Bill Text: IA HF756 | 2021-2022 | 89th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to the acquisition and possession of weapons and providing penalties. (Formerly HSB 254.) Effective date: 07/01/2021.

Spectrum: Committee Bill

Status: (Passed) 2021-04-02 - Signed by Governor. H.J. 884. [HF756 Detail]

Download: Iowa-2021-HF756-Amended.html

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House File 756 - Reprinted
HOUSE FILE 756
BY COMMITTEE ON PUBLIC SAFETY
(SUCCESSOR TO HSB 254)
(As Amended and Passed by the House March 17, 2021 )
A BILL FOR
An Act relating to the acquisition and possession of weapons
and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
ACQUIRING PISTOLS AND REVOLVERS
Section 1. Section 724.11A, Code 2021, 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 a permit to acquire pistols
or revolvers issued pursuant to section 724.15 deemed to
satisfy the requirements of section 724.15 .
Sec. 2. Section 724.15, Code 2021, is amended by striking
the section and inserting in lieu thereof the following:
724.15 Acquiring pistols or revolvers.
1. It is the intent of this section to satisfy federal
requirements of 18 U.S.C. §922(t)(3) in order to acquire
pistols or revolvers. In order to acquire a pistol or revolver
from a federally licensed firearms dealer, an unlicensed person
is required to have a valid permit to acquire or a valid permit
to carry weapons issued in accordance with this chapter or the
person must complete a satisfactory national instant criminal
background check pursuant to 18 U.S.C. §922(t).
2. A person shall not acquire a pistol or revolver if the
person is any of the following:
a. Under twenty-one years of age except for those persons
included in section 724.22, subsection 4, who acquire a pistol
or revolver when the person’s duty so requires.
b. Prohibited by section 724.26 or federal law from
possessing, shipping, transporting, or receiving a firearm.
c. Prohibited by court order from possessing, shipping,
transporting, or receiving a firearm.
d. Ineligible to possess dangerous weapons pursuant to
section 724.8B.
e. Intoxicated as provided under the conditions set out in
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section 321J.2, subsection 1.
3. An issuing officer who finds that a person issued a
permit to acquire pistols or revolvers under this chapter
has been arrested for a disqualifying offense or who is
the subject of proceedings that could lead to the person’s
ineligibility for such permit, may immediately suspend such
permit. An issuing officer proceeding under this subsection
shall immediately notify the permit holder of the suspension
by personal service or certified mail on a form prescribed
and published by the commissioner of public safety and the
suspension shall become effective upon the permit holder’s
receipt of such notice. If the suspension is based on an
arrest or a proceeding that does not result in a disqualifying
conviction or finding against the permit holder, the issuing
officer shall immediately reinstate the permit upon receipt
of proof of the matter’s final disposition. If the arrest
leads to a disqualifying conviction or the proceedings to a
disqualifying finding, the issuing officer shall revoke the
permit. The issuing officer may also revoke the permit of a
person whom the issuing officer later finds was not qualified
for such a permit at the time of issuance or whom the officer
finds provided materially false information on the permit
application. A person aggrieved by a suspension or revocation
under this subsection may seek review of the decision pursuant
to section 724.21A.
Sec. 3. Section 724.16, Code 2021, is amended by striking
the section and inserting in lieu thereof the following:
724.16 Prohibited transfers of firearms.
1. A person shall not transfer a firearm to another person
if the person knows or reasonably should know that the other
person is ineligible to possess dangerous weapons pursuant to
section 724.8B, is intoxicated as provided under the conditions
set out in section 321J.2, subsection 1, or is prohibited from
receiving or possessing a firearm under section 724.26 or
federal law.
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2. A person shall not loan or rent a firearm to another
person for temporary use during lawful activities if the
person knows or reasonably should know that the other person
is ineligible to possess dangerous weapons pursuant to section
724.8B, is intoxicated as provided under the conditions set
out in section 321J.2, subsection 1, or is prohibited from
receiving or possessing a firearm under section 724.26 or
federal law.
3. A person who transfers, loans, or rents a firearm in
violation of this section commits a class “D” felony.
Sec. 4. Section 724.27, Code 2021, is amended to read as
follows:
724.27 Offenders’ rights restored.
1. The provisions of section 724.8 , section 724.15,
subsection 1 2 , and section 724.26 shall not apply to a person
who is eligible to have the person’s civil rights regarding
firearms restored under section 914.7 if any of the following
occur:
a. The person is pardoned by the President of the United
States or the chief executive of a state for a disqualifying
conviction.
b. The person’s civil rights have been restored after a
disqualifying conviction, commitment, or adjudication.
c. The person’s conviction for a disqualifying offense has
been expunged.
