Bill Text: IA HF456 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the carrying and possession of weapons and acquiring pistols and revolvers, and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-25 - Subcommittee: Windschitl, Kacena and Klein. H.J. 353. [HF456 Detail]
Download: Iowa-2019-HF456-Introduced.html
House
File
456
-
Introduced
HOUSE
FILE
456
BY
WHEELER
A
BILL
FOR
An
Act
relating
to
the
carrying
and
possession
of
weapons
and
1
acquiring
pistols
and
revolvers,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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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
2019,
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
2019,
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
2019,
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
2019,
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
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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
and
8
fastened
container
or
securely
wrapped
package
which
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
which
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
2019,
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
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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
2019,
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
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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
a
30
disqualifying
finding,
the
issuing
officer
shall
revoke
the
31
permit.
The
issuing
officer
may
also
revoke
the
permit
of
a
32
person
whom
the
issuing
officer
later
finds
was
not
qualified
33
for
such
a
permit
at
the
time
of
issuance
or
who
the
officer
34
finds
provided
materially
false
information
on
the
permit
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application.
A
person
aggrieved
by
a
suspension
or
revocation
1
under
this
subsection
may
seek
review
of
the
decision
pursuant
2
to
section
724.21A
.
3
Sec.
7.
Section
724.16,
Code
2019,
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
$625
but
not
26
more
than
$6,250.
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
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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.
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