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Senate File 239 - IntroducedA Bill ForAn Act 1relating to explosive materials including blasting
2agents, detonators, and destructive devices, providing
3penalties, and including effective date provisions.
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 devices
32to recklessly endanger the property or safety of another shall
33be guilty of a serious misdemeanor.
34 Sec. 4. Section 712.6, Code 2023, is amended to read as
35follows:
-2- 1712.6 Explosive materials or incendiary materials or
2 destructive devices.
31. A person who possesses any incendiary or explosive device
4or material or destructive device with the intent to use such
5device or material to commit a public offense shall be guilty
6of a class “C” felony.
72. a. A person who possesses any incendiary or explosive
8device or material or destructive device shall be guilty of an
9aggravated misdemeanor.
10b. This subsection does not apply to a person holding a
11valid commercial license or user’s permit issued pursuant to
12chapter 101A, provided that the person is acting within the
13scope of authority granted by the license or permit.
143. A person who, with the intent to intimidate, annoy, or
15alarm another person, places a simulated explosive or simulated
16incendiary destructive device in or near an occupied structure
17as defined in section 702.12 a place that the person reasonably
18believes is likely to cause public alarm or inconvenience, is
19guilty of a serious misdemeanor.
204. A person who uses any explosive material or destructive
21device to commit any public offense or who possesses any
22explosive material or destructive device during the commission
23of a felony shall be guilty of a class “C” felony.
24 Sec. 5. NEW SECTION. 712.10 Destructive device.
25For purposes of this chapter, “destructive device” means the
26same as defined in section 101A.1.
27 Sec. 6. Section 724.1, subsection 1, paragraph c, Code 2023,
28is amended to read as follows:
29c. A bomb, grenade, or mine, whether explosive, incendiary,
30or poison gas; any rocket having a propellant charge of more
31than four ounces; any missile having an explosive charge of
32more than one-quarter ounce; or any device similar to any of
33these A destructive device as defined in section 101A.1.
34 Sec. 7. Section 727.2, subsection 3, Code 2023, is amended
35by adding the following new paragraph:
-3-1 NEW PARAGRAPH. d. Any retailer or community group offering
2for sale at retail any consumer fireworks shall do so in
3accordance with the national fire protection association
4standard 1124, published in the code for the manufacture,
5transportation, storage, and retail sales of fireworks and
6pyrotechnic articles, 2006 edition, and shall not be subject to
7any other standards or requirements unless provided for by the
8state fire marshal under section 100.19.
9 Sec. 8. EFFECTIVE DATE. This Act, being deemed of immediate
10importance, takes effect upon enactment.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill relates to explosive materials including blasting
15agents, detonators, and destructive devices.
16CODE CHAPTER 101A (EXPLOSIVE MATERIALS) — DEFINITIONS.
17 For purposes of Code chapter 101A, the bill makes changes to
18definitions. The bill amends the definition of “blasting
19agent” to include any material or mixture intended for blasting
20that meet the requirements of 49 C.F.R.pt.173, subpt.
21C (federal regulations relating to the transportation of
22hazardous materials). The definition of “explosive materials”
23is amended to include detonators.
24The bill defines “detonator” as any device containing an
25initiating or primary explosive that is used for initiating
26detonation, and includes an electric detonator of instantaneous
27or delay type, a detonator for use with safety fuses, a
28detonating cord delay connector, and a nonelectric detonator
29or instantaneous or delay type which consists of a detonating
30cord, shock tube, or any other replacement for electric leg
31wires.
32The bill defines “destructive device” as any explosive,
33incendiary, chemical or biological poison, or poison gas which
34is any of the following: a bomb, a grenade, a rocket having a
35propellant charge of more than four ounces, a missile having
-4-1an explosive or incendiary charge of more than one-quarter
2ounce, a mine, a booby trap, a Molotov cocktail, a bottle
3bomb, a vessel or container intentionally caused to rupture
4or mechanically explode, and any similar device, the primary
5or common purpose of which is to explode and to be used as a
6weapon against any person or property. The bill provides that
7a “destructive device” does not include: a device that is
8neither designed nor redesigned for use as a weapon to be used
9against person or property; a device, originally designed for
10use as a weapon, that is redesigned for use as a signaling,
11pyrotechnic, line-throwing, safety, or similar device; a
12surplus ordnance sold, loaned, or given by the secretary of
13the army; any device that the state fire marshal finds is not
14likely to be used as a weapon or that is an antique; or any
15device possessed under circumstances negating an intent that
16the device be used as a weapon against any person or property.
