Bill Text: IA HSB133 | 2017-2018 | 87th General Assembly | Introduced


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.

Spectrum: Committee Bill

Status: (N/A - Dead) 2017-03-02 - Committee report, recommending amendment and passage. H.J. 506. [HSB133 Detail]

Download: Iowa-2017-HSB133-Introduced.html
House Study Bill 133 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to offensive and dangerous weapons, and the 1 justifiable use of reasonable and deadly force, including 2 carrying, possessing, transferring, and acquiring weapons, 3 the purchase and regulation of such weapons, providing 4 penalties, and including effective date and applicability 5 provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1396YC (1) 87 jm/rh/rj
H.F. _____ DIVISION I 1 OFFENSIVE WEAPONS 2 Section 1. Section 724.1, subsection 1, paragraph b, Code 3 2017, is amended by striking the paragraph. 4 DIVISION II 5 CARRYING WEAPONS AND POSSESSION OF WEAPONS 6 Sec. 2. Section 232.52, subsection 2, paragraph a, 7 subparagraph (4), subparagraph division (a), subparagraph 8 subdivision (viii), Code 2017, is amended to read as follows: 9 (viii) Section 724.4 , if the child carried the dangerous 10 weapon on school grounds or 724.4B . 11 Sec. 3. Section 708.8, Code 2017, is amended to read as 12 follows: 13 708.8 Going armed with intent. 14 A person who goes armed with any dangerous weapon with the 15 intent to use without justification such weapon against the 16 person of another commits a class “D” felony. The intent 17 required for a violation of this section shall not be inferred 18 from the mere carrying or concealment of any dangerous weapon 19 itself, including the carrying of a loaded firearm, whether in 20 a vehicle or on or about a person’s body. 21 Sec. 4. Section 724.4, Code 2017, is amended by striking the 22 section and inserting in lieu thereof the following: 23 724.4 Use of a knife in the commission of a crime. 24 A person who goes armed with a knife on or about the person, 25 and who uses the knife in the commission of a crime, commits an 26 aggravated misdemeanor. 27 Sec. 5. Section 724.4B, Code 2017, is amended to read as 28 follows: 29 724.4B Carrying weapons on school grounds —— penalty —— 30 exceptions. 31 1. A person who goes armed with, carries, or transports a 32 firearm of any kind, whether concealed or not, on the grounds 33 of a school commits a class “D” felony. For the purposes of 34 this section , “school” means a public or nonpublic school as 35 -1- LSB 1396YC (1) 87 jm/rh/rj 1/ 40
H.F. _____ defined in section 280.2 . 1 2. Subsection 1 does not apply to the following: 2 a. A person listed under section 724.4, subsection 4 , 3 paragraphs “b” through “f” or “j” A peace officer, when the 4 officer’s duties require the person to carry a firearm . 5 b. A member of the armed forces of the United States or 6 of the national guard or person in the service of the United 7 States, when the firearms are carried in connection with the 8 person’s duties as such. 9 c. A correctional officer, when the officer’s duties 10 require, serving under the authority of the Iowa department of 11 corrections. 12 d. A person who for any lawful purpose carries an unloaded 13 pistol, revolver, or other dangerous weapon inside a closed and 14 fastened container or securely wrapped package which is too 15 large to be concealed on the person. 16 e. A person who for any lawful purpose carries or transports 17 an unloaded pistol or revolver in a vehicle inside a closed 18 and fastened container or securely wrapped package which is 19 too large to be concealed on the person or inside a cargo 20 or luggage compartment where the pistol or revolver will not 21 be readily accessible to any person riding in the vehicle or 22 common carrier. 23 f. A law enforcement officer from another state when the 24 officer’s duties require the officer to carry the firearm and 25 the officer is in this state for any of the following reasons: 26 (1) The extradition or other lawful removal of a prisoner 27 from this state. 28 (2) Pursuit of a suspect in compliance with chapter 806. 29 (3) Activities in the capacity of a law enforcement officer 30 with the knowledge and consent of the chief of police of the 31 city or the sheriff of the county in which the activities occur 32 or of the commissioner of public safety. 33 b. g. A person who has been specifically authorized by 34 the school to go armed with, carry, or transport a firearm on 35 -2- LSB 1396YC (1) 87 jm/rh/rj 2/ 40
H.F. _____ the school grounds, including for purposes of conducting an 1 instructional program regarding firearms. 2 Sec. 6. Section 724.4C, Code 2017, is amended to read as 3 follows: 4 724.4C Possession or carrying of firearms dangerous weapons 5 while under the influence. 6 1. A permit issued under this chapter is invalid if the 7 Except as provided in subsection 2, a person to whom the permit 8 is issued is commits a serious misdemeanor if the person 9 is intoxicated as provided under the conditions set out in 10 section 321J.2, subsection 1 . , and the person does any of the 11 following: 12 a. Carries a dangerous weapon on or about the person. 13 b. Carries a dangerous weapon within the person’s immediate 14 access or reach while in a vehicle. 15 2. This section shall not apply to any of the following: 16 a. A person who carries or possesses a dangerous weapon 17 while in the person’s own dwelling, place of business, or on 18 land owned or lawfully possessed by the person. 19 b. The transitory possession or use of a dangerous weapon 20 during an act of justified self-defense or justified defense of 21 another, provided that the possession lasts no longer than is 22 immediately necessary to resolve the emergency. 23 Sec. 7. Section 724.5, Code 2017, is amended by striking the 24 section and inserting in lieu thereof the following: 25 724.5 Carrying weapons —— penalty. 26 1. Except as provided in subsection 2, the availability 27 of a professional or nonprofessional permit to carry weapons 28 under this chapter shall not be construed to impose a general 29 prohibition on the unlicensed carrying, whether openly or 30 concealed, of a dangerous weapon, including a loaded firearm. 31 2. A person shall be prohibited from the unlicensed 32 carrying, whether openly or concealed, of a dangerous weapon, 33 including a loaded firearm unless the person has completed a 34 firearm safety training program described under section 724.9, 35 -3- LSB 1396YC (1) 87 jm/rh/rj 3/ 40
H.F. _____ subsection 1. 1 3. A person who violates subsection 2 commits a simple 2 misdemeanor punishable as a scheduled violation pursuant to 3 section 805.8C, subsection 11. 4 4. A person cited for a violation of subsection 2, who 5 produces to the clerk of the district court prior to the date 6 of the person’s court appearance as indicated on the citation 7 proof that the person has completed a firearm safety training 8 program described under section 724.9, subsection 1, shall not 9 be convicted of a violation of subsection 2 and the citation 10 issued shall be dismissed by the court. Upon dismissal, the 11 court shall assess the costs of the action against the person 12 named on the citation. 13 Sec. 8. Section 805.8C, Code 2017, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 11. Carrying weapons violations. For 16 violations of section 724.5, the scheduled fine is one thousand 17 dollars. 18 DIVISION III 19 PERMIT TO CARRY WEAPONS AND FIREARM SAFETY TRAINING 20 Sec. 9. Section 80A.13, subsection 1, Code 2017, is amended 21 to read as follows: 22 1. File with the sheriff of the county in which the campus 23 is located evidence that the individual has successfully 24 completed an approved firearms firearm safety training program 25 under section 724.9 . This requirement does not apply to 26 armored car personnel. 27 Sec. 10. Section 724.7, subsection 1, Code 2017, is amended 28 to read as follows: 29 1. Any person who is not disqualified under section 724.8 , 30 who satisfies the training requirements of section 724.9 , if 31 applicable, and who files an application in accordance with 32 section 724.10 shall be issued a nonprofessional permit to 33 carry weapons. Such permits shall be on a form prescribed and 34 published by the commissioner of public safety, which shall 35 -4- LSB 1396YC (1) 87 jm/rh/rj 4/ 40
H.F. _____ be readily distinguishable from the professional permit, and 1 shall identify the holder of the permit. Such permits shall 2 not be issued for a particular weapon and shall not contain 3 information about a particular weapon including the make, 4 model, or serial number of the weapon or any ammunition used in 5 that weapon. All permits so issued after the effective date of 6 this division of this Act shall be for a period of five years 7 the life of the permit holder and shall be valid throughout the 8 state three days after the date of an application for a permit 9 to carry weapons, except where the possession or carrying of a 10 firearm is prohibited by state or federal law. 11 Sec. 11. Section 724.9, Code 2017, is amended to read as 12 follows: 13 724.9 Firearm safety training program. 14 1. An applicant for an initial permit to carry weapons shall 15 demonstrate knowledge of firearm safety by any of the following 16 means: 17 a. Completion of any national rifle association handgun 18 safety training course. 19 b. Completion of any handgun safety training course 20 available to the general public offered by a law enforcement 21 agency, community college, college, private or public 22 institution or organization, or firearms training school, 23 utilizing instructors certified by the national rifle 24 association or the department of public safety or another 25 state’s department of public safety, state police department, 26 or similar certifying body. 27 c. Completion of any handgun safety training course offered 28 for security guards, investigators, special deputies, or any 29 division or subdivision of a law enforcement or security 30 enforcement agency approved by the department of public safety. 31 d. Completion of small arms training while serving with the 32 armed forces of the United States as evidenced by any of the 33 following: . 34 (1) For personnel released or retired from active duty, 35 -5- LSB 1396YC (1) 87 jm/rh/rj 5/ 40
