House Amendment 8583


PAG LIN

     1  1    Amend House File 2531 as follows:
     1  2 #1.  Page 38, after line 1 by inserting:
     1  3                          <DIVISION ___
     1  4                             WEAPONS
     1  5    Sec. ___.  Section 80A.13, Code 2009, is amended to
     1  6 read as follows:
     1  7    80A.13  Campus weapon requirements.
     1  8    An individual employed by a college or university,
     1  9 or by a private security business holding a contract
     1 10 with a college or university, who performs private
     1 11 security duties on a college or university campus and
     1 12 who carries a weapon while performing these duties
     1 13 shall meet all of the following requirements:
     1 14    1.  File with the sheriff of the county in which
     1 15 the campus is located evidence that the individual has
     1 16 successfully completed an approved firearms training
     1 17 program under section 724.9.  This requirement does not
     1 18 apply to armored car personnel.
     1 19    2.  Possess a permit to carry weapons issued by the
     1 20 sheriff of the county in which the campus is located
     1 21 under sections 724.6 through 724.11.  This requirement
     1 22 does not apply to armored car personnel.
     1 23    3.  File file with the sheriff of the county in
     1 24 which the campus is located a sworn affidavit from
     1 25 the employer outlining the nature of the duties to be
     1 26 performed and justification of the need to go armed.
     1 27    Sec. ___.  Section 724.4, Code 2009, is amended to
     1 28 read as follows:
     1 29    724.4  Carrying weapons.
     1 30    1.  Except as otherwise provided in this section, a
     1 31 person who goes armed with a dangerous weapon concealed
     1 32 on or about the person, or who, within the limits of
     1 33 any city, goes armed with a pistol or revolver, or
     1 34 any loaded firearm of any kind, whether concealed
     1 35 or not, or who knowingly carries or transports in a
     1 36 vehicle a pistol or revolver, commits an aggravated
     1 37 misdemeanor with the intent to commit a crime of
     1 38 violence commits a class "D" felony.  This subsection
     1 39 applies regardless of whether the dangerous weapon
     1 40 is concealed or not concealed on or about the person
     1 41 and regardless of whether the dangerous weapon is
     1 42 transported in a vehicle. For purposes of this
     1 43 subsection, "crime of violence" means a felony which
     1 44 has, as an element of the offense, the use of physical
     1 45 force by one person against another person.
     1 46    2.  A person who goes armed with a knife concealed
     1 47 on or about the person, if the person uses the knife
     1 48 in the commission of a crime, commits an aggravated
     1 49 misdemeanor.
     1 50    3.  A person who goes armed with a knife concealed
     2  1 on or about the person, if the person does not use the
     2  2 knife in the commission of a crime:
     2  3    a.  If the knife has a blade exceeding eight inches
     2  4 in length, commits an aggravated misdemeanor.
     2  5    b.  If the knife has a blade exceeding five inches
     2  6 but not exceeding eight inches in length, commits a
     2  7 serious misdemeanor.
     2  8    4.  Subsections 1 through 3 do not apply to any of
     2  9 the following:
     2 10    a.  A person who for any lawful purpose goes armed
     2 11 with a dangerous weapon in the person's own dwelling
     2 12 or place of business, or on land owned or possessed by
     2 13 the person.
     2 14    b.  A peace officer, when the officer's duties
     2 15 require the person to carry such weapons.
     2 16    c.  A member of the armed forces of the United
     2 17 States or of the national guard or person in the
     2 18 service of the United States, when the weapons are
     2 19 carried in connection with the person's duties as such.
     2 20    d.  A correctional officer, when the officer's
     2 21 duties require, serving under the authority of the Iowa
     2 22 department of corrections.
     2 23    e.  c.  A person who for any lawful purpose carries
     2 24 an unloaded pistol, revolver, or other dangerous weapon
     2 25 inside a closed and fastened container or securely
     2 26 wrapped package which is too large to be concealed on
     2 27 the person.
     2 28    f.  A person who for any lawful purpose carries or
     2 29 transports an unloaded pistol or revolver in a vehicle
     2 30 inside a closed and fastened container or securely
     2 31 wrapped package which is too large to be concealed on
     2 32 the person or inside a cargo or luggage compartment
     2 33 where the pistol or revolver will not be readily
     2 34 accessible to any person riding in the vehicle or
     2 35 common carrier.
     2 36    g.  A person while the person is lawfully engaged in
     2 37 target practice on a range designed for that purpose or
     2 38 while actually engaged in lawful hunting.
