by Attorney Eric D. PuryearThe Iowa crime of Reckless Use of a Firearm is defined by Iowa Code section 724.30 as follows:
A person who intentionally discharges a firearm in a reckless manner commits the following:
1. A class “C” felony if a serious injury occurs.
2. A class “D” felony if a bodily injury which is not a serious injury occurs.
3. An aggravated misdemeanor if property damage occurs without a serious injury or bodily injury occurring.
4. A simple misdemeanor if no injury to a person or damage to property occurs.
The Class C felony version of Reckless Use of a Firearm carries up to 10 years in prison, while the Class D felony version can result in a 5 year sentence. A conviction for aggravated misdemeanor Reckless Use of a Firearm can result in a 2 year prison sentence, while those convicted of the simple misdemeanor version face up to 30 days in the county jail.
A conviction for reckless use of a firearm can be a felony in Iowa, which an bar a person from further gun ownership. Even the aggravated misdemeanor version is considered to be a felony by the federal government and most others states, which can also disqualify a person from gun ownership.
Those facing a Reckless Use of a Firearm charge in Iowa are wise to retain an attorney at once and exercise their right to remain silent, as a conviction can carry serious criminal consequences and also affect a person’s gun rights.