Help with DesMoines, IA municipality laws

[doublebarr]

Going to DesMoines next month for 3 days for daughters regional BB tourney (have two girls on the team, only have 7 girls total on the team, and the team is 15-3 so far *mom brag moment*) and I have been reading up on Iowa gun laws and have State carry covered, but cannot find anything on any municipal laws for Des Moines. Anyone have a government link to the laws there?

 

[MCMXI]

Cities don't make gun laws, states do. A municipality can't pass a law that supercedes a state law as far as I know. I'm not a lawyer, but as long as you follow the state laws, you should be fine.

 

[KABOOKIE]

Chicago isn't a city?

 

[doublebarr]

Cities don't make gun laws, states do. A municipality can't pass a law that supercedes a state law as far as I know. I'm not a lawyer, but as long as you follow the state laws, you should be fine.

Three words: New York City
That is what I am trying to avoid.

 

[KABOOKIE]

Case in point. Kansas is an open carry state. However, the city of Wichita is not. Try explaining to the judge he has no authority to supersede state law at your hearing.

 

[KABOOKIE]

Also, why can I reply to post but can't start one?

I have s similar question about Kansas laws.

 

[NavyLCDR]

Cities don't make gun laws, states do. A municipality can't pass a law that supercedes a state law as far as I know. I'm not a lawyer, but as long as you follow the state laws, you should be fine.

That only applies in states where the legislature has written a law, called a preemption statute, which prevents cities from restricting firearms further than state laws. According to:

Link Removed

Iowa does have full preemption, therefore Des Moines would be prohibited from having their own ordinances.

To doublebarr:

Keep in mind it is against Federal law to possess a firearm that is not unloaded and locked in a case within 1000' of the premises of a school, unless you possess a permit issued by the state in which the school zone is located (in this case, an Iowa permit). (With a couple other exceptions such as private property)

 

[Garrysr]

I live in Des Moines, and to my knowledge, we don't have any city laws. I am accompanying my wife to her permit class this weekend, and will try to make sure that is the case.

 

[doublebarr]

That only applies in states where the legislature has written a law, called a preemption statute, which prevents cities from restricting firearms further than state laws. According to:

Link Removed

Iowa does have full preemption, therefore Des Moines would be prohibited from having their own ordinances.

To doublebarr:

Keep in mind it is against Federal law to possess a firearm that is not unloaded and locked in a case within 1000' of the premises of a school, unless you possess a permit issued by the state in which the school zone is located (in this case, an Iowa permit). (With a couple other exceptions such as private property)

This is what is worrying me:
Link Removed

I dont' know if it's moved beyond this yet and I don't care to be the "test case" if it has .

Also, we are part of the National Homeschool Tournament. We do not have "school buildings" but rent venues to play at. Fortunately, none are schools that we start out at. Depending on how well we do, I might have to use the hotel safe the last day or not as the finals are at the University, but thank you for pointing that out.


Garysr - would appreciate anything you can add IF your instructor is staying current on local issues. I may have to just call the DesMoines PD Public Affairs department to get a law cite though.

 

[NavyLCDR]

This is what is worrying me:
Link Removed

I dont' know if it's moved beyond this yet and I don't care to be the "test case" if it has .

Did you notice this part in the document you linked to?

find that the statute does not interfere with the authority of a city to exercise its home
rule power to place restrictions upon the possession of weapons which apply only to
buildings owned or directly controlled by the city.

Are you going to be any buildings owned or directly controlled by the city?

 

[Wyldekard]

Going to DesMoines next month for 3 days for daughters regional BB tourney (have two girls on the team, only have 7 girls total on the team, and the team is 15-3 so far *mom brag moment*) and I have been reading up on Iowa gun laws and have State carry covered, but cannot find anything on any municipal laws for Des Moines. Anyone have a government link to the laws there?

Iowa has a section of the code that was obviously intended as a preemption but due to an "opinion" by the AG office local jurisdictions do restrict. The State Legislature is currently addressing the problem, but it won't be in time to help you. It also depends if you are using Des Moines generically or if you are actually going to Ankeny or another suburb. For instance you currently can't carry on the state fair grounds. You can carry in areas under control of the Department of Natural Resources, but you can't draw the weapon. Not even to use it as a club. You really can't find out in advance. You have to wait until you get where you're going and see if a sign is posted. The best advice I can give you (and I am NOT a lawyer) is carry concealed and well concealed. You do have to show your permit on request anywhere in Iowa so have it ready. Iowa honors any valid permit from other states with additional state I.D..

