Bill Text: IA HF259 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the carrying, possession, or transportation of weapons on school grounds, at places of employment, at certain entertainment venues owned or operated by a political subdivision, and in county courthouses. (See HF 636.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-04 - Committee report, recommending amendment and passage. H.J. 394. [HF259 Detail]
Download: Iowa-2019-HF259-Introduced.html
House
File
259
-
Introduced
HOUSE
FILE
259
BY
WINDSCHITL
A
BILL
FOR
An
Act
relating
to
the
carrying,
possession,
or
transportation
1
of
weapons
on
school
grounds,
at
places
of
employment,
2
at
certain
entertainment
venues
owned
or
operated
by
a
3
political
subdivision,
and
in
county
courthouses.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
724.4B,
subsection
2,
Code
2019,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
d.
A
person
who
has
in
the
person’s
3
possession
a
valid
permit
to
carry
weapons
issued
pursuant
4
to
section
724.7
and
remains
on
the
portion
of
the
grounds
5
of
the
school
that
comprise
its
driveways,
parking
lots,
and
6
sidewalks
while
going
armed
with,
carrying,
or
transporting
a
7
concealed
pistol
or
revolver.
A
school
shall
be
immune
from
8
any
claim,
cause
of
action,
or
lawsuit
by
a
person
seeking
9
damages
that
are
alleged,
directly
or
indirectly,
as
a
result
10
of
any
concealed
pistol
or
revolver
brought
onto
the
grounds
of
11
a
school
by
a
person
pursuant
to
this
paragraph.
12
Sec.
2.
NEW
SECTION
.
724.4D
Limitation
on
employers
——
13
firearms
and
ammunition.
14
1.
For
purposes
of
this
section,
“employee”
includes
a
15
contract
employee
or
volunteer.
16
2.
An
employer
shall
not
prohibit
an
employee
from
carrying,
17
transporting,
or
possessing
a
firearm
or
ammunition,
if
the
18
firearm
and
ammunition
are
out
of
sight
and
inside
the
locked
19
motor
vehicle
of
the
employee
on
the
real
property
comprising
20
the
employee’s
place
of
employment,
and
if
the
carrying,
21
transportation,
or
possession
of
the
firearm
or
ammunition
is
22
otherwise
lawful
under
the
laws
of
this
state.
23
3.
An
employer,
owner,
or
lawful
possessor
of
the
property
24
on
which
the
employer
is
located
shall
be
immune
from
any
25
claim,
cause
of
action,
or
lawsuit
brought
by
any
person
26
seeking
damages
that
are
alleged,
directly
or
indirectly,
as
a
27
result
of
any
firearm
or
ammunition
brought
onto
the
property
28
of
the
employer,
owner,
or
lawful
possessor
by
an
employee
29
pursuant
to
this
section.
30
Sec.
3.
Section
724.28,
subsections
2
and
3,
Code
2019,
are
31
amended
to
read
as
follows:
32
2.
A
political
subdivision
of
the
state
shall
not
enact
33
an
ordinance
regulating
the
ownership,
possession,
legal
34
transfer,
lawful
transportation,
modification,
registration,
or
35
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licensing
of
firearms
,
firearms
attachments,
or
other
weapons
1
when
the
ownership,
possession,
transfer,
or
transportation
,
or
2
modification
is
otherwise
lawful
under
the
laws
of
this
state.
3
An
ordinance
regulating
firearms
,
firearms
attachments,
or
4
other
weapons
in
violation
of
this
section
existing
on
or
after
5
April
5,
1990,
is
void.
6
3.
