House Study Bill 173 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE ON
PUBLIC SAFETY BILL BY
CHAIRPERSON THOMPSON)
A BILL FOR
1 An Act relating to the transferring, carrying, transportation,
2 and possession of weapons by certain persons and in certain
3 locations, and including effective date provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 DIVISION I
2 EMPLOYER POLICIES REGARDING FIREARMS AND AMMUNITION ——
3 DEPARTMENT OF CORRECTIONS AND OTHER DETENTION FACILITIES ——
4 PARKING LOTS
5 Section 1. Section 719.7, subsection 3, paragraph a, Code
6 2023, is amended to read as follows:
7 a. Knowingly introduces contraband into, or onto, the
8 grounds of a secure facility for the detention or custody
9 of juveniles, detention facility, jail, community-based
10 correctional facility, correctional institution, or institution
11 under the management of the department of corrections. This
12 paragraph does not prohibit the otherwise lawful carrying,
13 transportation, or possession of a firearm or ammunition if
14 the firearm or ammunition remains out of sight and inside a
15 locked vehicle on the real property comprising the publicly
16 accessible, nonsecure parking lot of the facility, jail, or
17 institution.
18 Sec. 2. NEW SECTION. 724.4F Limitation on employers ——
19 firearms and ammunition.
20 1. For purposes of this section:
21 a. “Employee” means the same as defined in section 91A.2.
22 “Employee” also includes a contract employee or volunteer.
23 b. “Place of employment” includes any property, including
24 a secure parking lot, that is used for parking motor vehicles
25 and is available to an employer’s customers, employees, or
26 invitees for temporary or long-term parking or storage of motor
27 vehicles.
28 2. An employer shall not prohibit an employee from carrying,
29 transporting, or possessing a firearm or ammunition if the
30 firearm and ammunition are out of sight and inside a locked,
31 privately owned motor vehicle on the real property comprising
32 the employee’s place of employment and if the carrying,
33 transportation, or possession of the firearm or ammunition is
34 otherwise lawful under the laws of this state.
35 3. An employer, owner, or lawful possessor of the property
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1 on which the employer is located shall be immune from any
2 claim, cause of action, or lawsuit brought by any person
3 seeking damages that are alleged, directly or indirectly, as a
4 result of any firearm or ammunition brought onto the property
5 of the employer, owner, or lawful possessor by an employee
6 pursuant to this section.
7 4. An employer may prohibit an employee from carrying,
8 transporting, or possessing a firearm or ammunition in a
9 vehicle owned or leased by the employer or otherwise under the
10 employer’s control or possession.
11 5. The prohibitions in this section shall apply to all
12 private employers and to all state and local governmental
13 entities of this state as defined in section 8A.101.
14 6. This section shall not apply to the extent that it
15 violates federal or other state law or the terms of a contract
16 with a federal entity.
17 Sec. 3. EFFECTIVE DATE. This division of this Act, being
18 deemed of immediate importance, takes effect upon enactment.
19 DIVISION II
20 FIREARMS ON SCHOOL PROPERTY
21 Sec. 4. NEW SECTION. 285.17 Weapons in school vehicles
22 transporting pupils.
23 When transportation is provided pursuant to this chapter,
24 a driver shall not permit firearms or other weapons, nor
25 ammunition, to be carried in the passenger compartment of any
26 school vehicle transporting pupils except when the school
27 district or nonpublic school authorizes or directs a person
28 to carry, transport, or possess a firearm, other weapon, or
29 ammunition in the school vehicle.
30 Sec. 5. Section 724.4B, subsection 2, Code 2023, is amended
31 by adding the following new paragraphs:
32 NEW PARAGRAPH. i. A person, whether a driver or passenger
33 and including a person authorized or directed pursuant to
34 section 285.17, while the person is dropping off or picking
35 up from a school a student, staff member, or other person
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1 having business at the school, or while the person is making
2 a delivery or pickup at a school, who has in the person’s
3 possession a valid permit to carry weapons issued pursuant
4 to section 724.7, while going armed with, carrying, or
5 transporting a concealed pistol or revolver if the concealed
6 pistol or revolver remains in the vehicle and the vehicle
7 remains on the portion of the grounds of the school that
8 comprises its driveways and parking areas.
9 NEW PARAGRAPH. j. A person retired under chapter 97A
10 or 411, or section 97B.49B or 97B.49C, after service as a
11 peace officer who retired in good standing, who maintains
12 certification, and who, during the most recent twelve-month
13 period, has met the standards for qualifications in firearm
14 safety training determined by the state agency or political
15 subdivision that the person formerly served.
16 Sec. 6. EFFECTIVE DATE. This division of this Act, being
17 deemed of immediate importance, takes effect upon enactment.
