SF 13 (LSB 1330XS (2) 88)

SENATE FILE 13

BY  BOLKCOM

A BILL FOR

An Act relating to carrying or possessing a dangerous weapon when entering real property if a written notice forbidding such entry has been conspicuously posted, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  724.4D  Possession or carrying of dangerous weapon on certain property.
   1.  A person carrying or possessing a dangerous weapon, whether concealed or not, shall not enter upon or be present in the real property of an owner, lessee, or person in lawful possession of the real property without the express permission of the owner, lessee, or person in lawful possession of the real property if a printed or written notice forbidding such entry carrying or possessing a dangerous weapon has been conspicuously posted or exhibited at the main entrance to the real property or the forbidden part of the property.
   2.  This section does not apply to the following:
   a.  A person listed under section 724.4, subsection 4, paragraphs “a” through “d” or “j”.
   b.  A person who has been specifically authorized by the owner, lessee, or person in lawful possession of the real property to carry or possess a dangerous weapon on the real property.
   3.  A person who violates this section commits a simple misdemeanor.
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 carrying or possessing a dangerous weapon when entering real property if a written notice forbidding such entry has been conspicuously posted. 
   Under the bill, a person carrying or possessing a dangerous weapon, whether concealed or not, shall not enter upon or be present in the real property of the owner, lessee, or person in lawful possession of the real property without the express permission of the owner, lessee, or person in lawful possession of the real property, if a printed or written notice forbidding such entry carrying or possessing a dangerous weapon has been conspicuously posted or exhibited at the main entrance to the property or the forbidden part of the property. 
   The following persons do not violate the bill: a person who goes armed with a dangerous weapon in the person’s own dwelling or place of business, or on land owned, possessed, or rented by the person; a person who has been specifically authorized by the owner, lessee, or person in lawful possession of the real property to carry or possess a dangerous weapon on the real property; a peace officer, when the officer’s duties require the person to carry a dangerous weapon; a member of the armed forces when the weapons are carried in connection with the person’s duties; a correctional officer, when the officer’s duties require; or a law enforcement officer from another state when the officer’s duties require the officer to carry the weapon and the officer is in this state for official duties.
   A “dangerous weapon” is defined in Code section 702.7. 
   A person who violates the bill commits a simple misdemeanor punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.