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House File 202 - IntroducedA Bill ForAn Act 1relating to explosive materials including blasting
2agents, detonators, and destructive devices, and providing
3penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 101A.1, subsections 1 and 4, Code 2023,
2are amended to read as follows:
31. “Blasting agent” means any material or mixture consisting
4of a fuel and oxidizer, intended for blasting but not otherwise
5classified as an explosive, in which none of the finished
6products as mixed and packaged for use or shipment can be
7detonated by means of a number eight test blasting cap when
8unconfined. “Blasting agent” includes any material or mixture
9intended for blasting that meets the requirements of 49 C.F.R.
10pt.173, subpt.C.
114. “Explosive materials” means explosives, or blasting
12agents, and detonators.
13 Sec. 2. Section 101A.1, Code 2023, is amended by adding the
14following new subsections:
15 NEW SUBSECTION. 2A. “Destructive device” means any of the
16following:
17a. Any explosive, incendiary, chemical or biological poison,
18or poison gas which is any of the following:
19(1) A bomb.
20(2) A grenade.
21(3) A rocket having a propellant charge of more than four
22ounces.
23(4) A missile having an explosive or incendiary charge of
24more than one-quarter ounce.
25(5) A mine.
26(6) A booby trap.
27(7) A Molotov cocktail.
28(8) A bottle bomb.
29(9) A vessel or container intentionally caused to rupture or
30mechanically explode by expanding pressure from any gas, acid,
31dry ice, or other chemical mixture.
32(10) Any similar device, the primary or common purpose of
33which is to explode and to be used as a weapon against any
34person or property.
35b. Any combination of parts designed or intended to be
-1-1converted into a destructive device as defined in paragraph “a”.
2c. The term “destructive device” does not include any of the
3following:
4(1) A device that is neither designed nor redesigned for use
5as a weapon to be used against person or property.
6(2) A device, originally designed for use as a weapon,
7that is redesigned for use as a signaling, pyrotechnic,
8line-throwing, safety, or similar device.
9(3) A surplus ordnance sold, loaned, or given by the
10secretary of the army pursuant to 10 U.S.C. §4684(2), 4685, or
114686.
12(4) Any device the state fire marshal determines is not
13likely to be used as a weapon or that is an antique.
14(5) Any device possessed under circumstances negating an
15intent that the device be used as a weapon against any person
16or property.
17 NEW SUBSECTION. 2B. “Detonator” means any device containing
18an initiating or primary explosive that is used for initiating
19detonation. Excluding ignition or delay charges, a detonator
20shall not contain more than ten grams of explosive material
21per unit. “Detonator” includes an electric detonator of
22instantaneous or delay type, a detonator for use with safety
23fuses, a detonating cord delay connector, and a nonelectric
24detonator or instantaneous or delay type which consists of
25a detonating cord, shock tube, or any other replacement for
26electric leg wires.
27 Sec. 3. Section 712.5, Code 2023, is amended by striking the
28section and inserting in lieu thereof the following:
29712.5 Reckless use of fire, explosives, or destructive
30devices.
31Any person who uses fire, explosives, or destructive
32devices, as defined in section 101A.1, to recklessly endanger
33the property or safety of another shall be guilty of a serious
34misdemeanor.
35 Sec. 4. Section 712.6, Code 2023, is amended to read as
-2-1follows:
2712.6 Explosive materials or incendiary materials or
3 destructive devices.
41. A person who possesses any incendiary or explosive device
5or material or destructive device as defined in section 101A.1
6 with the intent to use such device or material to commit a
7public offense shall be guilty of a class “C” felony.
82. a. A person who possesses any incendiary or explosive
9device or material or destructive device shall be guilty of an
10aggravated misdemeanor.
11b. This subsection does not apply to a person holding a
12valid commercial license or user’s permit issued pursuant to
13chapter 101A, provided that the person is acting within the
14scope of authority granted by the license or permit.
153. A person who, with the intent to intimidate, annoy, or
16alarm another person, places a simulated explosive or simulated
17incendiary destructive device in or near an occupied structure
18as defined in section 702.12 a place that the person reasonably
19believes is likely to cause public alarm or inconvenience, is
20guilty of a serious misdemeanor.
214. A person who uses any explosive material or destructive
22device to commit any public offense or who possesses any
23explosive material or destructive device during the commission
24of a felony shall be guilty of a class “C” felony.
25 Sec. 5. Section 724.1, subsection 1, paragraph c, Code 2023,
26is amended to read as follows:
27c. A bomb, grenade, or mine, whether explosive, incendiary,
28or poison gas; any rocket having a propellant charge of more
29than four ounces; any missile having an explosive charge of
30more than one-quarter ounce; or any device similar to any of
31these A destructive device as defined in section 101A.1.
