Senate
File
535
S-3087
Amend
Senate
File
535
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.
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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
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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
Sec.
5.
NEW
SECTION
.
724.31A
Identifying
information
——
34
background
checks.
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1.
When
a
court
issues
an
order
or
judgment
by
which
a
1
person
is
prohibited
from
acquiring
a
pistol
or
revolver
under
2
section
724.15,
subsection
2,
paragraph
“d”
,
the
clerk
of
3
the
district
court
shall
forward
only
such
information
as
is
4
necessary
to
identify
the
person
to
the
department
of
public
5
safety,
which
in
turn
shall
forward
the
information
to
the
6
federal
bureau
of
investigation
or
its
successor
agency
for
7
the
sole
purpose
of
inclusion
in
the
national
instant
criminal
8
background
check
system
database.
The
clerk
of
the
district
9
court
shall
also
notify
the
person
of
the
prohibitions
imposed
10
under
this
section.
11
2.
The
department
of
public
safety
shall,
as
soon
as
12
is
practicable
after
receiving
a
written
request
from
the
13
person
prohibited
from
acquiring
a
pistol
or
revolver
under
14
section
724.15,
subsection
2,
paragraph
“d”
,
update,
correct,
15
modify,
or
remove
the
person’s
record
in
any
database
that
the
16
department
of
public
safety
makes
available
to
the
national
17
instant
criminal
background
check
system
and
shall
notify
the
18
United
States
department
of
justice
that
the
basis
for
such
19
record
being
made
available
no
longer
applies.
20
DIVISION
II
21
CARRYING
AND
POSSESSING
WEAPONS
——
SCHOOL
GROUNDS
——
EMERGENCY
22
MEDICAL
CARE
PROVIDERS
23
Sec.
6.
Section
8A.322,
subsection
3,
Code
2021,
is
amended
24
to
read
as
follows:
25
3.
The
director
shall
establish,
publish,
and
enforce
26
rules
regulating
and
restricting
the
use
by
the
public
of
the
27
capitol
buildings
and
grounds
and
of
the
state
laboratories
28
facility
in
Ankeny.
The
rules
when
established
shall
be
29
posted
in
conspicuous
places
about
the
capitol
buildings
and
30
grounds
and
the
state
laboratories
facility,
as
applicable.
31
Any
person
violating
any
rule,
except
a
parking
regulation,
32
shall
be
guilty
of
a
simple
misdemeanor.
The
rules
shall
33
prohibit
a
person,
other
than
a
peace
officer,
from
openly
34
carrying
a
pistol
or
revolver
in
the
capitol
building
and
on
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the
grounds
surrounding
the
capitol
building
including
state
1
parking
lots
and
parking
garages.
However,
this
subsection
2
shall
not
be
construed
to
allow
the
director
to
prohibit
3
the
lawful
carrying,
transportation,
or
possession
of
any
4
pistol
or
revolver
in
the
capitol
building
and
on
the
grounds
5
surrounding
the
capitol
building
including
state
parking
lots
6
and
parking
garages
by
a
any
person
who
displays
to
capitol
7
security
personnel
a
valid
permit
to
carry
weapons
upon
request
8
regardless
of
whether
the
person
has
a
valid
permit
to
carry
9
weapons
.
10
Sec.
7.
Section
232.52,
subsection
2,
paragraph
a,
11
subparagraph
(4),
subparagraph
division
(a),
subparagraph
12
subdivision
(viii),
Code
2021,
is
amended
to
read
as
follows:
13
(viii)
Section
724.4
,
if
the
child
used
the
dangerous
weapon
14
in
the
commission
of
a
crime
.
15
Sec.
8.
Section
724.2A,
Code
2021,
is
amended
to
read
as
16
follows:
17
724.2A
Peace
officer
——
defined
——
reserved
peace
officer
18
included.
19
As
used
in
sections
724.4,
724.4B,
724.6
,
and
724.11
,
“peace
20
officer”
includes
a
reserve
peace
officer
as
defined
in
section
21
80D.1A
.
22
Sec.
9.
Section
724.4,
Code
2021,
is
amended
by
striking
the
23
section
and
inserting
in
lieu
thereof
the
following:
24
724.4
Use
of
a
dangerous
weapon
in
the
commission
of
a
crime.
25
A
person
who
goes
armed
with
a
dangerous
weapon
on
or
about
26
the
person,
and
who
uses
the
dangerous
weapon
in
the
commission
27
of
a
crime,
commits
an
aggravated
misdemeanor,
except
as
28
provided
in
section
708.8.
