House File 2266 - Introduced
HOUSE FILE
BY COMMITTEE ON PUBLIC SAFETY
(SUCCESSOR TO HSB 607)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the regulation of explosives, and the
2 possession of an incendiary or explosive device or material,
3 and providing penalties.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5379HV 82
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PAG LIN
1 1 Section 1. Section 101A.1, subsection 3, Code 2007, is
1 2 amended to read as follows:
1 3 3. "Explosive" or "explosives" means any chemical
1 4 compound, mixture or device, the primary or common purpose of
1 5 which is to function by explosion, i.e., with substantially
1 6 instantaneous release of gas and heat, unless such compound,
1 7 mixture, or device is otherwise specifically classified by the
1 8 United States department of transportation. The term
1 9 "explosives" "explosive" includes all material materials which
1 10 is are classified as a class A, class B, and class C
1 11 explosives 1, division 1.1, 1.2, 1.3, or 1.4 explosive by the
1 12 United States department of transportation, under 49 C.F.R. }
1 13 173.50, and all materials classified as explosive materials
1 14 under 18 U.S.C. } 841, and includes, but is not limited to,
1 15 dynamite, black powder, pellet powders, initiating explosives,
1 16 blasting caps, electric blasting caps, safety fuse, fuse
1 17 lighters, fuse igniters, squibs, cordeau detonative fuse,
1 18 instantaneous fuse, igniter cord, igniters, smokeless
1 19 propellant, cartridges for propellant=actuated power devices,
1 20 and cartridges for industrial guns, and overpressure devices,
1 21 but shall does not include "fireworks" as defined in section
1 22 727.2 nor or ammunition or small arms primers manufactured for
1 23 use in shotguns, rifles, and pistols. Commercial explosives
1 24 are those explosives which are intended to be used in
1 25 commercial or industrial operations.
1 26 Sec. 2. Section 101A.1, Code 2007, is amended by adding
1 27 the following new subsection:
1 28 NEW SUBSECTION. 7A. "Overpressure device" means any
1 29 device constructed of a container or improvised container
1 30 which is filled with a mixture of chemicals or sublimating
1 31 materials or gases that generate an expanding gas, which is
1 32 designed or constructed to cause the container to break,
1 33 fracture, or rupture in a violent manner capable of causing
1 34 death, serious injury, or property damage.
1 35 Sec. 3. Section 712.6, Code 2007, is amended to read as
2 1 follows:
2 2 712.6 EXPLOSIVE OR INCENDIARY MATERIALS OR DEVICES.
2 3 1. Any A person who shall possess possesses any incendiary
2 4 or explosive device or material with the intent to use such
2 5 device or material to commit any a public offense shall be
2 6 guilty of a class "C" felony.
2 7 2. a. A person who possesses any incendiary or explosive
2 8 device or material shall be guilty of an aggravated
2 9 misdemeanor.
2 10 b. This subsection does not apply to a person holding a
2 11 valid commercial license or user's permit issued pursuant to
2 12 chapter 101A, provided that the person is acting within the
2 13 scope of authority granted by the license or permit.
2 14 2. 3. Any A person who, with the intent to intimidate,
2 15 annoy, or alarm another person, who places a simulated
2 16 explosive or simulated incendiary device in or near an
2 17 occupied structure as defined in section 702.12, is guilty of
2 18 a serious misdemeanor.
2 19 EXPLANATION
2 20 This bill relates to regulation of explosives and the
2 21 possession of an incendiary or explosive device or material.
2 22 The bill modifies the definition of "explosive" to include
2 23 materials which are classified as a class 1, division 1.1,
2 24 1.2, 1.3, or 1.4 explosive by the United States department of
2 25 transportation, under 49 C.F.R. } 173.50, and all materials
2 26 classified as explosives under 18 U.S.C } 841. The bill
2 27 strikes references to materials classified as class A, B, and
2 28 C explosives.
2 29 Under federal law explosives are divided into six divisions
2 30 with divisions 1.1 through 1.4 being the most dangerous
2 31 explosive materials.
2 32 The bill also adds an "overpressure device" to the
2 33 definition of "explosive" in Code section 101A.1. An
2 34 "overpressure device" means any device constructed of a
2 35 container or improvised container, which is filled with a
3 1 mixture of chemicals or sublimating materials or gases that
3 2 generate an expanding gas, which is designed or constructed to
3 3 cause the container to break, fracture, or rupture in a
3 4 violent manner capable of causing death, serious injury, or
3 5 property damage.
3 6 The changes to the definition of "explosive" affect the
3 7 fire marshal's regulation of explosives under Code chapter
3 8 101A.
3 9 The bill also makes it an aggravated misdemeanor to possess
3 10 any incendiary or explosive device or material unless the
3 11 person possesses a valid license or user's permit pursuant to
3 12 Code chapter 101A and the person is acting within the scope of
3 13 authority granted by the license or permit. An aggravated
3 14 misdemeanor is punishable by confinement for no more than two
3 15 years and a fine of at least $625 but not more than $6,250.
3 16 Under current law a person commits a class "C" felony if
3 17 the person possesses an incendiary or explosive device or
3 18 material with the intent to use such device or material to
3 19 commit a public offense. In addition, under current law a
3 20 person commits a serious misdemeanor if a person, with the
3 21 intent to intimidate or annoy another person, places a
3 22 simulated explosive or simulated incendiary explosive device
3 23 in or near an occupied structure.
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