Bill Text: IA HF517 | 2017-2018 | 87th General Assembly | Enrolled


Bill Title: A bill for an act relating to offensive and dangerous weapons, and the justifiable use of reasonable and deadly force, including carrying, possessing, transferring, and acquiring weapons, the purchase and regulation of such weapons, providing penalties, and including effective date and applicability provisions. (Formerly HSB 133.) Effective 7-1-17, with exception of sections 28, 29, Division VI and section 51 effective 4-13-17.

Spectrum: Partisan Bill (? 1-0)

Status: (Passed) 2017-04-13 - Signed by Governor. H.J. 1009. [HF517 Detail]

Download: Iowa-2017-HF517-Enrolled.html

House File 517 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON JUDICIARY

                              (SUCCESSOR TO HSB 133)
 \5
                                   A BILL FOR
 \1
                                         House File 517

                             AN ACT
 RELATING TO OFFENSIVE AND DANGEROUS WEAPONS, AND THE
    JUSTIFIABLE USE OF REASONABLE AND DEADLY FORCE, INCLUDING
    CARRYING, POSSESSING, TRANSFERRING, AND ACQUIRING WEAPONS,
    THE PURCHASE AND REGULATION OF SUCH WEAPONS, PROVIDING
    PENALTIES, AND INCLUDING EFFECTIVE DATE AND APPLICABILITY
    PROVISIONS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
                           DIVISION I
                        OFFENSIVE WEAPONS
    Section 1.  Section 724.1, subsection 1, paragraph b, Code
 2017, is amended by striking the paragraph.
    Sec. 2.  NEW SECTION.  724.1C  Short=barreled rifle or
 short=barreled shotgun ==== penalty.
    1.  For purposes of this section, "short=barreled rifle" or
 "short=barreled shotgun" means the same as defined in 18 U.S.C.
 {921.
    2.  A person shall not knowingly possess a short=barreled
 rifle or short=barreled shotgun in violation of federal law.
    3.  A person who possesses a short=barreled rifle or
 short=barreled shotgun in violation of subsection 2 commits a
 class "D" felony.
                           DIVISION II
           CARRYING WEAPONS AND POSSESSION OF WEAPONS
    Sec. 3.  Section 232.52, subsection 2, paragraph a,
 subparagraph (4), subparagraph division (a), subparagraph
 subdivision (viii), Code 2017, is amended to read as follows:
    (viii)  Section 724.4, if the child carried the dangerous
 weapon on school grounds or 724.4B.
    Sec. 4.  Section 708.8, Code 2017, is amended to read as
 follows:
    708.8  Going armed with intent.
    A person who goes armed with any dangerous weapon with the
 intent to use without justification such weapon against the
 person of another commits a class "D" felony.  The intent
 required for a violation of this section shall not be inferred
 from the mere carrying or concealment of any dangerous weapon
 itself, including the carrying of a loaded firearm, whether in
 a vehicle or on or about a person's body.
    Sec. 5.  Section 724.2A, Code 2017, is amended to read as
 follows:
    724.2A  Peace officer defined and reserve peace officer ====
 defined.
    As used in sections 724.4, 724.6, and 724.11 regarding
 obtaining or renewing a permit for the carrying of weapons,
 "peace officer" means a certified "peace officer" and includes a
 reserve peace officer as defined in section 80D.1A.
    Sec. 6.  Section 724.4, subsection 4, paragraph b, Code 2017,
 is amended to read as follows:
    b.  A peace officer, when the officer's duties require the
 person to carry such weapons, or as provided in section 724.6.
    Sec. 7.  Section 724.4B, subsection 2, Code 2017, is amended
 by adding the following new paragraph:
    NEW PARAGRAPH.  c.  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.
    Sec. 8.  Section 724.4C, Code 2017, is amended to read as
 follows:
    724.4C  Possession or carrying of firearms dangerous weapons
  while under the influence.
    1.  A permit issued under this chapter is invalid if the
  Except as provided in subsection 2, a person to whom the permit
 is issued is commits a serious misdemeanor if the person
 is intoxicated as provided under the conditions set out in
 section 321J.2, subsection 1., and the person does any of the
 following:
    a.  Carries a dangerous weapon on or about the person.
    b.  Carries a dangerous weapon within the person's immediate
 access or reach while in a vehicle.
    2.  This section shall not apply to any of the following:
    a.  A person who carries or possesses a dangerous weapon
 while in the person's own dwelling, place of business, or on
 land owned or lawfully possessed by the person.
    b.  The transitory possession or use of a dangerous weapon
 during an act of justified self=defense or justified defense of
 another, provided that the possession lasts no longer than is
 immediately necessary to resolve the emergency.
    Sec. 9.  Section 724.5, Code 2017, is amended to read as
 follows:
    724.5  Duty to carry permit to carry weapons.
    1.  A person armed with a revolver, pistol, or pocket billy
 concealed upon the person shall have in the person's immediate
 possession the permit provided for in section 724.4, subsection
 4, paragraph "i", and shall produce the permit for inspection at
 the request of a peace officer. Failure to so produce a permit
 is a simple misdemeanor.