29
Sec.
10.
Section
724.4B,
Code
2021,
is
amended
by
striking
30
the
section
and
inserting
in
lieu
thereof
the
following:
31
724.4B
Carrying
firearms
on
school
grounds
——
penalty
——
32
exceptions.
33
1.
A
person
who
goes
armed
with,
carries,
or
transports
a
34
firearm
of
any
kind,
whether
concealed
or
not,
on
the
grounds
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of
a
school
commits
a
class
“D”
felony.
For
the
purposes
of
1
this
section,
“school”
means
a
public
or
nonpublic
school
as
2
defined
in
section
280.2.
3
2.
Subsection
1
does
not
apply
to
the
following:
4
a.
A
person
who
has
been
specifically
authorized
by
the
5
school
to
go
armed
with,
carry,
or
transport
a
firearm
on
the
6
school
grounds
for
any
lawful
purpose.
7
b.
A
peace
officer
including
a
peace
officer
who
has
8
not
been
certified
and
a
federal
officer
when
the
officer’s
9
employment
requires
going
armed,
whether
or
not
the
peace
10
officer
or
federal
officer
is
acting
in
the
performance
of
11
official
duties.
12
c.
A
member
of
the
armed
forces
of
the
United
States
or
13
of
the
national
guard
or
person
in
the
service
of
the
United
14
States,
when
the
firearm
is
carried
in
connection
with
the
15
person’s
duties
as
such.
16
d.
A
correctional
officer,
when
the
officer’s
duties
require
17
the
officer
to
carry
a
firearm,
serving
under
the
authority
of
18
the
Iowa
department
of
corrections.
19
e.
A
person
who
for
any
lawful
purpose
carries
an
unloaded
20
pistol,
revolver,
or
other
firearm
inside
a
closed
and
fastened
21
container
or
securely
wrapped
package
that
is
too
large
to
be
22
concealed
on
the
person.
23
f.
A
person
who
for
any
lawful
purpose
carries
or
24
transports
an
unloaded
pistol,
revolver,
or
other
firearm
25
in
a
vehicle
or
common
carrier
inside
a
closed
and
fastened
26
container
or
securely
wrapped
package
that
is
too
large
to
be
27
concealed
on
the
person
or
carries
or
transports
an
unloaded
28
pistol,
revolver,
or
other
firearm
inside
a
cargo
or
luggage
29
compartment
where
the
pistol
or
revolver
will
not
be
readily
30
accessible
to
any
person
riding
in
the
vehicle
or
common
31
carrier.
32
g.
A
law
enforcement
officer
from
another
state
when
the
33
officer’s
duties
require
the
officer
to
carry
a
firearm
and
the
34
officer
is
in
this
state
for
any
of
the
following
reasons:
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(1)
The
extradition
or
other
lawful
removal
of
a
prisoner
1
from
this
state.
2
(2)
Pursuit
of
a
suspect
in
compliance
with
chapter
806.
3
(3)
Activities
in
the
capacity
of
a
law
enforcement
officer
4
with
the
knowledge
and
consent
of
the
chief
of
police
of
the
5
city
or
the
sheriff
of
the
county
in
which
the
activities
occur
6
or
of
the
commissioner
of
public
safety.
7
h.
A
licensee
under
chapter
80A
or
an
employee
of
such
8
a
licensee,
while
the
licensee
or
employee
is
engaged
in
9
the
performance
of
duties,
and
if
the
licensee
or
employee
10
possesses
a
valid
professional
or
nonprofessional
permit
to
11
carry
weapons
issued
pursuant
to
this
chapter.
12
Sec.
11.
NEW
SECTION
.
724.4D
Carrying
of
dangerous
weapons
13
——
duty
to
cooperate
——
reasonable
suspicion.
14
A
person
carrying
a
dangerous
weapon
whose
behavior
creates
15
a
reasonable
suspicion
that
the
person
presents
a
danger
to
the
16
person’s
self
or
others
shall
cooperate
with
an
investigating
17
officer.
18
Sec.
12.
NEW
SECTION
.
724.4E
Possession
of
dangerous
19
weapons
and
loaded
firearms
by
minors.
20
1.
A
minor
who
goes
armed
with
a
dangerous
weapon
concealed
21
on
or
about
the
person
commits
a
serious
misdemeanor.
22
2.