H.F. _____ possession of an honorable discharge or general discharge under 1 honorable conditions. 2 (2) For personnel on active duty or serving in one of the 3 national guard or reserve components of the armed forces of the 4 United States, possession of a certificate of completion of 5 basic training with a service record of successful completion 6 of small arms training and qualification. 7 e. Completion of a law enforcement agency firearms firearm 8 safety training course that qualifies a peace officer to carry 9 a firearm in the normal course of the peace officer’s duties. 10 2. The handgun safety training course required in 11 subsection 1 may be conducted over the internet in a live or 12 web-based format, if completion of the course is verified by 13 the instructor or provider of the course. 14 3. Firearm safety training shall not be required for 15 renewals of permits issued after December 31, 2010. 16 2. 4. Evidence If firearm safety training is required under 17 this section, evidence of qualification under this section such 18 training may be documented by any of the following: 19 a. A photocopy of a certificate of completion or any 20 similar document indicating completion of any course or 21 class identified in subsection 1 that was completed within 22 twenty-four months prior to the date of the application . 23 b. An affidavit from the instructor, school, organization, 24 or group that conducted or taught a course or class identified 25 in subsection 1 that was completed within twenty-four 26 months prior to the date of the application attesting to the 27 completion of the course or class by the applicant. 28 c. A copy of any document indicating participation in any 29 firearms shooting competition. 30 c. For personnel released or retired from active duty in the 31 armed forces of the United States, possession of an honorable 32 discharge or general discharge under honorable conditions 33 issued any time prior to the date of the application. 34 d. For personnel on active duty or serving in one of the 35 -6- LSB 1396YC (1) 87 jm/rh/rj 6/ 40
H.F. _____ national guard or reserve components of the armed forces of the 1 United States, possession of a certificate of completion of 2 basic training with a service record of successful completion 3 of small arms training and qualification issued prior to the 4 date of the application, or any other official documentation 5 satisfactory to the issuing officer issued prior to the date 6 of the application. 7 3. 5. An issuing officer shall not condition the issuance 8 of a permit on training requirements that are not specified in 9 or that exceed the requirements of this section . 10 6. If an applicant applies after expiration of the time 11 periods specified for renewal in section 724.11, firearm safety 12 training shall not be required for a renewal permit under this 13 section. 14 Sec. 12. Section 724.11, subsections 1 and 3, Code 2017, are 15 amended to read as follows: 16 1. Applications for permits to carry weapons shall be made 17 to the sheriff of the county in which the applicant resides. 18 Applications for professional permits to carry weapons for 19 persons who are nonresidents of the state, or whose need to 20 go armed arises out of employment by the state, shall be made 21 to the commissioner of public safety. In either case, the 22 sheriff or commissioner, before issuing the permit, shall 23 determine that the requirements of sections 724.6 to 724.10 24 have been satisfied. However, for renewal of a permit the 25 training program requirements in section 724.9, subsection 1 , 26 shall apply or the renewal applicant may choose to qualify on a 27 firing range under the supervision of an instructor certified 28 by the national rifle association or the department of public 29 safety or another state’s department of public safety, state 30 police department, or similar certifying body. Such training 31 or qualification must occur within the twelve-month period 32 prior to the expiration of the applicant’s current permit. 33 A renewal applicant shall apply within thirty days prior to 34 the expiration of the permit, or within thirty days after the 35 -7- LSB 1396YC (1) 87 jm/rh/rj 7/ 40
H.F. _____ expiration of the permit; otherwise the applicant shall be 1 considered an applicant for an initial permit for purposes of 2 renewal fees under subsection 3. 3 3. The issuing officer shall collect a fee of fifty dollars 4 for an initial permit , except from a duly appointed peace 5 officer or correctional officer, for each permit issued. 6 Renewal permits or duplicate permits shall be issued for a 7 fee of twenty-five dollars, provided the application for such 8 renewal permit is received by the issuing officer at least 9 within thirty days prior to the expiration of the applicant’s 10 current permit or within thirty days after the expiration of 11 the applicant’s current permit . The issuing officer shall 12 notify the commissioner of public safety of the issuance of 13 any permit at least monthly and forward to the commissioner an 14 amount equal to ten dollars for each permit issued and five 15 dollars for each renewal or duplicate permit issued. All 16 such fees received by the commissioner shall be paid to the 17 treasurer of state and deposited in the operating account 18 of the department of public safety to offset the cost of 19 administering this chapter . Notwithstanding section 8.33 , any 20 unspent balance as of June 30 of each year shall not revert to 21 the general fund of the state. 22 Sec. 13. Section 724.11, Code 2017, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 5. An initial or renewal permit shall 25 have a uniform appearance, size, and content prescribed and 26 published by the commissioner of public safety. The permit 27 shall contain the name of the permittee and the effective date 28 of the permit, but shall not contain the permittee’s social 29 security number. Such a permit shall not be issued for a 30 particular weapon and shall not contain information about a 31 particular weapon including the make, model, or serial number 32 of the weapon, or any ammunition used in that weapon. 33 DIVISION IV 34 PERMIT TO ACQUIRE FIREARMS AND PROHIBITED TRANSFERS OF FIREARMS 35 -8- LSB 1396YC (1) 87 jm/rh/rj 8/ 40
H.F. _____ Sec. 14. Section 724.11A, Code 2017, is amended to read as 1 follows: 2 724.11A Recognition. 3 A valid permit or license issued by another state to any 4 nonresident of this state shall be considered to be a valid 5 permit or license to carry weapons issued pursuant to this 6 chapter , except that such permit or license shall not be 7 considered to be a substitute for an annual permit to acquire 8 pistols or revolvers issued pursuant to section 724.15 deemed 9 to satisfy the requirements of section 724.15 . 10 Sec. 15. Section 724.15, Code 2017, is amended by striking 11 the section and inserting in lieu thereof the following: 12 724.15 Acquiring pistols or revolvers. 13 1. It is the intent of this section to satisfy federal 14 requirements of 18 U.S.C. §922(t)(3) in order to acquire 15 pistols or revolvers. As of July 1, 2017, the state shall no 16 longer issue a permit to acquire. In order to acquire a pistol 17 or revolver from a federally licensed firearms dealer, a person 18 is required to have a valid permit to carry weapons issued in 19 accordance with this chapter, or if the permit does not satisfy 20 federal requirements, the person must complete a satisfactory 21 national instant criminal background check pursuant to 18 22 U.S.C. §922(t). 23 2. A person shall not acquire a pistol or revolver who is 24 subject to any of the following: 25 a. Is under twenty-one years of age. 26 b. Is prohibited by section 724.26 or federal law from 27 possessing, shipping, transporting, or receiving a firearm. 28 c. Is prohibited by court order from possessing, shipping, 29 transporting, or receiving a firearm. 30 3. An issuing officer who finds that a person issued a 31 permit to acquire pistols or revolvers under this chapter prior 32 to the effective date of this division of this Act has been 33 arrested for a disqualifying offense or who is the subject of 34 proceedings that could lead to the person’s ineligibility for 35 -9- LSB 1396YC (1) 87 jm/rh/rj 9/ 40
H.F. _____ such permit, may immediately suspend such permit. An issuing 1 officer proceeding under this subsection shall immediately 2 notify the permit holder of the suspension by personal service 3 or certified mail on a form prescribed and published by the 4 commissioner of public safety and the suspension shall become 5 effective upon the permit holder’s receipt of such notice. If 6 the suspension is based on an arrest or a proceeding that does 7 not result in a disqualifying conviction or finding against 8 the permit holder, the issuing officer shall immediately 9 reinstate the permit upon receipt of proof of the matter’s 10 final disposition. If the arrest leads to a disqualifying 11 conviction or the proceedings to a disqualifying finding, the 12 issuing officer shall revoke the permit. The issuing officer 13 may also revoke the permit of a person whom the issuing officer 14 later finds was not qualified for such a permit at the time of 15 issuance or who the officer finds provided materially false 16 information on the permit application. A person aggrieved by a 17 suspension or revocation under this subsection may seek review 18 of the decision pursuant to section 724.21A. 19 Sec. 16. Section 724.16, Code 2017, is amended by striking 20 the section and inserting in lieu thereof the following: 21 724.16 Prohibited transfers of firearms. 22 1. A person shall not transfer a firearm to another person 23 if the person knows or reasonably should know that the other 24 person is prohibited from receiving or possessing a firearm 25 under section 724.26 or federal law. 26 2. A person shall not loan or rent a firearm to another 27 person for temporary use during lawful activities if the person 28 knows or reasonably should know that the person is prohibited 29 from receiving or possessing a firearm under section 724.26 or 30 federal law. 31 3. A person who transfers, loans, or rents a firearm in 32 violation of this section commits a class “D” felony. 33 Sec. 17. Section 724.21A, subsections 1 and 7, Code 2017, 34 are amended to read as follows: 35 -10- LSB 1396YC (1) 87 jm/rh/rj 10/ 40
