House File 2241 - Introduced HOUSE FILE 2241 BY SORENSON A BILL FOR An Act relating to the carrying of weapons. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5587YH (4) 83 rh/rj
H.F. 2241 Section 1. Section 80A.13, Code 2009, is amended to read as 1 follows: 2 80A.13 Campus weapon requirements. 3 An individual employed by a college or university, or by a 4 private security business holding a contract with a college or 5 university, who performs private security duties on a college 6 or university campus and who carries a weapon while performing 7 these duties shall meet all of the following requirements: 8 1. File with the sheriff of the county in which the campus 9 is located evidence that the individual has successfully 10 completed an approved firearms training program under section 11 724.9 . This requirement does not apply to armored car 12 personnel. 13 2. Possess a permit to carry weapons issued by the sheriff 14 of the county in which the campus is located under sections 15 724.6 through 724.11 . This requirement does not apply to 16 armored car personnel. 17 3. File file with the sheriff of the county in which the 18 campus is located a sworn affidavit from the employer outlining 19 the nature of the duties to be performed and justification of 20 the need to go armed. 21 Sec. 2. Section 724.4, Code 2009, is amended to read as 22 follows: 23 724.4 Carrying weapons. 24 1. Except as otherwise provided in this section, a person 25 who goes armed with a dangerous weapon concealed on or about 26 the person, or who, within the limits of any city, goes 27 armed with a pistol or revolver, or any loaded firearm of 28 any kind, whether concealed or not, or who knowingly carries 29 or transports in a vehicle a pistol or revolver, commits an 30 aggravated misdemeanor with the intent to commit a crime of 31 violence commits a class “D” felony . This subsection applies 32 regardless of whether the dangerous weapon is concealed or not 33 concealed on or about the person and regardless of whether the 34 dangerous weapon is transported in a vehicle. For purposes of 35 -1- LSB 5587YH (4) 83 rh/rj 1/ 8
H.F. 2241 this subsection, “crime of violence” means a felony which has, 1 as an element of the offense, the use of physical force by one 2 person against another person. 3 2. A person who goes armed with a knife concealed on 4 or about the person, if the person uses the knife in the 5 commission of a crime, commits an aggravated misdemeanor. 6 3. A person who goes armed with a knife concealed on or 7 about the person, if the person does not use the knife in the 8 commission of a crime: 9 a. If the knife has a blade exceeding eight inches in 10 length, commits an aggravated misdemeanor. 11 b. If the knife has a blade exceeding five inches but 12 not exceeding eight inches in length, commits a serious 13 misdemeanor. 14 4. Subsections 1 through 3 do not apply to any of the 15 following: 16 a. A person who for any lawful purpose goes armed with 17 a dangerous weapon in the person’s own dwelling or place of 18 business, or on land owned or possessed by the person. 19 b. A peace officer, when the officer’s duties require the 20 person to carry such weapons. 21 c. A member of the armed forces of the United States or 22 of the national guard or person in the service of the United 23 States, when the weapons are carried in connection with the 24 person’s duties as such. 25 d. A correctional officer, when the officer’s duties 26 require, serving under the authority of the Iowa department of 27 corrections. 28 e. c. A person who for any lawful purpose carries an 29 unloaded pistol, revolver, or other dangerous weapon inside a 30 closed and fastened container or securely wrapped package which 31 is too large to be concealed on the person. 32 f. A person who for any lawful purpose carries or transports 33 an unloaded pistol or revolver in a vehicle inside a closed 34 and fastened container or securely wrapped package which is 35 -2- LSB 5587YH (4) 83 rh/rj 2/ 8
H.F. 2241 too large to be concealed on the person or inside a cargo 1 or luggage compartment where the pistol or revolver will not 2 be readily accessible to any person riding in the vehicle or 3 common carrier. 4 g. A person while the person is lawfully engaged in target 5 practice on a range designed for that purpose or while actually 6 engaged in lawful hunting. 7 h. d. A person who carries a knife used in hunting or 8 fishing, while actually engaged in lawful hunting or fishing. 9 i. A person who has in the person’s possession and who 10 displays to a peace officer on demand a valid permit to carry 11 weapons which has been issued to the person, and whose conduct 12 is within the limits of that permit. A person shall not be 13 convicted of a violation of this section if the person produces 14 at the person’s trial a permit to carry weapons which was valid 15 at the time of the alleged offense and which would have brought 16 the person’s conduct within this exception if the permit had 17 been produced at the time of the alleged offense. 18 j. e. A law enforcement officer from another state when the 19 officer’s duties require the officer to carry the weapon and 20 the officer is in this state for any of the following reasons: 21 (1) The extradition or other lawful removal of a prisoner 22 from this state. 23 (2) Pursuit of a suspect in compliance with chapter 806. 24 (3) Activities in the capacity of a law enforcement officer 25 with the knowledge and consent of the chief of police of the 26 city or the sheriff of the county in which the activities occur 27 or of the commissioner of public safety. 28 k. f. A person engaged in the business of transporting 29 prisoners under a contract with the Iowa department of 30 corrections or a county sheriff, a similar agency from another 31 state, or the federal government. 32 Sec. 3. Section 724.4B, subsection 2, paragraph a, Code 33 2009, is amended to read as follows: 34 a. A person listed under section 724.4, subsection 4, 35 -3- LSB 5587YH (4) 83 rh/rj 3/ 8
