Iowa-2021-HF214-Introduced

H.F. 214 DIVISION I 1 CARRYING AND POSSESSING WEAPONS 2 Section 1. Section 232.52, subsection 2, paragraph a, 3 subparagraph (4), subparagraph division (a), subparagraph 4 subdivision (viii), Code 2021, is amended to read as follows: 5 (viii) Section 724.4 , if the child used the knife in the 6 commission of a crime on school grounds . 7 Sec. 2. Section 724.2A, Code 2021, is amended to read as 8 follows: 9 724.2A Peace officer —— defined —— reserved peace officer 10 included. 11 As used in sections 724.4, 724.6 , and 724.11 , “peace officer” 12 includes a reserve peace officer as defined in section 80D.1A . 13 Sec. 3. Section 724.4, Code 2021, is amended by striking the 14 section and inserting in lieu thereof the following: 15 724.4 Use of a knife in the commission of a crime. 16 A person who goes armed with a knife on or about the person, 17 and who uses the knife in the commission of a crime, commits an 18 aggravated misdemeanor. 19 Sec. 4. Section 724.4B, Code 2021, is amended by striking 20 the section and inserting in lieu thereof the following: 21 724.4B Carrying dangerous weapons on school grounds —— 22 penalty —— exceptions. 23 1. A person who goes armed with, carries, or transports 24 a dangerous weapon of any kind, whether concealed or not, on 25 the grounds of a school commits a class “D” felony. For the 26 purposes of this section, “school” means a public or nonpublic 27 school as defined in section 280.2. 28 2. Subsection 1 does not apply to the following: 29 a. A person who has been specifically authorized by the 30 school to go armed with, carry, or transport a dangerous weapon 31 on the school grounds for any lawful purpose. 32 b. A peace officer, when the officer’s duties require the 33 person to carry a dangerous weapon. 34 c. A member of the armed forces of the United States or 35 -1- LSB 1936HH (2) 89 js/rh 1/ 6

H.F. 214 of the national guard or person in the service of the United 1 States, when the dangerous weapon is carried in connection with 2 the person’s duties as such. 3 d. A correctional officer, when the officer’s duties require 4 the officer to carry a dangerous weapon, serving under the 5 authority of the Iowa department of corrections. 6 e. A person who for any lawful purpose carries an unloaded 7 pistol, revolver, or other dangerous weapon inside a closed 8 and fastened container or securely wrapped package that is too 9 large to be concealed on the person. 10 f. A person who for any lawful purpose carries or transports 11 an unloaded pistol or revolver in a vehicle or common carrier 12 inside a closed and fastened container or securely wrapped 13 package that is too large to be concealed on the person or 14 carries or transports an unloaded pistol or revolver inside a 15 cargo or luggage compartment where the pistol or revolver will 16 not be readily accessible to any person riding in the vehicle 17 or common carrier. 18 g. A law enforcement officer from another state when the 19 officer’s duties require the officer to carry a dangerous 20 weapon and the officer is in this state for any of the 21 following reasons: 22 (1) The extradition or other lawful removal of a prisoner 23 from this state. 24 (2) Pursuit of a suspect in compliance with chapter 806. 25 (3) Activities in the capacity of a law enforcement officer 26 with the knowledge and consent of the chief of police of the 27 city or the sheriff of the county in which the activities occur 28 or of the commissioner of public safety. 29 Sec. 5. Section 724.5, Code 2021, is amended by striking the 30 section and inserting in lieu thereof the following: 31 724.5 Availability of permit not to be construed as 32 prohibition on unlicensed carrying of weapons. 33 The availability of a professional or nonprofessional permit 34 to carry weapons under this chapter shall not be construed 35 -2- LSB 1936HH (2) 89 js/rh 2/ 6

H.F. 214 to impose a general prohibition on the unlicensed carrying, 1 whether openly or concealed, of a dangerous weapon, including 2 a loaded firearm. 3 DIVISION II 4 ACQUIRING PISTOLS AND REVOLVERS 5 Sec. 6. Section 724.15, Code 2021, is amended to read as 6 follows: 7 724.15 Permit to acquire pistols or revolvers. 8 1. Any person who desires to acquire ownership of any 9 pistol or revolver shall first obtain a permit. A permit to 10 acquire ownership of any pistol or revolver shall be issued 11 upon request to any resident of this state unless the person is 12 subject to any of the following: 13 a. Is less than twenty-one years of age. 14 b. Is subject to the provisions of section 724.26 . 15 c. Is prohibited by federal law from shipping, transporting, 16 possessing, or receiving a firearm. 17 2. Any person who acquires ownership of a pistol or 18 revolver shall not be required to obtain a permit if any of the 19 following apply: 20 a. The person transferring the pistol or revolver and the 21 person acquiring the pistol or revolver are licensed firearms 22 dealers under federal law. 23 b. The pistol or revolver acquired is an antique firearm, a 24 collector’s item, a device which is not designed or redesigned 25 for use as a weapon, a device which is designed solely for use 26 as a signaling, pyrotechnic, line-throwing, safety, or similar 27 device, or a firearm which is unserviceable by reason of being 28 unable to discharge a shot by means of an explosive and is 29 incapable of being readily restored to a firing condition. 30 c. The person acquiring the pistol or revolver is authorized 31 to do so on behalf of a law enforcement agency. 32 d. The person has obtained a valid permit to carry weapons, 33 as provided in section 724.11 . 34 e. The person transferring the pistol or revolver and the 35 -3- LSB 1936HH (2) 89 js/rh 3/ 6

