Bill Text: IA HSB254 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to the acquisition and possession of weapons and providing penalties.(See HF 756.)

Spectrum: Committee Bill

Status: (Introduced) 2021-03-05 - Committee report approving bill, renumbered as HF 756. [HSB254 Detail]

Download: Iowa-2021-HSB254-Introduced.html
House Study Bill 254 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON KLEIN) A BILL FOR An Act relating to the acquisition and possession of weapons 1 and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1852YC (18) 89 js/rh
H.F. _____ 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 who is 24 subject to any of the following: 25 a. Is 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. Is prohibited by section 724.26 or federal law from 29 possessing, shipping, transporting, or receiving a firearm. 30 c. Is prohibited by court order from possessing, shipping, 31 transporting, or receiving a firearm. 32 3. An issuing officer who finds that a person issued a 33 permit to acquire pistols or revolvers under this chapter 34 has been arrested for a disqualifying offense or who is 35 -1- LSB 1852YC (18) 89 js/rh 1/ 18
H.F. _____ the subject of proceedings that could lead to the person’s 1 ineligibility for such permit, may immediately suspend such 2 permit. An issuing officer proceeding under this subsection 3 shall immediately notify the permit holder of the suspension 4 by personal service or certified mail on a form prescribed 5 and published by the commissioner of public safety and the 6 suspension shall become effective upon the permit holder’s 7 receipt of such notice. If the suspension is based on an 8 arrest or a proceeding that does not result in a disqualifying 9 conviction or finding against the permit holder, the issuing 10 officer shall immediately reinstate the permit upon receipt 11 of proof of the matter’s final disposition. If the arrest 12 leads to a disqualifying conviction or the proceedings to a 13 disqualifying finding, the issuing officer shall revoke the 14 permit. The issuing officer may also revoke the permit of a 15 person whom the issuing officer later finds was not qualified 16 for such a permit at the time of issuance or whom the officer 17 finds provided materially false information on the permit 18 application. A person aggrieved by a suspension or revocation 19 under this subsection may seek review of the decision pursuant 20 to section 724.21A. 21 Sec. 3. Section 724.16, Code 2021, is amended by striking 22 the section and inserting in lieu thereof the following: 23 724.16 Prohibited transfers of firearms. 24 1. A person shall not transfer a firearm to another person 25 if the person knows or reasonably should know that the other 26 person is prohibited from receiving or possessing a firearm 27 under section 724.26 or federal law. 28 2. A person shall not loan or rent a firearm to another 29 person for temporary use during lawful activities if the person 30 knows or reasonably should know that the person is prohibited 31 from receiving or possessing a firearm under section 724.26 or 32 federal law. 33 3. A person who transfers, loans, or rents a firearm in 34 violation of this section commits a class “D” felony. 35 -2- LSB 1852YC (18) 89 js/rh 2/ 18
H.F. _____ Sec. 4. Section 724.27, Code 2021, is amended to read as 1 follows: 2 724.27 Offenders’ rights restored. 3 1. The provisions of section 724.8 , section 724.15, 4 subsection 1 2 , and section 724.26 shall not apply to a person 5 who is eligible to have the person’s civil rights regarding 6 firearms restored under section 914.7 if any of the following 7 occur: 8 a. The person is pardoned by the President of the United 9 States or the chief executive of a state for a disqualifying 10 conviction. 11 b. The person’s civil rights have been restored after a 12 disqualifying conviction, commitment, or adjudication. 13 c. The person’s conviction for a disqualifying offense has 14 been expunged. 15 2. Subsection 1 shall not apply to a person whose pardon, 16 restoration of civil rights, or expungement of conviction 17 expressly forbids the person to receive, transport, or possess 18 firearms or destructive devices and a person not eligible to 19 have the person’s civil rights restored under section 914.7 . 