Bill Text: IA HF147 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the carrying and possession of weapons and providing penalties.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2017-01-31 - Introduced, referred to Judiciary. H.J. 152. [HF147 Detail]
Download: Iowa-2017-HF147-Introduced.html
House File 147 - Introduced HOUSE FILE BY SALMON, WHEELER, HAGER, SHEETS, and HOLT A BILL FOR 1 An Act relating to the carrying and possession of weapons and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1269YH (4) 87 jm/rj/rh PAG LIN 1 1 Section 1. Section 232.52, subsection 2, paragraph a, 1 2 subparagraph (4), subparagraph division (a), subparagraph 1 3 subdivision (viii), Code 2017, is amended to read as follows: 1 4 (viii) Section 724.4, if the childcarried the dangerous 1 5 weaponused the knife in the commission of a crime on school 1 6 grounds. 1 7 Sec. 2. Section 708.8, Code 2017, is amended to read as 1 8 follows: 1 9 708.8 Going armed with intent. 1 10 A person who goes armed with any dangerous weapon with the 1 11 intent to use without justification such weapon against the 1 12 person of another commits a class "D" felony. The intent 1 13 required for a violation of this section shall not be inferred 1 14 from the mere carrying or concealment of any dangerous weapon 1 15 itself, including the carrying of a loaded firearm, whether in 1 16 a vehicle or on or about a person's body. 1 17 Sec. 3. Section 724.4, Code 2017, is amended by striking the 1 18 section and inserting in lieu thereof the following: 1 19 724.4 Use of a knife in the commission of a crime. 1 20 A person who goes armed with a knife on or about the person, 1 21 and who uses the knife in the commission of a crime, commits an 1 22 aggravated misdemeanor. 1 23 Sec. 4. Section 724.4B, Code 2017, is amended by striking 1 24 the section and inserting in lieu thereof the following: 1 25 724.4B Carrying dangerous weapons on school grounds ==== 1 26 penalty ==== exceptions. 1 27 1. A person who goes armed with, carries, or transports 1 28 a dangerous weapon of any kind, whether concealed or not, on 1 29 the grounds of a school commits a class "D" felony. For the 1 30 purposes of this section, "school" means a public or nonpublic 1 31 school as defined in section 280.2. 1 32 2. Subsection 1 does not apply to the following: 1 33 a. A person who has been specifically authorized by the 1 34 school to go armed with, carry, or transport a dangerous weapon 1 35 on the school grounds for any lawful purpose. 2 1 b. A peace officer, when the officer's duties require the 2 2 person to carry a dangerous weapon. 2 3 c. A member of the armed forces of the United States or 2 4 of the national guard or person in the service of the United 2 5 States, when the dangerous weapon is carried in connection with 2 6 the person's duties as such. 2 7 d. A correctional officer, when the officer's duties require 2 8 the officer to carry a dangerous weapon, serving under the 2 9 authority of the Iowa department of corrections. 2 10 e. A person who for any lawful purpose carries an unloaded 2 11 pistol, revolver, or other dangerous weapon inside a closed and 2 12 fastened container or securely wrapped package which is too 2 13 large to be concealed on the person. 2 14 f. A person who for any lawful purpose carries or transports 2 15 an unloaded pistol or revolver in a vehicle or common carrier 2 16 inside a closed and fastened container or securely wrapped 2 17 package which is too large to be concealed on the person or 2 18 carries or transports an unloaded pistol or revolver inside a 2 19 cargo or luggage compartment where the pistol or revolver will 2 20 not be readily accessible to any person riding in the vehicle 2 21 or common carrier. 2 22 g. A law enforcement officer from another state when the 2 23 officer's duties require the officer to carry a dangerous 2 24 weapon and the officer is in this state for any of the 2 25 following reasons: 2 26 (1) The extradition or other lawful removal of a prisoner 2 27 from this state. 2 28 (2) Pursuit of a suspect in compliance with chapter 806. 2 29 (3) Activities in the capacity of a law enforcement officer 2 30 with the knowledge and consent of the chief of police of the 2 31 city or the sheriff of the county in which the activities occur 2 32 or of the commissioner of public safety. 2 33 Sec. 5. Section 724.4C, Code 2017, is amended to read as 2 34 follows: 2 35 724.4C Possession or carrying offirearmsdangerous weapons 3 1 while under the influence. 