Senate File 162 - Introduced SENATE FILE 162 BY SORENSON , CHELGREN , JOHNSON , BERTRAND , WHITVER , ZAUN , HAHN , BACON , ANDERSON , HAMERLINCK , FEENSTRA , ERNST , and SMITH (COMPANION TO LSB 1527HH BY PEARSON) A BILL FOR An Act relating to the carrying of weapons including provisions 1 relating to permits to carry weapons and providing a 2 penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1527SS (11) 84 rh/rj

S.F. 162 Section 1. Section 80A.13, Code 2011, is amended to read as 1 follows: 2 80A.13 Campus weapon requirements. 3 An individual employed by a college or university, or by a 4 private security business holding a contract with a college or 5 university, who performs private security duties on a college 6 or university campus and who carries a weapon while performing 7 these duties shall meet all of the following requirements: 8 1. File with the sheriff of the county in which the campus 9 is located evidence that the individual has successfully 10 completed an approved firearms training program under section 11 724.9 . This requirement does not apply to armored car 12 personnel. 13 2. Possess a permit to carry weapons issued by the sheriff 14 of the county in which the campus is located under sections 15 724.6 through 724.11 . This requirement does not apply to 16 armored car personnel. 17 3. File file with the sheriff of the county in which the 18 campus is located a sworn affidavit from the employer outlining 19 the nature of the duties to be performed and justification of 20 the need to go armed. 21 Sec. 2. Section 724.4, Code 2011, is amended to read as 22 follows: 23 724.4 Carrying weapons. 24 1. Except as otherwise provided in this section , a person 25 who goes armed with a dangerous weapon concealed on or about 26 the person, or who, within the limits of any city, goes 27 armed with a pistol or revolver, or any loaded firearm of 28 any kind, whether concealed or not, or who knowingly carries 29 or transports in a vehicle a pistol or revolver, commits 30 an aggravated misdemeanor. A person who goes armed with a 31 dangerous weapon with the intent to commit a crime of violence 32 commits a class “D” felony. This subsection applies regardless 33 of whether the dangerous weapon is concealed or not concealed 34 on or about the person and regardless of whether the dangerous 35 -1- LSB 1527SS (11) 84 rh/rj 1/ 10

S.F. 162 weapon is transported in a vehicle. For purposes of this 1 subsection, “crime of violence” means a felony which has, as an 2 element of the offense, the use of physical force by one person 3 against another person. 4 2. A person who goes armed with a knife concealed on 5 or about the person, if the person uses the knife in the 6 commission of a crime, commits an aggravated misdemeanor. 7 3. A person who goes armed with a knife concealed on or 8 about the person, if the person does not use the knife in the 9 commission of a crime: 10 a. If the knife has a blade exceeding eight inches in 11 length, commits an aggravated misdemeanor. 12 b. If the knife has a blade exceeding five inches but 13 not exceeding eight inches in length, commits a serious 14 misdemeanor. 15 4. Subsections 1 through 3 do not apply to any of the 16 following: 17 a. A person who for any lawful purpose goes armed with 18 a dangerous weapon in the person’s own dwelling or place of 19 business, or on land owned or possessed by the person. 20 b. A peace officer, when the officer’s duties require the 21 person to carry such weapons. 22 c. A member of the armed forces of the United States or 23 of the national guard or person in the service of the United 24 States, when the weapons are carried in connection with the 25 person’s duties as such. 26 d. A correctional officer, when the officer’s duties 27 require, serving under the authority of the Iowa department of 28 corrections. 29 e. c. A person who for any lawful purpose carries an 30 unloaded pistol, revolver, or other dangerous weapon inside a 31 closed and fastened container or securely wrapped package which 32 is too large to be concealed on the person. 33 f. A person who for any lawful purpose carries or transports 34 an unloaded pistol or revolver in a vehicle inside a closed 35 -2- LSB 1527SS (11) 84 rh/rj 2/ 10

