House Study Bill 254 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE ON
PUBLIC SAFETY BILL BY
CHAIRPERSON KLEIN)
A BILL FOR
1 An Act relating to the acquisition and possession of weapons
2 and providing penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 DIVISION I
2 ACQUIRING PISTOLS AND REVOLVERS
3 Section 1. Section 724.11A, Code 2021, is amended to read
4 as follows:
5 724.11A Recognition.
6 A valid permit or license issued by another state to any
7 nonresident of this state shall be considered to be a valid
8 permit or license to carry weapons issued pursuant to this
9 chapter, except that such permit or license shall not be
10 considered to be a substitute for a permit to acquire pistols
11 or revolvers issued pursuant to section 724.15 deemed to
12 satisfy the requirements of section 724.15.
13 Sec. 2. Section 724.15, Code 2021, is amended by striking
14 the section and inserting in lieu thereof the following:
15 724.15 Acquiring pistols or revolvers.
16 1. It is the intent of this section to satisfy federal
17 requirements of 18 U.S.C. §922(t)(3) in order to acquire
18 pistols or revolvers. In order to acquire a pistol or revolver
19 from a federally licensed firearms dealer, an unlicensed person
20 is required to have a valid permit to acquire or a valid permit
21 to carry weapons issued in accordance with this chapter or the
22 person must complete a satisfactory national instant criminal
23 background check pursuant to 18 U.S.C. §922(t).
24 2. A person shall not acquire a pistol or revolver who is
25 subject to any of the following:
26 a. Is under twenty-one years of age except for those persons
27 included in section 724.22, subsection 4, who acquire a pistol
28 or revolver when the person’s duty so requires.
29 b. Is prohibited by section 724.26 or federal law from
30 possessing, shipping, transporting, or receiving a firearm.
31 c. Is prohibited by court order from possessing, shipping,
32 transporting, or receiving a firearm.
33 3. An issuing officer who finds that a person issued a
34 permit to acquire pistols or revolvers under this chapter
35 has been arrested for a disqualifying offense or who is
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1 the subject of proceedings that could lead to the person’s
2 ineligibility for such permit, may immediately suspend such
3 permit. An issuing officer proceeding under this subsection
4 shall immediately notify the permit holder of the suspension
5 by personal service or certified mail on a form prescribed
6 and published by the commissioner of public safety and the
7 suspension shall become effective upon the permit holder’s
8 receipt of such notice. If the suspension is based on an
9 arrest or a proceeding that does not result in a disqualifying
10 conviction or finding against the permit holder, the issuing
11 officer shall immediately reinstate the permit upon receipt
12 of proof of the matter’s final disposition. If the arrest
13 leads to a disqualifying conviction or the proceedings to a
14 disqualifying finding, the issuing officer shall revoke the
15 permit. The issuing officer may also revoke the permit of a
16 person whom the issuing officer later finds was not qualified
17 for such a permit at the time of issuance or whom the officer
18 finds provided materially false information on the permit
19 application. A person aggrieved by a suspension or revocation
20 under this subsection may seek review of the decision pursuant
21 to section 724.21A.
22 Sec. 3. Section 724.16, Code 2021, is amended by striking
23 the section and inserting in lieu thereof the following:
24 724.16 Prohibited transfers of firearms.
25 1. A person shall not transfer a firearm to another person
26 if the person knows or reasonably should know that the other
27 person is prohibited from receiving or possessing a firearm
28 under section 724.26 or federal law.
29 2. A person shall not loan or rent a firearm to another
30 person for temporary use during lawful activities if the person
31 knows or reasonably should know that the person is prohibited
32 from receiving or possessing a firearm under section 724.26 or
33 federal law.
34 3. A person who transfers, loans, or rents a firearm in
35 violation of this section commits a class “D” felony.
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1 Sec. 4. Section 724.27, Code 2021, is amended to read as
2 follows:
3 724.27 Offenders’ rights restored.
4 1. The provisions of section 724.8, section 724.15,
5 subsection 1 2, and section 724.26 shall not apply to a person
6 who is eligible to have the person’s civil rights regarding
7 firearms restored under section 914.7 if any of the following
8 occur:
9 a. The person is pardoned by the President of the United
10 States or the chief executive of a state for a disqualifying
11 conviction.
12 b. The person’s civil rights have been restored after a
13 disqualifying conviction, commitment, or adjudication.
14 c. The person’s conviction for a disqualifying offense has
15 been expunged.
16 2. Subsection 1 shall not apply to a person whose pardon,
17 restoration of civil rights, or expungement of conviction
18 expressly forbids the person to receive, transport, or possess
19 firearms or destructive devices and a person not eligible to
20 have the person’s civil rights restored under section 914.7.