Here is the link to the AG opinion:

http://weblinks.westlaw.com/result/...T&sskey=CLID_SSSA297671541102&sv=Split&vr=2.0

You can find the Iowa code by searching for:

IOWA LAW 2011 MERGED IOWA CODE AND SUPPLEMENT/2011 MERGED IOWA CODE AND SUPPLEMENT/TITLE XVI CRIMINAL LAW AND PROCEDURE/SUBTITLE 1 CRIME CONTROL AND CRIMINAL ACTS/CHAPTER 724 WEAPONS


I apologise on behalf of Iowa. We are working to correct the problem. I hope you have an enjoyable experience when you visit and good luck to your team!

 

[BIGJOHN621]

Cities don't make gun laws, states do. A municipality can't pass a law that supercedes a state law as far as I know. I'm not a lawyer, but as long as you follow the state laws, you should be fine.

Connecticut has no state preemption. Any town can opt to not honor a state CCW permit and enact their own gun regulations.

What you have said makes sense logically, but, remember, these are governments we are dealing with, so logic and sensibility are out the window.

 

[doublebarr]

It also depends if you are using Des Moines generically or if you are actually going to Ankeny or another suburb.

LOL, our hotel is in Des Moines proper, but our first games are in Ankeny. Thank you for the extra search parameters and the good wishes for the team. My oldest daughter just got her 4th in a row double-double last night with a team high for the game 23 points. She is a post and they fed her perfect assists all night but only hit 75% on free throws. Other daughter hit 10 from the wings, so it was a good night all around (I know, bragging again but between being the Asst. Coach and a mom, it's impossible not to) We plan on enjoying the trip regardless (and being prepared regardless ) and thank you for the some what tempered welcome to your state, LOL.

 

[Wyldekard]

I owe you another apology doublebarr. I wanted to check that AG opinion so I clicked on the link I gave and found it won't take you to the search result. I think you've already found a copy but if you want it through the AG site, here is how to get it.

Go here: Link Removed

Then click on "Iowa Attorney General Opinions".

On the next page in the search terms box type in "preemption".

This is the one you want: 3. The Honorable Philip Wise, 2003 WL 22100958, (Iowa A.G.), April 07, 2003

Let me know how the team finishes!

 

[Garrysr]

Sorry I'm just getting back on this. I have been unable to find any local laws on carrting, other than that you can't carry in the local courthouse. I hope you have a great visit to Polk county! And, may your team/kids do well!

 

[doublebarr]

Game one is in the can and the girls won by 5 with some really poor reffing for both teams, but they won. So we are now on the winners side of the bracket! Oldest daughter scored the game high with 24 points also, and ended the game with a double-double again Have yet to see any signage so the main issue has been fine as far as I know.

 

[Wyldekard]

Game one is in the can and the girls won by 5 with some really poor reffing for both teams, but they won. So we are now on the winners side of the bracket! Oldest daughter scored the game high with 24 points also, and ended the game with a double-double again Have yet to see any signage so the main issue has been fine as far as I know.

Good news! I hope they go all the way!!

 

[doublebarr]

Good news! I hope they go all the way!!

Thank you. We did get beat by only one team and they were seeded higher than us and we finished 3rd (behind the #1 & #2 seeded teams) who played for the Championship. However, that does get us in to the Nationals, so we are off to practice HARD for the next week, then nationals the following week. Aside from realizing DesMoines is one VERY spread out, unconnected city, had no troubles and did not see the first no-gun sign anywhere we went. Nice visit overall, well except for the fact that you all have NO idea how to make REAL sweet tea I was going into withdrawals by the time we left town Saturday afternoon.

 

[Garrysr]

Congratulations. I could have sent you to a couple of houses that you would have liked the tea, but they might have wondered what you were doing. Of course, knowing they have good sweet tea, they probably would have welcomed you in, and asked questions later. lol!
And yeah, there are a lot of smaller towns making up the Metro area. Nothing over 250k (Des Moines itself), but about 10 towns making up over 350k, and several square miles.

 

[Wyldekard]

Thank you. We did get beat by only one team and they were seeded higher than us and we finished 3rd (behind the #1 & #2 seeded teams) who played for the Championship. However, that does get us in to the Nationals, so we are off to practice HARD for the next week, then nationals the following week. Aside from realizing DesMoines is one VERY spread out, unconnected city, had no troubles and did not see the first no-gun sign anywhere we went. Nice visit overall, well except for the fact that you all have NO idea how to make REAL sweet tea I was going into withdrawals by the time we left town Saturday afternoon.

Congratulations on your finish and best of luck in the Nationals!