17RECKLESS USE OF FIRE, EXPLOSIVES, OR DESTRUCTIVE DEVICES.
18 The bill provides that any person who uses fire, explosives,
19or destructive devices as defined in the bill to recklessly
20endanger the property or safety of another is guilty of a
21serious misdemeanor.
22EXPLOSIVE MATERIALS OR DESTRUCTIVE DEVICES — PENALTIES.
23 The bill provides that a person who possess any explosive
24material or destructive device with the intent to commit a
25public offense commits a class “C” felony. A person who
26possesses any explosive material or destructive device commits
27an aggravated misdemeanor. A person who, with the intent to
28intimidate, annoy, or alarm another person, places a simulated
29explosive or simulated destructive device in a place that the
30person reasonably believes is likely to cause public alarm or
31inconvenience commits a serious misdemeanor. The bill provides
32that a person who uses any explosive material or destructive
33device to commit any public offense or who possesses an
34explosive material or destructive device during the commission
35of a felony is guilty of a class “C” felony.
-5- 1OFFENSIVE WEAPONS. The bill amends the definition of
2“offensive weapon” for purposes of Code section 724.1
3(offensive weapons) to include the definition of a destructive
4device as defined in the bill. Any unauthorized person who
5knowingly possesses an offensive weapon commits a class “D”
6felony.
7FIREWORKS. The bill provides that a retailer or community
8group selling fireworks shall comply with the national
9fire protection association standard for the manufacture,
10transportation, storage, and retail sales of fireworks.
11PENALTIES. A serious misdemeanor is punishable by
12confinement for no more than one year and a fine of at least
13$430 but not more than $2,560. An aggravated misdemeanor is
14punishable by confinement for no more than two years and a fine
15of at least $855 but not more than $8,540. A class “D” felony
16is punishable by confinement for no more than five years and a
17fine of at least $1,025 but not more than $10,245. A class “C”
18felony is punishable by confinement for no more than 10 years
19and a fine of at least $1,370 but not more than $13,660.
20The bill takes effect upon enactment.
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2agents, detonators, and destructive devices, providing
3penalties, and including effective date provisions.
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 devices
32to recklessly endanger the property or safety of another shall
33be guilty of a serious misdemeanor.
34 Sec. 4. Section 712.6, Code 2023, is amended to read as
35follows:
-2- 1712.6 Explosive materials or incendiary materials or
2 destructive devices.
31. A person who possesses any incendiary or explosive device
4or material or destructive device with the intent to use such
5device or material to commit a public offense shall be guilty
6of a class “C” felony.
72. a. A person who possesses any incendiary or explosive
8device or material or destructive device shall be guilty of an
9aggravated misdemeanor.
10b. This subsection does not apply to a person holding a
11valid commercial license or user’s permit issued pursuant to
12chapter 101A, provided that the person is acting within the
13scope of authority granted by the license or permit.
143. A person who, with the intent to intimidate, annoy, or
15alarm another person, places a simulated explosive or simulated
16incendiary destructive device in or near an occupied structure
17as defined in section 702.12 a place that the person reasonably
18believes is likely to cause public alarm or inconvenience, is
19guilty of a serious misdemeanor.
204. A person who uses any explosive material or destructive
21device to commit any public offense or who possesses any
22explosive material or destructive device during the commission
23of a felony shall be guilty of a class “C” felony.
24 Sec. 5. NEW SECTION. 712.10 Destructive device.
25For purposes of this chapter, “destructive device” means the
26same as defined in section 101A.1.
27 Sec. 6. Section 724.1, subsection 1, paragraph c, Code 2023,
28is amended to read as follows:
29c. A bomb, grenade, or mine, whether explosive, incendiary,
30or poison gas; any rocket having a propellant charge of more
31than four ounces; any missile having an explosive charge of
32more than one-quarter ounce; or any device similar to any of
33these A destructive device as defined in section 101A.1.
34 Sec. 7. Section 727.2, subsection 3, Code 2023, is amended
35by adding the following new paragraph:
-3-1 NEW PARAGRAPH. d. Any retailer or community group offering
2for sale at retail any consumer fireworks shall do so in
3accordance with the national fire protection association
4standard 1124, published in the code for the manufacture,
5transportation, storage, and retail sales of fireworks and
6pyrotechnic articles, 2006 edition, and shall not be subject to
7any other standards or requirements unless provided for by the
8state fire marshal under section 100.19.