A
minor
who
carries,
transports,
or
possesses
a
loaded
23
firearm
of
any
kind
within
the
limits
of
a
city
or
knowingly
24
carries
or
transports
a
pistol
or
revolver
in
a
vehicle
commits
25
a
serious
misdemeanor.
26
3.
A
minor
who
goes
armed
with
a
dangerous
weapon
that
27
directs
an
electric
current
impulse,
wave,
or
beam
that
28
produces
a
high-voltage
pulse
designed
to
immobilize
a
person,
29
whether
concealed
or
not,
commits
a
simple
misdemeanor.
30
Sec.
13.
Section
724.5,
Code
2021,
is
amended
by
striking
31
the
section
and
inserting
in
lieu
thereof
the
following:
32
724.5
Availability
of
permit
not
to
be
construed
as
33
prohibition
on
unlicensed
carrying
of
weapons.
34
The
availability
of
a
professional
or
nonprofessional
permit
35
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this
SF
535
to
CONFORM
to
HF
756)
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to
carry
weapons
under
this
chapter
shall
not
be
construed
to
1
impose
a
general
prohibition
on
the
otherwise
lawful
unlicensed
2
carrying
or
transport,
whether
openly
or
concealed,
of
a
3
dangerous
weapon,
including
a
loaded
firearm.
4
Sec.
14.
Section
724.6,
subsection
1,
paragraph
a,
Code
5
2021,
is
amended
to
read
as
follows:
6
a.
(1)
A
person
may
be
issued
a
permit
to
carry
weapons
7
when
the
person’s
employment
in
a
private
investigation
8
business
or
private
security
business
licensed
under
chapter
9
80A
,
or
a
person’s
employment
as
a
peace
officer,
correctional
10
officer,
security
guard,
bank
messenger
or
other
person
11
transporting
property
of
a
value
requiring
security,
or
in
12
police
work,
reasonably
justifies
that
person
going
armed.
13
(2)
A
person
may
be
issued
a
permit
to
carry
weapons
14
if
the
person
is
an
emergency
medical
care
provider
who
is
15
designated
and
attached
to
a
law
enforcement
tactical
team
by
16
the
authorities
having
jurisdiction.
A
person
issued
a
permit
17
to
carry
weapons
under
this
paragraph
shall
train
with
the
law
18
enforcement
tactical
team
the
person
is
designated
and
attached
19
to,
complete
a
prescribed
firearm
safety
training
course
20
offered
pursuant
to
section
724.9,
subsection
1,
paragraph
21
“e”
,
complete
any
additional
training
as
prescribed
by
the
22
authorities
having
jurisdiction,
and
not
be
disqualified
under
23
section
724.8.
24
Sec.
15.
Section
724.6,
subsection
2,
Code
2021,
is
amended
25
to
read
as
follows:
26
2.
Notwithstanding
subsection
1
,
fire
fighters,
as
defined
27
in
section
411.1,
subsection
10
,
airport
fire
fighters
included
28
under
section
97B.49B
,
and
emergency
medical
care
providers
,
29
as
defined
in
section
147A.1
other
than
emergency
medical
30
care
providers
specified
in
subsection
1,
paragraph
“a”
,
31
subparagraph
(2)
,
shall
not,
as
a
condition
of
employment,
32
be
required
to
obtain
a
permit
under
this
section
.
However,
33
the
provisions
of
this
subsection
shall
not
apply
to
a
person
34
designated
as
an
arson
investigator
by
the
chief
fire
officer
35
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this
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535
to
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to
HF
756)
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14
of
a
political
subdivision.
1
Sec.
16.
Section
724.6,
Code
2021,
is
amended
by
adding
the
2
following
new
subsection:
3
NEW
SUBSECTION
.
3.
For
purposes
of
this
section,
“emergency
4
medical
care
provider”
means
the
same
as
defined
in
section
5
147A.1.
6
Sec.
17.
NEW
SECTION
.
724.8B
Persons
ineligible
to
carry
7
dangerous
weapons.
8
A
person
determined
to
be
ineligible
to
receive
a
permit
9
to
carry
weapons
under
section
724.8,
subsection
2,
3,
4,
5,
10
or
6,
a
person
who
illegally
possesses
a
controlled
substance
11
included
in
chapter
124,
subchapter
II,
or
a
person
who
is
12
committing
an
indictable
offense
is
prohibited
from
carrying
13
dangerous
weapons.