18 DIVISION III
19 DANGEROUS WEAPONS IN VEHICLES AT REGENTS UNIVERSITIES AND
20 COMMUNITY COLLEGE CAMPUSES
21 Sec. 7. NEW SECTION. 260C.14B Limitation on authority ——
22 dangerous weapons.
23 The board of directors of a community college shall comply
24 with the requirements of section 724.8C regarding policies and
25 rules relating to the carrying, transportation, or possession
26 of dangerous weapons, as defined in section 702.7, in a
27 personal vehicle on the grounds of the community college.
28 Sec. 8. NEW SECTION. 262.9E Limitation on authority ——
29 dangerous weapons.
30 The state board of regents shall comply with the
31 requirements of section 724.8C regarding policies and rules
32 relating to the carrying, transportation, or possession of
33 dangerous weapons, as defined in section 702.7, in a personal
34 vehicle on the grounds of a university under the control of the
35 state board of regents.
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1 Sec. 9. NEW SECTION. 724.8C Limitation on authority ——
2 dangerous weapons —— public universities and community colleges.
3 The governing board of a university under the control
4 of the state board of regents as provided in chapter 262
5 or a community college under the jurisdiction of a board
6 of directors for a merged area as provided in chapter 260C
7 shall not adopt or enforce any policy or rule that prohibits
8 the carrying, transportation, or possession of any dangerous
9 weapon, as defined in section 702.7, in a personal vehicle on
10 the grounds of such a college or university if the dangerous
11 weapon is not visible from outside of the vehicle and such
12 carrying, transportation, or possession is not otherwise
13 prohibited under this chapter. A governing board of a
14 university or community college shall be immune from any
15 claim, cause of action, or lawsuit by a person seeking damages
16 that are alleged, directly or indirectly, as a result of
17 any concealed dangerous weapon brought onto the grounds of
18 a university or college campus by a person pursuant to this
19 section.
20 DIVISION IV
21 INSURANCE COVERAGE —— FIREARMS ON SCHOOL GROUNDS
22 Sec. 10. NEW SECTION. 515.80 Nondenial of property and
23 casualty insurance —— schools.
24 1. For purposes of this section, unless the context
25 otherwise requires:
26 a. “Authorized insurer” means an insurer authorized by
27 the commissioner of insurance to write property and casualty
28 insurance under a certificate of authority issued by the
29 commissioner to transact insurance in this state.
30 b. “School” means a public or nonpublic school as defined
31 in section 280.2.
32 2. No later than December 31, 2023, the commissioner of
33 insurance shall adopt rules that prohibit an authorized insurer
34 from denying property and casualty insurance to a school
35 based solely on the presence of a person authorized under
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1 section 724.4B, subsection 2, going armed with, carrying, or
2 transporting a firearm on the grounds of a school.
3 3. The rules adopted by the commissioner of insurance under
4 subsection 2 shall apply to all authorized insurers that, on or
5 after January 1, 2024, deliver, issue for delivery, continue,
6 or renew a property and casualty contract in this state for a
7 school.
8 DIVISION V
9 GUNS IN VEHICLES ON PUBLIC HIGHWAYS
10 Sec. 11. Section 805.8B, subsection 3, paragraph q, Code
11 2023, is amended by striking the paragraph.
12 Sec. 12. REPEAL. Section 483A.36, Code 2023, is repealed.
13 Sec. 13. EFFECTIVE DATE. This division of this Act, being
14 deemed of immediate importance, takes effect upon enactment.
15 DIVISION VI
16 SUSPENSION AND REVOCATION OF PERMITS
17 Sec. 14. Section 724.13, subsection 1, Code 2023, is amended
18 to read as follows:
19 1. An issuing officer who finds that a person issued a
20 permit to carry weapons under this chapter has been arrested
21 for a disqualifying offense or is the subject of proceedings
22 that could lead to the person’s ineligibility for such permit
23 may immediately suspend such permit. An issuing officer
24 proceeding under this section shall immediately notify
25 the permit holder of the suspension by personal service or
26 certified mail on a form prescribed and published by the
27 commissioner of public safety and the suspension shall become
28 effective upon the permit holder’s receipt of such notice. If
29 the suspension is based on an arrest or a proceeding that does
30 not result in a disqualifying conviction or finding against
31 the permit holder, the issuing officer shall immediately
32 reinstate the permit upon receipt of proof of the matter’s
33 final disposition. If the arrest leads to a disqualifying
34 conviction or the proceedings to a disqualifying finding, the
35 issuing officer shall revoke the permit. The issuing officer
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1 may also revoke the permit of a person whom the issuing officer
2 later finds was not qualified for such a permit at the time
3 of issuance or who whom the officer finds provided materially
4 false information on the permit application. A person
5 aggrieved by a suspension or revocation under this section may
6 seek review of the decision pursuant to section 724.21A.