21 DIVISION II
22 CARRYING AND POSSESSING WEAPONS —— SCHOOL GROUNDS —— EMERGENCY
23 MEDICAL CARE PROVIDERS
24 Sec. 5. Section 8A.322, subsection 3, Code 2021, is amended
25 to read as follows:
26 3. The director shall establish, publish, and enforce
27 rules regulating and restricting the use by the public of the
28 capitol buildings and grounds and of the state laboratories
29 facility in Ankeny. The rules when established shall be
30 posted in conspicuous places about the capitol buildings and
31 grounds and the state laboratories facility, as applicable.
32 Any person violating any rule, except a parking regulation,
33 shall be guilty of a simple misdemeanor. The rules shall
34 prohibit a person, other than a peace officer, from openly
35 carrying a pistol or revolver in the capitol building and on
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1 the grounds surrounding the capitol building including state
2 parking lots and parking garages. However, this subsection
3 shall not be construed to allow the director to prohibit
4 the lawful carrying, transportation, or possession of any
5 pistol or revolver in the capitol building and on the grounds
6 surrounding the capitol building including state parking lots
7 and parking garages by a any person who displays to capitol
8 security personnel a valid permit to carry weapons upon request
9 regardless of whether the person has a valid permit to carry
10 weapons.
11 Sec. 6. Section 232.52, subsection 2, paragraph a,
12 subparagraph (4), subparagraph division (a), subparagraph
13 subdivision (viii), Code 2021, is amended to read as follows:
14 (viii) Section 724.4, if the child used the dangerous weapon
15 in the commission of a crime on school grounds.
16 Sec. 7. Section 724.2A, Code 2021, is amended to read as
17 follows:
18 724.2A Peace officer —— defined —— reserved peace officer
19 included.
20 As used in sections 724.4, 724.4B, 724.6, and 724.11, “peace
21 officer” includes a reserve peace officer as defined in section
22 80D.1A.
23 Sec. 8. Section 724.4, Code 2021, is amended by striking the
24 section and inserting in lieu thereof the following:
25 724.4 Use of a dangerous weapon in the commission of a crime.
26 A person who goes armed with a dangerous weapon on or about
27 the person, and who uses the dangerous weapon in the commission
28 of a crime, commits an aggravated misdemeanor.
29 Sec. 9. Section 724.4B, Code 2021, is amended by striking
30 the section and inserting in lieu thereof the following:
31 724.4B Carrying firearms on school grounds —— penalty ——
32 exceptions.
33 1. A person who goes armed with, carries, or transports a
34 firearm of any kind, whether concealed or not, on the grounds
35 of a school commits a class “D” felony. For the purposes of
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1 this section, “school” means a public or nonpublic school as
2 defined in section 280.2.
3 2. Subsection 1 does not apply to the following:
4 a. A person who has been specifically authorized by the
5 school to go armed with, carry, or transport a firearm on the
6 school grounds for any lawful purpose.
7 b. A peace officer including a peace officer who has
8 not been certified and a federal officer when the officer’s
9 employment requires going armed, whether or not the peace
10 officer or federal officer is acting in the performance of
11 official duties.
12 c. A member of the armed forces of the United States or
13 of the national guard or person in the service of the United
14 States, when the firearm is carried in connection with the
15 person’s duties as such.
16 d. A correctional officer, when the officer’s duties require
17 the officer to carry a firearm, serving under the authority of
18 the Iowa department of corrections.
19 e. A person who for any lawful purpose carries an unloaded
20 pistol, revolver, or other firearm inside a closed and fastened
21 container or securely wrapped package that is too large to be
22 concealed on the person.
23 f. A person who for any lawful purpose carries or
24 transports an unloaded pistol, revolver, or other firearm
25 in a vehicle or common carrier inside a closed and fastened
26 container or securely wrapped package that is too large to be
27 concealed on the person or carries or transports an unloaded
28 pistol, revolver, or other firearm inside a cargo or luggage
29 compartment where the pistol or revolver will not be readily
30 accessible to any person riding in the vehicle or common
31 carrier.
32 g. A law enforcement officer from another state when the
33 officer’s duties require the officer to carry a firearm and the
34 officer is in this state for any of the following reasons:
35 (1) The extradition or other lawful removal of a prisoner
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1 from this state.
2 (2) Pursuit of a suspect in compliance with chapter 806.
3 (3) Activities in the capacity of a law enforcement officer
4 with the knowledge and consent of the chief of police of the
5 city or the sheriff of the county in which the activities occur
6 or of the commissioner of public safety.