20 DIVISION II 21 CARRYING AND POSSESSING WEAPONS —— SCHOOL GROUNDS —— EMERGENCY 22 MEDICAL CARE PROVIDERS 23 Sec. 5. Section 8A.322, subsection 3, Code 2021, is amended 24 to read as follows: 25 3. The director shall establish, publish, and enforce 26 rules regulating and restricting the use by the public of the 27 capitol buildings and grounds and of the state laboratories 28 facility in Ankeny. The rules when established shall be 29 posted in conspicuous places about the capitol buildings and 30 grounds and the state laboratories facility, as applicable. 31 Any person violating any rule, except a parking regulation, 32 shall be guilty of a simple misdemeanor. The rules shall 33 prohibit a person, other than a peace officer, from openly 34 carrying a pistol or revolver in the capitol building and on 35 -3- LSB 1852YC (18) 89 js/rh 3/ 18
H.F. _____ the grounds surrounding the capitol building including state 1 parking lots and parking garages. However, this subsection 2 shall not be construed to allow the director to prohibit 3 the lawful carrying, transportation, or possession of any 4 pistol or revolver in the capitol building and on the grounds 5 surrounding the capitol building including state parking lots 6 and parking garages by a any person who displays to capitol 7 security personnel a valid permit to carry weapons upon request 8 regardless of whether the person has a valid permit to carry 9 weapons . 10 Sec. 6. Section 232.52, subsection 2, paragraph a, 11 subparagraph (4), subparagraph division (a), subparagraph 12 subdivision (viii), Code 2021, is amended to read as follows: 13 (viii) Section 724.4 , if the child used the dangerous weapon 14 in the commission of a crime on school grounds . 15 Sec. 7. Section 724.2A, Code 2021, is amended to read as 16 follows: 17 724.2A Peace officer —— defined —— reserved peace officer 18 included. 19 As used in sections 724.4, 724.4B, 724.6 , and 724.11 , “peace 20 officer” includes a reserve peace officer as defined in section 21 80D.1A . 22 Sec. 8. Section 724.4, Code 2021, is amended by striking the 23 section and inserting in lieu thereof the following: 24 724.4 Use of a dangerous weapon in the commission of a crime. 25 A person who goes armed with a dangerous weapon on or about 26 the person, and who uses the dangerous weapon in the commission 27 of a crime, commits an aggravated misdemeanor. 28 Sec. 9. Section 724.4B, Code 2021, is amended by striking 29 the section and inserting in lieu thereof the following: 30 724.4B Carrying firearms on school grounds —— penalty —— 31 exceptions. 32 1. A person who goes armed with, carries, or transports a 33 firearm of any kind, whether concealed or not, on the grounds 34 of a school commits a class “D” felony. For the purposes of 35 -4- LSB 1852YC (18) 89 js/rh 4/ 18
H.F. _____ this section, “school” means a public or nonpublic school as 1 defined in section 280.2. 2 2. Subsection 1 does not apply to the following: 3 a. A person who has been specifically authorized by the 4 school to go armed with, carry, or transport a firearm on the 5 school grounds for any lawful purpose. 6 b. A peace officer including a peace officer who has 7 not been certified and a federal officer when the officer’s 8 employment requires going armed, whether or not the peace 9 officer or federal officer is acting in the performance of 10 official duties. 11 c. A member of the armed forces of the United States or 12 of the national guard or person in the service of the United 13 States, when the firearm is carried in connection with the 14 person’s duties as such. 15 d. A correctional officer, when the officer’s duties require 16 the officer to carry a firearm, serving under the authority of 17 the Iowa department of corrections. 18 e. A person who for any lawful purpose carries an unloaded 19 pistol, revolver, or other firearm inside a closed and fastened 20 container or securely wrapped package that is too large to be 21 concealed on the person. 22 f. A person who for any lawful purpose carries or 23 transports an unloaded pistol, revolver, or other firearm 24 in a vehicle or common carrier inside a closed and fastened 25 container or securely wrapped package that is too large to be 26 concealed on the person or carries or transports an unloaded 27 pistol, revolver, or other firearm inside a cargo or luggage 28 compartment where the pistol or revolver will not be readily 29 accessible to any person riding in the vehicle or common 30 carrier. 31 g. A law enforcement officer from another state when the 32 officer’s duties require the officer to carry a firearm and the 33 officer is in this state for any of the following reasons: 34 (1) The extradition or other lawful removal of a prisoner 35 -5- LSB 1852YC (18) 89 js/rh 5/ 18
