House File 756 H-1217 Amend House File 756 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 ACQUIRING PISTOLS AND REVOLVERS 5 Section 1. Section 724.11A, Code 2021, is amended to read 6 as follows: 7 724.11A Recognition. 8 A valid permit or license issued by another state to any 9 nonresident of this state shall be considered to be a valid 10 permit or license to carry weapons issued pursuant to this 11 chapter , except that such permit or license shall not be 12 considered to be a substitute for a permit to acquire pistols 13 or revolvers issued pursuant to section 724.15 deemed to 14 satisfy the requirements of section 724.15 . 15 Sec. 2. Section 724.15, Code 2021, is amended by striking 16 the section and inserting in lieu thereof the following: 17 724.15 Acquiring pistols or revolvers. 18 1. In order to acquire a pistol or revolver, an unlicensed 19 person is required to have a valid permit to acquire or a valid 20 permit to carry weapons issued in accordance with this chapter 21 or the person must complete a satisfactory criminal background 22 check. 23 2. A person shall not acquire a pistol or revolver if the 24 person is any of the following: 25 a. Under twenty-one years of age except for those persons 26 included in section 724.22, subsection 4, who acquire a pistol 27 or revolver when the person’s duty so requires. 28 b. Prohibited by section 724.26 or federal law from 29 possessing, shipping, transporting, or receiving a firearm. 30 c. Prohibited by court order from possessing, shipping, 31 transporting, or receiving a firearm. 32 d. Ineligible to possess dangerous weapons pursuant to 33 section 724.4, subsection 2. 34 3. An issuing officer who finds that a person issued a 35 -1- HF756.1403 (1) 89 js/rh 1/ 8 #1.
permit to acquire pistols or revolvers under this chapter 1 has been arrested for a disqualifying offense or who is 2 the subject of proceedings that could lead to the person’s 3 ineligibility for such permit, may immediately suspend such 4 permit. An issuing officer proceeding under this subsection 5 shall immediately notify the permit holder of the suspension 6 by personal service or certified mail on a form prescribed 7 and published by the commissioner of public safety and the 8 suspension shall become effective upon the permit holder’s 9 receipt of such notice. If the suspension is based on an 10 arrest or a proceeding that does not result in a disqualifying 11 conviction or finding against the permit holder, the issuing 12 officer shall immediately reinstate the permit upon receipt 13 of proof of the matter’s final disposition. If the arrest 14 leads to a disqualifying conviction or the proceedings to a 15 disqualifying finding, the issuing officer shall revoke the 16 permit. The issuing officer may also revoke the permit of a 17 person whom the issuing officer later finds was not qualified 18 for such a permit at the time of issuance or whom the officer 19 finds provided materially false information on the permit 20 application. A person aggrieved by a suspension or revocation 21 under this subsection may seek review of the decision pursuant 22 to section 724.21A. 23 Sec. 3. Section 724.16, Code 2021, is amended by striking 24 the section and inserting in lieu thereof the following: 25 724.16 Prohibited transfers of firearms. 26 1. A person shall not transfer a firearm to another 27 person if the person knows or reasonably should know through 28 evidence of a background check provided by the purchaser or 29 transferee that the other person is ineligible to possess 30 dangerous weapons pursuant to section 724.4, subsection 2, or 31 is prohibited from receiving or possessing a firearm under 32 section 724.26 or federal law. 33 2. A person shall not loan or rent a firearm to another 34 person for temporary use during lawful activities if the 35 -2- HF756.1403 (1) 89 js/rh 2/ 8
person knows or reasonably should know through evidence of a 1 background check provided by the purchaser or transferee that 2 the person is ineligible to possess dangerous weapons pursuant 3 to section 724.4, subsection 2, or is prohibited from receiving 4 or possessing a firearm under section 724.26 or federal law. 5 3. A person who transfers, loans, or rents a firearm in 6 violation of this section commits a class “D” felony. 7 Sec. 4. Section 724.27, Code 2021, is amended to read as 8 follows: 9 724.27 Offenders’ rights restored. 10 1. The provisions of section 724.8 , section 724.15, 11 subsection 1 2 , and section 724.26 shall not apply to a person 12 who is eligible to have the person’s civil rights regarding 13 firearms restored under section 914.7 if any of the following 14 occur: 15 a. The person is pardoned by the President of the United 16 States or the chief executive of a state for a disqualifying 17 conviction. 18 b. The person’s civil rights have been restored after a 19 disqualifying conviction, commitment, or adjudication. 20 c. The person’s conviction for a disqualifying offense has 21 been expunged. 22 2. Subsection 1 shall not apply to a person whose pardon, 23 restoration of civil rights, or expungement of conviction 24 expressly forbids the person to receive, transport, or possess 25 firearms or destructive devices and a person not eligible to 26 have the person’s civil rights restored under section 914.7 . 27 DIVISION II 28 CARRYING AND POSSESSING WEAPONS —— SCHOOL GROUNDS —— EMERGENCY 29 MEDICAL CARE PROVIDERS 30 Sec. 5. Section 232.52, subsection 2, paragraph a, 31 subparagraph (4), subparagraph division (a), subparagraph 32 subdivision (viii), Code 2021, is amended to read as follows: 33 (viii) Section 724.4 , if the child used the dangerous weapon 34 in the commission of a crime . 35 -3- HF756.1403 (1) 89 js/rh 3/ 8
