The sole issue in this case is whether a shotgun and a rifle are firearms under Iowa Code section 724.26. Defendant, Thomas Kenney, was convicted of unlawful receipt, transportation, and possession of firearms by a felon, a violation of section 724.26 of the Iowa Code (1981). The trial court ruled in response to defendant’s motion that by definition a shotgun and a rifle are firearms. Defendant contends on appeal that the shotgun and rifle are not firearms, or in the alternative, that it is the province of the jury and not the judge to determine whether the weapons are firearms under the statute. We affirm.
The term “firearm” is not defined in the Iowa Code. See State v. Hemminger,
In State v. Pinckney,
Although these questions have never been directly addressed we need to look only at the ordinary definition of “shotgun” and “rifle” to determine that these weapons are firearms.
A shotgun is “an often double-barreled smooth-bore shoulder weapon for firing shot at short ranges.” Webster’s Third New International Dictionary 2104 (1967). A rifle is “a firéarm having a rifled bore and intended to be fired from the shoulder.” Webster’s Third New International Dictionary at 1954'. Such weapons certainly fit the definition of firearm set forth in Lawr and Hemminger. Indeed, one commentator interprets section 724.26 to prohibit a convicted felon from even minimal contact with weapons used in hunting or skeet shooting, which would, of course, include shotguns and rifles. J. Yeager & R. Carlson, Iowa Practice § 539, at 139 (1979). We do not find defendant’s contentions to be persuasive. Accordingly, we affirm.
AFFIRMED.