H.F. _____ from this state. 1 (2) Pursuit of a suspect in compliance with chapter 806. 2 (3) Activities in the capacity of a law enforcement officer 3 with the knowledge and consent of the chief of police of the 4 city or the sheriff of the county in which the activities occur 5 or of the commissioner of public safety. 6 h. A licensee under chapter 80A or an employee of such 7 a licensee, while the licensee or employee is engaged in 8 the performance of duties, and if the licensee or employee 9 possesses a valid professional or nonprofessional permit to 10 carry weapons issued pursuant to this chapter. 11 Sec. 10. Section 724.5, Code 2021, is amended by striking 12 the section and inserting in lieu thereof the following: 13 724.5 Availability of permit not to be construed as 14 prohibition on unlicensed carrying of weapons. 15 The availability of a professional or nonprofessional permit 16 to carry weapons under this chapter shall not be construed to 17 impose a general prohibition on the otherwise lawful unlicensed 18 carrying or transport, whether openly or concealed, of a 19 dangerous weapon, including a loaded firearm. 20 Sec. 11. Section 724.6, subsection 1, paragraph a, Code 21 2021, is amended to read as follows: 22 a. (1) A person may be issued a permit to carry weapons 23 when the person’s employment in a private investigation 24 business or private security business licensed under chapter 25 80A , or a person’s employment as a peace officer, correctional 26 officer, security guard, bank messenger or other person 27 transporting property of a value requiring security, or in 28 police work, reasonably justifies that person going armed. 29 (2) A person may be issued a permit to carry weapons 30 if the person is an emergency medical care provider who is 31 designated and attached to a law enforcement tactical team by 32 the authorities having jurisdiction. A person issued a permit 33 to carry weapons under this paragraph shall train with the law 34 enforcement tactical team the person is designated and attached 35 -6- LSB 1852YC (18) 89 js/rh 6/ 18
H.F. _____ to, complete a prescribed firearm safety training course 1 offered pursuant to section 724.9, subsection 1, paragraph 2 “e” , complete any additional training as prescribed by the 3 authorities having jurisdiction, and not be disqualified under 4 section 724.8. 5 Sec. 12. Section 724.6, subsection 2, Code 2021, is amended 6 to read as follows: 7 2. Notwithstanding subsection 1 , fire fighters, as defined 8 in section 411.1, subsection 10 , airport fire fighters included 9 under section 97B.49B , and emergency medical care providers , 10 as defined in section 147A.1 other than emergency medical 11 care providers specified in subsection 1, paragraph “a” , 12 subparagraph (2) , shall not, as a condition of employment, 13 be required to obtain a permit under this section . However, 14 the provisions of this subsection shall not apply to a person 15 designated as an arson investigator by the chief fire officer 16 of a political subdivision. 17 Sec. 13. Section 724.6, Code 2021, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 3. For purposes of this section, “emergency 20 medical care provider” means the same as defined in section 21 147A.1. 22 DIVISION III 23 HANDGUN SAFETY TRAINING 24 Sec. 14. Section 724.9, subsection 1, paragraphs a and b, 25 Code 2021, are amended to read as follows: 26 a. Completion of any national rifle association handgun 27 safety training course or a handgun safety training course 28 offered by an instructor certified by an organization approved 29 by the department of public safety pursuant to section 724.9A . 30 b. Completion of any handgun safety training course 31 available to the general public offered by a law enforcement 32 agency, community college, college, private or public 33 institution or organization, or firearms training school, 34 utilizing instructors certified by the national rifle 35 -7- LSB 1852YC (18) 89 js/rh 7/ 18
