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
-1-