     2 39    h.  d.  A person who carries a knife used in hunting
     2 40 or fishing, while actually engaged in lawful hunting
     2 41 or fishing.
     2 42    i.  A person who has in the person's possession
     2 43 and who displays to a peace officer on demand a valid
     2 44 permit to carry weapons which has been issued to the
     2 45 person, and whose conduct is within the limits of that
     2 46 permit.  A person shall not be convicted of a violation
     2 47 of this section if the person produces at the person's
     2 48 trial a permit to carry weapons which was valid at
     2 49 the time of the alleged offense and which would have
     2 50 brought the person's conduct within this exception if
     3  1 the permit had been produced at the time of the alleged
     3  2 offense.
     3  3    j.  e.  A law enforcement officer from another state
     3  4 when the officer's duties require the officer to carry
     3  5 the weapon and the officer is in this state for any of
     3  6 the following reasons:
     3  7    (1)  The extradition or other lawful removal of a
     3  8 prisoner from this state.
     3  9    (2)  Pursuit of a suspect in compliance with chapter
     3 10 806.
     3 11    (3)  Activities in the capacity of a law enforcement
     3 12 officer with the knowledge and consent of the chief
     3 13 of police of the city or the sheriff of the county in
     3 14 which the activities occur or of the commissioner of
     3 15 public safety.
     3 16    k.  f.  A person engaged in the business of
     3 17 transporting prisoners under a contract with the
     3 18 Iowa department of corrections or a county sheriff,
     3 19 a similar agency from another state, or the federal
     3 20 government.
     3 21    Sec. ___.  Section 724.4B, subsection 2, paragraph
     3 22 a, Code 2009, is amended to read as follows:
     3 23    a.  A person listed under section 724.4, subsection
     3 24 4, paragraphs paragraph "b" through "f", "c", or
     3 25 "j" "e".
     3 26    Sec. ___.  Section 724.6, subsection 1, Code
     3 27 Supplement 2009, is amended to read as follows:
     3 28    1.  A person may be issued a permit to carry weapons
     3 29 when the person's employment who is employed in a
     3 30 private investigation business or private security
     3 31 business licensed under chapter 80A, or a person's
     3 32 employment as a peace officer, correctional officer,
     3 33 security guard, bank messenger or other person
     3 34 transporting property of a value requiring security, or
     3 35 in police work, whose employment reasonably justifies
     3 36 that person going armed, shall be issued a professional
     3 37 permit to carry weapons if the person applies for
     3 38 the permit and meets the requirements of sections
     3 39 724.8 through 724.10.  The permit shall be on a form
     3 40 prescribed and published by the commissioner of public
     3 41 safety, shall identify the holder, and shall state
     3 42 the nature of the employment requiring the holder to
     3 43 go armed.  A permit so issued, other than to a peace
     3 44 officer, shall authorize the person to whom it is
     3 45 issued to go armed anywhere in the state, only while
     3 46 engaged in the employment, and while going to and from
     3 47 the place of the employment.  A permit issued to a
     3 48 certified peace officer shall authorize that peace
     3 49 officer to go armed anywhere in the state at all times.
     3 50 Permits shall expire twelve months five years after the
     4  1 date when issued except that permits issued to peace
     4  2 officers and correctional officers are valid through
     4  3 the officer's period of employment unless otherwise
     4  4 canceled. When the employment is terminated, the
     4  5 holder of the permit shall surrender it to the issuing
     4  6 officer for cancellation.
     4  7    Sec. ___.  Section 724.7, Code 2009, is amended to
     4  8 read as follows:
     4  9    724.7  Nonprofessional permit to carry weapons.
     4 10    Any person who can reasonably justify going armed
     4 11 may not otherwise prohibited from possessing or
     4 12 transporting a firearm and who meets the requirements
     4 13 in sections 724.8 through 724.10 shall be issued a
     4 14 nonprofessional permit to carry weapons if the person
     4 15 applies for such permit. Such permits shall be on a
     4 16 form prescribed and published by the commissioner of
     4 17 public safety, which shall be readily distinguishable
     4 18 from the professional permit, and shall identify the
     4 19 holder thereof, and state the reason for the issuance
     4 20 of the permit, and the limits of the authority granted
     4 21 by such permit. All permits so issued shall be for a
     4 22 definite five=year period as established by the issuing
     4 23 officer, but in no event shall exceed a period of
     4 24 twelve months.