H.F. _____ 1. In any case where the sheriff or the commissioner of 1 public safety denies an application for or suspends or revokes 2 a permit to carry weapons or an annual permit to acquire 3 pistols or revolvers , the sheriff or commissioner shall provide 4 a written statement of the reasons for the denial, suspension, 5 or revocation and the applicant or permit holder shall have the 6 right to appeal the denial, suspension, or revocation to an 7 administrative law judge in the department of inspections and 8 appeals within thirty days of receiving written notice of the 9 denial, suspension, or revocation. 10 7. In any case where the issuing officer denies an 11 application for, or suspends or revokes a permit to carry 12 weapons or an annual permit to acquire pistols or revolvers 13 solely because of an adverse determination by the national 14 instant criminal background check system, the applicant or 15 permit holder shall not seek relief under this section but 16 may pursue relief of the national instant criminal background 17 check system determination pursuant to Pub. L. No. 103-159, 18 sections 103(f) and (g) and 104 and 28 C.F.R. §25.10 , or other 19 applicable law. The outcome of such proceedings shall be 20 binding on the issuing officer. 21 Sec. 18. Section 724.21A, Code 2017, is amended by adding 22 the following new subsection: 23 NEW SUBSECTION . 8. If an applicant appeals the decision by 24 the sheriff or commissioner to deny an application, or suspend 25 or revoke a permit to carry weapons or a permit to acquire 26 firearms issued prior to the effective date of this division 27 of this Act, and it is later determined the applicant is 28 eligible to be issued or possess such a permit, the applicant 29 shall be awarded court costs and reasonable attorney fees. 30 If the decision of the sheriff or commissioner to deny the 31 application, or suspend or revoke the permit is upheld on 32 appeal, the political subdivision of the state representing the 33 sheriff or the commissioner shall be awarded court costs and 34 reasonable attorney fees. 35 -11- LSB 1396YC (1) 87 jm/rh/rj 11/ 40
H.F. _____ Sec. 19. Section 724.27, subsection 1, unnumbered paragraph 1 1, Code 2017, is amended to read as follows: 2 The provisions of section 724.8 , section 724.15, subsection 3 1 2 , and section 724.26 shall not apply to a person who is 4 eligible to have the person’s civil rights regarding firearms 5 restored under section 914.7 if any of the following occur: 6 Sec. 20. REPEAL. Sections 724.17, 724.18, 724.19, and 7 724.20, Code 2017, are repealed. 8 DIVISION V 9 POSSESSION OF PISTOL OR REVOLVER BY PERSONS UNDER 14 YEARS OF 10 AGE 11 Sec. 21. Section 724.22, subsection 5, Code 2017, is amended 12 to read as follows: 13 5. a. A parent or guardian or spouse who is twenty-one 14 years of age or older, of a person fourteen years of age but 15 less than under the age of twenty-one may allow the person , 16 while under direct supervision, to possess a pistol or revolver 17 or the ammunition therefor for any lawful purpose while 18 under the direct supervision of the parent or guardian or 19 spouse who is twenty-one years of age or older , or while the 20 person receives instruction in the proper use thereof from an 21 instructor twenty-one years of age or older, with the consent 22 of such parent, guardian or spouse. 23 b. As used in this section, “direct supervision” means 24 supervision provided by the parent, guardian, or spouse who is 25 twenty-one years of age or older and who maintains visual and 26 verbal contact at all times with the supervised person. 27 Sec. 22. Section 724.22, Code 2017, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 8. A parent or guardian or spouse who is 30 twenty-one years of age or older, of a minor under the age of 31 fourteen years who allows that minor to possess a pistol or 32 revolver or the ammunition pursuant hereto, shall be strictly 33 liable to an injured party for all damages resulting from the 34 possession of the pistol or revolver or ammunition therefor by 35 -12- LSB 1396YC (1) 87 jm/rh/rj 12/ 40
H.F. _____ that minor. 1 DIVISION VI 2 RECORDS KEPT BY COMMISSIONER —— CONFIDENTIALITY 3 Sec. 23. Section 724.23, Code 2017, is amended to read as 4 follows: 5 724.23 Records kept by commissioner and issuing officers . 6 1. The commissioner of public safety shall maintain a 7 permanent record of all valid permits to carry weapons and of 8 current permit revocations. 9 2. a. Notwithstanding any other law or rule to the 10 contrary, the commissioner of public safety and any issuing 11 officer shall keep confidential personally identifiable 12 information of holders of nonprofessional permits to carry 13 weapons and permits to acquire firearms, including but not 14 limited to the name, social security number, date of birth, 15 residential or business address, and driver’s license or other 16 identification number of the applicant or permit holder. 17 b. This subsection shall not prohibit the release of 18 statistical information relating to the issuance, denial, 19 revocation, or administration of nonprofessional permits to 20 carry weapons and permits to acquire firearms, provided that 21 the release of such information does not reveal the identity of 22 any individual permit holder. 23 c. This subsection shall not prohibit the release of 24 information to any law enforcement agency or any employee or 25 agent thereof when necessary for the purpose of investigating 26 a possible violation of law and probable cause exists, or for 27 conducting a lawfully authorized background investigation. 28 d. This subsection shall not prohibit the release of 29 information relating to the validity of a professional permit 30 to carry weapons to an employer who requires an employee or an 31 agent of the employer to possess a professional permit to carry 32 weapons as part of the duties of the employee or agent. 33 e. Except as provided in paragraphs “b” , “c” , and “d” , the 34 release of any confidential information under this section 35 -13- LSB 1396YC (1) 87 jm/rh/rj 13/ 40
H.F. _____ shall require a court order or the consent of the person whose 1 personally identifiable information is the subject of the 2 information request. 3 DIVISION VII 4 STATE PREEMPTION 5 Sec. 24. Section 724.28, Code 2017, is amended by striking 6 the section and inserting in lieu thereof the following: 7 724.28 State preemption —— prohibition of firearms, firearm 8 accessories, and ammunition regulation by political subdivisions. 9 1. The purpose of this section is to establish complete 10 state control over firearms, firearm accessories, and 11 ammunition regulation and policy in order to ensure that such 12 regulation and policy is applied uniformly throughout this 13 state to each person subject to the state’s jurisdiction and to 14 ensure protection of the right to keep and bear arms recognized 15 by the Constitution of the United States and under the laws 16 of this state. This section is to be liberally construed to 17 effectuate its purpose. However, this section shall not be 18 construed to limit the ability of a private property owner or 19 a person in lawful possession of private property to prohibit 20 the possession, use, carrying, or transportation of a firearm, 21 firearm accessory, or ammunition on such property. 22 2. As used in this section: 23 a. “Ammunition” means fixed cartridge ammunition, shotgun 24 shells, the individual components of fixed cartridge ammunition 25 and shotgun shells, projectiles for muzzleloading firearms, and 26 any propellant used in firearms or in firearms ammunition. 27 b. “Firearm” means a pistol, revolver, rifle, shotgun, 28 machine gun, submachine gun, or black powder weapon which is 29 designed to, capable of, or may be readily converted to expel a 30 projectile by the action of an explosive. 31 c. “Firearm accessory” means a device specifically adapted 32 to enable the wearing or carrying about one’s person, or the 33 storage or mounting in or on a conveyance, of a firearm, or 34 an attachment or device specifically adapted to be inserted 35 -14- LSB 1396YC (1) 87 jm/rh/rj 14/ 40
H.F. _____ into or affixed onto a firearm to enable, alter, or improve the 1 functioning or capabilities of the firearm. 2 d. “Person adversely affected” means a person who meets all 3 of the following criteria: 4 (1) Lawfully resides within the United States. 5 (2) Can legally possess a firearm under the laws of this 6 state. 7 (3) Either of the following: 8 (a) Would be subject to the ordinance, measure, enactment, 9 rule, resolution, motion, or policy at issue if the person were 10 present within the jurisdictional boundaries of the enacting 11 political subdivision, regardless of whether such person works, 12 attends school, or resides in such political subdivision. 13 (b) Is a membership organization that includes as a member a 14 person described in subparagraphs (1) and (2) and subparagraph 15 division (a) of this subparagraph and that is dedicated in 16 whole or in part to protecting the rights of those persons 17 who possess, own, or use firearms for competitive, sporting, 18 defensive, or other lawful purposes. 19 e. “Political subdivision” means a county, city, township, 20 school district, regents institution, or any other subunit of 21 this state. 22 3. Except as otherwise provided in this section, the 23 regulation of all of the following is hereby declared to be the 24 exclusive domain of the state: 25 a. Firearms, firearm accessories, and ammunition. 26 b. The ownership, possession, use, discharge, carrying, 27 transportation, registration, transfer, and storage of 28 firearms, firearm accessories, and ammunition. 29 c. Commerce in and taxation of firearms, firearm 30 accessories, and ammunition. 31 d. Any other matter pertaining to firearms, firearm 32 accessories, and ammunition. 33 4. An ordinance, measure, enactment, rule, resolution, 34 motion, or policy adopted by a political subdivision, or an 35 -15- LSB 1396YC (1) 87 jm/rh/rj 15/ 40
