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