Unless
otherwise
provided
by
law,
a
person
14
who
violates
this
section
commits
a
serious
misdemeanor.
15
Sec.
18.
Section
724.31,
subsection
1,
Code
2021,
is
amended
16
to
read
as
follows:
17
1.
When
a
court
issues
an
order
or
judgment
under
the
18
laws
of
this
state
by
which
a
person
becomes
subject
to
the
19
provisions
of
18
U.S.C.
§922(d)(4)
and
(g)(4),
the
clerk
of
20
the
district
court
shall
forward
only
such
information
as
is
21
necessary
to
identify
the
person
to
the
department
of
public
22
safety,
which
in
turn
shall
enter
the
information
on
the
Iowa
23
on-line
warrants
and
articles
criminal
justice
information
24
network
and
forward
the
information
to
the
federal
bureau
of
25
investigation
or
its
successor
agency
for
the
sole
purpose
of
26
inclusion
in
the
national
instant
criminal
background
check
27
system
database.
The
clerk
of
the
district
court
shall
also
28
notify
the
person
of
the
prohibitions
imposed
under
18
U.S.C.
29
§922(d)(4)
and
(g)(4).
30
DIVISION
III
31
HANDGUN
SAFETY
TRAINING
32
Sec.
19.
Section
724.9,
subsection
1,
paragraphs
a
and
b,
33
Code
2021,
are
amended
to
read
as
follows:
34
a.
Completion
of
any
national
rifle
association
handgun
35
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this
SF
535
to
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756)
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safety
training
course
or
a
handgun
safety
training
course
1
offered
by
an
instructor
certified
by
an
organization
approved
2
by
the
department
of
public
safety
pursuant
to
section
724.9A
.
3
b.
Completion
of
any
handgun
safety
training
course
4
available
to
the
general
public
offered
by
a
law
enforcement
5
agency,
community
college,
college,
private
or
public
6
institution
or
organization,
or
firearms
training
school,
7
utilizing
instructors
certified
by
the
national
rifle
8
association
or
an
organization
approved
by
the
department
of
9
public
safety
pursuant
to
section
724.9A
or
another
state’s
10
department
of
public
safety,
state
police
department,
or
11
similar
certifying
body.
12
Sec.
20.
NEW
SECTION
.
724.9A
Approval
of
organizations
that
13
may
certify
handgun
safety
training
instructors.
14
The
department
of
public
safety
shall
adopt
rules
to
approve
15
organizations
that
may
certify
individuals
as
handgun
safety
16
training
instructors
eligible
to
offer
a
handgun
safety
17
training
course
under
section
724.9,
subsection
1,
paragraphs
18
“a”
and
“b”
.
19
DIVISION
IV
20
FIREARM
REGULATION
BY
POLITICAL
SUBDIVISIONS
21
Sec.
21.
Section
724.28,
subsections
2
and
3,
Code
2021,
are
22
amended
to
read
as
follows:
23
2.
A
political
subdivision
of
the
state
shall
not
enact
an
24
ordinance,
motion,
resolution,
policy,
or
amendment
regulating
25
the
ownership,
possession,
carrying,
legal
transfer,
lawful
26
transportation,
modification,
registration,
or
licensing
of
27
firearms,
firearms
attachments,
or
other
weapons
when
the
28
ownership,
possession,
carrying,
transfer,
transportation,
or
29
modification
is
otherwise
lawful
under
the
laws
of
this
state.
30
An
ordinance
regulating
firearms,
firearms
attachments,
or
31
other
weapons
in
violation
of
this
section
existing
on
or
after
32
April
5,
1990,
is
void.
33
3.
If
a
political
subdivision
of
the
state,
prior
to,
on,
34
or
after
July
1,
2020,
adopts,
makes,
enacts,
or
amends
any
35
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(amending
this
SF
535
to
CONFORM
to
HF
756)
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ordinance,
measure,
enactment,
rule,
resolution,
motion,
or
1
policy
regulating
the
ownership,
possession,
carrying,
legal
2
transfer,
lawful
transportation,
modification,
registration,
3
or
licensing
of
firearms,
firearms
attachments,
or
other
4
weapons
when
the
ownership,
possession,
carrying,
transfer,
5
transportation,
modification,
registration,
or
licensing
6
of
firearms,
firearms
attachments,
or
other
weapons
is
7
otherwise
lawful
under
the
laws
of
this
state,
a
person
8
adversely
affected
by
the
ordinance,
measure,
enactment,
rule,
9
resolution,
motion,
or
policy
may
file
suit
in
the
appropriate
10
court
for
declaratory
and
injunctive
relief
and
all
damages
11
attributable
to
the
violation.
