State of Iowa v. Jordan Kevin Cole

Jordan Cole challenges his convictions for possession of a firearm by a domestic abuse offender in violation of Iowa Code section 724.26(2)(a). Cole argues the district court erred in denying his motion to dismiss because he has a fundamental right to possess firearms under the Second Amendment to the U.S. Constitution and article I, section 1A of the Iowa Constitution that cannot be extinguished by the entry of a consent civil protective order. Cole further argues the district court’s written sentencing order differed from its oral pronouncement of sentence and created an illegal condition for any future probation revocation.

Holding: A defendant appeals his conviction for possession of firearms while under a domestic violence protective order entered pursuant to Iowa Code section 724.26(2)(a), claiming violations of the Second Amendment and article I, section 1A of the Iowa Constitution and an error in his sentence. Convictions Affirmed and Case Remanded for Entry of Corrected Sentencing Order.