H.F. _____ association or an organization approved by the department of 1 public safety pursuant to section 724.9A or another state’s 2 department of public safety, state police department, or 3 similar certifying body. 4 Sec. 15. NEW SECTION . 724.9A Approval of organizations that 5 may certify handgun safety training instructors. 6 1. The department of public safety shall adopt rules to 7 approve organizations that may certify individuals as handgun 8 safety training instructors eligible to offer a handgun safety 9 training course under section 724.9, subsection 1, paragraphs 10 “a” and “b” . The rules shall require a handgun safety training 11 instructor to apply to the organization for recertification at 12 least once every five years and shall require the organization 13 to pay a fee to cover costs necessary to maintain a list of 14 approved organizations and certified instructors. 15 2. The department shall maintain on the department’s 16 internet site the following resources: 17 a. Applications for an organization to receive approval to 18 certify and recertify handgun safety training instructors. 19 b. A list of organizations approved under this section 20 that certify handgun safety training instructors that shall 21 include the national rifle association, and a list of certified 22 instructors. The department shall use an interface that allows 23 a user to sort the lists in a manner that provides convenience 24 to the user, such as but not limited to sorting by geographic 25 location or online instruction as opposed to in-person, 26 hands-on instruction. 27 c. General information relating to permits to carry weapons, 28 firearm safety, and training opportunities currently available 29 to the public. 30 DIVISION IV 31 FIREARM REGULATION BY POLITICAL SUBDIVISIONS 32 Sec. 16. Section 724.28, subsections 2 and 3, Code 2021, are 33 amended to read as follows: 34 2. A political subdivision of the state shall not enact an 35 -8- LSB 1852YC (18) 89 js/rh 8/ 18
H.F. _____ ordinance, motion, resolution, policy, or amendment regulating 1 the ownership, possession, carrying, legal transfer, lawful 2 transportation, modification, registration, or licensing of 3 firearms, firearms attachments, or other weapons when the 4 ownership, possession, carrying, transfer, transportation, or 5 modification is otherwise lawful under the laws of this state. 6 An ordinance regulating firearms, firearms attachments, or 7 other weapons in violation of this section existing on or after 8 April 5, 1990, is void. 9 3. If a political subdivision of the state, prior to, on, 10 or after July 1, 2020, adopts, makes, enacts, or amends any 11 ordinance, measure, enactment, rule, resolution, motion, or 12 policy regulating the ownership, possession, carrying, legal 13 transfer, lawful transportation, modification, registration, 14 or licensing of firearms, firearms attachments, or other 15 weapons when the ownership, possession, carrying, transfer, 16 transportation, modification, registration, or licensing 17 of firearms, firearms attachments, or other weapons is 18 otherwise lawful under the laws of this state, a person 19 adversely affected by the ordinance, measure, enactment, rule, 20 resolution, motion, or policy may file suit in the appropriate 21 court for declaratory and injunctive relief and all damages 22 attributable to the violation. A court shall also award the 23 prevailing party in any such lawsuit reasonable attorney fees 24 and court costs. 25 DIVISION V 26 POSSESSION AND STORAGE OF A FIREARM BY A TENANT 27 Sec. 17. Section 562A.11, Code 2021, is amended to read as 28 follows: 29 562A.11 Prohibited provisions in rental agreements. 30 1. A rental agreement shall not provide that the tenant or 31 landlord does any of the following : 32 a. Agrees to waive or to forego rights or remedies under 33 this chapter provided that this restriction shall not apply to 34 rental agreements covering single family residences on land 35 -9- LSB 1852YC (18) 89 js/rh 9/ 18
H.F. _____ assessed as agricultural land and located in an unincorporated 1 area ; . 2 b. Authorizes a person to confess judgment on a claim 3 arising out of the rental agreement ; . 4 c. Agrees to pay the other party’s attorney fees ; or . 5 d. Agrees to the exculpation or limitation of any liability 6 of the other party arising under law or to indemnify the other 7 party for that liability or the associated costs connected 8 therewith . 