A
court
shall
also
award
the
12
prevailing
party
in
any
such
lawsuit
reasonable
attorney
fees
13
and
court
costs.
14
DIVISION
V
15
POSSESSION
AND
STORAGE
OF
A
FIREARM
BY
A
TENANT
16
Sec.
22.
Section
562A.11,
Code
2021,
is
amended
to
read
as
17
follows:
18
562A.11
Prohibited
provisions
in
rental
agreements.
19
1.
A
rental
agreement
shall
not
provide
that
the
tenant
or
20
landlord
does
any
of
the
following
:
21
a.
Agrees
to
waive
or
to
forego
rights
or
remedies
under
22
this
chapter
provided
that
this
restriction
shall
not
apply
to
23
rental
agreements
covering
single
family
residences
on
land
24
assessed
as
agricultural
land
and
located
in
an
unincorporated
25
area
;
.
26
b.
Authorizes
a
person
to
confess
judgment
on
a
claim
27
arising
out
of
the
rental
agreement
;
.
28
c.
Agrees
to
pay
the
other
party’s
attorney
fees
;
or
.
29
d.
Agrees
to
the
exculpation
or
limitation
of
any
liability
30
of
the
other
party
arising
under
law
or
to
indemnify
the
other
31
party
for
that
liability
or
the
associated
costs
connected
32
therewith
.
33
1A.
If
the
landlord
receives
rental
assistance
payments
34
under
a
rental
assistance
agreement
administered
by
the
35
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(amending
this
SF
535
to
CONFORM
to
HF
756)
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14
United
States
department
of
agriculture
under
the
multifamily
1
housing
rental
assistance
program
under
Tit.
V
of
the
federal
2
Housing
Act
of
1949,
Pub.
L.
No.
81-171,
or
receives
housing
3
assistance
payments
under
a
housing
assistance
payment
contract
4
administered
by
the
United
States
department
of
housing
and
5
urban
development
under
the
housing
choice
voucher
program,
6
the
new
construction
program,
the
substantial
rehabilitation
7
program,
or
the
moderate
rehabilitation
program
under
section
8
8
of
the
United
States
Housing
Act
of
1937,
Pub.
L.
No.
75-412,
a
9
rental
agreement
shall
not
contain
a
provision
or
impose
a
rule
10
that
requires
a
person
to
agree,
as
a
condition
of
tenancy,
to
11
a
prohibition
or
restriction
on
the
lawful
ownership,
use,
or
12
possession
of
a
firearm,
a
firearm
component,
or
ammunition
13
within
the
tenant’s
specific
rental
unit.
A
landlord
may
14
impose
reasonable
restrictions
related
to
the
possession,
15
use,
or
transportation
of
a
firearm,
a
firearm
component,
or
16
ammunition
within
common
areas
as
long
as
those
restrictions
do
17
not
circumvent
the
purpose
of
this
subsection.
A
tenant
shall
18
exercise
reasonable
care
in
the
storage
of
a
firearm,
a
firearm
19
component,
or
ammunition.
This
subsection
does
not
apply
to
20
any
prohibition
or
restriction
that
is
required
by
federal
or
21
state
law,
rule,
or
regulation.
22
2.
A
provision
prohibited
by
subsection
1
this
section
23
included
in
a
rental
agreement
is
unenforceable.
If
a
landlord
24
willfully
uses
a
rental
agreement
containing
provisions
known
25
by
the
landlord
to
be
prohibited,
a
tenant
may
recover
actual
26
damages
sustained
by
the
tenant
and
not
more
than
three
months’
27
periodic
rent
and
reasonable
attorney
fees.
28
Sec.
23.
Section
562A.16,
Code
2021,
is
amended
by
adding
29
the
following
new
subsection:
30
NEW
SUBSECTION
.
3.
Except
in
cases
of
willful,
reckless,
or
31
gross
negligence,
a
landlord
is
not
liable
in
a
civil
action
32
for
personal
injury,
death,
property
damage,
or
other
damages
33
resulting
from
or
arising
out
of
an
occurrence
involving
a
34
firearm,
a
firearm
component,
or
ammunition
that
the
landlord
35
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(3)
89
(amending
this
SF
535
to
CONFORM
to
HF
756)
js/rh
12/
14
is
required
to
allow
on
the
property
under
section
562A.11.