3 2 1.A permit issued under this chapter is invalid if the 3 3Except as provided in subsection 2, a personto whom the permit 3 4 is issued iscommits a serious misdemeanor if the person 3 5 is intoxicated as provided under the conditions set out in 3 6 section 321J.2, subsection 1., and the person does any of the 3 7 following: 3 8 a. Carries a dangerous weapon on or about the person. 3 9 b. Carries a dangerous weapon within the person's immediate 3 10 access or reach while in a vehicle. 3 11 2. This section shall not apply to any of the following: 3 12 a. A person who carries or possesses a dangerous weapon 3 13 while in the person's own dwelling, place of business, or on 3 14 land owned or lawfully possessed by the person. 3 15 b. The transitory possession or use of a dangerous weapon 3 16 during an act of justified self=defense or justified defense of 3 17 another, provided that the possession lasts no longer than is 3 18 immediately necessary to resolve the emergency. 3 19 Sec. 6. Section 724.5, Code 2017, is amended by striking the 3 20 section and inserting in lieu thereof the following: 3 21 724.5 Availability of permit not to be construed as 3 22 prohibition on unlicensed carrying of weapons. 3 23 The availability of a professional or nonprofessional permit 3 24 to carry weapons under this chapter shall not be construed 3 25 to impose a general prohibition on the unlicensed carrying, 3 26 whether openly or concealed, of a dangerous weapon, including 3 27 a loaded firearm. 3 28 EXPLANATION 3 29 The inclusion of this explanation does not constitute agreement with 3 30 the explanation's substance by the members of the general assembly. 3 31 This bill relates to the carrying and possession of weapons 3 32 and provides penalties. 3 33 The bill amends Code section 708.8, the crime of going 3 34 armed with a dangerous weapon with intent, a class "D" felony, 3 35 to provide that the intent element required for a violation 4 1 of this crime shall not be inferred from the mere carrying 4 2 or concealment of a dangerous weapon. "Dangerous weapon" 4 3 is defined in Code section 702.7 for purposes of use in the 4 4 criminal code. 4 5 The bill amends Code section 724.4 by striking the current 4 6 penalty for carrying dangerous weapons. Instead, the bill 4 7 creates a new crime of going armed with a knife in the 4 8 commission of a crime, an aggravated misdemeanor. The bill 4 9 makes a conforming change to Code section 232.52, subsection 4 10 2, relating to the suspension or revocation of a juvenile's 4 11 driver's license or operating privilege. The bill also makes a 4 12 Code change to Code section 724.4B, relating to the carrying 4 13 of weapons on school grounds, to specifically include certain 4 14 categories of persons who are authorized to carry weapons on 4 15 school grounds. 4 16 The bill amends Code section 724.4C relating to the crime of 4 17 possession or carrying of firearms while under the influence 4 18 of alcohol or a drug. Current law invalidates a permit to 4 19 carry weapons if the person to whom the permit is issued is 4 20 intoxicated, as defined in Code section 321J.2, subsection 1 4 21 (while under the influence of an alcoholic beverage or other 4 22 drug or a combination of such substances, while having an 4 23 alcohol concentration of .08 or more, or while any amount of a 4 24 controlled substance is present in the person, as measured in 4 25 the person's blood or urine). The bill amends this provision 4 26 to provide that a person commits a serious misdemeanor if 4 27 the person is intoxicated and the person either carries a 4 28 dangerous weapon on or about the person or carries a dangerous 4 29 weapon within the person's immediate access or reach while in 4 30 a vehicle. This crime does not apply to situations where a 4 31 person carries or possesses a dangerous weapon while in the 4 32 person's own dwelling, place of business, or on the person's 4 33 land, and the transitory possession or use of a firearm during 4 34 an act of justified self=defense or justified defense of 4 35 another, if the possession of the firearm lasts no longer than 5 1 immediately necessary to resolve the emergency. 5 2 The bill strikes Code section 724.5 relating to a person's 5 3 duty to carry a valid permit to carry certain weapons for 5 4 which a permit has been issued to the person and replaces that 5 5 Code section with language providing that the availability 5 6 of a professional or nonprofessional permit to carry weapons 5 7 shall not be construed to impose a general prohibition on 5 8 the unlicensed carrying, whether openly or concealed, of a 5 9 dangerous weapon, including a loaded firearm. LSB 1269YH (4) 87 jm/rj/rh