HOUSE FILE 2113

BY  WINDSCHITL, BRANDENBURG, J. TAYLOR, SCHULTZ, HELLAND, CHAMBERS, ALONS, FRY, WAGNER, JORGENSEN, SWEENEY, HUSEMAN, SODERBERG, MASSIE, SHAW, PEARSON, and PETTENGILL

A BILL FOR

An Act relating to the carrying and possession of weapons and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.52, subsection 2, paragraph a, subparagraph (4), subparagraph division (a), subparagraph subdivision (viii), Code 2011, is amended to read as follows:
   (viii)  Section 724.4, if the child carried the dangerous weapon
 
used the knife in the commission of a crime on school grounds.
    Sec. 2.  Section 708.8, Code 2011, is amended to read as follows:
   708.8  Going armed with intent.
   A person who goes armed with any dangerous weapon with the intent to use without justification such weapon against the person of another commits a class “D” felony.

The intent required for a violation of this section shall not be inferred from the mere carrying or concealment of any dangerous weapon itself, including the carrying of a loaded firearm, whether in a vehicle or on or about a person’s body.
    Sec. 3.  Section 724.4, Code 2011, is amended by striking the section and inserting in lieu thereof the following:
   724.4  Use of a knife in the commission of a crime.
   A person who goes armed with a knife on or about the person, if the person uses the knife in the commission of a crime, commits an aggravated misdemeanor.
    Sec. 4.  Section 724.4B, Code 2011, is amended by striking the section and inserting in lieu thereof the following:
   724.4B  Carrying weapons on school grounds —— penalty —— exceptions.
   1.  A person who goes armed with, carries, or transports a firearm of any kind, whether concealed or not, on the grounds of a school commits a class “D” felony. For the purposes of this section, “school” means a public or nonpublic school as defined in section 280.2.
   2.  Subsection 1 does not apply to the following:
   a.  A person who has been specifically authorized by the school to go armed, carry, or transport a firearm on the school grounds, including for purposes of conducting an instructional program regarding firearms.
   b.  A peace officer, when the officer’s duties require the person to carry a firearm.
   c.  A member of the armed forces of the United States or of the national guard or person in the service of the United States, when the firearms are carried in connection with the person’s duties as such.
   d.  A correctional officer, when the officer’s duties require, serving under the authority of the Iowa department of corrections.
   e.  A person who for any lawful purpose carries an unloaded pistol, revolver, or other dangerous weapon inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person.
   f.  A person who for any lawful purpose carries or transports an unloaded pistol or revolver in a vehicle inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person or inside a cargo or luggage compartment where the pistol or revolver will not be readily accessible to any person riding in the vehicle or common carrier.
   g.  A law enforcement officer from another state when the officer’s duties require the officer to carry the firearm and the officer is in this state for any of the following reasons:
   (1)  The extradition or other lawful removal of a prisoner from this state.
   (2)  Pursuit of a suspect in compliance with chapter 806.
   (3)  Activities in the capacity of a law enforcement officer with the knowledge and consent of the chief of police of the city or the sheriff of the county in which the activities occur or of the commissioner of public safety.
    Sec. 5.  Section 724.4C, Code 2011, is amended to read as follows:
   724.4C  Possession or carrying of firearms while under the influence.
   1.  A permit issued under this chapter is invalid if the
 
Except as provided in subsection 2, a person to whom the permit is issued is
 
commits a serious misdemeanor if the person is intoxicated as provided
 
under the conditions set out in section 321J.2, subsection 1., and the person does any of the following:
   a.  Carries a dangerous weapon on or about the person.
   b.  Carries a weapon within the person’s immediate access or reach while in a vehicle.
   2.  This section shall not apply to any of the following:
   a.  A person who carries or possesses a dangerous weapon while in the person’s own dwelling, place of business, or on land owned or lawfully possessed by the person.
   b.  The transitory possession or use of a firearm during an act of justified self-defense or justified defense of another, provided that the possession lasts no longer than is immediately necessary to resolve the emergency.
    Sec. 6.  Section 724.5, Code 2011, is amended by striking the section and inserting in lieu thereof the following:
   724.5  Availability of permit not to be construed as prohibition on unlicensed carrying of weapons.
   The availability of a professional or nonprofessional permit to carry weapons under this chapter shall not be construed to impose a general prohibition on the unlicensed carrying, whether openly or concealed, of a deadly weapon, including a loaded firearm.
EXPLANATION
   This bill relates to the carrying and possession of weapons and provides penalties.
   The bill amends Code section 708.8, the crime of going armed with a dangerous weapon with intent, a class “D” felony, to provide that the intent element required for a violation of this crime shall not be inferred from the mere carrying or concealment of a dangerous weapon.
   The bill strikes Code section 724.4 relating to the crime of carrying dangerous weapons, an aggravated misdemeanor, and creates a new crime of going armed with a knife in the commission of a crime, an aggravated misdemeanor. The bill makes a conforming change to Code section 232.52, subsection 2, relating to the suspension or revocation of a juvenile’s driver’s license or operating privilege.
   The bill makes nonsubstantive changes to Code section 724.4B relating to the carrying of weapons on school grounds.
   The bill amends Code section 724.4C relating to the crime of possession or carrying of firearms while under the influence of alcohol or a drug. Current law invalidates a permit to carry weapons if the person to whom the permit is issued is intoxicated, as defined in Code section 321J.2, subsection 1 (while under the influence of an alcoholic beverage or other drug or a combination of such substances, while having an alcohol concentration of .08 or more, or while any amount of a controlled substance is present in the person, as measured in the person’s blood or urine). The bill amends this provision to provide that a person commits a serious misdemeanor if the person is intoxicated and the person either carries a dangerous weapon on or about the person or carries a dangerous weapon within the person’s immediate access or reach while in a vehicle. This crime does not apply to situations where a person carries or possesses a dangerous weapon while in the person’s own dwelling, place of business, or on the person’s land, and the transitory possession or use of a firearm during an act of justified self-defense or justified defense of another, if the possession of the firearm lasts no longer than immediately necessary to resolve the emergency.
   The bill strikes Code section 724.5 relating to a person’s duty to carry a valid permit to carry certain weapons for which a permit has been issued to the person and replaces that Code section to provide that the availability of a professional or nonprofessional permit to carry weapons shall not be construed to impose a general prohibition on the unlicensed carrying of a deadly weapon including a loaded firearm.