9 1A. If the landlord receives rental assistance payments 10 under a rental assistance agreement administered by the 11 United States department of agriculture under the multifamily 12 housing rental assistance program under Tit. V of the federal 13 Housing Act of 1949, Pub. L. No. 81-171, or receives housing 14 assistance payments under a housing assistance payment contract 15 administered by the United States department of housing and 16 urban development under the housing choice voucher program, 17 the new construction program, the substantial rehabilitation 18 program, or the moderate rehabilitation program under section 8 19 of the United States Housing Act of 1937, Pub. L. No. 75-412, a 20 rental agreement shall not contain a provision or impose a rule 21 that requires a person to agree, as a condition of tenancy, to 22 a prohibition or restriction on the lawful ownership, use, or 23 possession of a firearm, a firearm component, or ammunition 24 within the tenant’s specific rental unit. A landlord may 25 impose reasonable restrictions related to the possession, 26 use, or transportation of a firearm, a firearm component, or 27 ammunition within common areas as long as those restrictions do 28 not circumvent the purpose of this subsection. A tenant shall 29 exercise reasonable care in the storage of a firearm, a firearm 30 component, or ammunition. This subsection does not apply to 31 any prohibition or restriction that is required by federal or 32 state law, rule, or regulation. 33 2. A provision prohibited by subsection 1 this section 34 included in a rental agreement is unenforceable. If a landlord 35 -10- LSB 1852YC (18) 89 js/rh 10/ 18
H.F. _____ willfully uses a rental agreement containing provisions known 1 by the landlord to be prohibited, a tenant may recover actual 2 damages sustained by the tenant and not more than three months’ 3 periodic rent and reasonable attorney fees. 4 Sec. 18. Section 562A.16, 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 562A.11. 12 Sec. 19. Section 562A.27A, 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 dwelling unit that the tenant rents does not 18 constitute a clear and present danger. 19 Sec. 20. Section 562B.11, Code 2021, is amended by adding 20 the following new subsection: 21 NEW SUBSECTION . 1A. If the landlord receives rental 22 assistance payments under a rental assistance agreement 23 administered by the United States department of agriculture 24 under the multifamily housing rental assistance program 25 under Tit. V of the federal Housing Act of 1949, Pub. L. 26 No. 81-171, or receives housing assistance payments under a 27 housing assistance payment contract administered by the United 28 States department of housing and urban development under the 29 housing choice voucher program, the new construction program, 30 the substantial rehabilitation program, or the moderate 31 rehabilitation program under section 8 of the United States 32 Housing Act of 1937, Pub. L. No. 75-412, a rental agreement 33 shall not contain a provision or impose a rule that requires a 34 person to agree, as a condition of tenancy, to a prohibition or 35 -11- LSB 1852YC (18) 89 js/rh 11/ 18
H.F. _____ restriction on the lawful ownership, use, or possession of a 1 firearm, a firearm component, or ammunition within the tenant’s 2 specific rental unit. A landlord may impose reasonable 3 restrictions related to the possession, use, or transportation 4 of a firearm, a firearm component, or ammunition within common 5 areas as long as those restrictions do not circumvent the 6 purpose of this subsection. A tenant shall exercise reasonable 7 care in the storage of a firearm, a firearm component, or 8 ammunition. This subsection does not apply to any prohibition 9 or restriction that is required by federal or state law, rule, 10 or regulation. 11 Sec. 21. Section 562B.11, subsection 2, Code 2021, is 12 amended to read as follows: 13 2. A provision prohibited by subsection 1 this section 14 included in a rental agreement is unenforceable. If a landlord 15 or tenant knowingly uses a rental agreement containing 16 provisions known to be prohibited by this chapter , the other 17 party may recover actual damages sustained. 18 Sec. 22. Section 562B.17, Code 2021, is amended by adding 19 the following new subsection: 20 NEW SUBSECTION . 3. Except in cases of willful, reckless, or 21 gross negligence, a landlord is not liable in a civil action 22 for personal injury, death, property damage, or other damages 23 resulting from or arising out of an occurrence involving a 24 firearm, a firearm component, or ammunition that the landlord 25 is required to allow on the property under section 562B.11. 26 Sec. 23. Section 562B.25A, subsection 2, paragraph b, Code 27 2021, is amended to read as follows: 28 b. Illegal use of a firearm or other weapon, the threat to 29 use a firearm or other weapon illegally, or possession of an 30 illegal firearm. The mere possession or storage of a firearm 31 by a tenant in the tenant’s dwelling unit does not constitute a 32 clear and present danger. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -12- LSB 1852YC (18) 89 js/rh 12/ 18
