House File 756 H-1219 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. It is the intent of this section to satisfy federal 19 requirements of 18 U.S.C. §922(t)(3) in order to acquire 20 pistols or revolvers. In order to acquire a pistol or revolver 21 from a federally licensed firearms dealer, an unlicensed person 22 is required to have a valid permit to acquire or a valid permit 23 to carry weapons issued in accordance with this chapter or the 24 person must complete a satisfactory national instant criminal 25 background check pursuant to 18 U.S.C. §922(t). 26 2. A person shall not acquire a pistol or revolver if the 27 person is any of the following: 28 a. Under twenty-one years of age except for those persons 29 included in section 724.22, subsection 4, who acquire a pistol 30 or revolver when the person’s duty so requires. 31 b. Prohibited by section 724.26 or federal law from 32 possessing, shipping, transporting, or receiving a firearm. 33 c. Prohibited by court order from possessing, shipping, 34 transporting, or receiving a firearm. 35 -1- HF756.1431 (1) 89 js/rh 1/ 14 #1.

d. Ineligible to possess dangerous weapons pursuant to 1 section 724.8B. 2 e. Intoxicated as provided under the conditions set out in 3 section 321J.2, subsection 1. 4 3. An issuing officer who finds that a person issued a 5 permit to acquire pistols or revolvers under this chapter 6 has been arrested for a disqualifying offense or who is 7 the subject of proceedings that could lead to the person’s 8 ineligibility for such permit, may immediately suspend such 9 permit. An issuing officer proceeding under this subsection 10 shall immediately notify the permit holder of the suspension 11 by personal service or certified mail on a form prescribed 12 and published by the commissioner of public safety and the 13 suspension shall become effective upon the permit holder’s 14 receipt of such notice. If the suspension is based on an 15 arrest or a proceeding that does not result in a disqualifying 16 conviction or finding against the permit holder, the issuing 17 officer shall immediately reinstate the permit upon receipt 18 of proof of the matter’s final disposition. If the arrest 19 leads to a disqualifying conviction or the proceedings to a 20 disqualifying finding, the issuing officer shall revoke the 21 permit. The issuing officer may also revoke the permit of a 22 person whom the issuing officer later finds was not qualified 23 for such a permit at the time of issuance or whom the officer 24 finds provided materially false information on the permit 25 application. A person aggrieved by a suspension or revocation 26 under this subsection may seek review of the decision pursuant 27 to section 724.21A. 28 Sec. 3. Section 724.16, Code 2021, is amended by striking 29 the section and inserting in lieu thereof the following: 30 724.16 Prohibited transfers of firearms. 31 1. A person shall not transfer a firearm to another person 32 if the person knows or reasonably should know that the other 33 person is ineligible to possess dangerous weapons pursuant to 34 section 724.8B, is intoxicated as provided under the conditions 35 -2- HF756.1431 (1) 89 js/rh 2/ 14

set out in section 321J.2, subsection 1, or is prohibited from 1 receiving or possessing a firearm under section 724.26 or 2 federal law. 3 2. A person shall not loan or rent a firearm to another 4 person for temporary use during lawful activities if the 5 person knows or reasonably should know that the other person 6 is ineligible to possess dangerous weapons pursuant to section 7 724.8B, is intoxicated as provided under the conditions set 8 out in section 321J.2, subsection 1, or is prohibited from 9 receiving or possessing a firearm under section 724.26 or 10 federal law. 11 3. A person who transfers, loans, or rents a firearm in 12 violation of this section commits a class “D” felony. 13 Sec. 4. Section 724.27, Code 2021, is amended to read as 14 follows: 15 724.27 Offenders’ rights restored. 16 1. The provisions of section 724.8 , section 724.15, 17 subsection 1 2 , and section 724.26 shall not apply to a person 18 who is eligible to have the person’s civil rights regarding 19 firearms restored under section 914.7 if any of the following 20 occur: 21 a. The person is pardoned by the President of the United 22 States or the chief executive of a state for a disqualifying 23 conviction. 24 b. The person’s civil rights have been restored after a 25 disqualifying conviction, commitment, or adjudication. 26 c. The person’s conviction for a disqualifying offense has 27 been expunged. 28 2. Subsection 1 shall not apply to a person whose pardon, 29 restoration of civil rights, or expungement of conviction 30 expressly forbids the person to receive, transport, or possess 31 firearms or destructive devices and a person not eligible to 32 have the person’s civil rights restored under section 914.7 . 33 DIVISION II 34 CARRYING AND POSSESSING WEAPONS —— SCHOOL GROUNDS —— EMERGENCY 35 -3- HF756.1431 (1) 89 js/rh 3/ 14