7 Sec. 15. Section 724.15, subsection 3, Code 2023, is amended
8 to read as follows:
9 3. An issuing officer who finds that a person issued a
10 permit to acquire pistols or revolvers under this chapter has
11 been arrested for a disqualifying offense or is the subject of
12 proceedings that could lead to the person’s ineligibility for
13 such permit may immediately suspend such permit. An issuing
14 officer proceeding under this subsection shall immediately
15 notify the permit holder of the suspension by personal service
16 or certified mail on a form prescribed and published by the
17 commissioner of public safety and the suspension shall become
18 effective upon the permit holder’s receipt of such notice. If
19 the suspension is based on an arrest or a proceeding that does
20 not result in a disqualifying conviction or finding against
21 the permit holder, the issuing officer shall immediately
22 reinstate the permit upon receipt of proof of the matter’s
23 final disposition. If the arrest leads to a disqualifying
24 conviction or the proceedings to a disqualifying finding, the
25 issuing officer shall revoke the permit. The issuing officer
26 may also revoke the permit of a person whom the issuing officer
27 later finds was not qualified for such a permit at the time of
28 issuance or whom the officer finds provided materially false
29 information on the permit application. A person aggrieved by a
30 suspension or revocation under this subsection may seek review
31 of the decision pursuant to section 724.21A.
32 DIVISION VII
33 CARRYING WEAPONS ON STATE FAIRGROUNDS
34 Sec. 16. NEW SECTION. 724.33 Carrying weapons on state
35 fairgrounds.
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1 The state fair board established in chapter 173 may restrict
2 the carrying, possession, or transportation of firearms or
3 other dangerous weapons on property under the state fair
4 board’s control if adequate arrangements are made by the state
5 fair board to screen persons for firearms or other dangerous
6 weapons and the state fair board provides armed security
7 personnel on the property where the restriction is to be in
8 effect.
9 DIVISION VIII
10 CARRYING FIREARMS ON SNOWMOBILES AND ALL-TERRAIN VEHICLES
11 Sec. 17. Section 321G.13, subsection 2, Code 2023, is
12 amended to read as follows:
13 2. a. A person shall not operate or ride a snowmobile with
14 a firearm in the person’s possession unless it is unloaded and
15 enclosed in a carrying case, except as otherwise provided.
16 However, a nonambulatory person may carry an uncased and
17 unloaded firearm while operating or riding a snowmobile.
18 b. (1) A person may operate or ride a snowmobile with a
19 loaded firearm, whether concealed or not, without a permit to
20 carry weapons, if the person operates or rides on land owned,
21 possessed, or rented by the person and the person’s conduct is
22 otherwise lawful.
23 (2) A person may operate or ride a snowmobile with a loaded
24 pistol or revolver, whether concealed or not, if the person is
25 operating or riding the snowmobile on land that is not owned,
26 possessed, or rented by the person, and the person’s conduct is
27 otherwise lawful.
28 c. A person shall not discharge a firearm while on a
29 snowmobile, except that a nonambulatory person may discharge a
30 firearm from a snowmobile while lawfully hunting if the person
31 is not operating or riding a moving snowmobile.
32 Sec. 18. Section 321I.14, subsection 2, Code 2023, is
33 amended to read as follows:
34 2. a. A person shall not operate or ride an all-terrain
35 vehicle with a firearm in the person’s possession unless it is
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1 unloaded and enclosed in a carrying case, except as otherwise
2 provided. However, a nonambulatory person may carry an uncased
3 and unloaded firearm while operating or riding an all-terrain
4 vehicle.
5 b. (1) A person may operate or ride an all-terrain vehicle
6 with a loaded firearm, whether concealed or not, without a
7 permit to carry weapons, if the person operates or rides on
8 land owned, possessed, or rented by the person and the person’s
9 conduct is otherwise lawful.
10 (2) A person may operate or ride an all-terrain vehicle with
11 a loaded pistol or revolver, whether concealed or not, if the
12 person is operating or riding the all-terrain vehicle on land
13 that is not owned, possessed, or rented by the person, and the
14 person’s conduct is otherwise lawful.
15 c. A person shall not discharge a firearm while on an
16 all-terrain vehicle, except that a nonambulatory person may
17 discharge a firearm from an all-terrain vehicle while lawfully
18 hunting if the person is not operating or riding a moving
19 all-terrain vehicle.
20 Sec. 19. EFFECTIVE DATE. This division of this Act, being
21 deemed of immediate importance, takes effect upon enactment.
22 DIVISION IX
23 FIREARMS ON PROPERTIES LICENSED TO CONDUCT GAMBLING GAMES OR
24 SPORTS WAGERING
25 Sec. 20. NEW SECTION. 99D.7A Limitations on rules.
26 Rules adopted pursuant to section 99D.7 shall not prohibit
27 a licensee from authorizing a person to possess a firearm on
28 the licensee’s property. This subsection does not prohib