Sec. 6. Section 724.2A, Code 2021, is amended to read as 1 follows: 2 724.2A Peace officer —— defined —— reserved peace officer 3 included. 4 As used in sections 724.4, 724.4B, 724.6 , and 724.11 , “peace 5 officer” includes a reserve peace officer as defined in section 6 80D.1A . 7 Sec. 7. Section 724.4, Code 2021, is amended by striking the 8 section and inserting in lieu thereof the following: 9 724.4 Unlawful possession of dangerous weapon. 10 1. A person who goes armed with a dangerous weapon on or 11 about the person, and who uses the dangerous weapon in the 12 commission of a crime, commits an aggravated misdemeanor. 13 2. A person determined to be ineligible to receive a 14 permit to carry weapons under section 724.8, subsections 2 15 through 6, is prohibited from possessing dangerous weapons. 16 Unless otherwise provided by law, a person who violates this 17 subsection commits an aggravated misdemeanor. 18 3. A minor who goes armed with a dangerous weapon concealed 19 on or about the person commits a serious misdemeanor. 20 4. A minor who carries, transports, or possesses a loaded 21 firearm of any kind within the limits of a city or knowingly 22 carries or transports a pistol or revolver in a vehicle commits 23 a serious misdemeanor. 24 5. A minor who goes armed with a dangerous weapon that 25 directs an electric current impulse, wave, or beam that 26 produces a high-voltage pulse designed to immobilize a person, 27 whether concealed or not, commits a simple misdemeanor. 28 Sec. 8. Section 724.4B, Code 2021, is amended by striking 29 the section and inserting in lieu thereof the following: 30 724.4B Carrying firearms on school grounds —— penalty —— 31 exceptions. 32 1. A person who goes armed with, carries, or transports a 33 firearm of any kind, whether concealed or not, on the grounds 34 of a school commits a class “D” felony. For the purposes of 35 -4- HF756.1403 (1) 89 js/rh 4/ 8
this section, “school” means a public or nonpublic school as 1 defined in section 280.2. 2 2. Subsection 1 does not apply to the following: 3 a. A person who has been specifically authorized by the 4 school to go armed with, carry, or transport a firearm on the 5 school grounds for any lawful purpose. 6 b. A peace officer including a peace officer who has 7 not been certified and a federal officer when the officer’s 8 employment requires going armed, whether or not the peace 9 officer or federal officer is acting in the performance of 10 official duties. 11 c. A member of the armed forces of the United States or 12 of the national guard or person in the service of the United 13 States, when the firearm is carried in connection with the 14 person’s duties as such. 15 d. A correctional officer, when the officer’s duties require 16 the officer to carry a firearm, serving under the authority of 17 the Iowa department of corrections. 18 e. A person who for any lawful purpose carries an unloaded 19 pistol, revolver, or other firearm inside a closed and fastened 20 container or securely wrapped package that is too large to be 21 concealed on the person. 22 f. A person who for any lawful purpose carries or transports 23 an unloaded pistol, revolver, or other firearm in a vehicle 24 inside a closed and fastened container or securely wrapped 25 package that is too large to be concealed on the person or 26 carries or transports an unloaded pistol, revolver, or other 27 firearm inside a cargo or luggage compartment where the pistol 28 or revolver will not be readily accessible to any person riding 29 in the vehicle. 30 g. A law enforcement officer from another state when the 31 officer’s duties require the officer to carry a firearm and the 32 officer is in this state for any of the following reasons: 33 (1) The extradition or other lawful removal of a prisoner 34 from this state. 35 -5- HF756.1403 (1) 89 js/rh 5/ 8