    2.  A person charged with a violation of subsection 1 who
 produces to the clerk of the district court prior to the
 date of the person's court appearance proof that the person
 possesses a valid permit to carry weapons which was valid at
 the time of the alleged offense, shall not be convicted of a
 violation of subsection 1 and the charge shall be dismissed by
 the court.  Upon dismissal, the court shall assess the costs
 of the action against the person named on the indictment or
 information.
    Sec. 10.  Section 724.6, subsection 1, Code 2017, is amended
 to read as follows:
    1.  a.  A person may be issued a permit to carry weapons when
 the person's employment in a private investigation business
 or private security business licensed under chapter 80A, or a
 person's employment as a peace officer, correctional officer,
 security guard, bank messenger or other person transporting
 property of a value requiring security, or in police work,
 reasonably justifies that person going armed.
    b.  The permit shall be on a form prescribed and published
 by the commissioner of public safety, shall identify the
 holder, and shall state the nature of the employment requiring
 the holder to go armed. A permit so issued, other than to
 a peace officer, shall authorize the person to whom it is
 issued to go armed anywhere in the state, only while engaged
 in the employment, and while going to and from the place of the
 employment.
    c.  A permit issued to a certified peace officer shall
 authorize that peace officer to go armed anywhere in the state
 at all times, including on the grounds of a school.
    d.  Permits shall expire twelve months after the date
 when issued except that permits issued to peace officers and
 correctional officers are valid through the officer's period of
 employment unless otherwise canceled. When the employment is
 terminated, the holder of the permit shall surrender it to the
 issuing officer for cancellation.
                          DIVISION III
       PERMIT TO CARRY WEAPONS AND FIREARM SAFETY TRAINING
    Sec. 11.  Section 80A.13, subsection 1, Code 2017, is amended
 to read as follows:
    1.  File with the sheriff of the county in which the campus
 is located evidence that the individual has successfully
 completed an approved firearms firearm safety training program
  under section 724.9. This requirement does not apply to
 armored car personnel.
    Sec. 12.  Section 724.9, Code 2017, is amended to read as
 follows:
    724.9  Firearm safety training program.
    1.  An applicant for an initial permit to carry weapons shall
 demonstrate knowledge of firearm safety by any of the following
 means:
    a.  Completion of any national rifle association handgun
 safety training course.
    b.  Completion of any handgun safety training course
 available to the general public offered by a law enforcement
 agency, community college, college, private or public
 institution or organization, or firearms training school,
 utilizing instructors certified by the national rifle
 association or the department of public safety or another
 state's department of public safety, state police department,
 or similar certifying body.
    c.  Completion of any handgun safety training course offered
 for security guards, investigators, special deputies, or any
 division or subdivision of a law enforcement or security
 enforcement agency approved by the department of public safety.
    d.  Completion of small arms training while serving with the
 armed forces of the United States as evidenced by any of the
 following:.
    (1)  For personnel released or retired from active duty,
 possession of an honorable discharge or general discharge under
 honorable conditions.
    (2)  For personnel on active duty or serving in one of the
 national guard or reserve components of the armed forces of the
 United States, possession of a certificate of completion of
 basic training with a service record of successful completion
 of small arms training and qualification.
    e.  Completion of a law enforcement agency firearms firearm
 safety training course that qualifies a peace officer to carry
 a firearm in the normal course of the peace officer's duties.
    f.  Completion of a hunter education program approved by
 the natural resource commission pursuant to section 483A.27,
 if the program includes handgun safety training and completion
 of the handgun safety training is included on the certificate
 of completion.
    2.  The handgun safety training course required in
 subsection 1 may be conducted over the internet in a live or
 web=based format, if completion of the course is verified by
 the instructor or provider of the course.
    3.  Firearm safety training shall not be required for
 renewals of permits issued after December 31, 2010.
    2.  4.  Evidence If firearm safety training is required under
 this section, evidence of qualification under this section such
 training may be documented by any of the following:
    a.  A photocopy of a certificate of completion or any
 similar document indicating completion of any course or
 class identified in subsection 1 that was completed within
 twenty=four months prior to the date of the application.
    b.  An affidavit from the instructor, school, organization,
 or group that conducted or taught a course or class identified
 in subsection 1 that was completed within twenty=four
 months prior to the date of the application attesting to the
 completion of the course or class by the applicant.
    c.  A copy of any document indicating participation in any
 firearms shooting competition.
    c.  For personnel released or retired from active duty in the
 armed forces of the United States, possession of an honorable
 discharge or general discharge under honorable conditions
 issued any time prior to the date of the application.
    d.  For personnel on active duty or serving in one of the
 national guard or reserve components of the armed forces of the
 United States, possession of a certificate of completion of
 basic training with a service record of successful completion
 of small arms training and qualification issued prior to the
 date of the application, or any other official documentation
 satisfactory to the issuing officer issued prior to the date
 of the application.
    3.  5.  An issuing officer shall not condition the issuance
 of a permit on training requirements that are not specified in
 or that exceed the requirements of this section.
    6.  If an applicant applies after expiration of the time
 periods specified for renewal in section 724.11, firearm safety
 training shall not be required for a renewal permit under this
 section.
    Sec. 13.  Section 724.11, subsections 1 and 3, Code 2017, are
 amended to read as follows:
    1.  Applications for permits to carry weapons shall be made
 to the sheriff of the county in which the applicant resides.