MEDICAL CARE PROVIDERS 1 Sec. 5. Section 8A.322, subsection 3, Code 2021, is amended 2 to read as follows: 3 3. The director shall establish, publish, and enforce 4 rules regulating and restricting the use by the public of the 5 capitol buildings and grounds and of the state laboratories 6 facility in Ankeny. The rules when established shall be 7 posted in conspicuous places about the capitol buildings and 8 grounds and the state laboratories facility, as applicable. 9 Any person violating any rule, except a parking regulation, 10 shall be guilty of a simple misdemeanor. The rules shall 11 prohibit a person, other than a peace officer, from openly 12 carrying a pistol or revolver in the capitol building and on 13 the grounds surrounding the capitol building including state 14 parking lots and parking garages. However, this subsection 15 shall not be construed to allow the director to prohibit 16 the lawful carrying, transportation, or possession of any 17 pistol or revolver in the capitol building and on the grounds 18 surrounding the capitol building including state parking lots 19 and parking garages by a any person who displays to capitol 20 security personnel a valid permit to carry weapons upon request 21 regardless of whether the person has a valid permit to carry 22 weapons . 23 Sec. 6. Section 232.52, subsection 2, paragraph a, 24 subparagraph (4), subparagraph division (a), subparagraph 25 subdivision (viii), Code 2021, is amended to read as follows: 26 (viii) Section 724.4 , if the child used the dangerous weapon 27 in the commission of a crime . 28 Sec. 7. Section 724.2A, Code 2021, is amended to read as 29 follows: 30 724.2A Peace officer —— defined —— reserved peace officer 31 included. 32 As used in sections 724.4, 724.4B, 724.6 , and 724.11 , “peace 33 officer” includes a reserve peace officer as defined in section 34 80D.1A . 35 -4- HF756.1431 (1) 89 js/rh 4/ 14

Sec. 8. Section 724.4, Code 2021, is amended by striking the 1 section and inserting in lieu thereof the following: 2 724.4 Use of a dangerous weapon in the commission of a crime. 3 A person who goes armed with a dangerous weapon on or about 4 the person, and who uses the dangerous weapon in the commission 5 of a crime, commits an aggravated misdemeanor. 6 Sec. 9. Section 724.4B, Code 2021, is amended by striking 7 the section and inserting in lieu thereof the following: 8 724.4B Carrying firearms on school grounds —— penalty —— 9 exceptions. 10 1. A person who goes armed with, carries, or transports a 11 firearm of any kind, whether concealed or not, on the grounds 12 of a school commits a class “D” felony. For the purposes of 13 this section, “school” means a public or nonpublic school as 14 defined in section 280.2. 15 2. Subsection 1 does not apply to the following: 16 a. A person who has been specifically authorized by the 17 school to go armed with, carry, or transport a firearm on the 18 school grounds for any lawful purpose. 19 b. A peace officer including a peace officer who has 20 not been certified and a federal officer when the officer’s 21 employment requires going armed, whether or not the peace 22 officer or federal officer is acting in the performance of 23 official duties. 24 c. A member of the armed forces of the United States or 25 of the national guard or person in the service of the United 26 States, when the firearm is carried in connection with the 27 person’s duties as such. 28 d. A correctional officer, when the officer’s duties require 29 the officer to carry a firearm, serving under the authority of 30 the Iowa department of corrections. 31 e. A person who for any lawful purpose carries an unloaded 32 pistol, revolver, or other firearm inside a closed and fastened 33 container or securely wrapped package that is too large to be 34 concealed on the person. 35 -5- HF756.1431 (1) 89 js/rh 5/ 14

f. A person who for any lawful purpose carries or 1 transports an unloaded pistol, revolver, or other firearm 2 in a vehicle or common carrier inside a closed and fastened 3 container or securely wrapped package that is too large to be 4 concealed on the person or carries or transports an unloaded 5 pistol, revolver, or other firearm inside a cargo or luggage 6 compartment where the pistol or revolver will not be readily 7 accessible to any person riding in the vehicle or common 8 carrier. 9 g. A law enforcement officer from another state when the 10 officer’s duties require the officer to carry a firearm and the 11 officer is in this state for any of the following reasons: 12 (1) The extradition or other lawful removal of a prisoner 13 from this state. 14 (2) Pursuit of a suspect in compliance with chapter 806. 15 (3) Activities in the capacity of a law enforcement officer 16 with the knowledge and consent of the chief of police of the 17 city or the sheriff of the county in which the activities occur 18 or of the commissioner of public safety. 19 h. A licensee under chapter 80A or an employee of such 20 a licensee, while the licensee or employee is engaged in 21 the performance of duties, and if the licensee or employee 22 possesses a valid professional or nonprofessional permit to 23 carry weapons issued pursuant to this chapter. 24 Sec. 10. NEW SECTION . 724.4D Carrying of dangerous weapons 25 —— duty to cooperate —— reasonable suspicion. 26 A person carrying a dangerous weapon whose behavior creates 27 a reasonable suspicion that the person presents a danger to the 28 person’s self or others shall cooperate with an investigating 29 officer. 30 Sec. 11. NEW SECTION . 724.4E Possession of dangerous 31 weapons and loaded firearms by minors. 32 1. A minor who goes armed with a dangerous weapon concealed 33 on or about the person commits a serious misdemeanor. 34 2. A minor who carries, transports, or possesses a loaded 35 -6- HF756.1431 (1) 89 js/rh 6/ 14

