Senate Amendment 5371
PAG LIN
1 1 Amend Senate File 2379 as follows:
1 2 #1. By striking everything after the enacting clause
1 3 and inserting:
1 4 <Section 1. Section 80A.13, Code 2009, is amended
1 5 to read as follows:
1 6 80A.13 Campus weapon requirements.
1 7 An individual employed by a college or university,
1 8 or by a private security business holding a contract
1 9 with a college or university, who performs private
1 10 security duties on a college or university campus and
1 11 who carries a weapon while performing these duties
1 12 shall meet all of the following requirements:
1 13 1. File with the sheriff of the county in which
1 14 the campus is located evidence that the individual has
1 15 successfully completed an approved firearms training
1 16 program under section 724.9. This requirement does not
1 17 apply to armored car personnel.
1 18 2. Possess a permit to carry weapons issued by the
1 19 sheriff of the county in which the campus is located
1 20 under sections 724.6 through 724.11. This requirement
1 21 does not apply to armored car personnel.
1 22 3. File file with the sheriff of the county in
1 23 which the campus is located a sworn affidavit from
1 24 the employer outlining the nature of the duties to be
1 25 performed and justification of the need to go armed.
1 26 Sec. 2. Section 724.4, Code 2009, is amended to
1 27 read as follows:
1 28 724.4 Carrying weapons.
1 29 1. Except as otherwise provided in this section, a
1 30 person who goes armed with a dangerous weapon concealed
1 31 on or about the person, or who, within the limits of
1 32 any city, goes armed with a pistol or revolver, or
1 33 any loaded firearm of any kind, whether concealed
1 34 or not, or who knowingly carries or transports in a
1 35 vehicle a pistol or revolver, commits an aggravated
1 36 misdemeanor with the intent to commit a crime of
1 37 violence commits a class "D" felony. This subsection
1 38 applies regardless of whether the dangerous weapon
1 39 is concealed or not concealed on or about the person
1 40 and regardless of whether the dangerous weapon is
1 41 transported in a vehicle. For purposes of this
1 42 subsection, "crime of violence" means a felony which
1 43 has, as an element of the offense, the use of physical
1 44 force by one person against another person.
1 45 2. A person who goes armed with a knife concealed
1 46 on or about the person, if the person uses the knife
1 47 in the commission of a crime, commits an aggravated
1 48 misdemeanor.
1 49 3. A person who goes armed with a knife concealed
1 50 on or about the person, if the person does not use the
2 1 knife in the commission of a crime:
2 2 a. If the knife has a blade exceeding eight inches
2 3 in length, commits an aggravated misdemeanor.
2 4 b. If the knife has a blade exceeding five inches
2 5 but not exceeding eight inches in length, commits a
2 6 serious misdemeanor.
2 7 4. Subsections 1 through 3 do not apply to any of
2 8 the following:
2 9 a. A person who for any lawful purpose goes armed
2 10 with a dangerous weapon in the person's own dwelling
2 11 or place of business, or on land owned or possessed by
2 12 the person.
2 13 b. A peace officer, when the officer's duties
2 14 require the person to carry such weapons.
2 15 c. A member of the armed forces of the United
2 16 States or of the national guard or person in the
2 17 service of the United States, when the weapons are
2 18 carried in connection with the person's duties as such.
2 19 d. A correctional officer, when the officer's
2 20 duties require, serving under the authority of the Iowa
2 21 department of corrections.
2 22 e. c. A person who for any lawful purpose carries
2 23 an unloaded pistol, revolver, or other dangerous weapon
2 24 inside a closed and fastened container or securely
2 25 wrapped package which is too large to be concealed on
2 26 the person.
2 27 f. A person who for any lawful purpose carries or
2 28 transports an unloaded pistol or revolver in a vehicle
2 29 inside a closed and fastened container or securely
2 30 wrapped package which is too large to be concealed on
2 31 the person or inside a cargo or luggage compartment
2 32 where the pistol or revolver will not be readily
2 33 accessible to any person riding in the vehicle or
2 34 common carrier.
2 35 g. A person while the person is lawfully engaged in
2 36 target practice on a range designed for that purpose or
2 37 while actually engaged in lawful hunting.
2 38 h. d. A person who carries a knife used in hunting
2 39 or fishing, while actually engaged in lawful hunting
2 40 or fishing.