H.F. _____ official action taken by an employee or agent of a political 1 subdivision, including through any legislative, police power, 2 or proprietary capacity, in violation of this section is void. 3 5. This section shall not be construed to prevent any of the 4 following: 5 a. A duly organized law enforcement agency of a political 6 subdivision from adopting and enforcing rules pertaining to 7 firearms, firearm accessories, or ammunition issued to or used 8 by peace officers in the course of their official duties. 9 b. An employer from regulating or prohibiting an employee 10 from carrying or possessing firearms, firearm accessories, or 11 ammunition during and in the course of the employee’s official 12 duties. 13 c. A court or administrative law judge from hearing and 14 resolving a case or controversy or issuing an opinion or order 15 on a matter within the court’s or judge’s jurisdiction. 16 d. The enactment or enforcement of a generally applicable 17 zoning or business ordinance that includes firearms businesses 18 along with other businesses, provided that an ordinance 19 designed or enforced to effectively restrict or prohibit the 20 sale, purchase, transfer, manufacture, or display of firearms, 21 firearm accessories, or ammunition otherwise lawful under the 22 laws of this state, which is in conflict with this section, is 23 void. 24 e. A political subdivision from adopting or enforcing rules 25 of operation and use for any shooting range owned or operated 26 by the political subdivision. 27 f. A political subdivision that sponsors or conducts any 28 firearm-related competition or educational or cultural program 29 from adopting rules for participation in or attendance at such 30 a program. 31 g. (1) A law enforcement center, jail, municipal holding 32 facility, correctional institution or facility, community-based 33 correctional facility, or other security sensitive area 34 including a courtroom from adopting rules prohibiting the 35 -16- LSB 1396YC (1) 87 jm/rh/rj 16/ 40
H.F. _____ possession of a firearm. 1 (2) This paragraph shall not be construed to permit 2 the judicial branch or a judicial officer to regulate the 3 possession of a firearm outside of the areas primarily used by 4 the judicial branch or courts. 5 6. a. A political subdivision or employee or agent of a 6 political subdivision that violates the state’s occupation of 7 the whole field of regulation of firearms, firearm accessories, 8 and ammunition, as declared in this section, by adopting or 9 enforcing an ordinance, measure, enactment, rule, resolution, 10 motion, or policy impacting such occupation of the field shall 11 be liable as provided in this section. 12 b. If a political subdivision violates this subsection, 13 the court shall declare the ordinance, measure, enactment, 14 rule, resolution, motion, or policy void and issue a permanent 15 injunction against the political subdivision prohibiting 16 enforcement of such ordinance, measure, enactment, rule, 17 resolution, motion, or policy. It is not a defense that the 18 political subdivision was acting in good faith or upon the 19 advice of counsel. 20 7. A person adversely affected by an ordinance, measure, 21 enactment, rule, resolution, motion, or policy adopted or 22 enforced in violation of this section may file suit in the 23 appropriate court for declarative and injunctive relief and 24 for damages. A court shall award reasonable attorney fees and 25 costs to the prevailing plaintiff in any such suit. 26 DIVISION VIII 27 PISTOLS OR REVOLVERS —— CAPITOL BUILDINGS AND GROUNDS 28 Sec. 25. Section 8A.322, subsection 3, Code 2017, is amended 29 to read as follows: 30 3. The director shall establish, publish, and enforce rules 31 regulating and restricting the use by the public of the capitol 32 buildings and grounds and of the state laboratories facility 33 in Ankeny. The rules when established shall be posted in 34 conspicuous places about the capitol buildings and grounds and 35 -17- LSB 1396YC (1) 87 jm/rh/rj 17/ 40
H.F. _____ the state laboratories facility, as applicable. Any person 1 violating any rule, except a parking regulation, shall be 2 guilty of a simple misdemeanor. This subsection shall not 3 be construed to allow the director to prohibit the carrying, 4 transportation, or possession of any pistol or revolver in or 5 on any capitol buildings or grounds including in or on the 6 state capitol or grounds when the carrying, transportation, or 7 possession is otherwise lawful under the laws of this state. 8 DIVISION IX 9 EMERGENCY POWERS 10 Sec. 26. Section 29C.3, subsection 4, paragraph e, Code 11 2017, is amended by striking the paragraph. 12 Sec. 27. Section 29C.6, subsection 16, Code 2017, is amended 13 to read as follows: 14 16. Suspend or limit the sale, dispensing, or 15 transportation of alcoholic beverages, firearms, explosives, 16 and combustibles. 17 Sec. 28. NEW SECTION . 29C.25 Firearms and ammunition —— 18 limitations —— exceptions —— remedies. 19 1. This chapter shall not be construed to authorize the 20 governor or any other official of this state or any of its 21 political subdivisions or any agent or person acting at the 22 direction of the governor or any such official to do any of the 23 following: 24 a. Prohibit, regulate, or curtail the otherwise lawful 25 possession, carrying, transportation, transfer, or defensive 26 use of firearms or ammunition. 27 b. Suspend or revoke, except in accordance with section 28 724.13, a permit issued pursuant to section 724.6, 724.7, or 29 724.15. 30 c. Seize or confiscate firearms and ammunition possessed in 31 accordance with the laws of this state. 32 2. This section shall not prohibit any of the following: 33 a. The temporary closure or limitations on the operating 34 hours of businesses that sell firearms or ammunition if the 35 -18- LSB 1396YC (1) 87 jm/rh/rj 18/ 40
H.F. _____ same operating restrictions apply to all businesses in the 1 affected area. 2 b. The adoption or enforcement of regulations pertaining to 3 firearms and ammunition used or carried for official purposes 4 by law enforcement officers or persons acting under the 5 authority of emergency management agencies or officials. 6 3. a. A person aggrieved by a violation of this section 7 may seek relief in an action at law or in equity or in any 8 other proper proceeding for actual damages, injunctive relief, 9 or other appropriate redress against a person who commits or 10 causes the commission of such violation. 11 b. In addition to any other remedy available at law or 12 in equity, a person aggrieved by the seizure or confiscation 13 of a firearm or ammunition in violation of this section may 14 make application pursuant to section 809.3 for its return in 15 the office of the clerk of court for the county in which the 16 property was seized. 17 c. In an action or proceeding to enforce this section, the 18 court shall award the prevailing plaintiff reasonable court 19 costs and attorney fees. 20 DIVISION X 21 JUSTIFIABLE USE OF REASONABLE AND DEADLY FORCE 22 Sec. 29. Section 704.1, Code 2017, is amended to read as 23 follows: 24 704.1 Reasonable force. 25 1. “Reasonable force” is means that force and no more which 26 a reasonable person, in like circumstances, would judge to 27 be necessary to prevent an injury or loss and can include 28 deadly force if it is reasonable to believe that such force is 29 necessary to avoid injury or risk to one’s life or safety or 30 the life or safety of another, or it is reasonable to believe 31 that such force is necessary to resist a like force or threat. 32 2. Reasonable force, including deadly force, may be used 33 even if an alternative course of action is available if the 34 alternative action entails a risk to life or safety, or the 35 -19- LSB 1396YC (1) 87 jm/rh/rj 19/ 40
H.F. _____ life or safety of a third party , or requires one to abandon or 1 retreat from one’s dwelling or place of business or employment . 2 3. A person may be wrong in the estimation of the danger or 3 the force necessary to repel the danger as long as there is a 4 reasonable basis for the belief of the person and the person 5 acts reasonably in the response to that belief. 6 4. A person who is not engaged in illegal activity has no 7 duty to retreat from any place where the person is lawfully 8 present before using force as specified in this chapter. 9 Sec. 30. Section 704.2, Code 2017, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 1A. “Deadly force” does not include a 12 threat to cause serious injury or death, by the production, 13 display, or brandishing of a deadly weapon, as long as the 14 actions of the person are limited to creating an expectation 15 that the person may use deadly force to defend oneself, 16 another, or as otherwise authorized by law. 17 Sec. 31. NEW SECTION . 704.2A Justifiable use of deadly 18 force. 19 1. For purposes of this chapter, a person is presumed to 20 reasonably believe that deadly force is necessary to avoid 21 injury or risk to one’s life or safety or the life or safety of 22 another in either of the following circumstances: 23 a. The person against whom force is used, at the time the 24 force is used, is doing any of the following: 25 (1) Unlawfully entering the dwelling, place of business 26 or employment, or occupied vehicle of the person using force 27 by force or stealth, or has unlawfully entered by force or 28 stealth and remains within the dwelling, place of business or 29 employment, or occupied vehicle of the person using force. 30 (2) Unlawfully removing or is attempting to unlawfully 31 remove another person against the other person’s will from the 32 dwelling, place of business or employment, or occupied vehicle 33 of the person using force. 34 b. The person using force knows or has reason to believe 35 -20- LSB 1396YC (1) 87 jm/rh/rj 20/ 40
