Iowa-2021-HF756-Amended

H.F. 756 DIVISION I 1 ACQUIRING PISTOLS AND REVOLVERS 2 Section 1. Section 724.11A, Code 2021, is amended to read 3 as follows: 4 724.11A Recognition. 5 A valid permit or license issued by another state to any 6 nonresident of this state shall be considered to be a valid 7 permit or license to carry weapons issued pursuant to this 8 chapter , except that such permit or license shall not be 9 considered to be a substitute for a permit to acquire pistols 10 or revolvers issued pursuant to section 724.15 deemed to 11 satisfy the requirements of section 724.15 . 12 Sec. 2. Section 724.15, Code 2021, is amended by striking 13 the section and inserting in lieu thereof the following: 14 724.15 Acquiring pistols or revolvers. 15 1. It is the intent of this section to satisfy federal 16 requirements of 18 U.S.C. §922(t)(3) in order to acquire 17 pistols or revolvers. In order to acquire a pistol or revolver 18 from a federally licensed firearms dealer, an unlicensed person 19 is required to have a valid permit to acquire or a valid permit 20 to carry weapons issued in accordance with this chapter or the 21 person must complete a satisfactory national instant criminal 22 background check pursuant to 18 U.S.C. §922(t). 23 2. A person shall not acquire a pistol or revolver if the 24 person is any of the following: 25 a. Under twenty-one years of age except for those persons 26 included in section 724.22, subsection 4, who acquire a pistol 27 or revolver when the person’s duty so requires. 28 b. Prohibited by section 724.26 or federal law from 29 possessing, shipping, transporting, or receiving a firearm. 30 c. Prohibited by court order from possessing, shipping, 31 transporting, or receiving a firearm. 32 d. Ineligible to possess dangerous weapons pursuant to 33 section 724.8B. 34 e. Intoxicated as provided under the conditions set out in 35 -1- HF 756 (3) 89 js/rh/md 1/ 14

H.F. 756 section 321J.2, subsection 1. 1 3. An issuing officer who finds that a person issued a 2 permit to acquire pistols or revolvers under this chapter 3 has been arrested for a disqualifying offense or who is 4 the subject of proceedings that could lead to the person’s 5 ineligibility for such permit, may immediately suspend such 6 permit. An issuing officer proceeding under this subsection 7 shall immediately notify the permit holder of the suspension 8 by personal service or certified mail on a form prescribed 9 and published by the commissioner of public safety and the 10 suspension shall become effective upon the permit holder’s 11 receipt of such notice. If the suspension is based on an 12 arrest or a proceeding that does not result in a disqualifying 13 conviction or finding against the permit holder, the issuing 14 officer shall immediately reinstate the permit upon receipt 15 of proof of the matter’s final disposition. If the arrest 16 leads to a disqualifying conviction or the proceedings to a 17 disqualifying finding, the issuing officer shall revoke the 18 permit. The issuing officer may also revoke the permit of a 19 person whom the issuing officer later finds was not qualified 20 for such a permit at the time of issuance or whom the officer 21 finds provided materially false information on the permit 22 application. A person aggrieved by a suspension or revocation 23 under this subsection may seek review of the decision pursuant 24 to section 724.21A. 25 Sec. 3. Section 724.16, Code 2021, is amended by striking 26 the section and inserting in lieu thereof the following: 27 724.16 Prohibited transfers of firearms. 28 1. A person shall not transfer a firearm to another person 29 if the person knows or reasonably should know that the other 30 person is ineligible to possess dangerous weapons pursuant to 31 section 724.8B, is intoxicated as provided under the conditions 32 set out in section 321J.2, subsection 1, or is prohibited from 33 receiving or possessing a firearm under section 724.26 or 34 federal law. 35 -2- HF 756 (3) 89 js/rh/md 2/ 14

