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.AnyExcept 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 caseExcept 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