2. Subsection 1 shall not apply to a person whose pardon,
restoration of civil rights, or expungement of conviction
expressly forbids the person to receive, transport, or possess
firearms or destructive devices and a person not eligible to
have the person’s civil rights restored under section 914.7 .
Sec. 5. NEW SECTION . 724.31A Identifying information ——
background checks.
1. When a court issues an order or judgment by which a
person is prohibited from acquiring a pistol or revolver under
section 724.15, subsection 2, paragraph “d” , the clerk of
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the district court shall forward only such information as is
necessary to identify the person to the department of public
safety, which in turn shall forward the information to the
federal bureau of investigation or its successor agency for
the sole purpose of inclusion in the national instant criminal
background check system database. The clerk of the district
court shall also notify the person of the prohibitions imposed
under this section.
2. The department of public safety shall, as soon as
is practicable after receiving a written request from the
person prohibited from acquiring a pistol or revolver under
section 724.15, subsection 2, paragraph “d” , update, correct,
modify, or remove the person’s record in any database that the
department of public safety makes available to the national
instant criminal background check system and shall notify the
United States department of justice that the basis for such
record being made available no longer applies.
DIVISION II
CARRYING AND POSSESSING WEAPONS —— SCHOOL GROUNDS —— EMERGENCY
MEDICAL CARE PROVIDERS
Sec. 6. Section 8A.322, subsection 3, Code 2021, 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
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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 any person who displays to capitol
security personnel a valid permit to carry weapons upon request
regardless of whether the person has a valid permit to carry
weapons .
Sec. 7. 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 dangerous weapon
in the commission of a crime .
Sec. 8. 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, 724.4B, 724.6 , and 724.11 , “peace
officer” includes a reserve peace officer as defined in section
80D.1A .
Sec. 9. Section 724.4, Code 2021, is amended by striking the
section and inserting in lieu thereof the following:
724.4 Use of a dangerous weapon in the commission of a crime.
A person who goes armed with a dangerous weapon on or about
the person, and who uses the dangerous weapon in the commission
of a crime, commits an aggravated misdemeanor, except as
provided in section 708.8.
Sec. 10. Section 724.4B, Code 2021, is amended by striking
the section and inserting in lieu thereof the following:
724.4B Carrying firearms on school grounds —— penalty ——
exceptions.
1. A person who goes armed with, carries, or transports a
firearm of any kind, whether concealed or not, on the grounds
of a school commits a class “D” felony. For the purposes of
this section, “school” means a public or nonpublic school as
defined in section 280.2.
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2. Subsection 1 does not apply to the following:
a. A person who has been specifically authorized by the
school to go armed with, carry, or transport a firearm on the
school grounds for any lawful purpose.
b. A peace officer including a peace officer who has
not been certified and a federal officer when the officer’s
employment requires going armed, whether or not the peace
officer or federal officer is acting in the performance of
official duties.
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 firearm is carried in connection with the
person’s duties as such.
d. A correctional officer, when the officer’s duties require
the officer to carry a firearm, 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 firearm 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, revolver, or other firearm
in a vehicle or common carrier inside a closed and fastened
container or securely wrapped package that is too large to be
concealed on the person or carries or transports an unloaded
pistol, revolver, or other firearm 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 a firearm 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.
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(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.
h. 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. 11. NEW SECTION . 724.4D Carrying of dangerous weapons
—— duty to cooperate —— reasonable suspicion.
A person carrying a dangerous weapon whose behavior creates
a reasonable suspicion that the person presents a danger to the
person’s self or others shall cooperate with an investigating
officer.
Sec. 12. NEW SECTION . 724.4E Possession of dangerous
weapons and loaded firearms by minors.
1. A minor who goes armed with a dangerous weapon concealed
on or about the person commits a serious misdemeanor.
2. A minor who carries, transports, or possesses a loaded
firearm of any kind within the limits of a city or knowingly
carries or transports a pistol or revolver in a vehicle commits
a serious misdemeanor.
3. A minor who goes armed with a dangerous weapon that
directs an electric current impulse, wave, or beam that
produces a high-voltage pulse designed to immobilize a person,
whether concealed or not, commits a simple misdemeanor.
Sec. 13. 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 otherwise lawful unlicensed
carrying or transport, whether openly or concealed, of a
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dangerous weapon, including a loaded firearm.
Sec. 14. Section 724.6, subsection 1, paragraph a, Code
2021, is amended to read as follows:
a. (1) 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.
(2) A person may be issued a permit to carry weapons
if the person is an emergency medical care provider who is
designated and attached to a law enforcement tactical team by
the authorities having jurisdiction. A person issued a permit
to carry weapons under this paragraph shall train with the law
enforcement tactical team the person is designated and attached
to, complete a prescribed firearm safety training course
offered pursuant to section 724.9, subsection 1, paragraph
“e” , complete any additional training as prescribed by the
authorities having jurisdiction, and not be disqualified under
section 724.8.
