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Beautiful name by the way. Regarding Iowa law: Is it illegal…

Hi Pearl, beautiful name...

Hi Pearl, beautiful name by the way. Regarding Iowa law: Is it illegal for a person to carry a bullet? I am not sure right now if this person is a felon but if he is would but if he is then would it be illegal for him to carry bullet?

Lawyer's Assistant: Have you talked to a lawyer yet?

I have not. The questions relate to a family member who has been unable to talk to a lawyer for the 2+ weeks he has been in jail.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The jacket my family member was wearing, where the bullet was found, was not his jacket and he and the jacket's owner say that he was unaware that a bullet was in the jacket pocket. The public defender case load was too much so he was referred to a pro bono lawyer. That lawyer's case load was too much so he was referred to a juvenile pro bono lawyer (he is not a juvenile). That lawyer's case load was too high. He has a preliminary court appearance today with whoever his lawyer is now. He has been trying to contact each lawyer in turn. His current lawyer will not accept jail calls even though they are not collect calls.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

******, specifically the city of ********** City.

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Answered in 4 minutes by:
9/11/2017
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Generally speaking, no, but there exceptions depending on the situation. Was this individual a convicted felon, or convicted of a misdemeanor of domestic violence? Did this incident happen in a location where there were restrictions on firearms / ammunition?

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Did you see my follow up question to your issue?

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Customer reply replied 9 months ago

Yes, was convicted of misdemeanors. I am aware of felony and domestic violence charges or instances but do not know the final outcome of those charges. I need to ask him about any felony or domestic violence convictions. The arrest for having bullet in someone else's jacket that he was wearing and supposedly him not knowing a bullet was in the pocket was in *********. I live in ******** so I haven't been there when he was in trouble before nor does his ********** ever want to talk about any of this type of thing involving his**********. I know that he has been arrested and convicted many times when he was younger and therefore his parents no longer assist him. He has been good and is changing his life around. I am desperate to help him because he has changed and matured, perhaps I am too naive. Would it be best to hire a good criminal law attorney to properly defend? If so, do you or this service have any recommendations for attorneys or any other steps I can take to assist him?

Thank you for that additional information. Please give me a few minutes while I type a response. I am still here with you, but it does take a bit of time to type a complete response.

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Customer reply replied 9 months ago
I agree. Thank you.

Again, it's not generally illegal to carry a bullet. It is illegal to be in possession of ammunition (a single bullet counts) if a felon, or have a misdemeanor of domestic violence, or in certain areas (think schools, courthouses, government buildings, etc...)

Here's the law:

724.26 Possession, receipt, transportation, or dominion and control of firearms,
offensive weapons, and ammunition by felons and others.
1. A person who is convicted of a felony in a state or federal court, or who is adjudicated
delinquent on the basis of conduct that would constitute a felony if committed by an adult,
and who knowingly has under the person’s dominion and control or possession, receives, or
transports or causes to be transported a firearm or offensive weapon is guilty of a class “D”
felony.
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.

b. This subsection shall not apply to the possession, shipment, transportation, or receipt
of a firearm, offensive weapon, or ammunition issued by a state department or agency or
political subdivision for use in the performance of the official duties of the person who is the
subject of a protective order under 18 U.S.C. §922(g)(8).
c. For purposes of this section, “misdemeanor crime of domestic violence” means an
assault under section 708.1, subsection 2, paragraph “a” or “c”, 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.
3. Upon the issuance of a protective order or entry of a judgment of conviction described in
subsection 2, the court shall inform the person who is the subject of such order or conviction
that the person shall not possess, ship, transport, or receive a firearm, offensive weapon,
or ammunition while such order is in effect or until such conviction is vacated or until the
person’s rights have been restored in accordance with section 724.27.