H.F. 756 2. A person shall not loan or rent a firearm to another 1 person for temporary use during lawful activities if the 2 person knows or reasonably should know that the other person 3 is ineligible to possess dangerous weapons pursuant to section 4 724.8B, is intoxicated as provided under the conditions set 5 out in section 321J.2, subsection 1, or is prohibited from 6 receiving or possessing a firearm under section 724.26 or 7 federal law. 8 3. A person who transfers, loans, or rents a firearm in 9 violation of this section commits a class “D” felony. 10 Sec. 4. Section 724.27, Code 2021, is amended to read as 11 follows: 12 724.27 Offenders’ rights restored. 13 1. The provisions of section 724.8 , section 724.15, 14 subsection 1 2 , and section 724.26 shall not apply to a person 15 who is eligible to have the person’s civil rights regarding 16 firearms restored under section 914.7 if any of the following 17 occur: 18 a. The person is pardoned by the President of the United 19 States or the chief executive of a state for a disqualifying 20 conviction. 21 b. The person’s civil rights have been restored after a 22 disqualifying conviction, commitment, or adjudication. 23 c. The person’s conviction for a disqualifying offense has 24 been expunged. 25 2. Subsection 1 shall not apply to a person whose pardon, 26 restoration of civil rights, or expungement of conviction 27 expressly forbids the person to receive, transport, or possess 28 firearms or destructive devices and a person not eligible to 29 have the person’s civil rights restored under section 914.7 . 30 Sec. 5. NEW SECTION . 724.31A Identifying information —— 31 background checks. 32 1. When a court issues an order or judgment by which a 33 person is prohibited from acquiring a pistol or revolver under 34 section 724.15, subsection 2, paragraph “d” , the clerk of 35 -3- HF 756 (3) 89 js/rh/md 3/ 14

H.F. 756 the district court shall forward only such information as is 1 necessary to identify the person to the department of public 2 safety, which in turn shall forward the information to the 3 federal bureau of investigation or its successor agency for 4 the sole purpose of inclusion in the national instant criminal 5 background check system database. The clerk of the district 6 court shall also notify the person of the prohibitions imposed 7 under this section. 8 2. The department of public safety shall, as soon as 9 is practicable after receiving a written request from the 10 person prohibited from acquiring a pistol or revolver under 11 section 724.15, subsection 2, paragraph “d” , update, correct, 12 modify, or remove the person’s record in any database that the 13 department of public safety makes available to the national 14 instant criminal background check system and shall notify the 15 United States department of justice that the basis for such 16 record being made available no longer applies. 17 DIVISION II 18 CARRYING AND POSSESSING WEAPONS —— SCHOOL GROUNDS —— EMERGENCY 19 MEDICAL CARE PROVIDERS 20 Sec. 6. Section 8A.322, subsection 3, Code 2021, is amended 21 to read as follows: 22 3. The director shall establish, publish, and enforce 23 rules regulating and restricting the use by the public of the 24 capitol buildings and grounds and of the state laboratories 25 facility in Ankeny. The rules when established shall be 26 posted in conspicuous places about the capitol buildings and 27 grounds and the state laboratories facility, as applicable. 28 Any person violating any rule, except a parking regulation, 29 shall be guilty of a simple misdemeanor. The rules shall 30 prohibit a person, other than a peace officer, from openly 31 carrying a pistol or revolver in the capitol building and on 32 the grounds surrounding the capitol building including state 33 parking lots and parking garages. However, this subsection 34 shall not be construed to allow the director to prohibit 35 -4- HF 756 (3) 89 js/rh/md 4/ 14

H.F. 756 the lawful carrying, transportation, or possession of any 1 pistol or revolver in the capitol building and on the grounds 2 surrounding the capitol building including state parking lots 3 and parking garages by a any person who displays to capitol 4 security personnel a valid permit to carry weapons upon request 5 regardless of whether the person has a valid permit to carry 6 weapons . 7 Sec. 7. Section 232.52, subsection 2, paragraph a, 8 subparagraph (4), subparagraph division (a), subparagraph 9 subdivision (viii), Code 2021, is amended to read as follows: 10 (viii) Section 724.4 , if the child used the dangerous weapon 11 in the commission of a crime . 12 Sec. 8. Section 724.2A, Code 2021, is amended to read as 13 follows: 14 724.2A Peace officer —— defined —— reserved peace officer 15 included. 16 As used in sections 724.4, 724.4B, 724.6 , and 724.11 , “peace 17 officer” includes a reserve peace officer as defined in section 18 80D.1A . 19 Sec. 9. Section 724.4, Code 2021, is amended by striking the 20 section and inserting in lieu thereof the following: 21 724.4 Use of a dangerous weapon in the commission of a crime. 22 A person who goes armed with a dangerous weapon on or about 23 the person, and who uses the dangerous weapon in the commission 24 of a crime, commits an aggravated misdemeanor, except as 25 provided in section 708.8. 26 Sec. 10. Section 724.4B, Code 2021, is amended by striking 27 the section and inserting in lieu thereof the following: 28 724.4B Carrying firearms on school grounds —— penalty —— 29 exceptions. 30 1. A person who goes armed with, carries, or transports a 31 firearm of any kind, whether concealed or not, on the grounds 32 of a school commits a class “D” felony. For the purposes of 33 this section, “school” means a public or nonpublic school as 34 defined in section 280.2. 35 -5- HF 756 (3) 89 js/rh/md 5/ 14