 Applications for professional permits to carry weapons for
 persons who are nonresidents of the state, or whose need to
 go armed arises out of employment by the state, shall be made
 to the commissioner of public safety. In either case, the
 sheriff or commissioner, before issuing the permit, shall
 determine that the requirements of sections 724.6 to 724.10
 have been satisfied. However, for renewal of a permit the
 training program requirements in section 724.9, subsection 1,
 shall apply or the renewal applicant may choose to qualify on a
 firing range under the supervision of an instructor certified
 by the national rifle association or the department of public
 safety or another state's department of public safety, state
 police department, or similar certifying body. Such training
 or qualification must occur within the twelve=month period
 prior to the expiration of the applicant's current permit.
 A renewal applicant shall apply within thirty days prior to
 the expiration of the permit, or within thirty days after the
 expiration of the permit; otherwise the applicant shall be
 considered an applicant for an initial permit for purposes of
 renewal fees under subsection 3.
    3.  The issuing officer shall collect a fee of fifty dollars
 for an initial permit, except from a duly appointed peace
 officer or correctional officer, for each permit issued.
 Renewal permits or duplicate permits shall be issued for a
 fee of twenty=five dollars, provided the application for such
 renewal permit is received by the issuing officer at least
  within thirty days prior to the expiration of the applicant's
 current permit or within thirty days after the expiration of
 the applicant's current permit. The issuing officer shall
 notify the commissioner of public safety of the issuance of
 any permit at least monthly and forward to the commissioner an
 amount equal to ten dollars for each permit issued and five
 dollars for each renewal or duplicate permit issued. All
 such fees received by the commissioner shall be paid to the
 treasurer of state and deposited in the operating account
 of the department of public safety to offset the cost of
 administering this chapter. Notwithstanding section 8.33, any
 unspent balance as of June 30 of each year shall not revert to
 the general fund of the state.
    Sec. 14.  Section 724.11, Code 2017, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  5.  An initial or renewal permit shall
 have a uniform appearance, size, and content prescribed and
 published by the commissioner of public safety.  The permit
 shall contain the name of the permittee and the effective date
 of the permit, but shall not contain the permittee's social
 security number. The permit shall also include a designation
 that the permit is invalid when the permittee is intoxicated.
 Such a permit shall not be issued for a particular weapon
 and shall not contain information about a particular weapon
 including the make, model, or serial number of the weapon, or
 any ammunition used in that weapon.
    Sec. 15.  NEW SECTION.  724.14  Nonprofessional permit ====
 change of residence to another county.
    If a permit holder of a nonprofessional permit to carry
 weapons changes residences from one county to another county
 after the issuance of the permit, the department of public
 safety shall by rule specify the procedure to transfer the
 regulation of the holder's permit to another sheriff for the
 purposes of issuing a renewal or duplicate permit, or complying
 with section 724.13.
    Sec. 16.  Section 724.21A, Code 2017, is amended by adding
 the following new subsection:
    NEW SUBSECTION.  8.  If an applicant or permit holder
 appeals the decision by the sheriff or commissioner to deny an
 application, or suspend or revoke a permit to carry weapons
 or a permit to acquire pistols or revolvers, and it is later
 determined the applicant or permit holder is eligible to be
 issued or possess such a permit, the applicant or permit
 holder shall be awarded court costs and reasonable attorney
 fees.  If the decision of the sheriff or commissioner to deny
 the application, or suspend or revoke the permit is upheld on
 appeal, the political subdivision of the state representing the
 sheriff or the commissioner shall be awarded court costs and
 reasonable attorney fees.
                           DIVISION IV
             PERMIT TO ACQUIRE PISTOLS OR REVOLVERS
    Sec. 17.  Section 724.11A, Code 2017, is amended to read as
 follows:
    724.11A  Recognition.
    A valid permit or license issued by another state to any
 nonresident of this state shall be considered to be a valid
 permit or license to carry weapons issued pursuant to this
 chapter, except that such permit or license shall not be
 considered to be a substitute for an annual a permit to acquire
 pistols or revolvers issued pursuant to section 724.15.
    Sec. 18.  Section 724.15, subsection 1, unnumbered paragraph
 1, Code 2017, is amended to read as follows:
    Any person who desires to acquire ownership of any pistol
 or revolver shall first obtain an annual a permit. An annual
  A permit shall be issued upon request to any resident of this
 state unless the person is subject to any of the following:
    Sec. 19.  Section 724.15, subsection 2, unnumbered paragraph
 1, Code 2017, is amended to read as follows:
    Any person who acquires ownership of a pistol or revolver
 shall not be required to obtain an annual a permit if any of the
 following apply:
    Sec. 20.  Section 724.15, subsection 3, Code 2017, is amended
 to read as follows:
    3.  The annual permit to acquire pistols or revolvers shall
 authorize the permit holder to acquire one or more pistols or
 revolvers during the period that the permit remains valid. If
 the issuing officer determines that the applicant has become
 disqualified under the provisions of subsection 1, the issuing
 officer may immediately revoke the permit and shall provide
 a written statement of the reasons for revocation, and the
 applicant shall have the right to appeal the revocation as
 provided in section 724.21A.
    Sec. 21.  Section 724.16, Code 2017, is amended to read as
 follows:
    724.16  Annual permit Permit to acquire required ==== transfer
 prohibited.