(2) Pursuit of a suspect in compliance with chapter 806. 1 (3) Activities in the capacity of a law enforcement officer 2 with the knowledge and consent of the chief of police of the 3 city or the sheriff of the county in which the activities occur 4 or of the commissioner of public safety. 5 h. A licensee under chapter 80A or an employee of such 6 a licensee, while the licensee or employee is engaged in 7 the performance of duties, and if the licensee or employee 8 possesses a valid professional or nonprofessional permit to 9 carry weapons issued pursuant to this chapter. 10 Sec. 9. Section 724.5, Code 2021, is amended by striking the 11 section and inserting in lieu thereof the following: 12 724.5 Availability of permit not to be construed as 13 prohibition on unlicensed carrying of weapons. 14 The availability of a professional or nonprofessional permit 15 to carry weapons under this chapter shall not be construed to 16 impose a general prohibition on the otherwise lawful unlicensed 17 carrying or transport, whether openly or concealed, of a 18 dangerous weapon, including a loaded firearm. 19 Sec. 10. Section 724.6, subsection 1, paragraph a, Code 20 2021, is amended to read as follows: 21 a. (1) A person may be issued a permit to carry weapons 22 when the person’s employment in a private investigation 23 business or private security business licensed under chapter 24 80A , or a person’s employment as a peace officer, correctional 25 officer, security guard, bank messenger or other person 26 transporting property of a value requiring security, or in 27 police work, reasonably justifies that person going armed. 28 (2) A person may be issued a permit to carry weapons 29 if the person is an emergency medical care provider who is 30 designated and attached to a law enforcement tactical team by 31 the authorities having jurisdiction. A person issued a permit 32 to carry weapons under this paragraph shall train with the law 33 enforcement tactical team the person is designated and attached 34 to, complete a prescribed firearm safety training course 35 -6- HF756.1403 (1) 89 js/rh 6/ 8
offered pursuant to section 724.9, subsection 1, paragraph 1 “e” , complete any additional training as prescribed by the 2 authorities having jurisdiction, and not be disqualified under 3 section 724.8. 4 Sec. 11. Section 724.6, subsection 2, Code 2021, is amended 5 to read as follows: 6 2. Notwithstanding subsection 1 , fire fighters, as defined 7 in section 411.1, subsection 10 , airport fire fighters included 8 under section 97B.49B , and emergency medical care providers , 9 as defined in section 147A.1 other than emergency medical 10 care providers specified in subsection 1, paragraph “a” , 11 subparagraph (2) , shall not, as a condition of employment, 12 be required to obtain a permit under this section . However, 13 the provisions of this subsection shall not apply to a person 14 designated as an arson investigator by the chief fire officer 15 of a political subdivision. 16 Sec. 12. Section 724.6, Code 2021, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 3. For purposes of this section, “emergency 19 medical care provider” means the same as defined in section 20 147A.1. 21 DIVISION III 22 HANDGUN SAFETY TRAINING 23 Sec. 13. Section 724.9, subsection 1, paragraphs a and b, 24 Code 2021, are amended to read as follows: 25 a. Completion of any national rifle association handgun 26 safety training course or a handgun safety training course 27 offered by an instructor certified by an organization approved 28 by the department of public safety pursuant to section 724.9A . 29 b. Completion of any handgun safety training course 30 available to the general public offered by a law enforcement 31 agency, community college, college, private or public 32 institution or organization, or firearms training school, 33 utilizing instructors certified by the national rifle 34 association or an organization approved by the department of 35 -7- HF756.1403 (1) 89 js/rh 7/ 8
public safety pursuant to section 724.9A or another state’s 1 department of public safety, state police department, or 2 similar certifying body. 3 Sec. 14. NEW SECTION . 724.9A Approval of organizations that 4 may certify handgun safety training instructors. 5 1. The department of public safety shall adopt rules to 6 approve organizations that may certify individuals as handgun 7 safety training instructors eligible to offer a handgun safety 8 training course under section 724.9, subsection 1, paragraphs 9 “a” and “b” . The rules shall require a handgun safety training 10 instructor to apply to the organization for recertification at 11 least once every five years and shall require the organization 12 to pay a fee to cover costs necessary to maintain a list of 13 approved organizations and certified instructors. 14 2. The department shall maintain on the department’s 15 internet site the following resources: 16 a. Applications for an organization to receive approval to 17 certify and recertify handgun safety training instructors. 18 b. A list of organizations approved under this section 19 that certify handgun safety training instructors that shall 20 include the national rifle association, and a list of certified 21 instructors. The department shall use an interface that allows 22 a user to sort the lists in a manner that provides convenience 23 to the user, such as but not limited to sorting by geographic 24 location or online instruction as opposed to in-person, 25 hands-on instruction. 26 c. General information relating to permits to carry weapons, 27 firearm safety, and training opportunities currently available 28 to the public. > 29 ______________________________ WESSEL-KROESCHELL of Story -8- HF756.1403 (1) 89 js/rh 8/ 8