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