firearm of any kind within the limits of a city or knowingly 1 carries or transports a pistol or revolver in a vehicle commits 2 a serious misdemeanor. 3 3. A minor who goes armed with a dangerous weapon that 4 directs an electric current impulse, wave, or beam that 5 produces a high-voltage pulse designed to immobilize a person, 6 whether concealed or not, commits a simple misdemeanor. 7 Sec. 12. Section 724.5, Code 2021, is amended by striking 8 the section and inserting in lieu thereof the following: 9 724.5 Availability of permit not to be construed as 10 prohibition on unlicensed carrying of weapons. 11 The availability of a professional or nonprofessional permit 12 to carry weapons under this chapter shall not be construed to 13 impose a general prohibition on the otherwise lawful unlicensed 14 carrying or transport, whether openly or concealed, of a 15 dangerous weapon, including a loaded firearm. 16 Sec. 13. Section 724.6, subsection 1, paragraph a, Code 17 2021, is amended to read as follows: 18 a. (1) A person may be issued a permit to carry weapons 19 when the person’s employment in a private investigation 20 business or private security business licensed under chapter 21 80A , or a person’s employment as a peace officer, correctional 22 officer, security guard, bank messenger or other person 23 transporting property of a value requiring security, or in 24 police work, reasonably justifies that person going armed. 25 (2) A person may be issued a permit to carry weapons 26 if the person is an emergency medical care provider who is 27 designated and attached to a law enforcement tactical team by 28 the authorities having jurisdiction. A person issued a permit 29 to carry weapons under this paragraph shall train with the law 30 enforcement tactical team the person is designated and attached 31 to, complete a prescribed firearm safety training course 32 offered pursuant to section 724.9, subsection 1, paragraph 33 “e” , complete any additional training as prescribed by the 34 authorities having jurisdiction, and not be disqualified under 35 -7- HF756.1431 (1) 89 js/rh 7/ 14

section 724.8. 1 Sec. 14. Section 724.6, subsection 2, Code 2021, is amended 2 to read as follows: 3 2. Notwithstanding subsection 1 , fire fighters, as defined 4 in section 411.1, subsection 10 , airport fire fighters included 5 under section 97B.49B , and emergency medical care providers , 6 as defined in section 147A.1 other than emergency medical 7 care providers specified in subsection 1, paragraph “a” , 8 subparagraph (2) , shall not, as a condition of employment, 9 be required to obtain a permit under this section . However, 10 the provisions of this subsection shall not apply to a person 11 designated as an arson investigator by the chief fire officer 12 of a political subdivision. 13 Sec. 15. Section 724.6, Code 2021, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 3. For purposes of this section, “emergency 16 medical care provider” means the same as defined in section 17 147A.1. 18 Sec. 16. NEW SECTION . 724.8B Persons ineligible to possess 19 dangerous weapons. 20 A person determined to be ineligible to receive a permit to 21 carry weapons under section 724.8, subsections 2 through 6, a 22 person who illegally possesses a controlled substance scheduled 23 in chapter 124, subchapter II, or a person committing a crime 24 for which a scheduled fine is not provided is prohibited from 25 possessing dangerous weapons. Unless otherwise provided by 26 law, a person who violates this section commits an aggravated 27 misdemeanor. 28 Sec. 17. Section 724.31, subsection 1, Code 2021, is amended 29 to read as follows: 30 1. When a court issues an order or judgment under the 31 laws of this state by which a person becomes subject to the 32 provisions of 18 U.S.C. §922(d)(4) and (g)(4), the clerk of 33 the district court shall forward only such information as is 34 necessary to identify the person to the department of public 35 -8- HF756.1431 (1) 89 js/rh 8/ 14