     4 25    Sec. ___.  Section 724.8, subsection 5, Code 2009,
     4 26 is amended to read as follows:
     4 27    5.  The issuing officer reasonably determines that
     4 28 the applicant does not constitute a danger to any
     4 29 person person is not otherwise prohibited by state or
     4 30 federal law from possessing or transporting a firearm.
     4 31    Sec. ___.  Section 724.9, Code 2009, is amended to
     4 32 read as follows:
     4 33    724.9  Firearm training program.
     4 34    A training program to qualify persons in the safe
     4 35 use of firearms shall be provided by the issuing
     4 36 officer of permits, as provided in section 724.11.
     4 37 The commissioner of public safety shall approve
     4 38 the training program, and the county sheriff or
     4 39 the commissioner of public safety conducting the
     4 40 training program within their respective jurisdictions
     4 41 may shall contract with a private organization or
     4 42 use the services of other agencies, or may use a
     4 43 combination of the two, to provide such training a
     4 44 private individual or a professional organization who
     4 45 shall conduct the training consistent with training
     4 46 standards set forth by the national rifle association.
     4 47 Any person eligible to be issued a permit to carry
     4 48 weapons may enroll in such course.  A fee sufficient
     4 49 to cover the cost of the program may be charged each
     4 50 person attending.  Certificates of completion, on a
     5  1 form prescribed and published by the commissioner
     5  2 of public safety, shall be issued to each person who
     5  3 successfully completes the program.  No A person shall
     5  4 not be issued either a professional or nonprofessional
     5  5 permit unless the person has received a certificate of
     5  6 completion or is a certified peace officer.  No peace
     5  7 officer or correctional officer, except a certified
     5  8 peace officer, shall go armed with a pistol or revolver
     5  9 unless the officer has received a certificate of
     5 10 completion, provided that this requirement shall not
     5 11 apply to persons who are employed in this state as
     5 12 peace officers on January 1, 1978 until July 1, 1978,
     5 13 or to peace officers of other jurisdictions exercising
     5 14 their legal duties within this state.
     5 15    Sec. ___.  Section 724.11, Code 2009, is amended to
     5 16 read as follows:
     5 17    724.11  Issuance of permit to carry weapons.
     5 18    Applications for permits An application for a
     5 19 permit to carry weapons, if made, shall be made to the
     5 20 sheriff of the county in which the applicant resides.
     5 21 Applications from persons who are nonresidents of
     5 22 the state, or whose need to go armed arises out
     5 23 of employment by the state, shall be made to the
     5 24 commissioner of public safety.  In either case,
     5 25 the issuance of the permit shall be by and at the
     5 26 discretion of the sheriff or commissioner, who
     5 27 shall, before issuing the permit, determine that the
     5 28 requirements of sections 724.6 to 724.8 through 724.10
     5 29 have been satisfied and the person is not otherwise
     5 30 prohibited by state or federal law from possessing or
     5 31 transporting a firearm.  However, the training program
     5 32 requirements in section 724.9 may be waived for renewal
     5 33 permits.  The issuing officer shall collect a fee
     5 34 of ten fifty dollars, except from a duly appointed
     5 35 peace officer or correctional officer, for each permit
     5 36 issued.  Renewal permits or duplicate permits shall be
     5 37 issued for a fee of five dollars.  The issuing officer
     5 38 shall notify the commissioner of public safety of the
     5 39 issuance of any permit at least monthly and forward to
     5 40 the commissioner an amount equal to two dollars for
     5 41 each permit issued and one dollar for each renewal
     5 42 or duplicate permit issued.  All such fees received
     5 43 by the commissioner shall be paid to the treasurer
     5 44 of state and deposited in the operating account of
     5 45 the department of public safety to offset the cost of
     5 46 administering this chapter.  Any unspent balance as of
     5 47 June 30 of each year shall revert to the general fund
     5 48 as provided by section 8.33.
     5 49    Sec. ___.  NEW SECTION.  724.11A  Reciprocity.
     5 50    A person possessing a valid out=of=state permit to
     6  1 carry a weapon shall be entitled to the privileges and
     6  2 subject to the restrictions prescribed by this chapter
     6  3 provided the state that issued the license recognizes
     6  4 weapons permits issued in Iowa and provided the person
     6  5 possessing such permit is not otherwise prohibited from
     6  6 possessing a firearm.
     6  7    Sec. ___.  REPEAL.  Section 724.5, Code 2009, is
     6  8 repealed.>
     6  9 #2.  By renumbering as necessary.


                                        
          PAULSEN of Linn
          HF2531.2641 (2) 83
          tm/jp

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