H.F. 756 2. Subsection 1 does not apply to the following: 1 a. A person who has been specifically authorized by the 2 school to go armed with, carry, or transport a firearm on the 3 school grounds for any lawful purpose. 4 b. A peace officer including a peace officer who has 5 not been certified and a federal officer when the officer’s 6 employment requires going armed, whether or not the peace 7 officer or federal officer is acting in the performance of 8 official duties. 9 c. A member of the armed forces of the United States or 10 of the national guard or person in the service of the United 11 States, when the firearm is carried in connection with the 12 person’s duties as such. 13 d. A correctional officer, when the officer’s duties require 14 the officer to carry a firearm, serving under the authority of 15 the Iowa department of corrections. 16 e. A person who for any lawful purpose carries an unloaded 17 pistol, revolver, or other firearm inside a closed and fastened 18 container or securely wrapped package that is too large to be 19 concealed on the person. 20 f. A person who for any lawful purpose carries or 21 transports an unloaded pistol, revolver, or other firearm 22 in a vehicle or common carrier inside a closed and fastened 23 container or securely wrapped package that is too large to be 24 concealed on the person or carries or transports an unloaded 25 pistol, revolver, or other firearm inside a cargo or luggage 26 compartment where the pistol or revolver will not be readily 27 accessible to any person riding in the vehicle or common 28 carrier. 29 g. A law enforcement officer from another state when the 30 officer’s duties require the officer to carry a firearm and the 31 officer is in this state for any of the following reasons: 32 (1) The extradition or other lawful removal of a prisoner 33 from this state. 34 (2) Pursuit of a suspect in compliance with chapter 806. 35 -6- HF 756 (3) 89 js/rh/md 6/ 14

H.F. 756 (3) Activities in the capacity of a law enforcement officer 1 with the knowledge and consent of the chief of police of the 2 city or the sheriff of the county in which the activities occur 3 or of the commissioner of public safety. 4 h. A licensee under chapter 80A or an employee of such 5 a licensee, while the licensee or employee is engaged in 6 the performance of duties, and if the licensee or employee 7 possesses a valid professional or nonprofessional permit to 8 carry weapons issued pursuant to this chapter. 9 Sec. 11. NEW SECTION . 724.4D Carrying of dangerous weapons 10 —— duty to cooperate —— reasonable suspicion. 11 A person carrying a dangerous weapon whose behavior creates 12 a reasonable suspicion that the person presents a danger to the 13 person’s self or others shall cooperate with an investigating 14 officer. 15 Sec. 12. NEW SECTION . 724.4E Possession of dangerous 16 weapons and loaded firearms by minors. 17 1. A minor who goes armed with a dangerous weapon concealed 18 on or about the person commits a serious misdemeanor. 19 2. A minor who carries, transports, or possesses a loaded 20 firearm of any kind within the limits of a city or knowingly 21 carries or transports a pistol or revolver in a vehicle commits 22 a serious misdemeanor. 23 3. A minor who goes armed with a dangerous weapon that 24 directs an electric current impulse, wave, or beam that 25 produces a high-voltage pulse designed to immobilize a person, 26 whether concealed or not, commits a simple misdemeanor. 27 Sec. 13. Section 724.5, Code 2021, is amended by striking 28 the section and inserting in lieu thereof the following: 29 724.5 Availability of permit not to be construed as 30 prohibition on unlicensed carrying of weapons. 31 The availability of a professional or nonprofessional permit 32 to carry weapons under this chapter shall not be construed to 33 impose a general prohibition on the otherwise lawful unlicensed 34 carrying or transport, whether openly or concealed, of a 35 -7- HF 756 (3) 89 js/rh/md 7/ 14

