Accused Of Firearms Offenses? Our Attorneys In West Des Moines Can Represent You.

Last updated on July 21, 2026

When you have been charged with a state or federal firearms offense, you need experienced representation. At Spellman Law, P.C., we are avid gun rights supporters who advocate for our clients’ rights to legally carry a firearm. Our attorneys are well-versed in gun control laws and understand when your rights are being violated. We can help identify a strategy for an effective defense against any state or federal weapons charge.

Strategic Defense Against All Iowa Gun Crime Charges

Your defense begins by understanding what you’ve been accused of. Our attorneys are ready to defend your rights and freedom against a wide variety of gun-related charges, including:

Unauthorized Possession Of Offensive Weapons

Iowa law only authorizes certain people to possess offensive weapons legally. Those people include:

• Licensed firearms dealers
• Active law enforcement officers acting in an official capacity
• Military personnel in the performance of their duties
• Those authorized under specific federal licensing provisions

Anyone outside these categories who possesses an offensive weapon faces a class ‘D’ felony charge. Under Iowa law, the prosecution only needs to prove the person knew they had the item. Not knowing that the item was legally classified as an offensive weapon is not a defense.

Illegal Sale Or Transfer Of A Firearm

Iowa law prohibits certain people from owning firearms, including those with prior felony convictions or active protective orders. Knowingly giving or loaning a gun to someone in this group is a class “D” felony.

The rules around how firearms change hands matter. Two private Iowa residents can transfer a firearm between themselves without a state permit or background check, as long as both qualify to own one. Buying from a federally licensed dealer is different. In that case, federal law still requires the buyer to pass a background check before completing the purchase.

For this charge, the prosecution must prove the person who transferred the firearm either knew or reasonably should have known that the recipient could not legally own one.

Other Iowa Firearms Charges

Iowa law covers a wide range of firearms offenses beyond possession and transfer. Our attorneys are prepared to defend against all of the following charges:

• Use of a dangerous weapon in the commission of a crime: Iowa law treats using a firearm during another offense, such as robbery or assault, as a separate and serious charge.
• Possession or carrying of dangerous weapons while under the influence: Iowa law prohibits carrying a firearm while intoxicated.
• Possession of dangerous weapons and loaded firearms by minors: Iowa law generally prohibits minors from possessing dangerous weapons or loaded firearms. A parent or guardian may permit a minor to use a rifle or shotgun for lawful purposes, but only under direct supervision and specific conditions.
• Trafficking in stolen weapons: Knowingly buying, selling or moving stolen firearms is a separate criminal offense under Iowa law.
• Giving false information while acquiring a pistol or revolver: Providing false information on a permit application is a class “D” felony. This is independent of any other charge arising from the acquisition.
• Fraudulent purchase of firearms or ammunition: Using deception to obtain a firearm or ammunition is a criminal offense that Iowa courts treat seriously.

If you are legally in possession of a firearm, you may have a challenge to any firearms charges brought against you. Even if you are legally in possession of a weapon, however, you could face gun crime charges for using it in a manner inconsistent with your permit.

Firearms Offenses Are Often Charged With Other Crimes

Weapons charges are often brought at the same time as, and are often incident to, other criminal charges, including:

• Drug offenses
• Felony drug crimes
• Robbery
• Theft
• Assault

Many firearms charges require a strong defense against illegal search and seizure of property. The Fourth Amendment to the U.S. Constitution prohibits unlawful search and seizure of property, and law enforcement must follow the proper procedure to legally obtain evidence against you.

How Does Iowa Law Define An Offensive Weapon?

In Iowa, an offensive weapon encompasses various types of devices or instruments. These include machine guns, which can fire multiple shots with a single trigger pull, and any weapon (excluding certain firearms like shotguns and muzzle-loading rifles) that can fire a projectile with an explosive charge and has a barrel diameter exceeding six-tenths of an inch.

The definition of an offensive weapon also includes certain destructive devices, including ballistic knives with detachable blades propelled by various mechanisms and any parts intended to convert devices into offensive weapons. Projectiles that contain explosive materials or are designed to simulate flamethrowers are also considered offensive weapons.

However, Iowa law exempts certain items from this definition. These exemptions include antique firearms manufactured before 1898 or their replicas, collector’s items not likely to be used as weapons and devices not designed for weapon use, such as signaling or safety devices. It also includes firearms that are unserviceable and cannot be restored to firing condition.

What Are The Penalties For Gun Crimes In Iowa?

The penalties for a gun crime conviction can vary widely based on the specifics of the offense and your criminal history. That being said, we’ve provided some general guidelines below.

For lesser offenses, such as carrying a weapon without a permit, you might face misdemeanor charges. Penalties for these can include fines, probation and up to a year in county jail.

More serious gun crimes, like possessing a firearm as a convicted felon or using a gun during a violent crime, are usually charged as felonies. These can result in significant prison time, ranging from several years to decades, along with hefty fines.

If a firearm is used in the commission of another crime, the penalties can be more severe. For example, using a gun during a robbery can lead to additional years added to your sentence. These are known as enhanced penalties.

Contact Our West Des Moines Office Today

We can schedule a free, confidential initial consultation with you right away with one of our experienced lawyers. Call our office at 515-222-4330 or send us an email to find out more information. We represent clients throughout central Iowa and are available 24/7.