H.F. _____ the explanation’s substance by the members of the general assembly. 1 This bill relates to the acquisition and possession of 2 weapons. 3 DIVISION I —— ACQUIRING PISTOLS AND REVOLVERS. Current 4 law provides that any person who intends to purchase a pistol 5 or revolver is required to first obtain an annual permit to 6 acquire pistols or revolvers unless the person is otherwise 7 exempt from obtaining such a permit. It is the intent of the 8 bill to satisfy federal requirements of 18 U.S.C. §922(t)(3) 9 in order to acquire a pistol or revolver. The bill provides 10 that in order to acquire a pistol or revolver from a federally 11 licensed firearms dealer, an unlicensed person is required 12 to have a valid permit to acquire or a valid permit to carry 13 weapons issued in accordance with Code chapter 724 or the 14 person must complete a satisfactory national instant criminal 15 background check pursuant to 18 U.S.C. §922(t). The bill 16 provides that a valid permit to carry weapons or license issued 17 by another state to any nonresident of this state does not 18 satisfy the requirements to acquire a pistol or revolver in 19 this state. 20 Under the bill, a person is not eligible to acquire a pistol 21 or revolver if the person is less than 21 years of age except 22 when required for certain duties, is prohibited by Code section 23 724.26 (felon in possession of a firearm), federal law, or 24 by a court order from possessing, shipping, transporting, or 25 receiving a firearm. 26 The bill, in Code section 724.15, provides that a permit to 27 acquire firearms may be suspended or revoked by the issuing 28 officer and the aggrieved permit holder may file an appeal with 29 an administrative law judge under Code section 724.21A. 30 The bill strikes the language of current Code section 31 724.16, relating to transferring a pistol or revolver to a 32 person without a permit or acquiring a pistol or revolver 33 without a permit and substitutes language prohibiting the 34 transfer of a firearm to another person who does not possess a 35 -13- LSB 1852YC (18) 89 js/rh 13/ 18
H.F. _____ permit if the person knows or reasonably should know the person 1 is prohibited from receiving or possessing a firearm under Code 2 section 724.26 or federal law. The bill also provides that a 3 person shall not loan or rent a firearm to another person for 4 temporary use during lawful activities if the person knows or 5 reasonably should know the person is prohibited from receiving 6 or possessing a firearm under Code section 724.26 or federal 7 law. A person who violates this provision commits a class 8 “D” felony. Currently, a person who acquires ownership of a 9 pistol or revolver without a valid permit to acquire pistols 10 or revolvers or a person who transfers ownership of a pistol 11 or revolver to a person who does not have in the person’s 12 possession a valid permit to acquire pistols or revolvers 13 is guilty of an aggravated misdemeanor, except as otherwise 14 provided in Code section 724.15(2). 15 The bill makes a conforming change to Code section 724.27 16 relating to the restoration of firearms rights. 17 A class “D” felony, as referenced in the bill, is punishable 18 by confinement for no more than five years and a fine of at 19 least $1,025 but not more than $10,245. 20 DIVISION II —— CARRYING AND POSSESSING WEAPONS —— SCHOOL 21 GROUNDS —— EMERGENCY MEDICAL CARE PROVIDERS. Current law 22 requires department of administrative services rules to 23 prohibit a person, other than a peace officer, from openly 24 carrying a pistol or revolver in the capitol building and on 25 the grounds surrounding the capitol building including state 26 parking lots and parking garages unless the person displays 27 a valid permit to carry weapons upon request from capitol 28 security personnel. The bill removes the language requiring a 29 person to display a permit to carry weapons upon request. 30 The bill amends Code section 724.4 by striking the current 31 penalty for carrying dangerous weapons. Instead, the bill 32 amends the current crime of going armed with a knife in the 33 commission of a crime, an aggravated misdemeanor, to provide 34 that a person who goes armed with a dangerous weapon on or 35 -14- LSB 1852YC (18) 89 js/rh 14/ 18