    1.  Except as otherwise provided in section 724.15,
 subsection 2, a person who acquires ownership of a pistol or
 revolver without a valid annual permit to acquire pistols or
 revolvers or a person who transfers ownership of a pistol
 or revolver to a person who does not have in the person's
 possession a valid annual permit to acquire pistols or
 revolvers is guilty of an aggravated misdemeanor.
    2.  A person who transfers ownership of a pistol or revolver
 to a person that the transferor knows is prohibited by section
 724.15 from acquiring ownership of a pistol or revolver commits
 a class "D" felony.
    Sec. 22.  Section 724.17, Code 2017, is amended to read as
 follows:
    724.17  Application for annual permit Permit to acquire ====
 criminal history check required.
    1.  The application for an annual a permit to acquire
 pistols or revolvers may be made to the sheriff of the county
 of the applicant's residence and shall be on a form prescribed
 and published by the commissioner of public safety. The
 application shall require only the full name of the applicant,
 the driver's license or nonoperator's identification card
 number of the applicant, the residence of the applicant,
 and the date and place of birth of the applicant. The
 applicant shall also display an identification card that
 bears a distinguishing number assigned to the cardholder, the
 full name, date of birth, sex, residence address, and brief
 description and color photograph of the cardholder, or other
 identification as specified by rule of the department of public
 safety. The sheriff shall conduct a criminal history check
 concerning each applicant by obtaining criminal history data
 from the department of public safety which shall include an
 inquiry of the national instant criminal background check
 system maintained by the federal bureau of investigation or any
 successor agency. A person who makes what the person knows
 to be a false statement of material fact on an application
 submitted under this section or who submits what the person
 knows to be any materially falsified or forged documentation in
 connection with such an application commits a class "D" felony.
    2.  An issuing officer may conduct an annual criminal
 history check concerning a person issued a permit to acquire by
 obtaining criminal history data from the department of public
 safety.
    Sec. 23.  Section 724.18, Code 2017, is amended to read as
 follows:
    724.18  Procedure for making application for annual permit to
 acquire.
    A person may personally request the sheriff to mail an
 application for an annual a permit to acquire pistols or
 revolvers, and the sheriff shall immediately forward to
 such person an application for an annual a permit to acquire
 pistols or revolvers. A person shall upon completion of the
 application personally deliver such application to the sheriff
 who shall note the period of validity on the application and
 shall immediately issue the annual permit to acquire pistols or
 revolvers to the applicant. For the purposes of this section
 the date of application shall be the date on which the sheriff
 received the completed application.
    Sec. 24.  Section 724.19, Code 2017, is amended to read as
 follows:
    724.19  Issuance of annual permit to acquire.
    The annual permit to acquire pistols or revolvers shall be
 issued to the applicant immediately upon completion of the
 application unless the applicant is disqualified under the
 provisions of section 724.15 and.  The permit shall be on a
 form have a uniform appearance, size, and content prescribed
 and published by the commissioner of public safety. The permit
 shall contain the name of the permittee, the residence of the
 permittee, and the effective date of the permit, but shall not
 contain the permittee's social security number.  Such a permit
 shall not be issued for a particular pistol or revolver and
 shall not contain information about a particular pistol or
 revolver including the make, model, or serial number of the
 pistol or revolver, or any ammunition used in that pistol or
 revolver.
    Sec. 25.  Section 724.20, Code 2017, is amended to read as
 follows:
    724.20  Validity of annual permit to acquire pistols or
 revolvers.
    The permit shall be valid throughout the state and shall
 be valid three days after the date of application and shall
 be invalid one year five years after the date of application
  issuance.
    Sec. 26.  Section 724.21A, subsections 1 and 7, Code 2017,
 are amended to read as follows:
    1.  In any case where the sheriff or the commissioner of
 public safety denies an application for or suspends or revokes
 a permit to carry weapons or an annual a permit to acquire
 pistols or revolvers, the sheriff or commissioner shall provide
 a written statement of the reasons for the denial, suspension,
 or revocation and the applicant or permit holder shall have the
 right to appeal the denial, suspension, or revocation to an
 administrative law judge in the department of inspections and
 appeals within thirty days of receiving written notice of the
 denial, suspension, or revocation.
    7.  In any case where the issuing officer denies an
 application for, or suspends or revokes a permit to carry
 weapons or an annual a permit to acquire pistols or revolvers
 solely because of an adverse determination by the national
 instant criminal background check system, the applicant or
 permit holder shall not seek relief under this section but
 may pursue relief of the national instant criminal background
 check system determination pursuant to Pub. L. No. 103=159,
 sections 103(f) and (g) and 104 and 28 C.F.R. {25.10, or other
 applicable law. The outcome of such proceedings shall be
 binding on the issuing officer.