If
a
political
subdivision
of
the
state,
prior
to,
7
on,
or
after
July
1,
2017
2019
,
adopts,
makes,
enacts,
or
8
amends
any
ordinance,
measure,
enactment,
rule,
resolution,
9
motion,
or
policy
regulating
the
ownership,
possession,
legal
10
transfer,
lawful
transportation,
modification,
registration,
or
11
licensing
of
firearms
,
firearms
attachments,
or
other
weapons
12
when
the
ownership,
possession,
transfer,
transportation,
13
modification,
registration,
or
license
licensing
of
firearms,
14
firearms
attachments,
or
other
weapons
is
otherwise
lawful
15
under
the
laws
of
this
state,
a
person
adversely
affected
by
16
the
ordinance,
measure,
enactment,
rule,
resolution,
motion,
or
17
policy
may
file
suit
in
the
appropriate
court
for
declaratory
18
and
injunctive
relief
for
damages
and
all
damages,
including
19
punitive
damages,
attributable
to
the
violation.
A
court
20
shall
also
award
the
prevailing
plaintiff
in
any
such
lawsuit
21
reasonable
attorney
fees
and
litigation
costs
.
22
Sec.
4.
Section
724.28,
Code
2019,
is
amended
by
adding
the
23
following
new
subsection:
24
NEW
SUBSECTION
.
4.
A
political
subdivision
of
the
state
25
may
prohibit
the
carrying,
possession,
or
transportation
26
of
firearms,
firearms
attachments,
or
other
weapons
at
27
an
entertainment
venue
owned
or
operated
by
the
political
28
subdivision
if
such
prohibition
is
contractually
required
by
a
29
performer,
speaker,
lecturer,
or
event
sponsor
as
a
condition
30
of
their
performance,
speech,
lecture,
or
event
at
the
31
entertainment
venue
and
if
provisions
are
made
at
the
venue
to
32
screen
attendees
for
firearms,
firearms
attachments,
or
other
33
weapons
and
to
provide
armed
security
personnel.
For
purposes
34
of
this
subsection,
“entertainment
venue”
includes
but
is
not
35
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limited
to
concert
halls,
auditoriums,
theaters,
sports
arenas,
1
and
other
facilities
primarily
used
for
stage
performances,
2
musical
performances,
lectures,
speeches,
sporting
events,
and
3
other
similar
presentations.
4
Sec.
5.
NEW
SECTION
.
724.32
County
courthouse
——
weapon
5
prohibitions.
6
A
supreme
court
or
judicial
branch
order
prohibiting
a
7
person
from
carrying,
possessing,
or
transporting
a
weapon
in
8
a
county
courthouse
or
other
joint-use
public
facility,
other
9
than
in
a
courtroom
or
court
office,
shall
be
unenforceable,
if
10
the
carrying,
possession,
or
transportation
of
such
a
weapon
is
11
otherwise
lawful
under
the
laws
of
this
state.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
relates
to
the
carrying,
possession,
or
16
transportation
of
weapons
on
school
grounds,
at
places
of
17
employment,
at
certain
entertainment
venues
owned
or
operated
18
by
a
political
subdivision,
and
in
county
courthouses.
19
Current
law
provides
that
a
person
who
goes
armed
with,
20
carries,
or
transports
a
firearm
of
any
kind,
whether
concealed
21
or
not,
on
the
grounds
of
a
school
(public
or
nonpublic)
22
commits
the
criminal
offense
of
carrying
firearms
on
school
23
grounds,
except
under
certain
circumstances.
Carrying
firearms
24
on
school
grounds
in
violation
of
Code
section
724.4B
is
a
25
class
“D”
felony.
Under
the
bill,
a
person
does
not
commit
26
the
criminal
offense
of
carrying
firearms
on
school
grounds
27
in
violation
of
Code
section
724.4B
if
the
person
possesses
a
28
valid
permit
to
carry
weapons
while
remaining
on
the
portion
29
of
the
grounds
that
comprise
the
driveways,
parking
lots,
and
30
sidewalks
of
a
school
while
going
armed
with,
carrying,
or
31
transporting
a
concealed
pistol
or
revolver.
The
bill
also
32
provides
that
a
school
is
immune
from
any
claim,
cause
of
33
action,
or
lawsuit
seeking
damages
alleged
as
a
result
of
a
34
concealed
pistol
or
revolver
brought
onto
the
grounds
of
the
35
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school
by
a
person
possessing
a
valid
permit
to
carry
weapons
1
who
remains
on
the
portion
of
the
grounds
that
comprise
the
2
driveways,
parking
lots,
and
sidewalks
of
the
school.