S.F. 162 and fastened container or securely wrapped package which is 1 too large to be concealed on the person or inside a cargo 2 or luggage compartment where the pistol or revolver will not 3 be readily accessible to any person riding in the vehicle or 4 common carrier. 5 g. A person while the person is lawfully engaged in target 6 practice on a range designed for that purpose or while actually 7 engaged in lawful hunting. 8 h. d. A person who carries a knife used in hunting or 9 fishing, while actually engaged in lawful hunting or fishing. 10 i. A person who has in the person’s possession and who 11 displays to a peace officer on demand a valid permit to carry 12 weapons which has been issued to the person, and whose conduct 13 is within the limits of that permit. A person shall not be 14 convicted of a violation of this section if the person produces 15 at the person’s trial a permit to carry weapons which was valid 16 at the time of the alleged offense and which would have brought 17 the person’s conduct within this exception if the permit had 18 been produced at the time of the alleged offense. 19 j. e. A law enforcement officer from another state when the 20 officer’s duties require the officer to carry the weapon and 21 the officer is in this state for any of the following reasons: 22 (1) The extradition or other lawful removal of a prisoner 23 from this state. 24 (2) Pursuit of a suspect in compliance with chapter 806 . 25 (3) Activities in the capacity of a law enforcement officer 26 with the knowledge and consent of the chief of police of the 27 city or the sheriff of the county in which the activities occur 28 or of the commissioner of public safety. 29 k. f. A person engaged in the business of transporting 30 prisoners under a contract with the Iowa department of 31 corrections or a county sheriff, a similar agency from another 32 state, or the federal government. 33 Sec. 3. Section 724.4B, subsection 2, paragraph a, Code 34 2011, is amended to read as follows: 35 -3- LSB 1527SS (11) 84 rh/rj 3/ 10

S.F. 162 a. A person listed under section 724.4, subsection 4, 1 paragraphs paragraph “b” through “f” , “c” , or “j” “e” . 2 Sec. 4. Section 724.6, Code 2011, is amended to read as 3 follows: 4 724.6 Professional permit to carry weapons. 5 1. A person may be issued a permit to carry weapons 6 when the person’s employment who is employed in a private 7 investigation business or private security business licensed 8 under chapter 80A , or a person’s employment as a peace officer, 9 correctional officer, security guard, bank messenger or other 10 person transporting property of a value requiring security, 11 or in police work, whose employment reasonably justifies that 12 person going armed , shall not, as a condition of employment, 13 be required to obtain a permit to carry weapons under this 14 section but shall be issued a permit to carry weapons under 15 this section if the person chooses to apply for the permit 16 and meets the requirements of sections 724.8 through 724.10 . 17 The permit shall be on a form prescribed and published by the 18 commissioner of public safety, shall identify the holder, 19 and shall state the nature of the employment requiring the 20 holder to go armed. A permit so issued, other than to a peace 21 officer, shall authorize state that the person to whom it is 22 issued is authorized to go armed anywhere in the state, only 23 while engaged in the employment, and while going to and from 24 the place of the employment. A permit issued to a certified 25 peace officer shall authorize state that the peace officer is 26 authorized to go armed anywhere in the state at all times. 27 Permits shall expire twelve months five years after the date 28 when issued except that permits issued to peace officers and 29 correctional officers are valid through the officer’s period of 30 employment unless otherwise canceled. When the employment is 31 terminated, the holder of the permit shall surrender it to the 32 issuing officer for cancellation. 33 2. Notwithstanding subsection 1 , fire fighters, as defined 34 in section 411.1, subsection 10 , airport fire fighters included 35 -4- LSB 1527SS (11) 84 rh/rj 4/ 10