H.F. _____ that any of the conditions set forth in paragraph “a” are 1 occurring. 2 2. The presumption set forth in subsection 1 does not 3 apply if, at the time force is used, any of the following 4 circumstances are present: 5 a. The person using defensive force is engaged in a 6 criminal offense, is attempting to escape from the scene of a 7 criminal offense that the person has committed, or is using the 8 dwelling, place of business or employment, or occupied vehicle 9 to further a criminal offense. 10 b. The person sought to be removed is a child or grandchild 11 or is otherwise in the lawful custody or under the lawful 12 guardianship of the person against whom force is used. 13 c. The person against whom force is used is a peace officer 14 who has entered or is attempting to enter a dwelling, place 15 of business or employment, or occupied vehicle in the lawful 16 performance of the peace officer’s official duties, and the 17 person using force knows or reasonably should know that the 18 person who has entered or who is attempting to enter is a peace 19 officer. 20 d. The person against whom the force is used has the right 21 to be in, or is a lawful resident of, the dwelling, place of 22 business or employment, or occupied vehicle of the person using 23 force, and a protective or no-contact order is not in effect 24 against the person against whom the force is used. 25 Sec. 32. Section 704.3, Code 2017, is amended to read as 26 follows: 27 704.3 Defense of self or another. 28 A person is justified in the use of reasonable force when 29 the person reasonably believes that such force is necessary to 30 defend oneself or another from any actual or imminent use of 31 unlawful force. 32 Sec. 33. Section 704.7, Code 2017, is amended to read as 33 follows: 34 704.7 Resisting forcible violent felony. 35 -21- LSB 1396YC (1) 87 jm/rh/rj 21/ 40
H.F. _____ 1. As used in this section, “violent felony” means any 1 felonious sexual abuse involving compulsion or the use of a 2 weapon or any felonious assault, murder, kidnapping, robbery, 3 arson, or burglary. 4 2. A person who knows reasonably believes that a forcible 5 violent felony is being or will imminently be perpetrated is 6 justified in using , against the perpetrator, reasonable force, 7 including deadly force , against the perpetrator or perpetrators 8 to prevent the completion of or terminate the perpetration of 9 that felony. 10 DIVISION XI 11 FRAUDULENT PURCHASE OF FIREARMS OR AMMUNITION 12 Sec. 34. NEW SECTION . 724.29A Fraudulent purchase of 13 firearms or ammunition. 14 1. For purposes of this section: 15 a. “Ammunition” means any cartridge, shell, or projectile 16 designed for use in a firearm. 17 b. “Licensed firearms dealer” means a person who is licensed 18 pursuant to 18 U.S.C. §923 to engage in the business of dealing 19 in firearms. 20 c. “Materially false information” means information that 21 portrays an illegal transaction as legal or a legal transaction 22 as illegal. 23 d. “Private seller” means a person who sells or offers for 24 sale any firearm or ammunition. 25 2. A person who knowingly solicits, persuades, encourages, 26 or entices a licensed firearms dealer or private seller of 27 firearms or ammunition to transfer a firearm or ammunition 28 under circumstances that the person knows would violate the 29 laws of this state or of the United States commits a class “D” 30 felony. 31 3. A person who knowingly provides materially false 32 information to a licensed firearms dealer or private seller of 33 firearms or ammunition with the intent to deceive the firearms 34 dealer or seller about the legality of a transfer of a firearm 35 -22- LSB 1396YC (1) 87 jm/rh/rj 22/ 40
H.F. _____ or ammunition commits a class “D” felony. 1 4. A person who willfully procures another to engage in 2 conduct prohibited by this section shall be held accountable 3 as a principal. 4 5. This section does not apply to a law enforcement officer 5 acting in the officer’s official capacity or to a person acting 6 under the direction of such law enforcement officer. 7 DIVISION XII 8 SNOWMOBILES AND ALL-TERRAIN VEHICLES 9 Sec. 35. Section 321G.13, subsection 2, Code 2017, is 10 amended to read as follows: 11 2. a. A person shall not operate or ride a snowmobile with 12 a firearm in the person’s possession unless it is unloaded and 13 enclosed in a carrying case , except as otherwise provided . 14 However, a nonambulatory person may carry an uncased and 15 unloaded firearm while operating or riding a snowmobile. 16 b. (1) A person may operate or ride on a snowmobile with a 17 loaded firearm, whether concealed or not, without a permit to 18 carry weapons, if the person operates or rides on land owned or 19 possessed by the person, and the person’s conduct is otherwise 20 lawful. 21 (2) If a person is operating or riding on a snowmobile on 22 land that is not owned or possessed by the person, the person 23 may operate or ride the snowmobile with a loaded firearm pistol 24 or revolver , whether concealed or not, if all of the following 25 apply: 26 (a) The firearm is a pistol or revolver and is secured in a 27 retention holster upon the person. 28 (b) The person has in the person’s possession and displays 29 to a peace officer on demand a valid permit to carry weapons 30 which has been issued to the person. 31 (c) The person’s conduct is within the limits of the permit 32 to carry weapons and the person’s conduct is otherwise lawful . 33 c. A person shall not discharge a firearm while on a 34 snowmobile, except that a nonambulatory person may discharge a 35 -23- LSB 1396YC (1) 87 jm/rh/rj 23/ 40
H.F. _____ firearm from a snowmobile while lawfully hunting if the person 1 is not operating or riding a moving snowmobile. 2 Sec. 36. Section 321I.14, subsection 2, Code 2017, is 3 amended to read as follows: 4 2. a. A person shall not operate or ride an all-terrain 5 vehicle with a firearm in the person’s possession unless it is 6 unloaded and enclosed in a carrying case , except as otherwise 7 provided . However, a nonambulatory person may carry an uncased 8 and unloaded firearm while operating or riding an all-terrain 9 vehicle. 10 b. (1) A person may operate or ride on an all-terrain 11 vehicle with a loaded firearm, whether concealed or not, 12 without a permit to carry weapons, if the person operates 13 or rides on land owned or possessed by the person, and the 14 person’s conduct is otherwise lawful. 15 (2) If a person is operating or riding on an all-terrain 16 vehicle on land that is not owned or possessed by the person, 17 the person may operate or ride the all-terrain vehicle with a 18 loaded firearm pistol or revolver , whether concealed or not, 19 if all of the following apply: 20 (a) The firearm is a pistol or revolver and is secured in a 21 retention holster upon the person. 22 (b) The person has in the person’s possession and displays 23 to a peace officer on demand a valid permit to carry weapons 24 which has been issued to the person. 25 (c) The person’s conduct is within the limits of the permit 26 to carry weapons and the person’s conduct is otherwise lawful . 27 c. A person shall not discharge a firearm while on an 28 all-terrain vehicle, except that a nonambulatory person may 29 discharge a firearm from an all-terrain vehicle while lawfully 30 hunting if the person is not operating or riding a moving 31 all-terrain vehicle. 32 DIVISION XIII 33 EFFECTIVE DATE AND APPLICABILITY PROVISIONS 34 Sec. 37. EFFECTIVE UPON ENACTMENT. The following 35 -24- LSB 1396YC (1) 87 jm/rh/rj 24/ 40
H.F. _____ provision or provisions of this Act, being deemed of immediate 1 importance, take effect upon enactment: 2 1. The section of this Act amending section 724.22. 3 2. The section of this Act amending section 724.23. 4 3. The applicability section of this division of this Act 5 related to amending section 724.23. 6 Sec. 38. APPLICABILITY —— RECORDS KEPT BY COMMISSIONER —— 7 CONFIDENTIALITY. The section of this Act amending section 8 724.23 applies to holders of nonprofessional permits to carry 9 weapons and permits to acquire firearms and to applicants for 10 nonprofessional permits to carry weapons and permits to acquire 11 firearms on or after the effective date of that section of this 12 Act. 13 Sec. 39. APPLICABILITY —— PREEMPTION. The provisions 14 of this Act apply to any ordinance, measure, enactment, 15 rule, resolution, motion, or policy adopted by a political 16 subdivision of this state or to official actions taken by an 17 employee or agent of such political subdivision, on or after 18 July 1, 2017. However, the penalties and remedies prescribed 19 under section 724.28, subsection 6, as enacted in this Act, 20 shall first be imposed ninety days after the effective date of 21 that section of this Act to provide political subdivisions an 22 opportunity to comply with the provisions of this Act. 23 Sec. 40. APPLICABILITY OF PERMIT TO ACQUIRE ISSUED PRIOR 24 TO EFFECTIVE DATE. A permit to acquire issued under the 25 provisions of chapter 724, Code 2017, prior to July 1, 2017, 26 shall be considered a valid permit to acquire as long as the 27 permit has not expired unless the person becomes ineligible to 28 acquire a pistol or revolver. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to offensive and dangerous weapons, and 33 the use of force, including carrying, possessing, and acquiring 34 weapons, and the purchase and regulation of such weapons and 35 -25- LSB 1396YC (1) 87 jm/rh/rj 25/ 40