    Sec. 27.  Section 724.21A, Code 2017, is amended by adding
 the following new subsection:
    NEW SUBSECTION.  8.  If an applicant or permit holder
 appeals the decision by the sheriff or commissioner to deny
 an application for or suspend or revoke a permit to carry
 weapons or a permit to acquire pistols or revolvers, and it
 is later determined on appeal the applicant or permit holder
 is eligible to be issued or possess a permit to carry weapons
 or a permit to acquire pistols or revolvers, the applicant
 or permit holder shall be awarded court costs and reasonable
 attorney fees. If the decision of the sheriff or commissioner
 to deny an application for or suspend or revoke a permit to
 carry weapons or a permit to acquire pistols or revolvers is
 upheld on appeal, or the applicant or permit holder withdraws
 or dismisses the appeal, the political subdivision of the state
 representing the sheriff or the state department representing
 the commissioner shall be awarded court costs and reasonable
 attorney fees.
                           DIVISION V
 POSSESSION OF PISTOL OR REVOLVER BY PERSONS UNDER 14 YEARS OF
                               AGE
    Sec. 28.  Section 724.22, subsection 5, Code 2017, is amended
 to read as follows:
    5.  a.  A parent or guardian or spouse who is twenty=one
 years of age or older, of a person fourteen years of age but
 less than under the age of twenty=one may allow the person,
 while under direct supervision, to possess a pistol or revolver
 or the ammunition therefor for any lawful purpose while
 under the direct supervision of the parent or guardian or
 spouse who is twenty=one years of age or older, or while the
 person receives instruction in the proper use thereof from an
 instructor twenty=one years of age or older, with the consent
 of such parent, guardian or spouse.
    b.  As used in this section, "direct supervision" means
 supervision provided by the parent, guardian, spouse, or
 instructor who is twenty=one years of age or older, who
 maintains a physical presence near the supervised person
 conducive to hands=on instruction, who maintains visual and
 verbal contact at all times with the supervised person, and who
 is not intoxicated as provided under the conditions set out
 in section 321J.2, subsection 1, or under the influence of an
 illegal drug.
    Sec. 29.  Section 724.22, Code 2017, is amended by adding the
 following new subsections:
    NEW SUBSECTION.  8.  A parent, guardian, or spouse who is
 twenty=one years of age or older, of a minor under the age of
 fourteen years who allows that minor to possess a pistol or
 revolver or the ammunition pursuant hereto, shall be strictly
 liable to an injured party for all damages resulting from the
 possession of the pistol or revolver or ammunition therefor by
 that minor.
    NEW SUBSECTION.  9.  A parent, guardian, spouse, or
 instructor, who knowingly provides direct supervision under
 subsection 5, of a person while intoxicated as provided
 under the conditions set out in section 321J.2, subsection
 1, or under the influence of an illegal drug, commits child
 endangerment in violation of section 726.6, subsection 1,
 paragraph "i".
    Sec. 30.  Section 726.6, subsection 1, Code 2017, is amended
 by adding the following new paragraph:
    NEW PARAGRAPH.  i.  Knowingly provides direct supervision of
 a person under section 724.22, subsection 5, while intoxicated
 as provided under the conditions set out in section 321J.2,
 subsection 1, or under the influence of an illegal drug.
                           DIVISION VI
         RECORDS KEPT BY COMMISSIONER ==== CONFIDENTIALITY
    Sec. 31.  Section 724.23, Code 2017, is amended to read as
 follows:
    724.23  Records kept by commissioner and issuing officers.
    1.  The commissioner of public safety shall maintain a
 permanent record of all valid permits to carry weapons and of
 current permit revocations.
    2.  a.  Notwithstanding any other law or rule to the
 contrary, the commissioner of public safety and any issuing
 officer shall keep confidential personally identifiable
 information of holders of professional or nonprofessional
 permits to carry weapons and permits to acquire pistols or
 revolvers, including but not limited to the name, social
 security number, date of birth, residential or business
 address, and driver's license or other identification number of
 the applicant or permit holder.
    b.  This subsection shall not prohibit the release
 of statistical information relating to the issuance,
 denial, revocation, or administration of professional or
 nonprofessional permits to carry weapons and permits to
 acquire pistols or revolvers, provided that the release of such
 information does not reveal the identity of any individual
 permit holder.
    c.  This subsection shall not prohibit the release of
 information to a criminal or juvenile justice agency as defined
 in section 692.1 for the performance of any lawfully authorized
 duty or for conducting a lawfully authorized background
 investigation.
    d.  This subsection shall not prohibit the release of
 information relating to the validity of a professional permit
 to carry weapons to an employer who requires an employee or an
 agent of the employer to possess a professional permit to carry
 weapons as part of the duties of the employee or agent.
    e.  Except as provided in paragraphs "b", "c", and "d", the
 release of any confidential information under this section
 shall require a court order or the consent of the person whose
 personally identifiable information is the subject of the
 information request.
                          DIVISION VII
                        STATE PREEMPTION
    Sec. 32.  Section 724.28, Code 2017, is amended to read as
 follows:
    724.28  Prohibition of regulation by political subdivisions.
    1.  As used in this section, "political subdivision of the
 state" means a city, county, or township.
    2.  A political subdivision of the state shall not enact an
 ordinance regulating the ownership, possession, legal transfer,
 lawful transportation, registration, or licensing of firearms
 when the ownership, possession, transfer, or transportation is
 otherwise lawful under the laws of this state. An ordinance
 regulating firearms in violation of this section existing on or
 after April 5, 1990, is void.
