House
File
2057
-
Introduced
HOUSE
FILE
2057
BY
SALMON
,
GUSTAFSON
,
WILLS
,
HOLT
,
HEARTSILL
,
KOOIKER
,
WATTS
,
SHEETS
,
FISHER
,
BRANHAGEN
,
KLEIN
,
GASSMAN
,
HUSEMAN
,
DOLECHECK
,
and
BAXTER
A
BILL
FOR
An
Act
relating
to
the
carrying
and
possession
of
weapons
and
1
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
232.52,
subsection
2,
paragraph
a,
1
subparagraph
(4),
subparagraph
division
(a),
subparagraph
2
subdivision
(viii),
Code
2016,
is
amended
to
read
as
follows:
3
(viii)
Section
724.4
,
if
the
child
carried
the
dangerous
4
weapon
used
the
knife
in
the
commission
of
a
crime
on
school
5
grounds.
6
Sec.
2.
Section
708.8,
Code
2016,
is
amended
to
read
as
7
follows:
8
708.8
Going
armed
with
intent.
9
A
person
who
goes
armed
with
any
dangerous
weapon
with
the
10
intent
to
use
without
justification
such
weapon
against
the
11
person
of
another
commits
a
class
“D”
felony.
The
intent
12
required
for
a
violation
of
this
section
shall
not
be
inferred
13
from
the
mere
carrying
or
concealment
of
any
dangerous
weapon
14
itself,
including
the
carrying
of
a
loaded
firearm,
whether
in
15
a
vehicle
or
on
or
about
a
person’s
body.
16
Sec.
3.
Section
724.4,
Code
2016,
is
amended
by
striking
the
17
section
and
inserting
in
lieu
thereof
the
following:
18
724.4
Use
of
a
knife
in
the
commission
of
a
crime.
19
A
person
who
goes
armed
with
a
knife
on
or
about
the
person,
20
if
the
person
uses
the
knife
in
the
commission
of
a
crime,
21
commits
an
aggravated
misdemeanor.
22
Sec.
4.
Section
724.4B,
Code
2016,
is
amended
by
striking
23
the
section
and
inserting
in
lieu
thereof
the
following:
24
724.4B
Carrying
dangerous
weapons
on
school
grounds
——
25
penalty
——
exceptions.
26
1.
A
person
who
goes
armed
with,
carries,
or
transports
27
a
dangerous
weapon
of
any
kind,
whether
concealed
or
not,
on
28
the
grounds
of
a
school
commits
a
class
“D”
felony.
For
the
29
purposes
of
this
section,
“school”
means
a
public
or
nonpublic
30
school
as
defined
in
section
280.2.
31
2.
Subsection
1
does
not
apply
to
the
following:
32
a.
A
person
who
has
been
specifically
authorized
by
the
33
school
to
go
armed
with,
carry,
or
transport
a
dangerous
weapon
34
on
the
school
grounds
for
any
lawful
purpose.
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b.
A
peace
officer,
when
the
officer’s
duties
require
the
1
person
to
carry
such
weapons.
2
c.
A
member
of
the
armed
forces
of
the
United
States
or
3
of
the
national
guard
or
person
in
the
service
of
the
United
4
States,
when
the
weapons
are
carried
in
connection
with
the
5
person’s
duties
as
such.
6
d.
A
correctional
officer,
when
the
officer’s
duties
7
require,
serving
under
the
authority
of
the
Iowa
department
of
8
corrections.
9
e.
A
person
who
for
any
lawful
purpose
carries
an
unloaded
10
pistol,
revolver,
or
other
dangerous
weapon
inside
a
closed
and
11
fastened
container
or
securely
wrapped
package
which
is
too
12
large
to
be
concealed
on
the
person.
13
f.
A
person
who
for
any
lawful
purpose
carries
or
transports
14
an
unloaded
pistol
or
revolver
in
a
vehicle
or
common
carrier
15
inside
a
closed
and
fastened
container
or
securely
wrapped
16
package
which
is
too
large
to
be
concealed
on
the
person
or
17
inside
a
cargo
or
luggage
compartment
where
the
pistol
or
18
revolver
will
not
be
readily
accessible
to
any
person
riding
in
19
the
vehicle
or
common
carrier.
20
g.
A
law
enforcement
officer
from
another
state
when
the
21
officer’s
duties
require
the
officer
to
carry
the
dangerous
22
weapon
and
the
officer
is
in
this
state
for
any
of
the
23
following
reasons:
24
(1)
The
extradition
or
other
lawful
removal
of
a
prisoner
25
from
this
state.
26
(2)
Pursuit
of
a
suspect
in
compliance
with
chapter
806.
27
(3)
Activities
in
the
capacity
of
a
law
enforcement
officer
28
with
the
knowledge
and
consent
of
the
chief
of
police
of
the
29
city
or
the
sheriff
of
the
county
in
which
the
activities
occur
30
or
of
the
commissioner
of
public
safety.
31
Sec.
5.
Section
724.4C,
Code
2016,
is
amended
to
read
as
32
follows:
33
724.4C
Possession
or
carrying
of
firearms
weapons
while
under
34
the
influence.