H.F. 756 dangerous weapon, including a loaded firearm. 1 Sec. 14. Section 724.6, subsection 1, paragraph a, Code 2 2021, is amended to read as follows: 3 a. (1) A person may be issued a permit to carry weapons 4 when the person’s employment in a private investigation 5 business or private security business licensed under chapter 6 80A , or a person’s employment as a peace officer, correctional 7 officer, security guard, bank messenger or other person 8 transporting property of a value requiring security, or in 9 police work, reasonably justifies that person going armed. 10 (2) A person may be issued a permit to carry weapons 11 if the person is an emergency medical care provider who is 12 designated and attached to a law enforcement tactical team by 13 the authorities having jurisdiction. A person issued a permit 14 to carry weapons under this paragraph shall train with the law 15 enforcement tactical team the person is designated and attached 16 to, complete a prescribed firearm safety training course 17 offered pursuant to section 724.9, subsection 1, paragraph 18 “e” , complete any additional training as prescribed by the 19 authorities having jurisdiction, and not be disqualified under 20 section 724.8. 21 Sec. 15. Section 724.6, subsection 2, Code 2021, is amended 22 to read as follows: 23 2. Notwithstanding subsection 1 , fire fighters, as defined 24 in section 411.1, subsection 10 , airport fire fighters included 25 under section 97B.49B , and emergency medical care providers , 26 as defined in section 147A.1 other than emergency medical 27 care providers specified in subsection 1, paragraph “a” , 28 subparagraph (2) , shall not, as a condition of employment, 29 be required to obtain a permit under this section . However, 30 the provisions of this subsection shall not apply to a person 31 designated as an arson investigator by the chief fire officer 32 of a political subdivision. 33 Sec. 16. Section 724.6, Code 2021, is amended by adding the 34 following new subsection: 35 -8- HF 756 (3) 89 js/rh/md 8/ 14

H.F. 756 NEW SUBSECTION . 3. For purposes of this section, “emergency 1 medical care provider” means the same as defined in section 2 147A.1. 3 Sec. 17. NEW SECTION . 724.8B Persons ineligible to carry 4 dangerous weapons. 5 A person determined to be ineligible to receive a permit 6 to carry weapons under section 724.8, subsection 2, 3, 4, 5, 7 or 6, a person who illegally possesses a controlled substance 8 included in chapter 124, subchapter II, or a person who is 9 committing an indictable offense is prohibited from carrying 10 dangerous weapons. Unless otherwise provided by law, a person 11 who violates this section commits a serious misdemeanor. 12 Sec. 18. Section 724.31, subsection 1, Code 2021, is amended 13 to read as follows: 14 1. When a court issues an order or judgment under the 15 laws of this state by which a person becomes subject to the 16 provisions of 18 U.S.C. §922(d)(4) and (g)(4), the clerk of 17 the district court shall forward only such information as is 18 necessary to identify the person to the department of public 19 safety, which in turn shall enter the information on the Iowa 20 on-line warrants and articles criminal justice information 21 network and forward the information to the federal bureau of 22 investigation or its successor agency for the sole purpose of 23 inclusion in the national instant criminal background check 24 system database. The clerk of the district court shall also 25 notify the person of the prohibitions imposed under 18 U.S.C. 26 §922(d)(4) and (g)(4). 27 DIVISION III 28 HANDGUN SAFETY TRAINING 29 Sec. 19. Section 724.9, subsection 1, paragraphs a and b, 30 Code 2021, are amended to read as follows: 31 a. Completion of any national rifle association handgun 32 safety training course or a handgun safety training course 33 offered by an instructor certified by an organization approved 34 by the department of public safety pursuant to section 724.9A . 35 -9- HF 756 (3) 89 js/rh/md 9/ 14

