Carrying Firearms While Under the Influence in Iowa

Iowa prohibits carrying a loaded firearm while under the influence of alcohol or another drug. The prohibition is codified in Iowa Code Section 724.4D and applies regardless of whether the carrier holds a Permit to Carry Weapons or is carrying under the permitless-carry authority of Iowa Code Section 724.4C.

Statutory Authority

• Iowa Code Section 724.4D - Carrying weapons while intoxicated
• Iowa Code Section 321J.2 - Operating while intoxicated (OWI); the source of the intoxication thresholds incorporated by reference
• 18 U.S.C. Section 922(g)(3) - Federal prohibition on firearm possession by unlawful users of controlled substances

What Iowa Code Section 724.4D Prohibits

Iowa Code Section 724.4D makes it a serious misdemeanor for a person to carry a dangerous weapon on or about the person while either:

1. Under the influence of an alcoholic beverage, or
2. Having an alcohol concentration of 0.08 or more, or
3. Under the influence of any other drug or any combination of alcohol and another drug

The statute applies whether the firearm is being carried under a permit (Iowa Code Sections 724.6 or 724.7) or under permitless carry (Iowa Code Section 724.4C). It also applies to long guns and other dangerous weapons that meet Iowa Code Section 702.7's definition.

"Intoxicated" Definition

Iowa Code Section 724.4D uses the same intoxication standards as the operating-while-intoxicated statute (Iowa Code Section 321J.2). A person is "intoxicated" if they:

• Have a blood-alcohol concentration of 0.08 percent or higher
• Are under the influence of an alcoholic beverage to a degree that affects their judgment, behavior, or motor control
• Are under the influence of any other drug or combination of alcohol and another drug
• Have any amount of a Schedule I controlled substance or its metabolite in their system (a strict-liability standard for certain drugs)

The "any amount" rule for Schedule I substances means that, for example, THC metabolites detectable in the carrier's blood may support a Section 724.4D violation even if the carrier is not impaired in fact.

Penalty

A violation of Iowa Code Section 724.4D is a serious misdemeanor, punishable by up to one year in jail and a fine of $430 to $2,560 (Iowa Code Section 903.1(1)(b)). A conviction also creates a federal firearms prohibition under 18 U.S.C. Section 922(g)(3) if the violation involves controlled-substance use, and may serve as grounds for revocation of an Iowa PCW under Iowa Code Section 724.21.

Permit Revocation

Conviction of carrying while intoxicated under Iowa Code Section 724.4D is a basis for the issuing sheriff (or the Commissioner for Professional Permits) to revoke the carrier's permit. Iowa Code Section 724.21 sets out the revocation procedure. A revoked permit may not be reinstated until the underlying disqualifying condition no longer applies.

Federal Controlled-Substance Bar

Federal law (18 U.S.C. Section 922(g)(3)) prohibits any "unlawful user of or addicted to any controlled substance" from possessing firearms. This includes recreational marijuana users, even in states where marijuana use is permitted under state law. Iowa has not legalized recreational marijuana; medical cannabidiol use under Iowa Code Chapter 124E is narrow and does not exempt the user from federal firearms prohibition.

Practical Rule of Thumb

If you would not get behind the wheel of a car, you should not carry a loaded firearm. The Iowa intoxication standards for OWI and carrying-while-intoxicated are aligned. Even one drink, depending on body weight, food intake, and time, can put a carrier close to or over the 0.08 percent BAC line.

Prescription Medication

Iowa Code Section 724.4D's "under the influence" provision can capture lawful prescription-medication users whose medication impairs their faculties. Federal law (18 U.S.C. Section 922(g)(3)) generally does not bar lawful prescription users, but lawful prescription use does not protect the carrier from a state intoxication-related carry charge if the medication renders them impaired.

Carrying After Drinking - Best Practices

• If you intend to drink, leave your firearm at home or secured in a safe at your destination
• Designate a sober person to carry if a defensive firearm is needed for the group
• Do not carry while taking any medication labeled with warnings about impaired motor function
• Be aware that the strict-liability rule for Schedule I substances and metabolites can last well beyond the period of actual impairment

Other Drug Considerations

• Marijuana: Even where lawful under another state's medical or recreational program, federal law bars firearm possession by a marijuana user (18 U.S.C. Section 922(g)(3))
• Opioids and benzodiazepines: Lawful prescriptions do not violate federal law, but the impairment they cause can violate Iowa Code Section 724.4D
• Over-the-counter sleep aids and antihistamines: May impair judgment; do not carry while impaired

Interaction with Use-of-Force Rules

A defendant who fired a firearm in defense of self while intoxicated may be denied the Stand Your Ground defense (Iowa Code Section 704.2A) because intoxication itself, depending on the circumstances, may constitute "illegal activity" at the time of the encounter (Iowa Code Section 724.4D is a misdemeanor). The intersection is fact-dependent; consult counsel.