H.F. _____ includes effective date and applicability provisions. The bill 1 is organized into divisions. 2 DIVISION I —— OFFENSIVE WEAPONS. The bill strikes 3 the prohibition on possessing a short-barreled rifle or 4 a short-barreled shotgun. Under current law, a person 5 who possesses such a weapon commits a class “D” felony. 6 Federal law in 18 U.S.C. §922 governs the regulation of a 7 short-barreled rifle or short-barreled shotgun. 8 DIVISION II —— CARRYING WEAPONS AND POSSESSION OF WEAPONS. 9 The bill amends Code section 724.4 by striking the current 10 penalty for carrying dangerous weapons. Instead, the bill 11 creates a new crime of going armed with a knife in the 12 commission of a crime, an aggravated misdemeanor. The bill 13 makes a conforming change to Code section 232.52, subsection 14 2, relating to the suspension or revocation of a juvenile’s 15 driver’s license or operating privilege. 16 The bill amends Code section 724.4B relating to carrying 17 weapons on school grounds due to the strike of Code section 18 724.4 in the bill. The amendment to Code section 724.4B 19 preserves current law by keeping the general prohibition on 20 carrying weapons on school grounds but inserts the exceptions 21 to carrying weapons on school grounds previously contained in 22 Code section 724.4. 23 The bill amends Code section 724.4C relating to the crime of 24 possession or carrying of firearms while under the influence 25 of alcohol or a drug. Current law invalidates a permit to 26 carry weapons if the person to whom the permit is issued is 27 intoxicated, as defined in Code section 321J.2, subsection 1 28 (while under the influence of an alcoholic beverage or other 29 drug or a combination of such substances, while having an 30 alcohol concentration of .08 or more, or while any amount of a 31 controlled substance is present in the person, as measured in 32 the person’s blood or urine). The bill amends this provision 33 to provide that a person commits a serious misdemeanor if 34 the person is intoxicated and the person either carries a 35 -26- LSB 1396YC (1) 87 jm/rh/rj 26/ 40
H.F. _____ dangerous weapon on or about the person or carries a dangerous 1 weapon within the person’s immediate access or reach while in 2 a vehicle. This crime does not apply to situations where a 3 person carries or possesses a dangerous weapon while in the 4 person’s own dwelling, place of business, or on the person’s 5 land, or the transitory possession or use of a firearm during 6 an act of justified self-defense or justified defense of 7 another, if the possession of the firearm lasts no longer than 8 immediately necessary to resolve the emergency. 9 The bill strikes Code section 724.5 relating to a person’s 10 duty to carry a valid permit to carry certain weapons for 11 which a permit has been issued to the person and replaces that 12 Code section with language providing that the availability 13 of a professional or nonprofessional permit to carry weapons 14 shall not be construed to impose a general prohibition on the 15 unlicensed carrying of a dangerous weapon including a loaded 16 firearm. However, the bill provides that a person shall 17 be prohibited from unlicensed carrying, whether openly or 18 concealed, of a dangerous weapon, including a loaded firearm, 19 unless the person has completed a firearm safety training 20 program described under Code section 724.9(1), which is also 21 amended by the bill. A person who commits the unlicensed 22 carrying of weapons without having completed a firearm safety 23 training program commits a simple misdemeanor punishable as 24 a scheduled fine in the amount of $1,000. However, the bill 25 provides that a person cited for a violation of Code section 26 724.9, subsection 2, who produces to the clerk of the district 27 court prior to the date of the person’s court appearance as 28 indicated on the citation proof that the person has completed a 29 firearm safety training program described under Code section 30 724.9, subsection 1, shall not be convicted of a violation of 31 Code section 724.9, subsection 2, and the citation issued shall 32 be dismissed by the court. Upon dismissal, the court shall 33 assess the costs of the action against the person named on the 34 citation. 35 -27- LSB 1396YC (1) 87 jm/rh/rj 27/ 40
H.F. _____ The bill amends Code section 708.8, the crime of going 1 armed with a dangerous weapon with intent, a class “D” felony, 2 to provide that the intent element required for a violation 3 of this crime shall not be inferred from the mere carrying 4 or concealment of a dangerous weapon. “Dangerous weapon” 5 is defined in Code section 702.7 for purposes of use in the 6 criminal code. 7 DIVISION III —— PERMIT TO CARRY WEAPONS AND FIREARM SAFETY 8 TRAINING. The bill modifies the current nonprofessional permit 9 to carry weapons process, the duration of the permit, and the 10 firearm safety training required to obtain such a permit. 11 Under current law, a permit to carry weapons is valid for 12 five years from the date of issuance. The bill specifies 13 that any permit to carry weapons issued on or after July 14 1, 2017, shall be valid for the life of the permit holder. 15 The bill states that a permit to carry weapons issued after 16 July 1, 2017, shall be valid three days after the date of an 17 application for a permit to carry weapons. 18 For an applicant’s initial nonprofessional permit to carry 19 weapons, the bill and current law require the applicant to 20 demonstrate knowledge of firearm safety by any of the following 21 means: completion of any national rifle association handgun 22 safety training course; completion of any handgun safety 23 training course available to the general public offered by a 24 law enforcement agency, community college, college, private 25 or public institution or organization, or firearms training 26 school; completion of any handgun safety training course 27 offered for security guards, investigators, special deputies, 28 or law or security enforcement approved by the department of 29 public safety; completion of small arms training while serving 30 with the armed forces of the United States as evidenced by 31 any of the following; or completion of a law enforcement 32 agency firearm safety training course that qualifies a peace 33 officer to carry a firearm in the normal course of the peace 34 officer’s duties. The bill specifies that the handgun safety 35 -28- LSB 1396YC (1) 87 jm/rh/rj 28/ 40
H.F. _____ training course may be conducted over the internet in a live or 1 web-based format, if completion of the course is verified by 2 the instructor or provider of the course. 3 Under the bill, for an initial permit to carry weapons, 4 firearm safety training is required and evidence of such 5 training may be documented by any of the following means: a 6 photocopy of a certificate of completion or similar document 7 showing completion of the class or course within 24 months 8 prior to the date of the application; an affidavit from the 9 instructor, school, or organization, or group that taught the 10 course that was completed within 24 months prior to the date 11 of the application; possession of an honorable discharge or 12 general discharge under honorable conditions issued at any 13 time prior to the application; or possession of a certificate 14 of completion of basic training with a service record of 15 successful completion of small arms training issued prior to 16 the date of the application. 17 The bill provides that firearm safety training shall not be 18 required for renewals of permits to carry weapons issued after 19 December 31, 2010. 20 The bill specifies that the permit to carry weapons shall 21 have a uniform appearance, size, and uniform content prescribed 22 and published by the commissioner of public safety. 23 The fees for an initial permit to carry weapons remain at 24 $50, and the renewal fee remains at $25. 25 DIVISION IV —— ACQUIRING PISTOLS OR REVOLVERS AND PROHIBITED 26 TRANSFERS OF FIREARMS. Current law provides that any person 27 who intends to purchase a pistol or revolver is required to 28 first obtain an annual permit to acquire pistols or revolvers 29 unless the person is otherwise exempt from obtaining such 30 a permit. It is the intent of the bill to satisfy federal 31 requirements of 18 U.S.C. §922(t)(3) in order to acquire a 32 pistol or revolver. The bill provides that as of July 1, 2017, 33 the state shall no longer issue a permit to acquire. In order 34 to acquire a pistol or revolver from a federally licensed 35 -29- LSB 1396YC (1) 87 jm/rh/rj 29/ 40
H.F. _____ firearms dealer, a person is required to have a valid permit 1 to carry weapons issued in accordance with Code chapter 724, 2 or if the permit does not satisfy federal requirements, the 3 person must complete a satisfactory national instant criminal 4 background check pursuant to 18 U.S.C. §922(t). The bill 5 provides that a valid permit to carry weapons or license issued 6 by another state to any nonresident of this state does not 7 satisfy the requirements to acquire a pistol or revolver in 8 this state. 9 Under the bill, a person is not eligible to acquire a 10 pistol or revolver if the person is less than 21 years of age, 11 is prohibited by Code section 724.26 (felon in possession 12 of a firearm), federal law, or court order from possessing, 13 shipping, transporting, or receiving a firearm. 14 By striking the requirement to obtain a permit to acquire a 15 pistol or revolver, and moving certain requirements to acquire 16 a pistol or revolver into Code section 724.15 as amended in the 17 bill, the bill repeals Code sections 724.17 (application for 18 annual permit to acquire —— criminal history check required), 19 724.18 (procedure for making application for annual permit 20 to acquire), 724.19 (issuance of annual permit to acquire), 21 and 724.20 (validity of annual permit to acquire pistols or 22 revolvers). 23 The bill provides a permit to acquire a pistol or revolver 24 issued under Code chapter 724 (2017) prior to July 1, 2017, 25 shall be considered a valid permit to acquire as long as the 26 permit has not expired unless the person becomes ineligible to 27 acquire a pistol or revolver. 28 The bill does not change current law which provides a person 29 who gives a false name or presents false identification, or 30 otherwise knowingly gives false material information to one 31 from whom the person seeks to acquire a pistol or revolver, 32 commits a class “D” felony. 33 The bill, in Code section 724.15, provides that a permit to 34 acquire firearms issued prior to July 1, 2017, may be suspended 35 -30- LSB 1396YC (1) 87 jm/rh/rj 30/ 40
