Legal Question in Civil Litigation in Iowa

I live in Iowa. I have a permit to carry weapons. I open carry regularly. If I am open carrying while riding my motorcycle, and an officer stops me for the open carried pistol, NOT for a traffic of vehicle violation, am I required by Iowa law to produce my DL/Ins/Reg?


Asked on 5/15/14, 9:02 am

1 Answer from Attorneys

Robert Luedeman solo practitioner

A very interesting question.

I think you're asking whether open carrying a pistol while riding a motorcycle is reasonable cause for a police officer to stop you and ask for your identification.

You are required to produce your permit to any peace officer under 724.5. That suggests to me that on this basis a peace officer could stop your vehicle if the weapon is visible.

Although I do not think it has ever been decided by the courts, I think it would be found reasonable for police to determine whether the person named on the permit is the same as the person carrying the weapon.

As to whether the weapon may be loaded, you didn't ask that but the matter is unsettled in the law-all roads point to a DNR rule that has never been tested in the courts.

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Answered on 5/28/14, 7:00 am


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