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cedar rapids / iowa city criminal defense

Can I open carry in Iowa?

by David Cmelik

Those who carry firearms for protection—presumably everyone who seeks a weapons carry
permit in the State of Iowa—should consider whether open carry gives an adversary the
​advantage.

​You don’t know their intentions or whether they are armed. If they are sophisticated adversaries, they can also judge the range and capacity of your firearm—therefore, how much surprise they need to engage in order to defeat you, how far away they need to be to safely engage you, and how quickly it will take to reload. Tactical experts smarter than me can expound more knowledgeably on this subject but it just makes sense from a practical perspective that the law allows concealed carry and it is an advantage to do so. Even if someone other than an adversary spots your open carry firearm, in Iowa an assault may be defined as an act “which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act.” In any questionable situation, being armed with a firearm may be corroborating, circumstantial evidence that a carry permit holder committed an assault. Not smart to open carry in situations where opponents of the Second Amendment may wish to make a statement of their own—that they were “assaulted” by a carry permit holder. Perhaps a permit holder will prevail. But at what cost?
Arrest, bail, criminal defense, trial, possible conviction. Thousands of dollars. Conceal carry and buy ammunition or a second prized firearm for the range instead. There are Second Amendment proponents who plan demonstrations where they openly carry firearms and wait for the police to show up. They want to make the point that firearms are inanimate objects and that hysteria surrounding them depends on the possessor not the machine. This is intended to make a political statement about the Second Amendment. I don’t speak for such organizations or individuals. And I make no statement as to any such activity. However, Rob Pincus does speak to this issue—he’s “vehemently opposed” to it and he is a widely respected firearms instructor and tactician. NOTE: there is no relationship among Rob Pincus, James Yeager, and David A. Cmelik Law PLC. The YouTube video is for informational purposes only.