Legal Question in Criminal Law in Iowa

I am a resident of Iowa and currently have a permit to carry concealed weapons, in which I always carry my pistol in my purse (unless where I'm going it's prohibited). My concern is that my husband had a felony conviction 18 years ago for attempted credit card fraud and it's my greatest fear that if we get pulled over he will go to jail/prison because he is around a firearm. Same concern for living together. My last question, is it legal for my husband to be at a firing range with me if he does not touch the firearm whatsoever?

Thank you for your time.


Asked on 8/19/11, 9:35 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

The question you are asking is "what constitutes possession", and you are also involved with federal law as well as state law.

Under Iowa law constructive possession of a firearm consists in having dominion and control over the firearm and knowledge of its existence..

In addition possession is constructive when the defendant has knowledge of the presence of the firearm and maintains dominion and control of the place where the firearm is found.

The question should be not 'what's legal' but 'what's prudent'. If you were pulled over in the car it is possible that he would be charged. Likewise, if the weapon is in the home and he has knowledge of its existence that would in many cases constitute constructive possession.

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Answered on 8/19/11, 10:38 am


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