    3.  If a political subdivision of the state, prior to, on,
 or after July 1, 2017, adopts, makes, enacts, or amends any
 ordinance, measure, enactment, rule, resolution, motion, or
 policy regulating the ownership, possession, legal transfer,
 lawful transportation, registration, or licensing of firearms
 when the ownership, possession, transfer, transportation,
 registration, or license is otherwise lawful under the laws
 of this state, a person adversely affected by the ordinance,
 measure, enactment, rule, resolution, motion, or policy
 may file suit in the appropriate court for declaratory and
 injunctive relief for damages.
                          DIVISION VIII
      PISTOLS OR REVOLVERS ==== CAPITOL BUILDINGS AND GROUNDS
    Sec. 33.  Section 8A.322, subsection 3, Code 2017, is amended
 to read as follows:
    3.  The director shall establish, publish, and enforce
 rules regulating and restricting the use by the public of the
 capitol buildings and grounds and of the state laboratories
 facility in Ankeny. The rules when established shall be
 posted in conspicuous places about the capitol buildings and
 grounds and the state laboratories facility, as applicable.
 Any person violating any rule, except a parking regulation,
 shall be guilty of a simple misdemeanor. The rules shall
 prohibit a person, other than a peace officer, from openly
 carrying a pistol or revolver in the capitol building and on
 the grounds surrounding the capitol building including state
 parking lots and parking garages.  However, this subsection
 shall not be construed to allow the director to prohibit the
 lawful carrying, transportation, or possession of any pistol or
 revolver in the capitol building and on the grounds surrounding
 the capitol building including state parking lots and parking
 garages by a person who displays to capitol security personnel
 a valid permit to carry weapons upon request.
                           DIVISION IX
                        EMERGENCY POWERS
    Sec. 34.  Section 29C.3, subsection 4, paragraph e, Code
 2017, is amended by striking the paragraph.
    Sec. 35.  Section 29C.6, subsection 16, Code 2017, is amended
 to read as follows:
    16.  Suspend or limit the sale, dispensing, or
 transportation of alcoholic beverages, firearms, explosives,
 and combustibles.
    Sec. 36.  NEW SECTION.  29C.25  Firearms and ammunition ====
 limitations ==== exceptions ==== remedies.
    1.  This chapter shall not be construed to authorize the
 governor or any other official of this state or any of its
 political subdivisions or any agent or person acting at the
 direction of the governor or any such official to do any of the
 following:
    a.  Prohibit, regulate, or curtail the otherwise lawful
 possession, carrying, transportation, or defensive use of
 firearms or ammunition.
    b.  Suspend or revoke, except in accordance with section
 724.13, a permit issued pursuant to section 724.6, 724.7, or
 724.15.
    c.  Seize or confiscate firearms and ammunition possessed in
 accordance with the laws of this state.
    2.  This section shall not prohibit any of the following:
    a.  The temporary closure or limitations on the operating
 hours of businesses that sell firearms or ammunition if the
 same operating restrictions apply to all businesses in the
 affected area.
    b.  The adoption or enforcement of regulations pertaining to
 firearms and ammunition used or carried for official purposes
 by law enforcement officers or persons acting under the
 authority of emergency management agencies or officials.
    3.  a.  A person aggrieved by a violation of this section
 may seek relief in an action at law or in equity or in any
 other proper proceeding for actual damages, injunctive relief,
 or other appropriate redress against a person who commits or
 causes the commission of such violation.
    b.  In addition to any other remedy available at law or
 in equity, a person aggrieved by the seizure or confiscation
 of a firearm or ammunition in violation of this section may
 make application pursuant to section 809.3 for its return in
 the office of the clerk of court for the county in which the
 property was seized.
    c.  In an action or proceeding to enforce this section, the
 court shall award the prevailing plaintiff reasonable court
 costs and attorney fees.
                           DIVISION X
         JUSTIFIABLE USE OF REASONABLE AND DEADLY FORCE
    Sec. 37.  Section 704.1, Code 2017, is amended to read as
 follows:
    704.1  Reasonable force.
    1.  "Reasonable force" is means that force and no more which
 a reasonable person, in like circumstances, would judge to
 be necessary to prevent an injury or loss and can include
 deadly force if it is reasonable to believe that such force is
 necessary to avoid injury or risk to one's life or safety or
 the life or safety of another, or it is reasonable to believe
 that such force is necessary to resist a like force or threat.
 Reasonable force, including deadly force, may be used even if
 an alternative course of action is available if the alternative
 entails a risk to life or safety, or the life or safety of a
 third party, or requires one to abandon or retreat from one's
 dwelling or place of business or employment.
    2.  A person may be wrong in the estimation of the danger or
 the force necessary to repel the danger as long as there is a
 reasonable basis for the belief of the person and the person
 acts reasonably in the response to that belief.
    3.  A person who is not engaged in illegal activity has no
 duty to retreat from any place where the person is lawfully
 present before using force as specified in this chapter.
    Sec. 38.  Section 704.2, Code 2017, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  1A.  "Deadly force" does not include a
 threat to cause serious injury or death, by the production,
 display, or brandishing of a deadly weapon, as long as the
 actions of the person are limited to creating an expectation
 that the person may use deadly force to defend oneself,
 another, or as otherwise authorized by law.
    Sec. 39.  NEW SECTION.  704.2A  Justifiable use of deadly
 force.
