1927 Iowa Acts 201

1927 Iowa Acts 201

Abstract

§§ 1- 2: Prohibited possession of a machine gun.

Summary

This law broadly bans possession or transfer of certain machine guns capable of automatic fire from the shoulder or hip, making violations punishable by prison time and substantial fines, with harsher penalties for prior felons. Exceptions are provided for law enforcement, National Guard members, U.S. government personnel, banks, and firearms manufacturers or inventors acting within official or professional roles. The law also allows possession of permanently disabled pre-1918 machine guns as relics, requires surrendered or seized weapons to be turned over to authorities, and establishes procedures for destruction or preservation of the weapons as evidence.

Law Text

Section 1. Possession. No person, firm, partnership, or corporation shall knowingly have in his or its possession or under his or its control any machine gun which is capable of being fired from the shoulder or hip of a person, and by the recoil of such gun. Sec. 2. Aiding possession. No person, firm, partnership, or corporation shall do any act with the intent to enable any other person, firm, partnership, or corporation to obtain possession of such gun. Sec. 3. Punishment. A violation of either of the two preceding sections shall be punished as follows: 1. If the accused has prior to conviction been convicted of an offense which would constitute a felony under the laws of this state, by imprisonment in the penitentiary or men's or women's reformatory for five (5) years. 2. If such prior conviction for felony be not charged or established, by imprisonment in the penitentiary or men's or women's reformatory for a period not exceeding three (3) years. 3. By a fine in all cases of not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000). Sec. 4. Exceptions. The three preceding sections shall not apply to: 1. Peace officers as herein provided. 2. Persons who are members of the National Guards. 3. Persons in the service of the government of the United States. 4. Banks. Sec. 5. Interpretative clause. The preceding section shall not be construed to exempt any person therein specified when the possession charged had no connection with the official duties or service of said person. Sec. 6. Relics. It shall be a defense that the machine gun or machine which the accused is charged with possessing was a gun which was in general use prior to November 11 (eleven), 1918 (nineteen hundred eighteen), and was, prior to the commencement of the prosecution, rendered permanently unfit for use, and was possessed solely as a relic. Sec. 7. Finding or summary seizure. Possession of such machine gun by finding or by summary seizure shall not be deemed an offense provided the finder or person seizing immediately delivers the same to some peace officer of the county in which the gun is found. Sec. 8. Duty of peace officers—order. A peace officer to whom such gun is delivered shall forthwith redeliver it to the sheriff. The sheriff shall forthwith report such possession to the district court or to a judge thereof who, in vacation or term time, may enter a summary order for the destruction of such gun or such order as may be necessary in order to preserve it as evidence. Sec. 9. Indictment. When the state relies on prior judgments of convictions of the accused in aggravation of the punishment, such judgments shall be referred to in the indictment or information by stating the court, date, and place of rendition. Sec. 10. Evidence. A duly authenticated copy of a judgment of prior conviction of felony shall be prima facie evidence of such conviction and of the finality and conclusiveness thereof. Sec. 11. However, this law shall not apply to any person or persons, firm, or corporation engaged or interested in the improvement, the invention, or manufacture of fire arms. Sec. 12. Publication clause. This act is deemed of immediate importance and shall take effect from and after its publication in two (2) newspapers of this state as provided by law.