posted, state parks you may carry but are not authorized to use, casinos, thats about it


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## VAMarine (Dec 25, 2008)

Posted signs don't carry the weight of law if ignored unless you are asked to leave, then it's a trespass charge. The only descrepency on that is county/city property that may be posted.

There's a big snit over counties/cities posting public property as no carry as it contradicts state law. There is an attorney generals opinion that allowed it, but that was before the law changed to shall issue and the wording of the law was changed that "should" supersede the AG on this matter, the Iowa Firearms Coalition is working on getting our preemption law beefed up to prevent localities from doing this.

In addition to what you have above, the state capitol building is off limits, the state fair grounds are off limits according to the admin rules. Did they cover federal property in your class or the brochure? Sailorville lake is a big one down this way, it's an Army Corps of Engineers property so carry etc. is a no go. 


To be continued, I'm off to bed.


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## denner (Jun 3, 2011)

Interesting, this is speculation and just a jab, but I believe the statute was not meant to include a domicile or a domicile w/ privately owned surrounding property. I believe the statute was meant for CCW in public. You have a 2nd and thus through the 14th amendment a right to legally possess a firearm in your own home. ala Heller. Maybe a question for the Attorney General in the State of Iowa?


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## paratrooper (Feb 1, 2012)

You can carry on your own property, even if it is adjacent to school property.


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## VAMarine (Dec 25, 2008)

denner said:


> Interesting, this is speculation and just a jab, but I believe the statute was not meant to include a domicile or a domicile w/ privately owned surrounding property. I believe the statute was meant for CCW in public. You have a 2nd and thus through the 14th amendment a right to legally possess a firearm in your own home. ala Heller. *Maybe a question for the Attorney General in the State of Iowa?*


Not really, again there's nothing in the Iowa law that prevents ownership or storage/carry on personal property within 1000' of a school. The federal law

(2)(A) It shall be unlawful for any individual knowingly to 
possess a firearm that has moved in or that otherwise affects 
interstate or foreign commerce at a place that the individual 
knows, or has reasonable cause to believe, is a school zone. 
*(B) Subparagraph (A) does not apply to the possession of a 
firearm - * 
* (i) on private property not part of school grounds;* 
(*ii) if the individual possessing the firearm is licensed to do 
so by the State in which the school zone is located *or a 
political subdivision of the State, and the law of the State or 
political subdivision requires that, before an individual obtains 
such a license, the law enforcement authorities of the State or 
political subdivision verify that the individual is qualified 
under law to receive the license; 
(iii) that is - 
(I) not loaded; and 
(II) in a locked container, or a locked firearms rack that is 
on a motor vehicle;

(iv) by an individual for use in a program approved by a school 
in the school zone; 
(v) by an individual in accordance with a contract entered into 
between a school in the school zone and the individual or an 
employer of the individual; 
(vi) by a law enforcement officer acting in his or her official 
capacity; or 
(vii) that is unloaded and is possessed by an individual while 
traversing school premises for the purpose of gaining access to 
public or private lands open to hunting, if the entry on school 
premises is authorized by school authorities. 
(3)(A) Except as provided in subparagraph (B), it shall be 
unlawful for any person, knowingly or with reckless disregard for 
the safety of another, to discharge or attempt to discharge a 
firearm that has moved in or that otherwise affects interstate or 
foreign commerce at a place that the person knows is a school zone. 
(B) Subparagraph (A) does not apply to the discharge of a firearm 
- 
(i) on private property not part of school grounds; 
(ii) as part of a program approved by a school in the school 
zone, by an individual who is participating in the program; 
(iii) by an individual in accordance with a contract entered 
into between a school in a school zone and the individual or an 
employer of the individual; or 
(iv) by a law enforcement officer acting in his or her official 
capacity.

I've all ready quoted the part of Iowa code as it relates to the 1000' rule, as for school grounds being prohibited this is the portion of the law that applies:

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.

95 Acts, ch *191, §53*

Referred to in *§232.52*

School busses are also prohibited.

They law can not prevent one from owning or carrying on their own property. The federal law is clear on this and the Iowa law does not touch on it.

As for the Attorney General, you won't get a formal opinion on the matter.



> * Who Can Request an Attorney General's Opinion?
> *
> 
> The Iowa Code allows the following people to request opinions.
> ...


One could try and do the following:


> * Are there Alternatives to Issuance of Formal Opinions?
> *
> 
> 
> ...


...off to work.


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## denner (Jun 3, 2011)

Now that's a clear answer. Got it.


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