S.F. 162 under section 97B.49B , and emergency medical care providers, 1 as defined in section 147A.1 , shall not, as a condition of 2 employment, be required to obtain a permit under this section . 3 However, the provisions of this subsection shall not apply to a 4 person designated as an arson investigator by the chief fire 5 officer of a political subdivision. 6 Sec. 5. Section 724.7, subsection 1, Code 2011, is amended 7 to read as follows: 8 1. Any A person who is not disqualified under section 724.8 , 9 otherwise prohibited from possessing or transporting a firearm 10 and who satisfies the training requirements of section 724.9 , 11 and who files an application in accordance with section 724.10 12 meets the requirements in sections 724.8 through 724.10 shall 13 be issued a nonprofessional permit to carry weapons if the 14 person chooses to apply for such a permit . Such permits shall 15 be on a form prescribed and published by the commissioner of 16 public safety, which shall be readily distinguishable from 17 the professional permit, and shall identify the holder of the 18 permit. Such permits shall not be issued for a particular 19 weapon and shall not contain information about a particular 20 weapon including the make, model, or serial number of the 21 weapon or any ammunition used in that weapon. All permits so 22 issued shall be for a period of five years and shall be valid 23 throughout the state except where the possession or carrying of 24 a firearm is prohibited by state or federal law . 25 Sec. 6. Section 724.8, Code 2011, is amended by striking the 26 section and inserting in lieu thereof the following: 27 724.8 Persons ineligible for permit to carry weapons. 28 An applicant for a permit to carry a weapon pursuant to 29 section 724.6 or 724.7 who is otherwise prohibited by state or 30 federal law from possessing or transporting a firearm shall not 31 be eligible for a permit to carry weapons. 32 Sec. 7. Section 724.9, Code 2011, is amended by striking the 33 section and inserting in lieu thereof the following: 34 724.9 Firearm training program. 35 -5- LSB 1527SS (11) 84 rh/rj 5/ 10

S.F. 162 A training program to qualify persons in the safe use of 1 firearms shall be provided by the issuing officer of permits, 2 as provided in section 724.11. The county sheriff or the 3 commissioner of public safety conducting the training program 4 within their respective jurisdictions shall contract with a 5 private individual or a professional organization who shall 6 conduct the training consistent with the standards set forth 7 by the national rifle association to provide such training. 8 Any person eligible to be issued a permit to carry weapons 9 may enroll in such course. A fee sufficient to cover the 10 cost of the program may be charged to each person attending. 11 Certificates of completion, on a form prescribed and published 12 by the commissioner of public safety, shall be issued to each 13 person who successfully completes the program. A person shall 14 not be issued either a professional or nonprofessional permit 15 unless the person has received a certificate of completion 16 or is a certified peace officer. An applicant shall not be 17 required to shoot any weapon as a provision of passing a 18 training program pursuant to this section. 19 Sec. 8. Section 724.11, Code 2011, is amended to read as 20 follows: 21 724.11 Issuance of permit to carry weapons. 22 1. Applications An application for permits a permit to 23 carry weapons shall , if made, be made to the sheriff of the 24 county in which the applicant resides. Applications for 25 professional permits to carry weapons for persons who are 26 nonresidents of the state, or whose need to go armed arises 27 out of employment by the state, if made, shall be made to the 28 commissioner of public safety. In either case, the sheriff 29 or commissioner, before issuing the permit, shall determine 30 that the requirements of sections 724.6 to 724.10 have been 31 satisfied and the applicant is not otherwise prohibited 32 by state or federal law from possessing or transporting a 33 firearm . However, for renewal of a permit the training program 34 requirements in section 724.9 , subsection 1 , shall apply 35 -6- LSB 1527SS (11) 84 rh/rj 6/ 10

S.F. 162 or the renewal applicant may choose to qualify on a firing 1 range under the supervision of an instructor certified by the 2 national rifle association or the department of public safety 3 or another state’s department of public safety, state police 4 department, or similar certifying body. Such training or 5 qualification must occur within the twelve-month period prior 6 to the expiration of the applicant’s current permit. 7 2. Neither the sheriff nor the commissioner shall require an 8 applicant for a permit to carry weapons to provide information 9 identifying a particular weapon in the application including 10 the make, model, or serial number of the weapon or any 11 ammunition used in that particular weapon. 12 3. 2. The issuing officer shall collect a fee of fifty 13 dollars, except from a duly appointed peace officer or 14 correctional officer, for each permit issued. Renewal permits 15 or duplicate permits shall be issued for a fee of twenty-five 16 five dollars , provided the application for such renewal permit 17 is received by the issuing officer at least thirty days prior 18 to the expiration of the applicant’s current permit . The 19 issuing officer shall notify the commissioner of public safety 20 of the issuance of any permit at least monthly and forward to 21 the commissioner an amount equal to ten two dollars for each 22 permit issued and five dollars one dollar for each renewal 23 or duplicate permit issued. All such fees received by the 24 commissioner shall be paid to the treasurer of state and 25 deposited in the operating account of the department of public 26 safety to offset the cost of administering this chapter . 27 Notwithstanding section 8.33 , any Any unspent balance as of 28 June 30 of each year shall not revert to the general fund of the 29 state as provided in section 8.33 . 30 4. 3. The sheriff or commissioner of public safety shall 31 approve or deny an initial or renewal application submitted 32 under this section within thirty three business days of 33 receipt of the application and, if approved, shall issue the 34 permit . A person whose application for a permit under this 35 -7- LSB 1527SS (11) 84 rh/rj 7/ 10