2 41 i. A person who has in the person's possession
2 42 and who displays to a peace officer on demand a valid
2 43 permit to carry weapons which has been issued to the
2 44 person, and whose conduct is within the limits of that
2 45 permit. A person shall not be convicted of a violation
2 46 of this section if the person produces at the person's
2 47 trial a permit to carry weapons which was valid at
2 48 the time of the alleged offense and which would have
2 49 brought the person's conduct within this exception if
2 50 the permit had been produced at the time of the alleged
3 1 offense.
3 2 j. e. A law enforcement officer from another state
3 3 when the officer's duties require the officer to carry
3 4 the weapon and the officer is in this state for any of
3 5 the following reasons:
3 6 (1) The extradition or other lawful removal of a
3 7 prisoner from this state.
3 8 (2) Pursuit of a suspect in compliance with chapter
3 9 806.
3 10 (3) Activities in the capacity of a law enforcement
3 11 officer with the knowledge and consent of the chief
3 12 of police of the city or the sheriff of the county in
3 13 which the activities occur or of the commissioner of
3 14 public safety.
3 15 k. f. A person engaged in the business of
3 16 transporting prisoners under a contract with the
3 17 Iowa department of corrections or a county sheriff,
3 18 a similar agency from another state, or the federal
3 19 government.
3 20 Sec. 3. Section 724.4B, subsection 2, paragraph a,
3 21 Code 2009, is amended to read as follows:
3 22 a. A person listed under section 724.4, subsection
3 23 4, paragraphs paragraph "b" through "f", "c", or
3 24 "j" "e".
3 25 Sec. 4. Section 724.6, subsection 1, Code
3 26 Supplement 2009, is amended to read as follows:
3 27 1. A person may be issued a permit to carry weapons
3 28 when the person's employment who is employed in a
3 29 private investigation business or private security
3 30 business licensed under chapter 80A, or a person's
3 31 employment as a peace officer, correctional officer,
3 32 security guard, bank messenger or other person
3 33 transporting property of a value requiring security, or
3 34 in police work, whose employment reasonably justifies
3 35 that person going armed, shall be issued a professional
3 36 permit to carry weapons if the person applies for
3 37 the permit and meets the requirements of sections
3 38 724.8 through 724.10. The permit shall be on a form
3 39 prescribed and published by the commissioner of public
3 40 safety, shall identify the holder, and shall state
3 41 the nature of the employment requiring the holder to
3 42 go armed. A permit so issued, other than to a peace
3 43 officer, shall authorize the person to whom it is
3 44 issued to go armed anywhere in the state, only while
3 45 engaged in the employment, and while going to and from
3 46 the place of the employment. A permit issued to a
3 47 certified peace officer shall authorize that peace
3 48 officer to go armed anywhere in the state at all times.
3 49 Permits shall expire twelve months five years after the
3 50 date when issued except that permits issued to peace
4 1 officers and correctional officers are valid through
4 2 the officer's period of employment unless otherwise
4 3 canceled. When the employment is terminated, the
4 4 holder of the permit shall surrender it to the issuing
4 5 officer for cancellation.
4 6 Sec. 5. Section 724.7, Code 2009, is amended to
4 7 read as follows:
4 8 724.7 Nonprofessional permit to carry weapons.
4 9 Any person who can reasonably justify going armed
4 10 may not otherwise prohibited from possessing or
4 11 transporting a firearm and who meets the requirements
4 12 in sections 724.8 through 724.10 shall be issued a
4 13 nonprofessional permit to carry weapons if the person
4 14 applies for such permit. Such permits shall be on a
4 15 form prescribed and published by the commissioner of
4 16 public safety, which shall be readily distinguishable
4 17 from the professional permit, and shall identify the
4 18 holder thereof, and state the reason for the issuance
4 19 of the permit, and the limits of the authority granted
4 20 by such permit. All permits so issued shall be for a
4 21 definite five=year period as established by the issuing
4 22 officer, but in no event shall exceed a period of
4 23 twelve months.
4 24 Sec. 6. Section 724.8, subsection 5, Code 2009, is
4 25 amended to read as follows:
4 26 5. The issuing officer reasonably determines that
4 27 the applicant does not constitute a danger to any
4 28 person person is not otherwise prohibited by state or
4 29 federal law from possessing or transporting a firearm.