    1.  For purposes of this chapter, a person is presumed to
 reasonably believe that deadly force is necessary to avoid
 injury or risk to one's life or safety or the life or safety of
 another in either of the following circumstances:
    a.  The person against whom force is used, at the time the
 force is used, is doing any of the following:
    (1)  Unlawfully entering the dwelling, place of business
 or employment, or occupied vehicle of the person using force
 by force or stealth, or has unlawfully entered by force or
 stealth and remains within the dwelling, place of business or
 employment, or occupied vehicle of the person using force.
    (2)  Unlawfully removing or is attempting to unlawfully
 remove another person against the other person's will from the
 dwelling, place of business or employment, or occupied vehicle
 of the person using force.
    b.  The person using force knows or has reason to believe
 that any of the conditions set forth in paragraph "a" are
 occurring.
    2.  The presumption set forth in subsection 1 does not
 apply if, at the time force is used, any of the following
 circumstances are present:
    a.  The person using defensive force is engaged in a
 criminal offense, is attempting to escape from the scene of a
 criminal offense that the person has committed, or is using the
 dwelling, place of business or employment, or occupied vehicle
 to further a criminal offense.
    b.  The person sought to be removed is a child or grandchild
 or is otherwise in the lawful custody or under the lawful
 guardianship of the person against whom force is used.
    c.  The person against whom force is used is a peace officer
 who has entered or is attempting to enter a dwelling, place
 of business or employment, or occupied vehicle in the lawful
 performance of the peace officer's official duties.
    d.  The person against whom the force is used has the right
 to be in, or is a lawful resident of, the dwelling, place of
 business or employment, or occupied vehicle of the person using
 force, and a protective or no=contact order is not in effect
 against the person against whom the force is used.
    Sec. 40.  NEW SECTION.  704.2B  Use of deadly force ==== duties
 ==== evidence.
    1.  If a person uses deadly force, the person shall notify
 or cause another to notify a law enforcement agency about the
 person's use of deadly force within a reasonable time period
 after the person's use of the deadly force, if the person or
 another person is capable of providing such notification.
    2.  The person using deadly force shall not intentionally
 destroy, alter, conceal, or disguise physical evidence relating
 to the person's use of deadly force, and the person shall not
 intentionally intimidate witnesses into refusing to cooperate
 with any investigation relating to the use of such deadly force
 or induce another person to alter testimony about the use of
 such deadly force.
    Sec. 41.  Section 704.3, Code 2017, is amended to read as
 follows:
    704.3  Defense of self or another.
 A person is justified in the use of reasonable force when
 the person reasonably believes that such force is necessary to
 defend oneself or another from any actual or imminent use of
 unlawful force.
    Sec. 42.  Section 704.7, Code 2017, is amended to read as
 follows:
    704.7  Resisting forcible felony.
    A person who knows reasonably believes that a forcible
 felony is being or will imminently be perpetrated is justified
 in using, against the perpetrator, reasonable force, including
 deadly force, against the perpetrator or perpetrators to
 prevent the completion of or terminate the perpetration of that
 felony.
    Sec. 43.  NEW SECTION.  704.13  Immunity.
    A person who is justified in using reasonable force against
 an aggressor in defense of oneself, another person, or property
 pursuant to section 704.4 is immune from criminal or civil
 liability for all damages incurred by the aggressor pursuant to
 the application of reasonable force.
    Sec. 44.  Section 707.6, Code 2017, is amended to read as
 follows:
    707.6  Civil liability.
    1.  No A person who injures or causes the death of the
 aggressor through application of reasonable force in defense of
 the person's person or property may shall not be held civilly
 liable for such injury or death.
    2.  No A person who injures or causes the death of the
 aggressor through application of reasonable force in defense of
 a second person may shall not be held civilly liable for such
 injury or death.
                           DIVISION XI
          FRAUDULENT PURCHASE OF FIREARMS OR AMMUNITION
    Sec. 45.  NEW SECTION.  724.29A  Fraudulent purchase of
 firearms or ammunition.
    1.  For purposes of this section:
    a.  "Ammunition" means any cartridge, shell, or projectile
 designed for use in a firearm.
    b.  "Licensed firearms dealer" means a person who is licensed
 pursuant to 18 U.S.C. {923 to engage in the business  of dealing
 in firearms.
    c.  "Materially false information" means information that
 portrays an illegal transaction as legal or a legal transaction
 as illegal.
    d.  "Private seller" means a person who sells or offers for
 sale any firearm or ammunition.
    2.  A person who knowingly solicits, persuades, encourages,
 or entices a licensed firearms dealer or private seller of
 firearms or ammunition to transfer a firearm or ammunition
 under circumstances that the person knows would violate the
 laws of this state or of the United States commits a class "D"
 felony.
    3.  A person who knowingly provides materially false
 information to a licensed firearms dealer or private seller of
 firearms or ammunition with the intent to deceive the firearms
 dealer or seller about the legality of a transfer of a firearm
 or ammunition commits a class "D" felony.
    4.  A person who willfully procures another to engage in
 conduct prohibited by this section shall be held accountable
 as a principal.
    5.  This section does not apply to a law enforcement officer
 acting in the officer's official capacity or to a person acting
 under the direction of such law enforcement officer.