H.F. 756 b. Completion of any handgun safety training course 1 available to the general public offered by a law enforcement 2 agency, community college, college, private or public 3 institution or organization, or firearms training school, 4 utilizing instructors certified by the national rifle 5 association or an organization approved by the department of 6 public safety pursuant to section 724.9A or another state’s 7 department of public safety, state police department, or 8 similar certifying body. 9 Sec. 20. NEW SECTION . 724.9A Approval of organizations that 10 may certify handgun safety training instructors. 11 The department of public safety shall adopt rules to approve 12 organizations that may certify individuals as handgun safety 13 training instructors eligible to offer a handgun safety 14 training course under section 724.9, subsection 1, paragraphs 15 “a” and “b” . 16 DIVISION IV 17 FIREARM REGULATION BY POLITICAL SUBDIVISIONS 18 Sec. 21. Section 724.28, subsections 2 and 3, Code 2021, are 19 amended to read as follows: 20 2. A political subdivision of the state shall not enact an 21 ordinance, motion, resolution, policy, or amendment regulating 22 the ownership, possession, carrying, legal transfer, lawful 23 transportation, modification, registration, or licensing of 24 firearms, firearms attachments, or other weapons when the 25 ownership, possession, carrying, transfer, transportation, or 26 modification is otherwise lawful under the laws of this state. 27 An ordinance regulating firearms, firearms attachments, or 28 other weapons in violation of this section existing on or after 29 April 5, 1990, is void. 30 3. If a political subdivision of the state, prior to, on, 31 or after July 1, 2020, adopts, makes, enacts, or amends any 32 ordinance, measure, enactment, rule, resolution, motion, or 33 policy regulating the ownership, possession, carrying, legal 34 transfer, lawful transportation, modification, registration, 35 -10- HF 756 (3) 89 js/rh/md 10/ 14

H.F. 756 or licensing of firearms, firearms attachments, or other 1 weapons when the ownership, possession, carrying, transfer, 2 transportation, modification, registration, or licensing 3 of firearms, firearms attachments, or other weapons is 4 otherwise lawful under the laws of this state, a person 5 adversely affected by the ordinance, measure, enactment, rule, 6 resolution, motion, or policy may file suit in the appropriate 7 court for declaratory and injunctive relief and all damages 8 attributable to the violation. A court shall also award the 9 prevailing party in any such lawsuit reasonable attorney fees 10 and court costs. 11 DIVISION V 12 POSSESSION AND STORAGE OF A FIREARM BY A TENANT 13 Sec. 22. Section 562A.11, Code 2021, is amended to read as 14 follows: 15 562A.11 Prohibited provisions in rental agreements. 16 1. A rental agreement shall not provide that the tenant or 17 landlord does any of the following : 18 a. Agrees to waive or to forego rights or remedies under 19 this chapter provided that this restriction shall not apply to 20 rental agreements covering single family residences on land 21 assessed as agricultural land and located in an unincorporated 22 area ; . 23 b. Authorizes a person to confess judgment on a claim 24 arising out of the rental agreement ; . 25 c. Agrees to pay the other party’s attorney fees ; or . 26 d. Agrees to the exculpation or limitation of any liability 27 of the other party arising under law or to indemnify the other 28 party for that liability or the associated costs connected 29 therewith . 30 1A. If the landlord receives rental assistance payments 31 under a rental assistance agreement administered by the 32 United States department of agriculture under the multifamily 33 housing rental assistance program under Tit. V of the federal 34 Housing Act of 1949, Pub. L. No. 81-171, or receives housing 35 -11- HF 756 (3) 89 js/rh/md 11/ 14

