2018 Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Chapter 724 - WEAPONS
Section 724.22 - Persons under twenty-one — sale, loan, gift, making available — possession.

Universal Citation: IA Code § 724.22 (2018)

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. A parent or guardian or spouse who is twenty-one years of age or older, of a person under the age of twenty-one may allow the person, while under direct supervision, to possess a pistol or revolver or the ammunition therefor for any lawful purpose, 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.

b. As used in this section, “direct supervision” means supervision provided by the parent, guardian, spouse, or instructor who is twenty-one years of age or older, who maintains a physical presence near the supervised person conducive to hands-on instruction, who maintains visual and verbal contact at all times with the supervised person, and who is not intoxicated as provided under the conditions set out in section 321J.2, subsection 1, or under the influence of an illegal drug.

6. For the purposes of this section, caliber .22 rimfire ammunition shall be deemed to be rifle ammunition.

7. 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.

8. A parent, guardian, or spouse who is twenty-one years of age or older, of a minor under the age of fourteen years who allows that minor to possess a pistol or revolver or the ammunition pursuant hereto, shall be strictly liable to an injured party for all damages resulting from the possession of the pistol or revolver or ammunition therefor by that minor.

9. A parent, guardian, spouse, or instructor, who knowingly provides direct supervision under subsection 5, of a person while intoxicated as provided under the conditions set out in section 321J.2, subsection 1, paragraph “a”, “b”, or “c”, commits child endangerment in violation of section 726.6, subsection 1, paragraph “i”.

[C97, §5004; C24, 27, 31, 35, 39, §12958; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §695.26; C79, 81, §724.22]

90 Acts, ch 1147, §7; 94 Acts, ch 1023, §119; 94 Acts, ch 1172, §56; 2017 Acts, ch 69, §28, 29, 50; 2017 Acts, ch 170, §49, 51, 53, 54

Referred to in §726.6

For provisions relating to effective dates and applicability of 2017 amendments by 2017 Acts, ch 69, §28, 29, see 2017 Acts, ch 69, §50; 2017 Acts, ch 170, §51, 53, 54

Subsection 5 amended

NEW subsections 8 and 9

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