32 Sec. 6. Section 727.2, subsection 3, Code 2023, is amended
33by adding the following new paragraph:
34 NEW PARAGRAPH. d. Any retailer or community group offering
35for sale at retail any consumer fireworks shall do so in
-3-1accordance with the national fire protection association
2standard 1124, published in the code for the manufacture,
3transportation, storage, and retail sales of fireworks and
4pyrotechnic articles, 2006 edition, and shall not be subject to
5any other standards or requirements unless provided for by the
6state fire marshal under section 100.19.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to explosive materials including blasting
11agents, detonators, and destructive devices.
12CODE CHAPTER 101A (EXPLOSIVE MATERIALS) — DEFINITIONS.
13 For purposes of Code chapter 101A, the bill makes changes to
14definitions. The bill amends the definition of “blasting
15agent” to include any material or mixture intended for blasting
16that meet the requirements of 49 C.F.R.pt.173, subpt.
17C (federal regulations relating to the transportation of
18hazardous materials). The definition of “explosive materials”
19is amended to include detonators.
20The bill defines “detonator” as any device containing an
21initiating or primary explosive that is used for initiating
22detonation, and includes an electric detonator of instantaneous
23or delay type, a detonator for use with safety fuses, a
24detonating cord delay connector, and a nonelectric detonator
25or instantaneous or delay type which consists of a detonating
26cord, shock tube, or any other replacement for electric leg
27wires.
28The bill defines “destructive device” as any explosive,
29incendiary, chemical or biological poison, or poison gas which
30is any of the following: a bomb, a grenade, a rocket having a
31propellant charge of more than four ounces, a missile having
32an explosive or incendiary charge of more than one-quarter
33ounce, a mine, a booby trap, a Molotov cocktail, a bottle
34bomb, a vessel or container intentionally caused to rupture
35or mechanically explode, and any similar device, the primary
-4-1or common purpose of which is to explode and to be used as a
2weapon against any person or property. The bill provides that
3a “destructive device” does not include: a device that is
4neither designed nor redesigned for use as a weapon to be used
5against person or property; a device, originally designed for
6use as a weapon, that is redesigned for use as a signaling,
7pyrotechnic, line-throwing, safety, or similar device; a
8surplus ordnance sold, loaned, or given by the secretary of
9the army; any device that the state fire marshal finds is not
10likely to be used as a weapon or that is an antique; or any
11device possessed under circumstances negating an intent that
12the device be used as a weapon against any person or property.
13RECKLESS USE OF FIRE, EXPLOSIVES, OR DESTRUCTIVE DEVICES.
14 The bill provides that any person who uses fire, explosives,
15or destructive devices as defined in the bill to recklessly
16endanger the property or safety of another is guilty of a
17serious misdemeanor.
18EXPLOSIVE MATERIALS OR DESTRUCTIVE DEVICES — PENALTIES.
19 The bill provides that a person who possess any explosive
20material or destructive device with the intent to commit a
21public offense commits a class “C” felony. A person who
22possesses any explosive material or destructive device commits
23an aggravated misdemeanor. A person who, with the intent to
24intimidate, annoy, or alarm another person, places a simulated
25explosive or simulated destructive device in a place that the
26person reasonably believes is likely to cause public alarm or
27inconvenience commits a serious misdemeanor. The bill provides
28that a person who uses any explosive material or destructive
29device to commit any public offense or who possesses an
30explosive material or destructive device during the commission
31of a felony is guilty of a class “C” felony.
32OFFENSIVE WEAPONS. The bill amends the definition of
33“offensive weapon” for purposes of Code section 724.1
34(offensive weapons) to include the definition of a destructive
35device as defined in the bill. Any unauthorized person who
-5-1knowingly possesses an offensive weapon commits a class “D”
2felony.
3FIREWORKS. The bill provides that a retailer or community
4group selling fireworks shall comply with the national
5fire protection association standard for the manufacture,
6transportation, storage, and retail sales of fireworks.
7PENALTIES. A serious misdemeanor is punishable by
8confinement for no more than one year and a fine of at least
9$430 but not more than $2,560. An aggravated misdemeanor is
10punishable by confinement for no more than two years and a fine
11of at least $855 but not more than $8,540. A class “D” felony
12is punishable by confinement for no more than five years and a
13fine of at least $1,025 but not more than $10,245. A class “C”
14felony is punishable by confinement for no more than 10 years
15and a fine of at least $1,370 but not more than $13,660.