H.F. 756 assistance payments under a housing assistance payment contract 1 administered by the United States department of housing and 2 urban development under the housing choice voucher program, 3 the new construction program, the substantial rehabilitation 4 program, or the moderate rehabilitation program under section 8 5 of the United States Housing Act of 1937, Pub. L. No. 75-412, a 6 rental agreement shall not contain a provision or impose a rule 7 that requires a person to agree, as a condition of tenancy, to 8 a prohibition or restriction on the lawful ownership, use, or 9 possession of a firearm, a firearm component, or ammunition 10 within the tenant’s specific rental unit. A landlord may 11 impose reasonable restrictions related to the possession, 12 use, or transportation of a firearm, a firearm component, or 13 ammunition within common areas as long as those restrictions do 14 not circumvent the purpose of this subsection. A tenant shall 15 exercise reasonable care in the storage of a firearm, a firearm 16 component, or ammunition. This subsection does not apply to 17 any prohibition or restriction that is required by federal or 18 state law, rule, or regulation. 19 2. A provision prohibited by subsection 1 this section 20 included in a rental agreement is unenforceable. If a landlord 21 willfully uses a rental agreement containing provisions known 22 by the landlord to be prohibited, a tenant may recover actual 23 damages sustained by the tenant and not more than three months’ 24 periodic rent and reasonable attorney fees. 25 Sec. 23. Section 562A.16, Code 2021, is amended by adding 26 the following new subsection: 27 NEW SUBSECTION . 3. Except in cases of willful, reckless, or 28 gross negligence, a landlord is not liable in a civil action 29 for personal injury, death, property damage, or other damages 30 resulting from or arising out of an occurrence involving a 31 firearm, a firearm component, or ammunition that the landlord 32 is required to allow on the property under section 562A.11. 33 Sec. 24. Section 562A.27A, subsection 2, paragraph b, Code 34 2021, is amended to read as follows: 35 -12- HF 756 (3) 89 js/rh/md 12/ 14

H.F. 756 b. Illegal use of a firearm or other weapon, the threat to 1 use a firearm or other weapon illegally, or possession of an 2 illegal firearm. The mere possession or storage of a firearm 3 by a tenant in the dwelling unit that the tenant rents does not 4 constitute a clear and present danger. 5 Sec. 25. Section 562B.11, Code 2021, is amended by adding 6 the following new subsection: 7 NEW SUBSECTION . 1A. If the landlord receives rental 8 assistance payments under a rental assistance agreement 9 administered by the United States department of agriculture 10 under the multifamily housing rental assistance program 11 under Tit. V of the federal Housing Act of 1949, Pub. L. 12 No. 81-171, or receives housing assistance payments under a 13 housing assistance payment contract administered by the United 14 States department of housing and urban development under the 15 housing choice voucher program, the new construction program, 16 the substantial rehabilitation program, or the moderate 17 rehabilitation program under section 8 of the United States 18 Housing Act of 1937, Pub. L. No. 75-412, a rental agreement 19 shall not contain a provision or impose a rule that requires a 20 person to agree, as a condition of tenancy, to a prohibition or 21 restriction on the lawful ownership, use, or possession of a 22 firearm, a firearm component, or ammunition within the tenant’s 23 specific rental unit. A landlord may impose reasonable 24 restrictions related to the possession, use, or transportation 25 of a firearm, a firearm component, or ammunition within common 26 areas as long as those restrictions do not circumvent the 27 purpose of this subsection. A tenant shall exercise reasonable 28 care in the storage of a firearm, a firearm component, or 29 ammunition. This subsection does not apply to any prohibition 30 or restriction that is required by federal or state law, rule, 31 or regulation. 32 Sec. 26. Section 562B.11, subsection 2, Code 2021, is 33 amended to read as follows: 34 2. A provision prohibited by subsection 1 this section 35 -13- HF 756 (3) 89 js/rh/md 13/ 14

H.F. 756 included in a rental agreement is unenforceable. If a landlord 1 or tenant knowingly uses a rental agreement containing 2 provisions known to be prohibited by this chapter , the other 3 party may recover actual damages sustained. 4 Sec. 27. Section 562B.17, Code 2021, is amended by adding 5 the following new subsection: 6 NEW SUBSECTION . 3. Except in cases of willful, reckless, or 7 gross negligence, a landlord is not liable in a civil action 8 for personal injury, death, property damage, or other damages 9 resulting from or arising out of an occurrence involving a 10 firearm, a firearm component, or ammunition that the landlord 11 is required to allow on the property under section 562B.11. 12 Sec. 28. Section 562B.25A, subsection 2, paragraph b, Code 13 2021, is amended to read as follows: 14 b. Illegal use of a firearm or other weapon, the threat to 15 use a firearm or other weapon illegally, or possession of an 16 illegal firearm. The mere possession or storage of a firearm 17 by a tenant in the tenant’s dwelling unit does not constitute a 18 clear and present danger. 19 -14- HF 756 (3) 89 js/rh/md 14/ 14