H.F. 214 person acquiring the pistol or revolver are related to one 1 another within the second degree of consanguinity or affinity 2 unless the person transferring the pistol or revolver knows 3 that the person acquiring the pistol or revolver would be 4 disqualified from obtaining a permit. 5 3. 2. The permit to acquire pistols or revolvers shall 6 authorize the permit holder to acquire one or more pistols or 7 revolvers during the period that the permit remains valid. If 8 the issuing officer determines that the applicant has become 9 disqualified under the provisions of subsection 1 , the issuing 10 officer may immediately revoke the permit and shall provide 11 a written statement of the reasons for revocation, and the 12 applicant shall have the right to appeal the revocation as 13 provided in section 724.21A . 14 4. 3. An issuing officer who finds that a person issued 15 a permit to acquire pistols or revolvers under this chapter 16 has been arrested for a disqualifying offense or who is 17 the subject of proceedings that could lead to the person’s 18 ineligibility for such permit may immediately suspend such 19 permit. An issuing officer proceeding under this subsection 20 shall immediately notify the permit holder of the suspension 21 by personal service or certified mail on a form prescribed 22 and published by the commissioner of public safety and the 23 suspension shall become effective upon the permit holder’s 24 receipt of such notice. If the suspension is based on an 25 arrest or a proceeding that does not result in a disqualifying 26 conviction or finding against the permit holder, the issuing 27 officer shall immediately reinstate the permit upon receipt 28 of proof of the matter’s final disposition. If the arrest 29 leads to a disqualifying conviction or the proceedings to 30 a disqualifying finding, the issuing officer shall revoke 31 the permit. The issuing officer may also revoke the permit 32 of a person whom the issuing officer later finds was not 33 qualified for such a permit at the time of issuance or who 34 whom the officer finds provided materially false information 35 -4- LSB 1936HH (2) 89 js/rh 4/ 6

H.F. 214 on the permit application. A person aggrieved by a suspension 1 or revocation under this subsection may seek review of the 2 decision pursuant to section 724.21A . 3 Sec. 7. Section 724.16, Code 2021, is amended by striking 4 the section and inserting in lieu thereof the following: 5 724.16 No prohibition to acquire pistols or revolvers without 6 a permit. 7 The availability of a permit to acquire pistols or revolvers 8 under this chapter shall not be construed to impose a general 9 prohibition on the unlicensed acquiring of ownership of pistols 10 or revolvers. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to the carrying and possession of weapons 15 and the acquiring of pistols and revolvers, and provides 16 penalties. 17 CARRYING AND POSSESSING WEAPONS. The bill amends Code 18 section 724.4 by striking the current penalty for carrying 19 dangerous weapons. Instead, the bill amends the current crime 20 of going armed with a knife in the commission of a crime, an 21 aggravated misdemeanor to provide that a person who goes armed 22 with a knife on or about the person, or who used the knife in 23 the commission of a crime, commits an aggravated misdemeanor. 24 An aggravated misdemeanor is punishable by confinement for 25 no more than two years and a fine of at least $855 but not 26 more than $8,540. The bill makes a conforming change to Code 27 section 232.52(2) relating to the suspension or revocation of 28 a juvenile’s driver’s license or operating privilege and a 29 conforming change to Code section 724.2A due to the strike of 30 Code section 724.4 in the bill. The bill also makes a change 31 to Code section 724.4B, relating to the carrying of weapons on 32 school grounds, to specifically include certain categories of 33 persons who are authorized to carry weapons on school grounds. 34 The bill strikes Code section 724.5 relating to a person’s 35 -5- LSB 1936HH (2) 89 js/rh 5/ 6

H.F. 214 duty to carry a valid permit to carry certain weapons for 1 which a permit has been issued to the person and replaces that 2 Code section with language providing that the availability 3 of a professional or nonprofessional permit to carry weapons 4 shall not be construed to impose a general prohibition on 5 the unlicensed carrying, whether openly or concealed, of a 6 dangerous weapon, including a loaded firearm. 7 ACQUIRING PISTOLS AND REVOLVERS. The bill amends Code 8 section 724.15 by striking the requirement that a person obtain 9 a permit to acquire ownership of any pistol or revolver. Under 10 the bill, a person can still apply and obtain a permit to 11 acquire ownership of a pistol or revolver if the applicant 12 meets certain requirements. An applicant also maintains the 13 right to appeal a denial of an application for a permit to 14 acquire pistols or revolvers. However, the availability of a 15 permit to acquire a pistol or revolver shall not be construed 16 to impose a general prohibition on the unlicensed acquiring 17 of ownership of a pistol or revolver. The bill strikes Code 18 section 724.16, which provides a penalty (class “D” felony) for 19 persons who acquire ownership of a pistol or revolver without a 20 valid permit or who transfer ownership of a pistol or revolver 21 to a person who does not have a valid permit to acquire pistols 22 or revolvers. 23 -6- LSB 1936HH (2) 89 js/rh 6/ 6