Bill Text: IA HF250 | 2021-2022 | 89th General Assembly | Introduced

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Bill Title: A bill for an act relating to carrying and possessing weapons without a permit, and providing penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-01-27 - Introduced, referred to Public Safety. H.J. 211. [HF250 Detail]

Download: Iowa-2021-HF250-Introduced.html

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House File 250 - Introduced
HOUSE FILE 250
BY SHIPLEY
A BILL FOR
An Act relating to carrying and possessing weapons without a
permit, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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H.F. 250
Section 1. Section 232.52, subsection 2, paragraph a,
subparagraph (4), subparagraph division (a), subparagraph
subdivision (viii), Code 2021, is amended to read as follows:
(viii) Section 724.4 if the child used the knife in the
commission of a crime on school grounds .
Sec. 2. Section 724.2A, Code 2021, is amended to read as
follows:
724.2A Peace officer —— defined —— reserved peace officer
included.
As used in sections 724.4, 724.6 , and 724.11 , “peace officer”
includes a reserve peace officer as defined in section 80D.1A .
Sec. 3. Section 724.4, Code 2021, is amended by striking the
section and inserting in lieu thereof the following:
724.4 Use of knife in the commission of a crime.
A person who goes armed with a knife on or about the person,
if the person uses the knife in the commission of a crime,
commits an aggravated misdemeanor.
Sec. 4. Section 724.4B, subsection 2, Code 2021, is amended
to read as follows:
2. Subsection 1 does not apply to the following:
a. A person listed under section 724.4, subsection 4 ,
paragraphs “b” through “f” or “j” .
b. a. A person who has been specifically authorized by
the school to go armed with, carry, or transport a firearm on
the school grounds, including for purposes of conducting an
instructional program regarding firearms.
c. b. A licensee under chapter 80A or an employee of
such a licensee, while the licensee or employee is engaged in
the performance of duties, and if the licensee or employee
possesses a valid professional or nonprofessional permit to
carry weapons issued pursuant to this chapter .
c. A member of the armed forces of the United States or
of the national guard or person in the service of the United
States, when the weapons are carried in connection with the
person’s duties as such.
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H.F. 250
d. A correctional officer, when the officer’s duties
require, serving under the authority of the Iowa department of
corrections.
e. A person who for any lawful purpose carries an unloaded
pistol, revolver, or other dangerous weapon inside a closed
and fastened container or securely wrapped package that is too
large to be concealed on the person.
f. A person who for any lawful purpose carries or transports
an unloaded pistol or revolver in a vehicle inside a closed
and fastened container or securely wrapped package that is
too large to be concealed on the person or inside a cargo
or luggage compartment where the pistol or revolver will not
be readily accessible to any person riding in the vehicle or
common carrier.
g. A law enforcement officer from another state when the
officer’s duties require the officer to carry the weapon and
the officer is in this state for any of the following reasons:
(1) The extradition or other lawful removal of a prisoner
from this state.
(2) Pursuit of a suspect in compliance with chapter 806.
(3) Activities in the capacity of a law enforcement officer
with the knowledge and consent of the chief of police of the
city or the sheriff of the county in which the activities occur
or of the commissioner of public safety.
Sec. 5. Section 724.5, Code 2021, is amended by striking the
section and inserting in lieu thereof the following:
724.5 Availability of permit not to be construed as
prohibition on unlicensed carrying of weapons.
The availability of a professional or nonprofessional permit
to carry weapons under this chapter shall not be construed
to impose a general prohibition on the unlicensed carrying,
whether openly or concealed, of a deadly weapon, including a
loaded firearm.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
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H.F. 250
the explanation’s substance by the members of the general assembly.
This bill relates to carrying and possessing weapons without
a permit.
The bill strikes Code section 724.4 relating to the crime of
carrying dangerous weapons, an aggravated misdemeanor, without
a valid permit or in other enumerated circumstances. Instead,
the bill section creates a new crime of going armed with a
knife in the commission of a crime, an aggravated misdemeanor.
The bill amends Code section 232.52(2) by allowing a juvenile
court to enter a dispositional order suspending or revoking a
child’s driver’s license or operating privilege when the child
commits a delinquent act in violation of Code section 724.4
and the commission of the delinquent act is on school grounds.
The bill also makes conforming changes to Code section 724.4B,
relating to the carrying of weapons on school grounds, by
specifically identifying certain categories of persons who
are authorized to carry weapons on school grounds that were
previously identified by reference to Code section 724.4,
paragraphs “b” through “f” or “j”.
The bill strikes Code section 724.5 relating to a person’s
duty to carry a valid permit to carry certain weapons for
which a permit has been issued to the person and replaces that
Code section with a provision stating that the availability
of a professional or nonprofessional permit to carry weapons
shall not be construed to impose a general prohibition on the
unlicensed carrying of a deadly weapon including a loaded
firearm.
An aggravated misdemeanor, as referenced in the bill, is
punishable by confinement for no more than two years and a fine
of at least $855 but not more than $8,540.
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