-6-as/rh
2agents, detonators, and destructive devices, and providing
3penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 101A.1, subsections 1 and 4, Code 2023,
2are amended to read as follows:
31. “Blasting agent” means any material or mixture consisting
4of a fuel and oxidizer, intended for blasting but not otherwise
5classified as an explosive, in which none of the finished
6products as mixed and packaged for use or shipment can be
7detonated by means of a number eight test blasting cap when
8unconfined. “Blasting agent” includes any material or mixture
9intended for blasting that meets the requirements of 49 C.F.R.
10pt.173, subpt.C.
114. “Explosive materials” means explosives, or blasting
12agents, and detonators.
13 Sec. 2. Section 101A.1, Code 2023, is amended by adding the
14following new subsections:
15 NEW SUBSECTION. 2A. “Destructive device” means any of the
16following:
17a. Any explosive, incendiary, chemical or biological poison,
18or poison gas which is any of the following:
19(1) A bomb.
20(2) A grenade.
21(3) A rocket having a propellant charge of more than four
22ounces.
23(4) A missile having an explosive or incendiary charge of
24more than one-quarter ounce.
25(5) A mine.
26(6) A booby trap.
27(7) A Molotov cocktail.
28(8) A bottle bomb.
29(9) A vessel or container intentionally caused to rupture or
30mechanically explode by expanding pressure from any gas, acid,
31dry ice, or other chemical mixture.
32(10) Any similar device, the primary or common purpose of
33which is to explode and to be used as a weapon against any
34person or property.
35b. Any combination of parts designed or intended to be
-1-1converted into a destructive device as defined in paragraph “a”.
2c. The term “destructive device” does not include any of the
3following:
4(1) A device that is neither designed nor redesigned for use
5as a weapon to be used against person or property.
6(2) A device, originally designed for use as a weapon,
7that is redesigned for use as a signaling, pyrotechnic,
8line-throwing, safety, or similar device.
9(3) A surplus ordnance sold, loaned, or given by the
10secretary of the army pursuant to 10 U.S.C. §4684(2), 4685, or
114686.
12(4) Any device the state fire marshal determines is not
13likely to be used as a weapon or that is an antique.
14(5) Any device possessed under circumstances negating an
15intent that the device be used as a weapon against any person
16or property.
17 NEW SUBSECTION. 2B. “Detonator” means any device containing
18an initiating or primary explosive that is used for initiating
19detonation. Excluding ignition or delay charges, a detonator
20shall not contain more than ten grams of explosive material
21per unit. “Detonator” includes an electric detonator of
22instantaneous or delay type, a detonator for use with safety
23fuses, a detonating cord delay connector, and a nonelectric
24detonator or instantaneous or delay type which consists of
25a detonating cord, shock tube, or any other replacement for
26electric leg wires.
27 Sec. 3. Section 712.5, Code 2023, is amended by striking the
28section and inserting in lieu thereof the following:
29712.5 Reckless use of fire, explosives, or destructive
30devices.
31Any person who uses fire, explosives, or destructive
32devices, as defined in section 101A.1, to recklessly endanger
33the property or safety of another shall be guilty of a serious
34misdemeanor.
35 Sec. 4. Section 712.6, Code 2023, is amended to read as
-2-1follows:
2712.6 Explosive materials or incendiary materials or
3 destructive devices.
41. A person who possesses any incendiary or explosive device
5or material or destructive device as defined in section 101A.1
6 with the intent to use such device or material to commit a
7public offense shall be guilty of a class “C” felony.
82. a. A person who possesses any incendiary or explosive
9device or material or destructive device shall be guilty of an
10aggravated misdemeanor.
11b. This subsection does not apply to a person holding a
12valid commercial license or user’s permit issued pursuant to
13chapter 101A, provided that the person is acting within the
14scope of authority granted by the license or permit.
153. A person who, with the intent to intimidate, annoy, or
16alarm another person, places a simulated explosive or simulated
17incendiary destructive device in or near an occupied structure
18as defined in section 702.12 a place that the person reasonably
19believes is likely to cause public alarm or inconvenience, is
20guilty of a serious misdemeanor.
214. A person who uses any explosive material or destructive
22device to commit any public offense or who possesses any
23explosive material or destructive device during the commission
24of a felony shall be guilty of a class “C” felony.
25 Sec. 5. Section 724.1, subsection 1, paragraph c, Code 2023,
26is amended to read as follows:
27c. A bomb, grenade, or mine, whether explosive, incendiary,
28or poison gas; any rocket having a propellant charge of more
29than four ounces; any missile having an explosive charge of
30more than one-quarter ounce; or any device similar to any of
31these A destructive device as defined in section 101A.1.