9 Sec. 8. EFFECTIVE DATE. This Act, being deemed of immediate
10importance, takes effect upon enactment.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill relates to explosive materials including blasting
15agents, detonators, and destructive devices.
16CODE CHAPTER 101A (EXPLOSIVE MATERIALS) — DEFINITIONS.
17 For purposes of Code chapter 101A, the bill makes changes to
18definitions. The bill amends the definition of “blasting
19agent” to include any material or mixture intended for blasting
20that meet the requirements of 49 C.F.R.pt.173, subpt.
21C (federal regulations relating to the transportation of
22hazardous materials). The definition of “explosive materials”
23is amended to include detonators.
24The bill defines “detonator” as any device containing an
25initiating or primary explosive that is used for initiating
26detonation, and includes an electric detonator of instantaneous
27or delay type, a detonator for use with safety fuses, a
28detonating cord delay connector, and a nonelectric detonator
29or instantaneous or delay type which consists of a detonating
30cord, shock tube, or any other replacement for electric leg
31wires.
32The bill defines “destructive device” as any explosive,
33incendiary, chemical or biological poison, or poison gas which
34is any of the following: a bomb, a grenade, a rocket having a
35propellant charge of more than four ounces, a missile having
-4-1an explosive or incendiary charge of more than one-quarter
2ounce, a mine, a booby trap, a Molotov cocktail, a bottle
3bomb, a vessel or container intentionally caused to rupture
4or mechanically explode, and any similar device, the primary
5or common purpose of which is to explode and to be used as a
6weapon against any person or property. The bill provides that
7a “destructive device” does not include: a device that is
8neither designed nor redesigned for use as a weapon to be used
9against person or property; a device, originally designed for
10use as a weapon, that is redesigned for use as a signaling,
11pyrotechnic, line-throwing, safety, or similar device; a
12surplus ordnance sold, loaned, or given by the secretary of
13the army; any device that the state fire marshal finds is not
14likely to be used as a weapon or that is an antique; or any
15device possessed under circumstances negating an intent that
16the device be used as a weapon against any person or property.
17RECKLESS USE OF FIRE, EXPLOSIVES, OR DESTRUCTIVE DEVICES.
18 The bill provides that any person who uses fire, explosives,
19or destructive devices as defined in the bill to recklessly
20endanger the property or safety of another is guilty of a
21serious misdemeanor.
22EXPLOSIVE MATERIALS OR DESTRUCTIVE DEVICES — PENALTIES.
23 The bill provides that a person who possess any explosive
24material or destructive device with the intent to commit a
25public offense commits a class “C” felony. A person who
26possesses any explosive material or destructive device commits
27an aggravated misdemeanor. A person who, with the intent to
28intimidate, annoy, or alarm another person, places a simulated
29explosive or simulated destructive device in a place that the
30person reasonably believes is likely to cause public alarm or
31inconvenience commits a serious misdemeanor. The bill provides
32that a person who uses any explosive material or destructive
33device to commit any public offense or who possesses an
34explosive material or destructive device during the commission
35of a felony is guilty of a class “C” felony.
-5- 1OFFENSIVE WEAPONS. The bill amends the definition of
2“offensive weapon” for purposes of Code section 724.1
3(offensive weapons) to include the definition of a destructive
4device as defined in the bill. Any unauthorized person who
5knowingly possesses an offensive weapon commits a class “D”
6felony.
7FIREWORKS. The bill provides that a retailer or community
8group selling fireworks shall comply with the national
9fire protection association standard for the manufacture,
10transportation, storage, and retail sales of fireworks.
11PENALTIES. A serious misdemeanor is punishable by
12confinement for no more than one year and a fine of at least
13$430 but not more than $2,560. An aggravated misdemeanor is
14punishable by confinement for no more than two years and a fine
15of at least $855 but not more than $8,540. A class “D” felony
16is punishable by confinement for no more than five years and a
17fine of at least $1,025 but not more than $10,245. A class “C”
18felony is punishable by confinement for no more than 10 years
19and a fine of at least $1,370 but not more than $13,660.
20The bill takes effect upon enactment.
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