H.F. _____ or revoked by the issuing officer and the aggrieved permit 1 holder may file an appeal with an administrative law judge. 2 The bill strikes the language of current Code section 3 724.16, relating to transferring a pistol or revolver to a 4 person without a permit or acquiring a pistol or revolver 5 without a permit and substitutes language prohibiting the 6 transfer of a firearm to another person who does not possess a 7 permit if the person knows or reasonably should know the person 8 is prohibited from receiving or possessing a firearm under Code 9 section 724.26 or federal law. The bill also provides that a 10 person shall not loan or rent a firearm to another person for 11 temporary use during lawful activities if the person knows or 12 reasonably should know the person is prohibited from receiving 13 or possessing a firearm under Code section 724.26 or federal 14 law. A person who violates this provision commits a class “D” 15 felony. 16 The bill makes a conforming change to Code section 724.27 17 relating to the restoration of firearms rights. 18 DIVISION V —— POSSESSION OF PISTOLS AND REVOLVERS BY PERSONS 19 UNDER 14 YEARS OF AGE —— EFFECTIVE DATE. Under the bill, a 20 parent or guardian or spouse who is 21 years of age or older, 21 or another with the consent of the minor’s parent or guardian 22 or spouse who is 21 years of age or older, may allow a person 23 under 21 years of age to possess a pistol or revolver or the 24 ammunition therefor, while under direct supervision, which 25 then may be lawfully used. Current law prohibits a parent 26 or guardian or spouse who is 21 years of age or older from 27 allowing a person under 14 years of age from possessing a 28 pistol or revolver or the ammunition. This provision takes 29 effect upon enactment. 30 The bill defines “direct supervision” to mean supervision 31 provided by the parent, guardian, or spouse who is 21 years of 32 age or older and who maintains visual and verbal contact at all 33 times with the supervised person. 34 Except for the circumstances under Code section 724.22(4) 35 -31- LSB 1396YC (1) 87 jm/rh/rj 31/ 40
H.F. _____ (security personnel) or this bill, a person who sells, loans, 1 gives, or makes available a pistol or revolver or ammunition 2 for a pistol or revolver to a person below the age of 21 commits 3 a serious misdemeanor for a first offense and a class “D” 4 felony for second and subsequent offenses. 5 The bill provides that a parent or guardian who is 21 years 6 of age or older, of a minor under the age of 14 years, who 7 allows that minor to possess a pistol or revolver or the 8 ammunition, shall be strictly liable to an injured party for 9 all damages resulting from the possession of the pistol or 10 revolver or ammunition by the minor. 11 A serious misdemeanor is punishable by confinement for no 12 more than one year and a fine of at least $315 but not more than 13 $1,875. A class “D” felony is punishable by confinement for no 14 more than five years and a fine of at least $750 but not more 15 than $7,500. 16 DIVISION VI —— RECORDS KEPT BY COMMISSIONER —— 17 CONFIDENTIALITY —— EFFECTIVE DATE AND APPLICABILITY. Current 18 law requires the commissioner of public safety to maintain a 19 permanent record of all valid permits to carry weapons and of 20 current permit revocations. 21 The bill provides in Code section 724.23 that, 22 notwithstanding any other law or rule to the contrary, the 23 commissioner of public safety and any issuing officer (county 24 sheriff) shall keep confidential personally identifiable 25 information of holders of nonprofessional permits to carry 26 weapons and permits to acquire firearms. The release of any 27 confidential information, except as otherwise provided in the 28 bill, requires a court order or the consent of the person 29 whose personally identifiable information is the subject of 30 the information request. The bill does not prohibit release 31 of statistical information relating to the issuance, denial, 32 revocation, or administration of nonprofessional permits 33 to carry weapons and permits to acquire firearms if such 34 information does not reveal the identity of any individual 35 -32- LSB 1396YC (1) 87 jm/rh/rj 32/ 40
H.F. _____ permit holder, the release of information to a law enforcement 1 agency investigating a violation of law where probable cause 2 exists, the release for purposes of conducting a background 3 check, or the release of information relating to the validity 4 of a professional permit to carry weapons to an employer who 5 requires an employee or an agent of the employer to possess 6 a professional permit to carry weapons as part of the duties 7 of the employee or agent. This provision applies to holders 8 of nonprofessional permits to carry weapons and permits to 9 acquire firearms and to applicants for nonprofessional permits 10 to carry weapons and permits to acquire firearms on or after 11 the effective date of this provision of the bill. 12 The provision in this division of the bill relating to the 13 confidentiality of personally identifiable information of 14 holders of nonprofessional permits to carry weapons and permits 15 to acquire firearms takes effect upon enactment. 16 DIVISION VII —— STATE PREEMPTION —— APPLICABILITY. Current 17 Code section 724.28 prohibits a political subdivision 18 of the state from enacting an ordinance restricting the 19 ownership, possession, legal transfer, lawful transportation, 20 registration, or licensing of firearms when the ownership, 21 possession, transfer, or transportation is otherwise lawful 22 under state law. 23 The bill strikes this Code section and provides that the 24 regulation of firearms, firearm accessories, and ammunition 25 is declared to be the exclusive domain of the state. The 26 bill provides that an ordinance, measure, enactment, rule, 27 resolution, motion, or policy of a political subdivision of 28 this state, or an official action of an employee or agent of 29 such political subdivision, including through any legislative, 30 police power, or proprietary capacity, in violation of the bill 31 is void. 32 The bill defines “political subdivision” to mean a county, 33 city, township, school district, community college, regents 34 institution, or any other subunit of the state. 35 -33- LSB 1396YC (1) 87 jm/rh/rj 33/ 40
H.F. _____ The bill shall not be construed to prevent a law enforcement 1 agency of a political subdivision from adopting and enforcing 2 rules pertaining to firearms, firearm accessories, or 3 ammunition issued to or used by peace officers in the course 4 of their official duties; an employer from regulating or 5 prohibiting an employee from carrying or possessing firearms, 6 firearm accessories, or ammunition during and in the course 7 of the employee’s official duties; a court or administrative 8 law judge from hearing and resolving a case or controversy 9 or issuing an opinion or order on a matter within the 10 court’s or the judge’s jurisdiction; enacting or enforcing 11 a generally applicable zoning or business ordinance that 12 includes firearms businesses along with other businesses, 13 provided that an ordinance which is designed or enforced to 14 effectively restrict or prohibit the sale, purchase, transfer, 15 manufacture, or display of firearms, firearm accessories, or 16 ammunition otherwise lawful under the laws of this state, 17 which is in conflict with the bill, is void; a political 18 subdivision from adopting or enforcing rules of operation and 19 use for a shooting range owned or operated by the political 20 subdivision; a political subdivision that sponsors or conducts 21 any firearm-related competition or educational or cultural 22 program from adopting rules of attendance for such a program; 23 and a law enforcement center, jail, correctional institution 24 or facility, community-based correctional facility, or other 25 security-sensitive area including areas primarily used by the 26 courts from adopting rules prohibiting the possession of a 27 firearm, except the judicial branch or a judicial officer shall 28 not regulate the possession of a firearm outside of the area 29 primarily used by the judicial branch or the courts. 30 The bill provides that if a political subdivision violates 31 the bill, the court shall declare the ordinance, measure, 32 enactment, rule, resolution, motion, or policy void and issue 33 a permanent injunction against the political subdivision 34 prohibiting enforcement of such ordinance, measure, enactment, 35 -34- LSB 1396YC (1) 87 jm/rh/rj 34/ 40
H.F. _____ rule, resolution, motion, or policy. It is not a defense that 1 the political subdivision was acting in good faith or upon the 2 advice of counsel. 3 The bill provides that a person adversely affected by an 4 ordinance, measure, enactment, rule, resolution, motion, or 5 policy adopted or enforced in violation of the bill may file 6 suit in the appropriate court for declarative and injunctive 7 relief and for damages and may, if successful, be awarded 8 reasonable attorney fees and costs. 9 This division of the bill applies to any ordinance, measure, 10 enactment, rule, resolution, motion, or policy adopted by a 11 political subdivision of this state or to official actions 12 taken by an employee or agent of such political subdivision, 13 on or after July 1, 2017. However, the penalties and remedies 14 prescribed under section 724.28, subsection 6, as enacted 15 in this Act, shall first be imposed ninety days after the 16 effective date of that section of this Act to provide political 17 subdivisions an opportunity to comply with the provisions of 18 this Act. 19 DIVISION VIII —— PISTOLS OR REVOLVERS —— CAPITOL BUILDINGS 20 AND GROUNDS. The bill amends current law relating to the 21 authority of the director of the department of administrative 22 services to regulate and restrict the use by the public of 23 the capitol buildings and grounds. The bill provides that 24 this authority shall not be construed to allow the director to 25 prohibit the carrying, transportation, or possession of any 26 pistol or revolver in or on any capitol buildings or grounds, 27 including in or on the state capitol or grounds, when the 28 carrying, transportation, or possession is otherwise lawful 29 under the laws of this state. 30 State Capitol complex buildings include the State 31 Capitol, Ola Babcock Miller, public safety, Lucas, workforce 32 development, fleet, Jesse Parker, Grimes, Hoover, Wallace, 33 state historical, judicial branch, and Iowa utilities 34 board/office of consumer advocate buildings, central utilities 35 -35- LSB 1396YC (1) 87 jm/rh/rj 35/ 40