7 h. A licensee under chapter 80A or an employee of such
8 a licensee, while the licensee or employee is engaged in
9 the performance of duties, and if the licensee or employee
10 possesses a valid professional or nonprofessional permit to
11 carry weapons issued pursuant to this chapter.
12 Sec. 10. Section 724.5, Code 2021, is amended by striking
13 the section and inserting in lieu thereof the following:
14 724.5 Availability of permit not to be construed as
15 prohibition on unlicensed carrying of weapons.
16 The availability of a professional or nonprofessional permit
17 to carry weapons under this chapter shall not be construed to
18 impose a general prohibition on the otherwise lawful unlicensed
19 carrying or transport, whether openly or concealed, of a
20 dangerous weapon, including a loaded firearm.
21 Sec. 11. Section 724.6, subsection 1, paragraph a, Code
22 2021, is amended to read as follows:
23 a. (1) A person may be issued a permit to carry weapons
24 when the person’s employment in a private investigation
25 business or private security business licensed under chapter
26 80A, or a person’s employment as a peace officer, correctional
27 officer, security guard, bank messenger or other person
28 transporting property of a value requiring security, or in
29 police work, reasonably justifies that person going armed.
30 (2) A person may be issued a permit to carry weapons
31 if the person is an emergency medical care provider who is
32 designated and attached to a law enforcement tactical team by
33 the authorities having jurisdiction. A person issued a permit
34 to carry weapons under this paragraph shall train with the law
35 enforcement tactical team the person is designated and attached
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1 to, complete a prescribed firearm safety training course
2 offered pursuant to section 724.9, subsection 1, paragraph
3 “e”, complete any additional training as prescribed by the
4 authorities having jurisdiction, and not be disqualified under
5 section 724.8.
6 Sec. 12. Section 724.6, subsection 2, Code 2021, is amended
7 to read as follows:
8 2. Notwithstanding subsection 1, fire fighters, as defined
9 in section 411.1, subsection 10, airport fire fighters included
10 under section 97B.49B, and emergency medical care providers,
11 as defined in section 147A.1 other than emergency medical
12 care providers specified in subsection 1, paragraph “a”,
13 subparagraph (2), shall not, as a condition of employment,
14 be required to obtain a permit under this section. However,
15 the provisions of this subsection shall not apply to a person
16 designated as an arson investigator by the chief fire officer
17 of a political subdivision.
18 Sec. 13. Section 724.6, Code 2021, is amended by adding the
19 following new subsection:
20 NEW SUBSECTION. 3. For purposes of this section, “emergency
21 medical care provider” means the same as defined in section
22 147A.1.
23 DIVISION III
24 HANDGUN SAFETY TRAINING
25 Sec. 14. Section 724.9, subsection 1, paragraphs a and b,
26 Code 2021, are amended to read as follows:
27 a. Completion of any national rifle association handgun
28 safety training course or a handgun safety training course
29 offered by an instructor certified by an organization approved
30 by the department of public safety pursuant to section 724.9A.
31 b. Completion of any handgun safety training course
32 available to the general public offered by a law enforcement
33 agency, community college, college, private or public
34 institution or organization, or firearms training school,
35 utilizing instructors certified by the national rifle
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1 association or an organization approved by the department of
2 public safety pursuant to section 724.9A or another state’s
3 department of public safety, state police department, or
4 similar certifying body.
5 Sec. 15. NEW SECTION. 724.9A Approval of organizations that
6 may certify handgun safety training instructors.
7 1. The department of public safety shall adopt rules to
8 approve organizations that may certify individuals as handgun
9 safety training instructors eligible to offer a handgun safety
10 training course under section 724.9, subsection 1, paragraphs
11 “a” and “b”. The rules shall require a handgun safety training
12 instructor to apply to the organization for recertification at
13 least once every five years and shall require the organization
14 to pay a fee to cover costs necessary to maintain a list of
15 approved organizations and certified instructors.
16 2. The department shall maintain on the department’s
17 internet site the following resources:
18 a. Applications for an organization to receive approval to
19 certify and recertify handgun safety training instructors.
20 b. A list of organizations approved under this section
21 that certify handgun safety training instructors that shall
22 include the national rifle association, and a list of certified
23 instructors. The department shall use an interface that allows
24 a user to sort the lists in a manner that provides convenience
25 to the user, such as but not limited to sorting by geographic
26 location or online instruction as opposed to in-person,
27 hands-on instruction.
28 c. General information relating to permits to carry weapons,
29 firearm safety, and training opportunities currently available