House File 326 HOUSE FILE BY McCARTHY Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act creating a new criminal offense related to carrying a 2 knife or BB or pellet gun on school grounds and providing a 3 penalty. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2653HH 80 6 rh/cl/14 PAG LIN 1 1 Section 1. Section 724.4B, Code 2003, is amended to read 1 2 as follows: 1 3 724.4B CARRYING WEAPONS ON SCHOOL GROUNDS == PENALTY == 1 4 EXCEPTIONS. 1 5 1. a. A person who goes armed with, carries, or 1 6 transports a firearm of any kind, whether concealed or not, on 1 7 the grounds of a school commits a class "D" felony. 1 8 b. A person who goes armed with, carries, or transports a 1 9 knife, regardless of length, or a BB or pellet gun, whether 1 10 the weapon is concealed or not, on the grounds of a school 1 11 commits an aggravated misdemeanor. 1 12 c. For the purposes of this section, "school" means a 1 13 public or nonpublic school as defined in section 280.2. 1 14 2. Subsection 1 does not apply to the following: 1 15 a. A person listed under section 724.4, subsection 4, 1 16 paragraphs "b" through "f" or "j". 1 17 b. A person who has been specifically authorized by the 1 18 school to go armed, carry, or transport a firearm on the 1 19 school grounds, including for purposes of conducting an 1 20 instructional program regarding firearms. 1 21 EXPLANATION 1 22 This bill creates a new criminal offense related to 1 23 carrying a knife or BB or pellet gun on school grounds. 1 24 The bill provides that a person who goes armed with, 1 25 carries, or transports a knife, regardless of length, or a BB 1 26 or pellet gun, whether the weapon is concealed or not, on 1 27 public or nonpublic school grounds commits an aggravated 1 28 misdemeanor. An aggravated misdemeanor is punishable by 1 29 confinement for no more than two years and a fine of at least 1 30 $500 but not more than $5,000. Exemptions are provided for 1 31 peace and corrections officers, military personnel, persons 1 32 transporting firearms in closed and locked containers or 1 33 inside the cargo or luggage compartments of motor vehicles, 1 34 law enforcement personnel from other states, and persons 1 35 specifically authorized by the school to have a firearm on the 2 1 grounds of the school, including for instructional purposes. 2 2 The term "public school" means any school directly 2 3 supported in whole or in part by taxation. The term 2 4 "nonpublic school" means any other school which is accredited 2 5 or which uses licensed practitioners as instructors. 2 6 LSB 2653HH 80 2 7 rh/cl/14