SF 296 (LSB 2094SV (1) 87)

SENATE FILE 296

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO SF 227)

A BILL FOR

An Act relating to operating or riding a snowmobile or all-terrain vehicle while carrying a firearm.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321G.13, subsection 2, paragraph b, Code 2017, is amended to read as follows:
   b.  (1)  A person may operate or ride on a snowmobile with a loaded firearm, whether concealed or not, without a permit to carry weapons, if the person operates or rides on land owned, or possessed, or rented by the person, and the person’s conduct is otherwise lawful.
   (2)  If a person is operating or riding on a snowmobile on land that is not owned, or possessed, or rented by the person, the person may operate or ride the snowmobile with a loaded firearm, whether concealed or not, if all of the following apply:
   (a)  The firearm is a pistol or revolver and is secured in a retention holster upon the person.
   (b)  The person has in the person’s possession and displays to a peace officer on demand a valid permit to carry weapons which has been issued to the person.
   (c)  The person’s conduct is within the limits of the permit to carry weapons.
    Sec. 2.  Section 321G.13, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  As used in this section, “rented by the person” includes a person who does not necessarily rent the land but who principally provides labor for the production of crops located on agricultural land or for the production of livestock principally located on agricultural land. The person must personally provide such labor on a regular, continuous, and substantial basis.
    Sec. 3.  Section 321I.14, subsection 2, paragraph b, Code 2017, is amended to read as follows:
   b.  (1)  A person may operate or ride on an all-terrain vehicle with a loaded firearm, whether concealed or not, without a permit to carry weapons, if the person operates or rides on land owned, or possessed, or rented by the person, and the person’s conduct is otherwise lawful.
   (2)  If a person is operating or riding on an all-terrain vehicle on land that is not owned, or possessed, or rented by the person, the person may operate or ride the all-terrain vehicle with a loaded firearm, whether concealed or not, if all of the following apply:
   (a)  The firearm is a pistol or revolver and is secured in a retention holster upon the person.
   (b)  The person has in the person’s possession and displays to a peace officer on demand a valid permit to carry weapons which has been issued to the person.
   (c)  The person’s conduct is within the limits of the permit to carry weapons.
    Sec. 4.  Section 321I.14, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  As used in this section “rented by the person” includes a person who does not necessarily rent the land but who principally provides labor for the production of crops located on agricultural land or for the production of livestock principally located on agricultural land. The person must personally provide such labor on a regular, continuous, and substantial basis.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to operating or riding a snowmobile or all-terrain vehicle while carrying a firearm.
   Currently, a person may operate or ride on a snowmobile or all-terrain vehicle with a loaded firearm, whether concealed or not, without a permit to carry weapons, if the person operates or rides on land owned by the person, and the person’s conduct is otherwise lawful. 
   The bill allows a person to operate or ride on a snowmobile or all-terrain vehicle with a loaded firearm, whether concealed or not, without a permit to carry weapons, if the person operates or rides on the snowmobile or all-terrain vehicle on land rented by the person, and the person’s conduct is otherwise lawful. The bill specifies that “rented by the person” includes a person who does not necessarily rent the land but who principally provides labor for the production of crops located on agricultural land or for the production of livestock principally located on agricultural land. The person must personally provide such labor on a regular, continuous, and substantial basis.
   A person who violates Code section 321G.13 (snowmobiles) or 321I.14 (all-terrain vehicles) commits a simple misdemeanor punishable as a scheduled fine of $100 under Code section 805.8B.