4 30 Sec. 7. Section 724.9, Code 2009, is amended to
4 31 read as follows:
4 32 724.9 Firearm training program.
4 33 A training program to qualify persons in the safe
4 34 use of firearms shall be provided by the issuing
4 35 officer of permits, as provided in section 724.11.
4 36 The commissioner of public safety shall approve
4 37 the training program, and the county sheriff or
4 38 the commissioner of public safety conducting the
4 39 training program within their respective jurisdictions
4 40 may shall contract with a private organization or
4 41 use the services of other agencies, or may use a
4 42 combination of the two, to provide such training a
4 43 private individual or a professional organization who
4 44 shall conduct the training consistent with training
4 45 standards set forth by the national rifle association.
4 46 Any person eligible to be issued a permit to carry
4 47 weapons may enroll in such course. A fee sufficient
4 48 to cover the cost of the program may be charged each
4 49 person attending. Certificates of completion, on a
4 50 form prescribed and published by the commissioner
5 1 of public safety, shall be issued to each person who
5 2 successfully completes the program. No A person shall
5 3 not be issued either a professional or nonprofessional
5 4 permit unless the person has received a certificate of
5 5 completion or is a certified peace officer. No peace
5 6 officer or correctional officer, except a certified
5 7 peace officer, shall go armed with a pistol or revolver
5 8 unless the officer has received a certificate of
5 9 completion, provided that this requirement shall not
5 10 apply to persons who are employed in this state as
5 11 peace officers on January 1, 1978 until July 1, 1978,
5 12 or to peace officers of other jurisdictions exercising
5 13 their legal duties within this state.
5 14 Sec. 8. Section 724.11, Code 2009, is amended to
5 15 read as follows:
5 16 724.11 Issuance of permit to carry weapons.
5 17 Applications for permits An application for a
5 18 permit to carry weapons, if made, shall be made to the
5 19 sheriff of the county in which the applicant resides.
5 20 Applications from persons who are nonresidents of
5 21 the state, or whose need to go armed arises out
5 22 of employment by the state, shall be made to the
5 23 commissioner of public safety. In either case,
5 24 the issuance of the permit shall be by and at the
5 25 discretion of the sheriff or commissioner, who
5 26 shall, before issuing the permit, determine that the
5 27 requirements of sections 724.6 to 724.8 through 724.10
5 28 have been satisfied and the person is not otherwise
5 29 prohibited by state or federal law from possessing or
5 30 transporting a firearm. However, the training program
5 31 requirements in section 724.9 may be waived for renewal
5 32 permits. The issuing officer shall collect a fee
5 33 of ten fifty dollars, except from a duly appointed
5 34 peace officer or correctional officer, for each permit
5 35 issued. Renewal permits or duplicate permits shall be
5 36 issued for a fee of five dollars. The issuing officer
5 37 shall notify the commissioner of public safety of the
5 38 issuance of any permit at least monthly and forward to
5 39 the commissioner an amount equal to two dollars for
5 40 each permit issued and one dollar for each renewal
5 41 or duplicate permit issued. All such fees received
5 42 by the commissioner shall be paid to the treasurer
5 43 of state and deposited in the operating account of
5 44 the department of public safety to offset the cost of
5 45 administering this chapter. Any unspent balance as of
5 46 June 30 of each year shall revert to the general fund
5 47 as provided by section 8.33.
5 48 Sec. 9. NEW SECTION. 724.11A Reciprocity.
5 49 A person possessing a valid out=of=state permit to
5 50 carry a weapon shall be entitled to the privileges and
6 1 subject to the restrictions prescribed by this chapter
6 2 provided the state that issued the license recognizes
6 3 weapons permits issued in Iowa and provided the person
6 4 possessing such permit is not otherwise prohibited from
6 5 possessing a firearm.
6 6 Sec. 10. REPEAL. Section 724.5, Code 2009, is
6 7 repealed.>
6 8 #2. Title page, by striking lines 1 through 5
6 9 and inserting <An Act relating to permits to carry
6 10 weapons.>
DAVID L. HARTSUCH
JERRY BEHN
STEVE KETTERING
KIM REYNOLDS
SF2379.2428 (3) 83
rh/rj
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