safety, which in turn shall enter the information on the Iowa 1 on-line warrants and articles criminal justice information 2 network and forward the information to the federal bureau of 3 investigation or its successor agency for the sole purpose of 4 inclusion in the national instant criminal background check 5 system database. The clerk of the district court shall also 6 notify the person of the prohibitions imposed under 18 U.S.C. 7 §922(d)(4) and (g)(4). 8 DIVISION III 9 HANDGUN SAFETY TRAINING 10 Sec. 18. Section 724.9, subsection 1, paragraphs a and b, 11 Code 2021, are amended to read as follows: 12 a. Completion of any national rifle association handgun 13 safety training course or a handgun safety training course 14 offered by an instructor certified by an organization approved 15 by the department of public safety pursuant to section 724.9A . 16 b. Completion of any handgun safety training course 17 available to the general public offered by a law enforcement 18 agency, community college, college, private or public 19 institution or organization, or firearms training school, 20 utilizing instructors certified by the national rifle 21 association or an organization approved by the department of 22 public safety pursuant to section 724.9A or another state’s 23 department of public safety, state police department, or 24 similar certifying body. 25 Sec. 19. NEW SECTION . 724.9A Approval of organizations that 26 may certify handgun safety training instructors. 27 The department of public safety shall adopt rules to approve 28 organizations that may certify individuals as handgun safety 29 training instructors eligible to offer a handgun safety 30 training course under section 724.9, subsection 1, paragraphs 31 “a” and “b” . 32 DIVISION IV 33 FIREARM REGULATION BY POLITICAL SUBDIVISIONS 34 Sec. 20. Section 724.28, subsections 2 and 3, Code 2021, are 35 -9- HF756.1431 (1) 89 js/rh 9/ 14

amended to read as follows: 1 2. A political subdivision of the state shall not enact an 2 ordinance, motion, resolution, policy, or amendment regulating 3 the ownership, possession, carrying, legal transfer, lawful 4 transportation, modification, registration, or licensing of 5 firearms, firearms attachments, or other weapons when the 6 ownership, possession, carrying, transfer, transportation, or 7 modification is otherwise lawful under the laws of this state. 8 An ordinance regulating firearms, firearms attachments, or 9 other weapons in violation of this section existing on or after 10 April 5, 1990, is void. 11 3. If a political subdivision of the state, prior to, on, 12 or after July 1, 2020, adopts, makes, enacts, or amends any 13 ordinance, measure, enactment, rule, resolution, motion, or 14 policy regulating the ownership, possession, carrying, legal 15 transfer, lawful transportation, modification, registration, 16 or licensing of firearms, firearms attachments, or other 17 weapons when the ownership, possession, carrying, transfer, 18 transportation, modification, registration, or licensing 19 of firearms, firearms attachments, or other weapons is 20 otherwise lawful under the laws of this state, a person 21 adversely affected by the ordinance, measure, enactment, rule, 22 resolution, motion, or policy may file suit in the appropriate 23 court for declaratory and injunctive relief and all damages 24 attributable to the violation. A court shall also award the 25 prevailing party in any such lawsuit reasonable attorney fees 26 and court costs. 27 DIVISION V 28 POSSESSION AND STORAGE OF A FIREARM BY A TENANT 29 Sec. 21. Section 562A.11, Code 2021, is amended to read as 30 follows: 31 562A.11 Prohibited provisions in rental agreements. 32 1. A rental agreement shall not provide that the tenant or 33 landlord does any of the following : 34 a. Agrees to waive or to forego rights or remedies under 35 -10- HF756.1431 (1) 89 js/rh 10/ 14

this chapter provided that this restriction shall not apply to 1 rental agreements covering single family residences on land 2 assessed as agricultural land and located in an unincorporated 3 area ; . 4 b. Authorizes a person to confess judgment on a claim 5 arising out of the rental agreement ; . 6 c. Agrees to pay the other party’s attorney fees ; or . 7 d. Agrees to the exculpation or limitation of any liability 8 of the other party arising under law or to indemnify the other 9 party for that liability or the associated costs connected 10 therewith . 11 1A. If the landlord receives rental assistance payments 12 under a rental assistance agreement administered by the 13 United States department of agriculture under the multifamily 14 housing rental assistance program under Tit. V of the federal 15 Housing Act of 1949, Pub. L. No. 81-171, or receives housing 16 assistance payments under a housing assistance payment contract 17 administered by the United States department of housing and 18 urban development under the housing choice voucher program, 19 the new construction program, the substantial rehabilitation 20 program, or the moderate rehabilitation program under section 8 21 of the United States Housing Act of 1937, Pub. L. No. 75-412, a 22 rental agreement shall not contain a provision or impose a rule 23 that requires a person to agree, as a condition of tenancy, to 24 a prohibition or restriction on the lawful ownership, use, or 25 possession of a firearm, a firearm component, or ammunition 26 within the tenant’s specific rental unit. A landlord may 27 impose reasonable restrictions related to the possession, 28 use, or transportation of a firearm, a firearm component, or 29 ammunition within common areas as long as those restrictions do 30 not circumvent the purpose of this subsection. A tenant shall 31 exercise reasonable care in the storage of a firearm, a firearm 32 component, or ammunition. This subsection does not apply to 33 any prohibition or restriction that is required by federal or 34 state law, rule, or regulation. 35 -11- HF756.1431 (1) 89 js/rh 11/ 14