1
Sec.
24.
Section
562A.27A,
subsection
2,
paragraph
b,
Code
2
2021,
is
amended
to
read
as
follows:
3
b.
Illegal
use
of
a
firearm
or
other
weapon,
the
threat
to
4
use
a
firearm
or
other
weapon
illegally,
or
possession
of
an
5
illegal
firearm.
The
mere
possession
or
storage
of
a
firearm
6
by
a
tenant
in
the
dwelling
unit
that
the
tenant
rents
does
not
7
constitute
a
clear
and
present
danger.
8
Sec.
25.
Section
562B.11,
Code
2021,
is
amended
by
adding
9
the
following
new
subsection:
10
NEW
SUBSECTION
.
1A.
If
the
landlord
receives
rental
11
assistance
payments
under
a
rental
assistance
agreement
12
administered
by
the
United
States
department
of
agriculture
13
under
the
multifamily
housing
rental
assistance
program
14
under
Tit.
V
of
the
federal
Housing
Act
of
1949,
Pub.
L.
15
No.
81-171,
or
receives
housing
assistance
payments
under
a
16
housing
assistance
payment
contract
administered
by
the
United
17
States
department
of
housing
and
urban
development
under
the
18
housing
choice
voucher
program,
the
new
construction
program,
19
the
substantial
rehabilitation
program,
or
the
moderate
20
rehabilitation
program
under
section
8
of
the
United
States
21
Housing
Act
of
1937,
Pub.
L.
No.
75-412,
a
rental
agreement
22
shall
not
contain
a
provision
or
impose
a
rule
that
requires
a
23
person
to
agree,
as
a
condition
of
tenancy,
to
a
prohibition
or
24
restriction
on
the
lawful
ownership,
use,
or
possession
of
a
25
firearm,
a
firearm
component,
or
ammunition
within
the
tenant’s
26
specific
rental
unit.
A
landlord
may
impose
reasonable
27
restrictions
related
to
the
possession,
use,
or
transportation
28
of
a
firearm,
a
firearm
component,
or
ammunition
within
common
29
areas
as
long
as
those
restrictions
do
not
circumvent
the
30
purpose
of
this
subsection.
A
tenant
shall
exercise
reasonable
31
care
in
the
storage
of
a
firearm,
a
firearm
component,
or
32
ammunition.
This
subsection
does
not
apply
to
any
prohibition
33
or
restriction
that
is
required
by
federal
or
state
law,
rule,
34
or
regulation.
35
-13-
SF535.1504
(3)
89
(amending
this
SF
535
to
CONFORM
to
HF
756)
js/rh
13/
14
Sec.
26.
Section
562B.11,
subsection
2,
Code
2021,
is
1
amended
to
read
as
follows:
2
2.
A
provision
prohibited
by
subsection
1
this
section
3
included
in
a
rental
agreement
is
unenforceable.
If
a
landlord
4
or
tenant
knowingly
uses
a
rental
agreement
containing
5
provisions
known
to
be
prohibited
by
this
chapter
,
the
other
6
party
may
recover
actual
damages
sustained.
7
Sec.
27.
Section
562B.17,
Code
2021,
is
amended
by
adding
8
the
following
new
subsection:
9
NEW
SUBSECTION
.
3.
Except
in
cases
of
willful,
reckless,
or
10
gross
negligence,
a
landlord
is
not
liable
in
a
civil
action
11
for
personal
injury,
death,
property
damage,
or
other
damages
12
resulting
from
or
arising
out
of
an
occurrence
involving
a
13
firearm,
a
firearm
component,
or
ammunition
that
the
landlord
14
is
required
to
allow
on
the
property
under
section
562B.11.
15
Sec.
28.
Section
562B.25A,
subsection
2,
paragraph
b,
Code
16
2021,
is
amended
to
read
as
follows:
17
b.
Illegal
use
of
a
firearm
or
other
weapon,
the
threat
to
18
use
a
firearm
or
other
weapon
illegally,
or
possession
of
an
19
illegal
firearm.
The
mere
possession
or
storage
of
a
firearm
20
by
a
tenant
in
the
tenant’s
dwelling
unit
does
not
constitute
a
21
clear
and
present
danger.
>
22
______________________________
JASON
SCHULTZ
-14-
SF535.1504
(3)
89
(amending
this
SF
535
to
CONFORM
to
HF
756)
js/rh
14/
14