Sec. 15. Section 724.6, subsection 2, Code 2021, is amended
to read as follows:
2. Notwithstanding subsection 1 , fire fighters, as defined
in section 411.1, subsection 10 , airport fire fighters included
under section 97B.49B , and emergency medical care providers ,
as defined in section 147A.1 other than emergency medical
care providers specified in subsection 1, paragraph “a” ,
subparagraph (2) , shall not, as a condition of employment,
be required to obtain a permit under this section . However,
the provisions of this subsection shall not apply to a person
designated as an arson investigator by the chief fire officer
of a political subdivision.
Sec. 16. Section 724.6, Code 2021, is amended by adding the
following new subsection:
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NEW SUBSECTION . 3. For purposes of this section, “emergency
medical care provider” means the same as defined in section
147A.1.
Sec. 17. NEW SECTION . 724.8B Persons ineligible to carry
dangerous weapons.
A person determined to be ineligible to receive a permit
to carry weapons under section 724.8, subsection 2, 3, 4, 5,
or 6, a person who illegally possesses a controlled substance
included in chapter 124, subchapter II, or a person who is
committing an indictable offense is prohibited from carrying
dangerous weapons. Unless otherwise provided by law, a person
who violates this section commits a serious misdemeanor.
Sec. 18. Section 724.31, subsection 1, Code 2021, is amended
to read as follows:
1. When a court issues an order or judgment under the
laws of this state by which a person becomes subject to the
provisions of 18 U.S.C. §922(d)(4) and (g)(4), the clerk of
the district court shall forward only such information as is
necessary to identify the person to the department of public
safety, which in turn shall enter the information on the Iowa
on-line warrants and articles criminal justice information
network and forward the information to the federal bureau of
investigation or its successor agency for the sole purpose of
inclusion in the national instant criminal background check
system database. The clerk of the district court shall also
notify the person of the prohibitions imposed under 18 U.S.C.
§922(d)(4) and (g)(4).
DIVISION III
HANDGUN SAFETY TRAINING
Sec. 19. Section 724.9, subsection 1, paragraphs a and b,
Code 2021, are amended to read as follows:
a. Completion of any national rifle association handgun
safety training course or a handgun safety training course
offered by an instructor certified by an organization approved
by the department of public safety pursuant to section 724.9A .
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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 an organization approved by the department of
public safety pursuant to section 724.9A or another state’s
department of public safety, state police department, or
similar certifying body.
Sec. 20. NEW SECTION . 724.9A Approval of organizations that
may certify handgun safety training instructors.
The department of public safety shall adopt rules to approve
organizations that may certify individuals as handgun safety
training instructors eligible to offer a handgun safety
training course under section 724.9, subsection 1, paragraphs
“a” and “b” .
DIVISION IV
FIREARM REGULATION BY POLITICAL SUBDIVISIONS
Sec. 21. Section 724.28, subsections 2 and 3, Code 2021, are
amended to read as follows:
2. A political subdivision of the state shall not enact an
ordinance, motion, resolution, policy, or amendment regulating
the ownership, possession, carrying, legal transfer, lawful
transportation, modification, registration, or licensing of
firearms, firearms attachments, or other weapons when the
ownership, possession, carrying, transfer, transportation, or
modification is otherwise lawful under the laws of this state.
An ordinance regulating firearms, firearms attachments, or
other weapons 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, 2020, adopts, makes, enacts, or amends any
ordinance, measure, enactment, rule, resolution, motion, or
policy regulating the ownership, possession, carrying, legal
transfer, lawful transportation, modification, registration,
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or licensing of firearms, firearms attachments, or other
weapons when the ownership, possession, carrying, transfer,
transportation, modification, registration, or licensing
of firearms, firearms attachments, or other weapons 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 and all damages
attributable to the violation. A court shall also award the
prevailing party in any such lawsuit reasonable attorney fees
and court costs.
DIVISION V
POSSESSION AND STORAGE OF A FIREARM BY A TENANT
Sec. 22. Section 562A.11, Code 2021, is amended to read as
follows:
562A.11 Prohibited provisions in rental agreements.
1. A rental agreement shall not provide that the tenant or
landlord does any of the following :
a. Agrees to waive or to forego rights or remedies under
this chapter provided that this restriction shall not apply to
rental agreements covering single family residences on land
assessed as agricultural land and located in an unincorporated
area ; .
b. Authorizes a person to confess judgment on a claim
arising out of the rental agreement ; .
c. Agrees to pay the other party’s attorney fees ; or .
d. Agrees to the exculpation or limitation of any liability
of the other party arising under law or to indemnify the other
party for that liability or the associated costs connected
therewith .
