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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 443
Experience:  Attorney and Counselor at Law
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20 years ago my wife grabbed me and i pushed her arm off me,

Customer Question

20 years ago my wife grabbed me and i pushed her arm off me, her friends called cops and i got arrested for (simple) domestic abuse. I was drunk and plead guilty to get out of jail and my wife even tried to change it but they wouldnt let us. So is their any way i can get a permit to carry in Iowa? I have never been in any trouble before or after that incident, actually i am a teacher at a university.
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 6 months ago.
Hello. I have been an attorney for 26 years and I was a prosecutor for 9 years. In Iowa, simple domestic assault is a misdemeanor. In 1996, The Federal Gun Control Act of 1968 was amended Title 18, United States Code, Section 922(g)(9) the Lautenberg Amendment) by banning the possession of firearms by individuals convicted of a misdemeanor crime of domestic violence. Recently, the US Supreme Court in United States v. Castleman (2013) held that individuals convicted of domestic violence misdemeanors cannot get a gun permit.Under Iowa law if an individual is convicted of a misdemeanor domestic assault, they cannot get a gun permit. Here is the law:724.26 Possession, receipt, transportation, or dominion and control of firearms, offensive weapons, and ammunition by felons and others. 2. a. Except as provided in paragraph “b”, a person who is subject to a protective order under 18 U.S.C. § 922(g)(8) or who has been convicted of a misdemeanor crime of domestic violence under 18 U.S.C. § 922(g)(9) and who knowingly possesses, ships, transports, or receives a firearm, offensive weapon, or ammunition is guilty of a class “D” felony. c. For purposes of this section, “misdemeanor crime of domestic violence” means an assault under section 708.1, subsection 1 or 3, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.Look closely at the section of the law that you were convicted under. If it is section 708.1, subsection 1 or 3 then you will not be able to get a permit.Please let me know if I can help further. I will be happy to answer more questions. If you are satisfied with my help, please rate my service.