4. Except as provided in section 809A.17, subsection 5, paragraph “b”, a court that issues
an order or that enters a judgment of conviction described in subsection 2 and that finds
the subject of the order or conviction to be in possession of any firearm, offensive weapon,
or ammunition shall order that such firearm, offensive weapon, or ammunition be sold or
transferred by a date certain to the custody of a qualified person in this state, as determined
by the court. The qualified person must be able to lawfully possess such firearm, offensive
weapon, or ammunition in this state. If the court is unable to identify a qualified person
to receive such firearm, offensive weapon, or ammunition, the court shall order that the
firearm, offensive weapon, or ammunition be transferred by a date certain to the county
sheriff or a local law enforcement agency designated by the court for safekeeping until a
qualified person is identified to receive the firearm, offensive weapon, or ammunition, until
such order is no longer in effect, until such conviction is vacated, or until the person’s rights
have been restored in accordance with section 724.27. If the firearm, offensive weapon, or
ammunition is to be transferred to the sheriff’s office or a local law enforcement agency, the
court shall assess the person the reasonable cost of storing the firearm, offensive weapon, or
ammunition, payable to the county sheriff or the local law enforcement agency.
5. Upon entry of an order described in subsection 2, the court shall enter the name,
address, date of birth, driver’s license number, or other identifying information of the person
subject to the order into the Iowa criminal justice information system, the reason for the
order, and the date by which the person is required to comply with any relinquishment order
issued under subsection 4. At the time such order is no longer in effect, such information
relating to the prohibition in subsection 3 shall be deleted from the Iowa criminal justice
information system.
6. If a firearm, offensive weapon, or ammunition has been transferred to a qualified person
pursuant to subsection 4 and the protective order described in subsection 2 is no longer in
effect, the firearm, offensive weapon, or ammunition shall be returned to the person who was
subject to the protective order within five days of that person’s request to have the firearm,
offensive weapon, or ammunition returned.

A class “D” felony is punishable by up to five years' imprisonment and a fine of $750 to $7,500. (Iowa Code § 902.9.)

While a single bullet would violate the law (assuming the other factors were true) it would seem to be a bit overkill to hold him responsible to the fullest extent of the law. Knowingness is a requirement, so it seems that there would be a case for a defense.

As far as representing him, I cannot, as that's not allowed under the terms of service of this site. We're supposed to answer questions to the best of out ability, and if we have a financial incentive in legal representation, that would lead to a conflict of interest.

That being said, you need to contact an attorney in the area where the court is located that deals with criminal law cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in the area. Also look for criminal attorneys that are within walking distance of the court (as they're the ones that actually practice there, day after day). You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in the area, and what you should do next.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Customer reply replied 9 months ago
Thank you for your assistance and very helpful information!
Customer reply replied 9 months ago
May I ask another question?

Sure. I'll try to answer as best I can.

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Customer reply replied 9 months ago

The person who owns the jacket has a gun permit and the bullet matches that gun. She has a misdemeanor in *********** for a traffic violation.

Customer reply replied 9 months ago
Would this information change the situation as you see it?

No. It doesn't matter who it belongs to but rather knowing possession of it.

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Now the fact that it wasn't his could help his defense in that he really didn't know and should have known, but aside from that the fact that it wasn't his doesn't matter in terms of possession.

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If there's nothing else, please rate this answer.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Customer reply replied 9 months ago
Okay, thank you for the clarification. The person who owned the jacket and has the misdemeanor in CA is suppose to write a statement outlining the points of the jacket being hers and that he didn't know about bullet. However her attorney is being very cautious that she doesn't incriminate herself somehow. So her lawyer and my nephew's lawyer are to meet to figure out how to best write this statement. In your opinion, do you think that her statement could provide a good defense while at the same time not put her in legal jeopardy?At the time of the arrest the police car dash cam shows her and has the audio of her defending my nephew by clearly telling the police that the jacket and the bullet was hers and that he didn't know that the jacket had a gullet in
pocket. Does this cam footage build a more solid defense regardless of her written statement?He does have a felony and domestic violence in his legal history. So with all that we have chatted about, in your uncommitted attitude of outcome be not guilty or guilty? I realize the answer would be completely your opinion. If you are unable to give opinion for any reason that is okay. I am just not sure what I can do for him now.Thank you Scott!

Yes, shouldn't put her in jeopardy, because that's not a domestic violence charge. The cam footage definitely helps support his defense.

My pleasure.

If there's nothing else, please rate this answer.

Please note that I don't get any credit for the time (over 1 hour) and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
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Customer reply replied 9 months ago
Thank you, ***** ***** give you the highest rating possible. As you have given me expectations where I had no idea what to expect before and that has given me hope while also calming my anxiety. Thank you so much!! I sincerely ***** ***** the remainder of your day brings joy to your heart. Also wishing you wonderment, happiness and endless love for your future!
Customer reply replied 9 months ago
Forgive me for asking another question. I don't know what you mean by the term "bonuses". What are they in terms of this service and how would I give one to you?

You're welcome. Bonuses are extra payments on top of what you may have already paid. To be honest, I don't know how they're actually given. I think that a customer is given that opportunity after rating, but I've never actually been on the customer side of the screen so I don't know for certain what it looks like.

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Customer reply replied 9 months ago
Okay, I'll look it up on website. No option was available after I rated you and experience but should be able to find it on website. Thx!!

Thanks anyway. I appreciate it.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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