House File 2341
HOUSE FILE
BY COMMITTEE ON PUBLIC SAFETY
(SUCCESSOR TO HF 2199)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act allowing off=duty, out=of=state, and retired peace
2 officers to carry weapons.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5074HV 80
5 rh/sh/8
PAG LIN
1 1 Section 1. Section 724.4, subsection 4, paragraph b, Code
1 2 2003, is amended to read as follows:
1 3 b. A peace officer, including an off=duty and an out=of=
1 4 state peace officer, when the officer's duties require the
1 5 person to carry such weapons.
1 6 For the purposes of this paragraph "b", the following
1 7 definitions shall apply:
1 8 (1) "Off=duty peace officer" means a peace officer who
1 9 meets all of the following requirements:
1 10 (a) Is not responsible for or engaged in assigned duties
1 11 related to the officer's regular course of employment as a
1 12 peace officer.
1 13 (b) Is required to carry weapons, as described in
1 14 subsection 1 during the officer's regular course of employment
1 15 as a peace officer.
1 16 (c) Is not the subject of any disciplinary action.
1 17 (2) "Out=of=state peace officer" means the same as defined
1 18 in section 804.7B, subsection 1.
1 19 Sec. 2. Section 724.4, subsection 4, Code 2003, is amended
1 20 by adding the following new paragraph:
1 21 NEW PARAGRAPH. bb. A retired peace officer. For the
1 22 purposes of this chapter, "retired peace officer" means a
1 23 peace officer who meets both of the following requirements:
1 24 (1) Is retired in good standing from employment as a peace
1 25 officer.
1 26 (2) Prior to such retirement, was authorized by law to
1 27 engage in or supervise the prevention, detection,
1 28 investigation, or prosecution of, or the incarceration of, any
1 29 person for any violation of law, and had statutory powers of
1 30 arrest.
1 31 Sec. 3. Section 724.7, Code 2003, is amended to read as
1 32 follows:
1 33 724.7 NONPROFESSIONAL PERMIT TO CARRY WEAPONS.
1 34 1. Any Except as otherwise provided in subsection 2, any
1 35 person who can reasonably justify going armed may be issued a
2 1 nonprofessional permit to carry weapons. Such permits shall
2 2 be on a form prescribed and published by the commissioner of
2 3 public safety, which shall be readily distinguishable from the
2 4 professional permit, and shall identify the holder thereof,
2 5 and state the reason for the issuance of the permit, and the
2 6 limits of the authority granted by such permit. All permits
2 7 so issued shall be for a definite period as established by the
2 8 issuing officer, but in no event shall exceed a period of
2 9 twelve months.
2 10 2. A retired peace officer, as defined in section 724.4,
2 11 shall be issued a nonprofessional permit to carry weapons for
2 12 a period not to exceed four years, upon a determination that
2 13 the requirements of sections 724.8 to 724.10 have been met.
2 14 Sec. 4. Section 724.11, Code 2003, is amended to read as
2 15 follows:
2 16 724.11 ISSUANCE OF PERMIT TO CARRY WEAPONS.
2 17 Applications for permits to carry weapons shall be made to
2 18 the sheriff of the county in which the applicant resides.
2 19 Applications from persons who are nonresidents of the state,
2 20 or whose need to go armed arises out of employment by the
2 21 state, shall be made to the commissioner of public safety. In
2 22 either case Except as otherwise provided in section 724.7, the
2 23 issuance of the permit shall be by and at the discretion of
2 24 the sheriff or commissioner, who shall, before issuing the
2 25 permit, determine that the requirements of sections 724.6 to
2 26 724.10 have been satisfied. However, the training program
2 27 requirements in section 724.9 may be waived for renewal
2 28 permits. The issuing officer shall collect a fee of ten
2 29 dollars, except from a duly appointed peace officer or
2 30 correctional officer, for each permit issued. Renewal permits
2 31 or duplicate permits shall be issued for a fee of five
2 32 dollars. The issuing officer shall notify the commissioner of
2 33 public safety of the issuance of any permit at least monthly
2 34 and forward to the commissioner an amount equal to two dollars
2 35 for each permit issued and one dollar for each renewal or
3 1 duplicate permit issued. All such fees received by the
3 2 commissioner shall be paid to the treasurer of state and
3 3 deposited in the operating account of the department of public
3 4 safety to offset the cost of administering this chapter. Any
3 5 unspent balance as of June 30 of each year shall revert to the
3 6 general fund as provided by section 8.33.
3 7 EXPLANATION
3 8 This bill allows off=duty, out=of=state, and retired peace
3 9 officers to carry weapons.
3 10 The bill defines "off=duty peace officer" to mean a peace
3 11 officer who is not responsible for or engaged in assigned
3 12 duties related to the officer's regular course of employment
3 13 as a peace officer, is required to carry weapons during the
3 14 officer's regular course of employment as a peace officer, and
3 15 is not the subject of any disciplinary action.
3 16 The bill defines "out=of=state peace officer" to mean a
3 17 person employed full=time as a peace officer by a state other
3 18 than Iowa or a political subdivision of a state other than
3 19 Iowa who has arrest powers under the laws of that
3 20 jurisdiction, who is authorized to carry a firearm in the
3 21 performance of the person's duties, and who is certified or
3 22 licensed as a regular peace officer in the appropriate out=of=
3 23 state jurisdiction. In addition, the definition of "out=of=
3 24 state peace officer" includes a federal law enforcement
3 25 officer.
3 26 The bill further provides that a retired peace officer
3 27 shall be issued a nonprofessional permit to carry weapons for
3 28 a period not to exceed four years, upon a determination by
3 29 either the sheriff of the county in which the applicant
3 30 resides, or by the commissioner of public safety for
3 31 nonresidents, that certain minimum requirements have been met,
3 32 pursuant to Code sections 724.8 through 724.10. Currently, a
3 33 permit to carry a weapon is issued by and at the discretion of
3 34 the sheriff or commissioner after a determination of whether
3 35 the Code requirements have been met.
4 1 The bill defines "retired peace officer" as a peace officer
4 2 who retired in good standing from service as a peace officer
4 3 who before such retirement was authorized by law to engage in
4 4 or supervise the prevention, detection, investigation,
4 5 prosecution or incarceration of, any person for any violation
4 6 of law and had statutory powers of arrest.
4 7 LSB 5074HV 80
4 8 rh/sh/8