2. A provision prohibited by subsection 1 this section 1 included in a rental agreement is unenforceable. If a landlord 2 willfully uses a rental agreement containing provisions known 3 by the landlord to be prohibited, a tenant may recover actual 4 damages sustained by the tenant and not more than three months’ 5 periodic rent and reasonable attorney fees. 6 Sec. 22. Section 562A.16, Code 2021, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 3. Except in cases of willful, reckless, or 9 gross negligence, a landlord is not liable in a civil action 10 for personal injury, death, property damage, or other damages 11 resulting from or arising out of an occurrence involving a 12 firearm, a firearm component, or ammunition that the landlord 13 is required to allow on the property under section 562A.11. 14 Sec. 23. Section 562A.27A, subsection 2, paragraph b, Code 15 2021, is amended to read as follows: 16 b. Illegal use of a firearm or other weapon, the threat to 17 use a firearm or other weapon illegally, or possession of an 18 illegal firearm. The mere possession or storage of a firearm 19 by a tenant in the dwelling unit that the tenant rents does not 20 constitute a clear and present danger. 21 Sec. 24. Section 562B.11, Code 2021, is amended by adding 22 the following new subsection: 23 NEW SUBSECTION . 1A. If the landlord receives rental 24 assistance payments under a rental assistance agreement 25 administered by the United States department of agriculture 26 under the multifamily housing rental assistance program 27 under Tit. V of the federal Housing Act of 1949, Pub. L. 28 No. 81-171, or receives housing assistance payments under a 29 housing assistance payment contract administered by the United 30 States department of housing and urban development under the 31 housing choice voucher program, the new construction program, 32 the substantial rehabilitation program, or the moderate 33 rehabilitation program under section 8 of the United States 34 Housing Act of 1937, Pub. L. No. 75-412, a rental agreement 35 -12- HF756.1431 (1) 89 js/rh 12/ 14

shall not contain a provision or impose a rule that requires a 1 person to agree, as a condition of tenancy, to a prohibition or 2 restriction on the lawful ownership, use, or possession of a 3 firearm, a firearm component, or ammunition within the tenant’s 4 specific rental unit. A landlord may impose reasonable 5 restrictions related to the possession, use, or transportation 6 of a firearm, a firearm component, or ammunition within common 7 areas as long as those restrictions do not circumvent the 8 purpose of this subsection. A tenant shall exercise reasonable 9 care in the storage of a firearm, a firearm component, or 10 ammunition. This subsection does not apply to any prohibition 11 or restriction that is required by federal or state law, rule, 12 or regulation. 13 Sec. 25. Section 562B.11, subsection 2, Code 2021, is 14 amended to read as follows: 15 2. A provision prohibited by subsection 1 this section 16 included in a rental agreement is unenforceable. If a landlord 17 or tenant knowingly uses a rental agreement containing 18 provisions known to be prohibited by this chapter , the other 19 party may recover actual damages sustained. 20 Sec. 26. Section 562B.17, Code 2021, is amended by adding 21 the following new subsection: 22 NEW SUBSECTION . 3. Except in cases of willful, reckless, or 23 gross negligence, a landlord is not liable in a civil action 24 for personal injury, death, property damage, or other damages 25 resulting from or arising out of an occurrence involving a 26 firearm, a firearm component, or ammunition that the landlord 27 is required to allow on the property under section 562B.11. 28 Sec. 27. Section 562B.25A, subsection 2, paragraph b, Code 29 2021, is amended to read as follows: 30 b. Illegal use of a firearm or other weapon, the threat to 31 use a firearm or other weapon illegally, or possession of an 32 illegal firearm. The mere possession or storage of a firearm 33 by a tenant in the tenant’s dwelling unit does not constitute a 34 clear and present danger. > 35 -13- HF756.1431 (1) 89 js/rh 13/ 14