                          DIVISION XII
              SNOWMOBILES AND ALL=TERRAIN VEHICLES
    Sec. 46.  Section 321G.13, subsection 2, Code 2017, is
 amended to read as follows:
    2.  a.  A person shall not operate or ride a snowmobile with
 a firearm in the person's possession unless it is unloaded and
 enclosed in a carrying case, except as otherwise provided.
 However, a nonambulatory person may carry an uncased and
 unloaded firearm while operating or riding a snowmobile.
    b.  (1)  A person may operate or ride on a snowmobile with a
 loaded firearm, whether concealed or not, without a permit to
 carry weapons, if the person operates or rides on land owned or
 possessed by the person, and the person's conduct is otherwise
 lawful.
    (2)  If a person is operating or riding on a snowmobile on
 land that is not owned or possessed by the person, the person
 may operate or ride the snowmobile with a loaded firearm pistol
 or revolver, whether concealed or not, if all of the following
 apply:
    (a)  The firearm is a pistol or revolver and is secured in a
 retention holster upon the person.
    (b)  The person has in the person's possession and displays
 to a peace officer on demand a valid permit to carry weapons
 which has been issued to the person.
    (c)  The person's conduct is within the limits of the permit
 to carry weapons and the person's conduct is otherwise lawful.
    c.  A person shall not discharge a firearm while on a
 snowmobile, except that a nonambulatory person may discharge a
 firearm from a snowmobile while lawfully hunting if the person
 is not operating or riding a moving snowmobile.
    Sec. 47.  Section 321I.14, subsection 2, Code 2017, is
 amended to read as follows:
    2.  a.  A person shall not operate or ride an all=terrain
 vehicle with a firearm in the person's possession unless it is
 unloaded and enclosed in a carrying case, except as otherwise
 provided. However, a nonambulatory person may carry an uncased
 and unloaded firearm while operating or riding an all=terrain
 vehicle.
    b.  (1)  A person may operate or ride on an all=terrain
 vehicle with a loaded firearm, whether concealed or not,
 without a permit to carry weapons, if the person operates
 or rides on land owned or possessed by the person, and the
 person's conduct is otherwise lawful.
    (2)  If a person is operating or riding on an all=terrain
 vehicle on land that is not owned or possessed by the person,
 the person may operate or ride the all=terrain vehicle with a
 loaded firearm pistol or revolver, whether concealed or not,
 if all of the following apply:
    (a)  The firearm is a pistol or revolver and is secured in a
 retention holster upon the person.
    (b)  The person has in the person's possession and displays
 to a peace officer on demand a valid permit to carry weapons
 which has been issued to the person.
    (c)  The person's conduct is within the limits of the permit
 to carry weapons and the person's conduct is otherwise lawful.
    c.  A person shall not discharge a firearm while on an
 all=terrain vehicle, except that a nonambulatory person may
 discharge a firearm from an all=terrain vehicle while lawfully
 hunting if the person is not operating or riding a moving
 all=terrain vehicle.
                          DIVISION XIII
               TARGET SHOOTING ==== PRIVATE PREMISES
    Sec. 48.  Section 481A.123, Code 2017, is amended by adding
 the following new subsection:
    NEW SUBSECTION.  7.  Subject to subsection 1, an owner or
 tenant of private premises located in the unincorporated area
 of a county, or a person to whom the owner or tenant has given
 consent, may discharge a firearm for the purpose of target
 shooting on those private premises.  The use of such private
 premises for target shooting shall not be found to be in
 violation of a noise ordinance or declared a public or private
 nuisance or be otherwise prohibited under state or local
 law.  As used in this subsection, "target shooting" means the
 discharge of a firearm at an inanimate object, for amusement or
 as a test of skill in marksmanship.
                          DIVISION XIV
                   INITIAL APPEARANCE ==== BAIL
    Sec. 49.  Section 804.21, subsection 5, paragraph b,
 subparagraph (1), Code 2017, is amended to read as follows:
    (1)  The person was arrested for a crime other than a
 violation of section 708.6, section 724.26, subsection 1, or
 a forcible felony, and
                           DIVISION XV
           EFFECTIVE DATE AND APPLICABILITY PROVISIONS
    Sec. 50.  EFFECTIVE UPON ENACTMENT.  The following
 provision or provisions of this Act, being deemed of immediate
 importance, take effect upon enactment:
    1.  The section of this Act amending section 724.22.
    2.  The section of this Act amending section 724.23.
    3.  The applicability section of this division of this Act
 related to amending section 724.23.
    Sec. 51.  APPLICABILITY ==== RECORDS KEPT BY COMMISSIONER ====
 CONFIDENTIALITY.  The section of this Act amending section
 724.23 applies to holders of nonprofessional permits to
 carry weapons and permits to acquire pistols or revolvers and
 to applicants for nonprofessional permits to carry weapons
 and permits to acquire pistols or revolvers on or after the
 effective date of that section of this Act.


                                                             
                               LINDA UPMEYER
                               Speaker of the House


                                                             
                               JACK WHITVER
                               President of the Senate
    I hereby certify that this bill originated in the House and
 is known as House File 517, Eighty=seventh General Assembly.


                                                             
                               CARMINE BOAL
                               Chief Clerk of the House
 Approved                , 2017


                                                             
                               TERRY E. BRANSTAD
                               Governor

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