S.F. 162 chapter is denied may seek review of the denial under section 1 724.21A . The failure to approve or deny an initial or renewal 2 application shall result in a decision of approval. 3 Sec. 9. REPEAL. Section 724.5, Code 2011, is repealed. 4 EXPLANATION 5 This bill relates to the carrying of weapons and providing 6 a penalty. 7 Current law provides that a person who goes armed with a 8 dangerous weapon concealed on or about the person, or who, 9 within the limits of any city, goes armed with a pistol or 10 revolver, or any loaded firearm of any kind, whether concealed 11 or not, or who knowingly carries or transports in a vehicle a 12 pistol or revolver, commits an aggravated misdemeanor unless 13 certain circumstances apply including if the person has in 14 the person’s possession a valid permit to carry weapons. The 15 bill eliminates this provision and provides that a person who 16 goes armed with a dangerous weapon with the intent to commit 17 a crime of violence commits a class “D” felony regardless of 18 whether the dangerous weapon is concealed or not concealed on 19 or about the person and regardless of whether the dangerous 20 weapon is transported in a vehicle. For purposes of the 21 bill, “crime of violence” means a felony which has, as an 22 element of the offense, the use of physical force by one person 23 against another person. A class “D” felony is punishable by 24 confinement for no more than five years and a fine of at least 25 $750 but not more than $7,500. 26 The bill eliminates the requirement that a person, including 27 a person employed in a certain occupation whose employment 28 reasonably justifies that person going armed with a dangerous 29 weapon, must have and carry a professional or nonprofessional 30 permit to carry a weapon and makes it optional to apply for and 31 receive such permits. However, if a person applies for either 32 permit, the issuing officer (sheriff or commissioner of public 33 safety) shall issue the permit if certain requirements are met. 34 Such permits shall be issued for a five-year period at a cost 35 -8- LSB 1527SS (11) 84 rh/rj 8/ 10

S.F. 162 of $50. If a person chooses to apply for a professional or 1 nonprofessional permit to carry weapons, the person is required 2 to complete a firearm training program conducted by a private 3 individual or a professional organization who shall conduct 4 the training consistent with the standards set forth by the 5 national rifle association. 6 The bill makes changes to current requirements relating to a 7 person’s eligibility to apply for a permit to carry weapons, 8 firearms training requirements, and the issuance of permits 9 to carry weapons. The bill provides that an applicant for a 10 professional or nonprofessional permit to carry weapons who is 11 otherwise prohibited by state or federal law from possessing 12 or transporting a firearm shall not be eligible for the 13 permit. The bill provides that the issuing officer (county 14 sheriff or the commissioner of public safety) conducting 15 a firearm training program is required to contract with a 16 private individual or a professional organization to conduct 17 the training consistent with the standards set forth by the 18 national rifle association. Any person eligible to be issued 19 a permit to carry weapons may enroll in such course. A fee 20 sufficient to cover the cost of the program may be charged to 21 each person attending. A person shall not be issued either a 22 professional or nonprofessional permit unless the person has 23 received a certificate of completion or is a certified peace 24 officer. An applicant shall not be required to shoot any 25 weapon as a provision of passing such a training program. The 26 bill also reduces fees collected for renewal permits as well 27 as certain processing fees. The bill changes the period of 28 time that an issuing officer has to approve or deny an initial 29 or renewal application from within 30 days of receipt of the 30 application to within three business days of receipt of the 31 application. 32 The bill also repeals Code section 724.5 relating to a 33 person’s duty to carry a weapons permit if the person goes 34 armed with a revolver, pistol, or pocket billy concealed upon 35 -9- LSB 1527SS (11) 84 rh/rj 9/ 10