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1.
A
permit
issued
under
this
chapter
is
invalid
if
the
1
Except
as
provided
in
subsection
2,
a
person
to
whom
the
permit
2
is
issued
is
commits
a
serious
misdemeanor
if
the
person
3
is
intoxicated
as
provided
under
the
conditions
set
out
in
4
section
321J.2,
subsection
1
.
,
and
the
person
does
any
of
the
5
following:
6
a.
Carries
a
dangerous
weapon
on
or
about
the
person.
7
b.
Carries
a
weapon
within
the
person’s
immediate
access
or
8
reach
while
in
a
vehicle.
9
2.
This
section
shall
not
apply
to
any
of
the
following:
10
a.
A
person
who
carries
or
possesses
a
dangerous
weapon
11
while
in
the
person’s
own
dwelling,
place
of
business,
or
on
12
land
owned
or
lawfully
possessed
by
the
person.
13
b.
The
transitory
possession
or
use
of
a
firearm
during
14
an
act
of
justified
self-defense
or
justified
defense
of
15
another,
provided
that
the
possession
lasts
no
longer
than
is
16
immediately
necessary
to
resolve
the
emergency.
17
Sec.
6.
Section
724.5,
Code
2016,
is
amended
by
striking
the
18
section
and
inserting
in
lieu
thereof
the
following:
19
724.5
Availability
of
permit
not
to
be
construed
as
20
prohibition
on
unlicensed
carrying
of
weapons.
21
The
availability
of
a
professional
or
nonprofessional
permit
22
to
carry
weapons
under
this
chapter
shall
not
be
construed
23
to
impose
a
general
prohibition
on
the
unlicensed
carrying,
24
whether
openly
or
concealed,
of
a
deadly
weapon,
including
a
25
loaded
firearm.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
the
carrying
and
possession
of
weapons
30
and
provides
penalties.
31
The
bill
amends
Code
section
708.8,
the
crime
of
going
armed
32
with
a
dangerous
weapon
with
intent,
a
class
“D”
felony,
to
33
provide
that
the
intent
element
required
for
a
violation
of
34
this
crime
shall
not
be
inferred
from
the
mere
carrying
or
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concealment
of
a
dangerous
weapon.
1
The
bill
amends
Code
section
724.4
by
striking
the
original
2
penalty
for
carrying
dangerous
weapons.
Instead,
the
bill
3
creates
a
new
crime
of
going
armed
with
a
knife
in
the
4
commission
of
a
crime,
an
aggravated
misdemeanor.
The
bill
5
makes
a
conforming
change
to
Code
section
232.52,
subsection
6
2,
relating
to
the
suspension
or
revocation
of
a
juvenile’s
7
driver’s
license
or
operating
privilege.
The
bill
also
makes
a
8
conforming
Code
change
to
Code
section
724.4B,
relating
to
the
9
carrying
of
weapons
on
school
grounds,
to
specifically
include
10
certain
categories
of
persons
who
are
authorized
to
carry
11
weapons
on
school
grounds.
12
The
bill
amends
Code
section
724.4C
relating
to
the
crime
of
13
possession
or
carrying
of
firearms
while
under
the
influence
14
of
alcohol
or
a
drug.
Current
law
invalidates
a
permit
to
15
carry
weapons
if
the
person
to
whom
the
permit
is
issued
is
16
intoxicated,
as
defined
in
Code
section
321J.2,
subsection
1
17
(while
under
the
influence
of
an
alcoholic
beverage
or
other
18
drug
or
a
combination
of
such
substances,
while
having
an
19
alcohol
concentration
of
.08
or
more,
or
while
any
amount
of
a
20
controlled
substance
is
present
in
the
person,
as
measured
in
21
the
person’s
blood
or
urine).
The
bill
amends
this
provision
22
to
provide
that
a
person
commits
a
serious
misdemeanor
if
23
the
person
is
intoxicated
and
the
person
either
carries
a
24
dangerous
weapon
on
or
about
the
person
or
carries
a
dangerous
25
weapon
within
the
person’s
immediate
access
or
reach
while
in
26
a
vehicle.
This
crime
does
not
apply
to
situations
where
a
27
person
carries
or
possesses
a
dangerous
weapon
while
in
the
28
person’s
own
dwelling,
place
of
business,
or
on
the
person’s
29
land,
and
the
transitory
possession
or
use
of
a
firearm
during
30
an
act
of
justified
self-defense
or
justified
defense
of
31
another,
if
the
possession
of
the
firearm
lasts
no
longer
than
32
immediately
necessary
to
resolve
the
emergency.
33
The
bill
strikes
Code
section
724.5
relating
to
a
person’s
34
duty
to
carry
a
valid
permit
to
carry
certain
weapons
for
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which
a
permit
has
been
issued
to
the
person
and
replaces
that
1
Code
section
with
language
providing
that
the
availability
2
of
a
professional
or
nonprofessional
permit
to
carry
weapons
3
shall
not
be
construed
to
impose
a
general
prohibition
on
the
4
unlicensed
carrying
of
a
deadly
weapon
including
a
loaded
5
firearm.
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