H.F. _____ about the person, and who used the dangerous weapon in the 1 commission of a crime, commits an aggravated misdemeanor. 2 An aggravated misdemeanor is punishable by confinement for 3 no more than two years and a fine of at least $855 but not 4 more than $8,540. The bill makes a conforming change to Code 5 section 232.52(2) relating to the suspension or revocation of 6 a juvenile’s driver’s license or operating privilege and a 7 conforming change to Code section 724.2A due to the strike of 8 Code section 724.4 in the bill. The bill amends the offense of 9 carrying weapons on school grounds under Code section 724.4B to 10 create an offense of carrying firearms on school grounds and 11 to specifically include certain categories of persons who are 12 authorized to carry weapons on school grounds. 13 A person who goes armed with, carries, or transports a 14 firearm on the grounds of a school in violation of Code section 15 724.4B commits a class “D” felony. 16 The bill strikes Code section 724.5 relating to a person’s 17 duty to carry a valid permit to carry certain weapons for 18 which a permit has been issued to the person and replaces that 19 Code section with language providing that the availability 20 of a professional or nonprofessional permit to carry weapons 21 shall not be construed to impose a general prohibition on the 22 otherwise lawful unlicensed carrying or transport, whether 23 openly or concealed, of a dangerous weapon, including a loaded 24 firearm. 25 The bill specifies that a peace officer or reserve peace 26 officer including a peace officer or reserve peace officer 27 who has not been certified, and a federal officer when the 28 officer’s employment requires going armed, may go armed with, 29 carry, or transport a firearm on school grounds, whether or not 30 the officer is acting in the performance of official duties. 31 Current law restricts persons eligible to obtain a 32 professional permit to carry weapons to certain individuals 33 involved with investigation, security, valuable property 34 transportation, corrections, and other police work if the 35 -15- LSB 1852YC (18) 89 js/rh 15/ 18
H.F. _____ individual’s occupation reasonably justifies the individual 1 going armed. The bill allows an emergency medical care 2 provider to obtain a professional permit to carry weapons 3 if the emergency medical care provider is designated and 4 attached to a law enforcement tactical team by the authorities 5 having jurisdiction. Additionally, the emergency medical 6 care provider shall train with the tactical team, complete a 7 firearm safety training course that qualifies a peace officer 8 to carry a firearm in the normal course of the peace officer’s 9 duties, complete any additional training as prescribed by 10 the authorities having jurisdiction, and not be disqualified 11 from obtaining a professional or nonprofessional permit to 12 carry weapons. Notwithstanding a general prohibition, the 13 bill allows an employer of an emergency medical care provider 14 to require an emergency medical care provider to obtain 15 a professional permit to carry weapons as a condition of 16 employment if the emergency medical care provider accompanies 17 police tactical teams consistent with the bill. 18 By operation of law, a professional permit to carry weapons 19 will authorize an emergency medical care provider to go armed 20 anywhere in the state only while engaged in employment and 21 while going to and from the place of employment. An emergency 22 medical care provider shall submit an application and undergo 23 a criminal history background check prior to receiving a 24 professional permit to carry weapons. A professional permit 25 to carry weapons issued to an emergency medical care provider 26 shall expire 12 months after the date of issue. 27 DIVISION III —— HANDGUN SAFETY TRAINING. Current law 28 requires an applicant for an initial permit to carry weapons 29 to demonstrate knowledge of firearm safety. An applicant 30 may demonstrate knowledge of firearm safety by, among other 31 methods, completing any national rifle association handgun 32 safety training course or completing any handgun safety 33 training course available to the general public offered by 34 certain entities that utilize an instructor certified by the 35 -16- LSB 1852YC (18) 89 js/rh 16/ 18