1A. If the landlord receives rental assistance payments
under a rental assistance agreement administered by the
United States department of agriculture under the multifamily
housing rental assistance program under Tit. V of the federal
Housing Act of 1949, Pub. L. No. 81-171, or receives housing
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assistance payments under a housing assistance payment contract
administered by the United States department of housing and
urban development under the housing choice voucher program,
the new construction program, the substantial rehabilitation
program, or the moderate rehabilitation program under section 8
of the United States Housing Act of 1937, Pub. L. No. 75-412, a
rental agreement shall not contain a provision or impose a rule
that requires a person to agree, as a condition of tenancy, to
a prohibition or restriction on the lawful ownership, use, or
possession of a firearm, a firearm component, or ammunition
within the tenant’s specific rental unit. A landlord may
impose reasonable restrictions related to the possession,
use, or transportation of a firearm, a firearm component, or
ammunition within common areas as long as those restrictions do
not circumvent the purpose of this subsection. A tenant shall
exercise reasonable care in the storage of a firearm, a firearm
component, or ammunition. This subsection does not apply to
any prohibition or restriction that is required by federal or
state law, rule, or regulation.
2. A provision prohibited by subsection 1 this section
included in a rental agreement is unenforceable. If a landlord
willfully uses a rental agreement containing provisions known
by the landlord to be prohibited, a tenant may recover actual
damages sustained by the tenant and not more than three months’
periodic rent and reasonable attorney fees.
Sec. 23. Section 562A.16, Code 2021, is amended by adding
the following new subsection:
NEW SUBSECTION . 3. Except in cases of willful, reckless, or
gross negligence, a landlord is not liable in a civil action
for personal injury, death, property damage, or other damages
resulting from or arising out of an occurrence involving a
firearm, a firearm component, or ammunition that the landlord
is required to allow on the property under section 562A.11.
Sec. 24. Section 562A.27A, subsection 2, paragraph b, Code
2021, is amended to read as follows:
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b. Illegal use of a firearm or other weapon, the threat to
use a firearm or other weapon illegally, or possession of an
illegal firearm. The mere possession or storage of a firearm
by a tenant in the dwelling unit that the tenant rents does not
constitute a clear and present danger.
Sec. 25. Section 562B.11, Code 2021, is amended by adding
the following new subsection:
NEW SUBSECTION . 1A. If the landlord receives rental
assistance payments under a rental assistance agreement
administered by the United States department of agriculture
under the multifamily housing rental assistance program
under Tit. V of the federal Housing Act of 1949, Pub. L.
No. 81-171, or receives housing assistance payments under a
housing assistance payment contract administered by the United
States department of housing and urban development under the
housing choice voucher program, the new construction program,
the substantial rehabilitation program, or the moderate
rehabilitation program under section 8 of the United States
Housing Act of 1937, Pub. L. No. 75-412, a rental agreement
shall not contain a provision or impose a rule that requires a
person to agree, as a condition of tenancy, to a prohibition or
restriction on the lawful ownership, use, or possession of a
firearm, a firearm component, or ammunition within the tenant’s
specific rental unit. A landlord may impose reasonable
restrictions related to the possession, use, or transportation
of a firearm, a firearm component, or ammunition within common
areas as long as those restrictions do not circumvent the
purpose of this subsection. A tenant shall exercise reasonable
care in the storage of a firearm, a firearm component, or
ammunition. This subsection does not apply to any prohibition
or restriction that is required by federal or state law, rule,
or regulation.
Sec. 26. Section 562B.11, subsection 2, Code 2021, is
amended to read as follows:
2. A provision prohibited by subsection 1 this section
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included in a rental agreement is unenforceable. If a landlord
or tenant knowingly uses a rental agreement containing
provisions known to be prohibited by this chapter , the other
party may recover actual damages sustained.
Sec. 27. Section 562B.17, Code 2021, is amended by adding
the following new subsection:
NEW SUBSECTION . 3. Except in cases of willful, reckless, or
gross negligence, a landlord is not liable in a civil action
for personal injury, death, property damage, or other damages
resulting from or arising out of an occurrence involving a
firearm, a firearm component, or ammunition that the landlord
is required to allow on the property under section 562B.11.
Sec. 28. Section 562B.25A, subsection 2, paragraph b, Code
2021, is amended to read as follows:
b. Illegal use of a firearm or other weapon, the threat to
use a firearm or other weapon illegally, or possession of an
illegal firearm. The mere possession or storage of a firearm
by a tenant in the tenant’s dwelling unit does not constitute a
clear and present danger.
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