H.F. _____ plant, facilities management center, and parking structure. 1 DIVISION IX —— EMERGENCY POWERS. The bill provides that 2 Code chapter 29C, relating to a public disorder or disaster 3 emergency proclamation by the governor, shall not be construed 4 to authorize the governor or any other official of this 5 state or any of its political subdivisions acting at the 6 direction of the governor or other official to prohibit, 7 regulate, or curtail the otherwise lawful possession, carrying, 8 transportation, transfer, or defensive use of firearms or 9 ammunition; to suspend or revoke a permit to carry or acquire, 10 except as otherwise authorized under Code sections 724.6 11 (professional permit to carry), 724.7 (nonprofessional permit 12 to carry), and 724.15 (permit to acquire); or to seize or 13 confiscate firearms or ammunition possessed in accordance with 14 state law. 15 The bill does not prohibit the temporary closure or 16 limitations on the operating hours of businesses that sell 17 firearms or ammunition if the same operating restrictions 18 apply to all businesses in the affected area or the adoption 19 or enforcement of regulations pertaining to firearms used or 20 carried for official purposes by law enforcement officers or 21 persons acting under the authority of emergency management 22 agencies or officials. 23 The bill allows a person aggrieved by a violation of these 24 emergency powers provisions of the bill to seek relief in an 25 action at law or in equity or in any other proper proceeding 26 for actual damages, injunctive relief, or other appropriate 27 redress, including court costs and attorney fees, against a 28 person who commits or causes the commission of such violation. 29 In addition to any other remedy available at law or in equity, 30 a person aggrieved by the seizure or confiscation of a firearm 31 or ammunition in violation of the bill may file an application 32 pursuant to Code section 809.3 for its return in the office of 33 the clerk of court for the county in which the property was 34 seized. Court costs and attorney fees shall be awarded to a 35 -36- LSB 1396YC (1) 87 jm/rh/rj 36/ 40
H.F. _____ prevailing plaintiff under these emergency powers provisions. 1 The bill makes conforming changes to Code sections 29C.3 and 2 29C.6 relating to the governor’s authority under current law to 3 prohibit the possession of firearms or any other deadly weapon 4 by a person other than at that person’s place of residence 5 or business and to suspend or limit the sale, dispensing, or 6 transportation of firearms. 7 DIVISION X —— JUSTIFIABLE USE OF REASONABLE AND DEADLY 8 FORCE. Current law provides that a person may use reasonable 9 force, including deadly force, even if an alternative course of 10 action is available if the alternative action entails a risk 11 of life or safety, or the life or safety of a third party, or 12 requires one to abandon or retreat from one’s residence or 13 place of business or employment. 14 The bill provides that a person may use reasonable force, 15 including deadly force, if it is reasonable to believe such 16 force is necessary to avoid injury or risk to one’s life or 17 safety or the life or safety of another, even if an alternative 18 course of action is available if the alternative action entails 19 a risk to life or safety, or the life or safety of a third 20 party. 21 The bill provides that a person may be wrong in the 22 estimation of the danger or the force necessary to repel the 23 danger as long as there is a reasonable basis for the belief 24 and the person acts reasonably in the response to that belief. 25 The bill further provides that a person who is not engaged in 26 an illegal activity has no duty to retreat from any place where 27 the person is lawfully present before using force. 28 The bill provides that a threat to cause serious injury 29 or death by the production, display, or brandishing of a 30 deadly weapon, is not deadly force, as long as the actions of 31 the person are limited to creating an expectation that the 32 person may use deadly force to defend oneself, another, or as 33 otherwise authorized by law. 34 The bill creates presumptions for the justifiable use of 35 -37- LSB 1396YC (1) 87 jm/rh/rj 37/ 40
H.F. _____ deadly force in certain circumstances. 1 Under the bill, a person is presumed to be justified in 2 using deadly force if the person reasonably believes that 3 deadly force is necessary to avoid injury or risk to one’s 4 life or safety or the life or safety of another under the 5 following circumstances: the person against whom force is 6 used is unlawfully entering the dwelling, place of business or 7 employment, or occupied vehicle of the person using force by 8 force or stealth, or has unlawfully entered by force or stealth 9 and remains within a dwelling, place of business or employment, 10 or occupied vehicle of the person using force; or the person 11 against whom force is used is unlawfully removing or attempting 12 to remove another person against the other person’s will from a 13 dwelling, place of business or employment, or occupied vehicle 14 of the person using force. In addition, the person using force 15 must know or have reason to believe that the aforementioned 16 circumstances are occurring. 17 The presumption of the use of justifiable deadly force 18 under the bill does not apply at the time force is used in the 19 following circumstances: the person using defensive force is 20 engaged in a criminal offense or activity; the person sought 21 to be removed is a child or grandchild or is otherwise in the 22 lawful custody of the person against whom force is used; the 23 person against whom force is used is a peace officer who has 24 entered or is attempting to enter a dwelling, place of business 25 or employment, or occupied vehicle in the lawful performance 26 of the peace officer’s official duties, and the person using 27 force knows or reasonably should know that the person who has 28 entered or who is attempting to enter is a peace officer; or 29 the person against whom force is used has the right to be in, 30 or is a lawful resident of, the dwelling, place of business or 31 employment, or occupied vehicle of the person using force, and 32 a protective or no-contact order is not in effect against the 33 person against whom the force is used. 34 The bill provides that a person is justified in the use of 35 -38- LSB 1396YC (1) 87 jm/rh/rj 38/ 40
H.F. _____ reasonable force when the person reasonably believes that such 1 force is necessary to defend oneself or another from any actual 2 as well as imminent use of unlawful force. 3 The bill also provides that a person who reasonably 4 believes that a violent felony is being or will imminently be 5 perpetrated is justified in using reasonable force, including 6 deadly force, against a perpetrator to prevent or terminate the 7 perpetration of that felony. The bill defines “violent felony” 8 to mean any felonious assault, murder, violent or forced sexual 9 abuse, kidnapping, robbery, arson, or burglary. 10 DIVISION XI —— FRAUDULENT PURCHASE OF FIREARMS OR 11 AMMUNITION. The bill provides that a person who knowingly 12 solicits, persuades, encourages, or entices a licensed firearms 13 dealer or private seller of firearms or ammunition to transfer 14 a firearm or ammunition under circumstances that the person 15 knows would violate the laws of this state or of the United 16 States commits a class “D” felony. A person who knowingly 17 provides materially false information to a licensed firearms 18 dealer or private seller of firearms or ammunition with the 19 intent to deceive the firearms dealer or seller about the 20 legality of a transfer of a firearm or ammunition commits a 21 class “D” felony. Any person who willfully procures another to 22 engage in conduct prohibited by this Code section shall be held 23 accountable as a principal. 24 The Code section does not apply to a law enforcement officer 25 acting in the officer’s official capacity or to a person acting 26 at the direction of such law enforcement officer. 27 DIVISION XII —— SNOWMOBILES AND ALL-TERRAIN VEHICLES. 28 The bill modifies the requirements for carrying a pistol or 29 revolver when operating a snowmobile or all-terrain vehicle on 30 land that is not owned or possessed by the person. In addition 31 to carrying a permit to carry weapons on the person and acting 32 within the limits of the permit, current law requires a person 33 operating or riding on a snowmobile or all-terrain vehicle, 34 with a loaded pistol or revolver, to secure the loaded pistol 35 -39- LSB 1396YC (1) 87 jm/rh/rj 39/ 40
H.F. _____ or revolver in a retention holster, if the person is operating 1 or riding a snowmobile or all-terrain vehicle on land that is 2 not owned or possessed by the person. 3 The bill strikes the requirements that the loaded pistol or 4 revolver be secured in a retention holster and that a person 5 has in the person’s possession a valid permit to carry weapons 6 which has been issued to the person, and act within the limits 7 of that permit. Thus, the change in the bill allows a person 8 operating or riding on a snowmobile or all-terrain vehicle to 9 carry a loaded pistol or revolver without a retention holster 10 and without a permit to carry weapons as long as the person’s 11 conduct is otherwise lawful. 12 The bill does not modify the requirement, applicable to most 13 persons, that a firearm, other than a pistol or revolver, be 14 unloaded and enclosed in a carrying case while a person is 15 operating or riding on a snowmobile or all-terrain vehicle on 16 land that is not owned or possessed by the person. 17 -40- LSB 1396YC (1) 87 jm/rh/rj 40/ 40
feedback