H.F. _____ national rifle association. 1 The bill requires the department of public safety 2 (department) to adopt rules to approve additional organizations 3 that may certify an individual as an instructor eligible to 4 offer certain handgun safety training courses. The rules shall 5 require a handgun safety training instructor to apply to the 6 organization for recertification at least once every five 7 years. The rules shall also require the department to charge a 8 fee to cover the costs necessary to maintain a list of approved 9 organizations and a list of certified instructors. 10 The bill requires the department to maintain on the 11 department’s internet site applications for an organization 12 to receive approval to certify and recertify handgun safety 13 training instructors, a list of approved organizations 14 that certify handgun safety training instructors that shall 15 include the national rifle association, a list of certified 16 instructors, and general information relating to permits to 17 carry weapons, firearm safety, and training opportunities 18 currently available to the public. 19 DIVISION IV —— FIREARM REGULATION BY POLITICAL SUBDIVISIONS. 20 Current law prohibits a political subdivision from enacting 21 an ordinance, motion, resolution, policy, or amendment 22 regulating the ownership, possession, legal transfer, lawful 23 transportation, modification, registration, or licensing 24 of firearms, firearms attachments, or other weapons when 25 the ownership, possession, transfer, transportation, or 26 modification is otherwise lawful under the laws of this state. 27 The bill extends the prohibition to include carrying firearms, 28 firearms attachments, or other weapons when the ownership, 29 possession, transfer, transportation, or modification is 30 otherwise lawful. 31 DIVISION V —— POSSESSION AND STORAGE OF A FIREARM BY A 32 TENANT. When a landlord receives rental assistance payments 33 through certain federal programs, the bill prohibits the rental 34 agreement from including a provision or imposing a rule that 35 -17- LSB 1852YC (18) 89 js/rh 17/ 18
H.F. _____ requires a person to agree, as a condition of tenancy, to a 1 prohibition or restriction on the lawful ownership, use, or 2 possession of a firearm, a firearm component, or ammunition 3 within the tenant’s dwelling unit. In the context of a tenant 4 leasing a mobile home space, “dwelling unit” excludes the real 5 property used to accommodate a manufactured or mobile home. 6 A landlord may impose reasonable restrictions related to the 7 possession, use, or transportation of a firearm, a firearm 8 component, or ammunition within common areas as long as those 9 restrictions do not circumvent the purpose of the bill. The 10 bill requires a tenant to exercise reasonable care in the 11 storage of a firearm, a firearm component, or ammunition. The 12 prohibition on terms of a rental agreement does not apply to 13 any prohibition or restriction that is required by federal or 14 state law, rule, or regulation. 15 The bill provides that except in cases of willful, reckless, 16 or gross negligence, a landlord is not liable in a civil action 17 for personal injury, death, property damage, or other damages 18 resulting from or arising out of an occurrence involving a 19 firearm, a firearm component, or ammunition that the landlord 20 is required to allow on the property under the bill. The bill 21 provides that the mere possession or storage of a firearm by 22 a tenant in the dwelling unit does not constitute a clear and 23 present danger. 24 A provision in a rental agreement that violates the bill is 25 unenforceable. A tenant of a dwelling unit may recover from a 26 landlord actual damages sustained by the tenant, not more than 27 three months’ periodic rent, and reasonable attorney fees if 28 the landlord willfully uses a rental agreement that contains 29 provisions known by the landlord to be prohibited by the bill. 30 A tenant of a mobile home space may recover from a landlord 31 actual damages sustained if the landlord knowingly includes in 32 the rental agreement a provision known to be prohibited by the 33 bill. 34 -18- LSB 1852YC (18) 89 js/rh 18/ 18
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