3
The
bill
prohibits
an
employer
from
prohibiting
an
employee
4
from
carrying,
possessing,
or
transporting
a
firearm
or
5
ammunition
on
the
real
property
comprising
the
employee’s
place
6
of
employment
if
the
firearm
or
ammunition
is
out
of
sight
7
and
inside
the
locked
motor
vehicle
of
the
employee
and
if
8
the
carrying,
transportation,
or
possession
of
the
firearm
or
9
ammunition
is
otherwise
lawful
under
the
laws
of
this
state.
10
The
bill
defines
“employee”
to
include
a
contract
employee
or
11
volunteer.
The
bill
also
provides
that
an
employer,
owner,
12
or
lawful
possessor
of
the
property
on
which
the
employer
is
13
located
is
immune
from
any
claim,
cause
of
action,
or
lawsuit
14
seeking
damages
alleged
as
a
result
of
any
firearm
brought
onto
15
the
property
of
the
employer,
owner,
or
lawful
possessor
on
16
which
the
employer
is
located
by
an
employee.
17
Current
law
provides
that
a
political
subdivision
shall
not
18
enact,
adopt,
make,
or
amend
any
ordinance,
measure,
enactment,
19
rule,
resolution,
motion,
or
policy
that
regulates
the
20
ownership,
possession,
legal
transfer,
lawful
transportation,
21
registration,
or
licensing
of
firearms
when
the
ownership,
22
possession,
transfer,
transportation,
registration,
or
license
23
is
otherwise
lawful,
and
that
a
person
adversely
affected
24
by
such
an
ordinance,
measure,
enactment,
rule,
resolution,
25
motion,
or
policy
may
file
suit
in
the
appropriate
court
for
26
declaratory
and
injunctive
relief
for
damages.
The
bill
27
extends
this
prohibition
to
modifications
and
further
provides
28
that
the
prohibition
applies
to
firearm
attachments
and
other
29
weapons.
The
bill
provides
that
a
person
adversely
affected
30
may
also
file
a
lawsuit
for
damages,
including
punitive
31
damages,
attributable
to
the
violation
and,
if
successful,
a
32
court
shall
also
award
the
person
adversely
affected
reasonable
33
attorney
fees
and
litigation
costs.
34
The
bill
provides
an
exception
to
the
prohibition
of
35
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firearms,
firearms
attachments,
and
other
weapons
regulated
1
by
a
political
subdivision
of
this
state
if
the
regulation
2
concerns
an
entertainment
venue
owned
or
operated
by
a
3
political
subdivision
and
if
the
regulation
is
requested
by
a
4
performer,
speaker,
lecturer,
or
event
sponsor
as
a
condition
5
of
their
performance,
speech,
lecture,
or
event
at
the
6
entertainment
venue
and
if
provisions
are
made
at
the
venue
to
7
screen
attendees
for
firearms,
firearms
attachments,
and
other
8
weapons
and
to
provide
armed
security
personnel.
The
bill
9
defines
“entertainment
venue”
to
include
but
not
be
limited
10
to
concert
halls,
auditoriums,
theaters,
sports
arenas,
and
11
other
facilities
primarily
used
for
stage
performances,
musical
12
performances,
lectures,
speeches,
sporting
events,
and
other
13
similar
presentations.
14
The
bill
provides
that
a
supreme
court
or
judicial
branch
15
order
that
prohibits
a
person
from
carrying,
possessing,
or
16
transporting
a
weapon
in
a
county
courthouse
or
other
joint-use
17
public
facility,
other
than
in
a
courtroom
or
a
court
office,
18
shall
be
unenforceable
as
long
as
the
carrying,
possession,
or
19
transportation
of
such
a
weapon
is
otherwise
lawful
under
the
20
laws
of
this
state.
21
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