32 Sec. 6. Section 727.2, subsection 3, Code 2023, is amended
33by adding the following new paragraph:
34 NEW PARAGRAPH. d. Any retailer or community group offering
35for sale at retail any consumer fireworks shall do so in
-3-1accordance with the national fire protection association
2standard 1124, published in the code for the manufacture,
3transportation, storage, and retail sales of fireworks and
4pyrotechnic articles, 2006 edition, and shall not be subject to
5any other standards or requirements unless provided for by the
6state fire marshal under section 100.19.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to explosive materials including blasting
11agents, detonators, and destructive devices.
12CODE CHAPTER 101A (EXPLOSIVE MATERIALS) — DEFINITIONS.
13 For purposes of Code chapter 101A, the bill makes changes to
14definitions. The bill amends the definition of “blasting
15agent” to include any material or mixture intended for blasting
16that meet the requirements of 49 C.F.R.pt.173, subpt.
17C (federal regulations relating to the transportation of
18hazardous materials). The definition of “explosive materials”
19is amended to include detonators.
20The bill defines “detonator” as any device containing an
21initiating or primary explosive that is used for initiating
22detonation, and includes an electric detonator of instantaneous
23or delay type, a detonator for use with safety fuses, a
24detonating cord delay connector, and a nonelectric detonator
25or instantaneous or delay type which consists of a detonating
26cord, shock tube, or any other replacement for electric leg
27wires.
28The bill defines “destructive device” as any explosive,
29incendiary, chemical or biological poison, or poison gas which
30is any of the following: a bomb, a grenade, a rocket having a
31propellant charge of more than four ounces, a missile having
32an explosive or incendiary charge of more than one-quarter
33ounce, a mine, a booby trap, a Molotov cocktail, a bottle
34bomb, a vessel or container intentionally caused to rupture
35or mechanically explode, and any similar device, the primary
-4-1or common purpose of which is to explode and to be used as a
2weapon against any person or property. The bill provides that
3a “destructive device” does not include: a device that is
4neither designed nor redesigned for use as a weapon to be used
5against person or property; a device, originally designed for
6use as a weapon, that is redesigned for use as a signaling,
7pyrotechnic, line-throwing, safety, or similar device; a
8surplus ordnance sold, loaned, or given by the secretary of
9the army; any device that the state fire marshal finds is not
10likely to be used as a weapon or that is an antique; or any
11device possessed under circumstances negating an intent that
12the device be used as a weapon against any person or property.
13RECKLESS USE OF FIRE, EXPLOSIVES, OR DESTRUCTIVE DEVICES.
14 The bill provides that any person who uses fire, explosives,
15or destructive devices as defined in the bill to recklessly
16endanger the property or safety of another is guilty of a
17serious misdemeanor.
18EXPLOSIVE MATERIALS OR DESTRUCTIVE DEVICES — PENALTIES.
19 The bill provides that a person who possess any explosive
20material or destructive device with the intent to commit a
21public offense commits a class “C” felony. A person who
22possesses any explosive material or destructive device commits
23an aggravated misdemeanor. A person who, with the intent to
24intimidate, annoy, or alarm another person, places a simulated
25explosive or simulated destructive device in a place that the
26person reasonably believes is likely to cause public alarm or
27inconvenience commits a serious misdemeanor. The bill provides
28that a person who uses any explosive material or destructive
29device to commit any public offense or who possesses an
30explosive material or destructive device during the commission
31of a felony is guilty of a class “C” felony.
32OFFENSIVE WEAPONS. The bill amends the definition of
33“offensive weapon” for purposes of Code section 724.1
34(offensive weapons) to include the definition of a destructive
35device as defined in the bill. Any unauthorized person who
-5-1knowingly possesses an offensive weapon commits a class “D”
2felony.
3FIREWORKS. The bill provides that a retailer or community
4group selling fireworks shall comply with the national
5fire protection association standard for the manufacture,
6transportation, storage, and retail sales of fireworks.
7PENALTIES. A serious misdemeanor is punishable by
8confinement for no more than one year and a fine of at least
9$430 but not more than $2,560. An aggravated misdemeanor is
10punishable by confinement for no more than two years and a fine
11of at least $855 but not more than $8,540. A class “D” felony
12is punishable by confinement for no more than five years and a
13fine of at least $1,025 but not more than $10,245. A class “C”
14felony is punishable by confinement for no more than 10 years
15and a fine of at least $1,370 but not more than $13,660.
-6-as/rh