H.F. 2241 paragraphs paragraph “b” through “f” , “c” , or “j” “e” . 1 Sec. 4. Section 724.6, subsection 1, Code Supplement 2009, 2 is amended to read as follows: 3 1. A person may be issued a permit to carry weapons 4 when the person’s employment who is employed in a private 5 investigation business or private security business licensed 6 under chapter 80A, or a person’s employment as a peace officer, 7 correctional officer, security guard, bank messenger or other 8 person transporting property of a value requiring security, 9 or in police work, whose employment reasonably justifies that 10 person going armed , shall be issued a professional permit to 11 carry weapons if the person applies for the permit and meets 12 the requirements of sections 724.8 through 724.10 . The permit 13 shall be on a form prescribed and published by the commissioner 14 of public safety, shall identify the holder, and shall state 15 the nature of the employment requiring the holder to go armed. 16 A permit so issued, other than to a peace officer, shall 17 authorize the person to whom it is issued to go armed anywhere 18 in the state, only while engaged in the employment, and while 19 going to and from the place of the employment. A permit issued 20 to a certified peace officer shall authorize that peace officer 21 to go armed anywhere in the state at all times. Permits shall 22 expire twelve months five years after the date when issued 23 except that permits issued to peace officers and correctional 24 officers are valid through the officer’s period of employment 25 unless otherwise canceled. When the employment is terminated, 26 the holder of the permit shall surrender it to the issuing 27 officer for cancellation. 28 Sec. 5. Section 724.7, Code 2009, is amended to read as 29 follows: 30 724.7 Nonprofessional permit to carry weapons. 31 Any person who can reasonably justify going armed may not 32 otherwise prohibited from possessing or transporting a firearm 33 and who meets the requirements in sections 724.8 through 724.10 34 shall be issued a nonprofessional permit to carry weapons if 35 -4- LSB 5587YH (4) 83 rh/rj 4/ 8
H.F. 2241 the person applies for such permit . Such permits shall be 1 on a form prescribed and published by the commissioner of 2 public safety, which shall be readily distinguishable from the 3 professional permit, and shall identify the holder thereof, 4 and state the reason for the issuance of the permit , and the 5 limits of the authority granted by such permit . All permits so 6 issued shall be for a definite five-year period as established 7 by the issuing officer, but in no event shall exceed a period 8 of twelve months . 9 Sec. 6. Section 724.8, subsection 5, Code 2009, is amended 10 to read as follows: 11 5. The issuing officer reasonably determines that the 12 applicant does not constitute a danger to any person person 13 is not otherwise prohibited by state or federal law from 14 possessing or transporting a firearm . 15 Sec. 7. Section 724.9, Code 2009, is amended to read as 16 follows: 17 724.9 Firearm training program. 18 A training program to qualify persons in the safe use of 19 firearms shall be provided by the issuing officer of permits, 20 as provided in section 724.11. The commissioner of public 21 safety shall approve the training program, and the county 22 sheriff or the commissioner of public safety conducting 23 the training program within their respective jurisdictions 24 may shall contract with a private organization or use the 25 services of other agencies, or may use a combination of 26 the two, to provide such training a private individual or 27 a professional organization who shall conduct the training 28 consistent with training standards set forth by the national 29 rifle association . Any person eligible to be issued a permit 30 to carry weapons may enroll in such course. A fee sufficient 31 to cover the cost of the program may be charged each person 32 attending. Certificates of completion, on a form prescribed 33 and published by the commissioner of public safety, shall 34 be issued to each person who successfully completes the 35 -5- LSB 5587YH (4) 83 rh/rj 5/ 8
H.F. 2241 program. No A person shall not be issued either a professional 1 or nonprofessional permit unless the person has received a 2 certificate of completion or is a certified peace officer. No 3 peace officer or correctional officer, except a certified peace 4 officer, shall go armed with a pistol or revolver unless the 5 officer has received a certificate of completion, provided that 6 this requirement shall not apply to persons who are employed in 7 this state as peace officers on January 1, 1978 until July 1, 8 1978, or to peace officers of other jurisdictions exercising 9 their legal duties within this state. 10 Sec. 8. Section 724.11, Code 2009, is amended to read as 11 follows: 12 724.11 Issuance of permit to carry weapons. 13 Applications for permits An application for a permit to 14 carry weapons , if made, shall be made to the sheriff of the 15 county in which the applicant resides. Applications from 16 persons who are nonresidents of the state, or whose need to 17 go armed arises out of employment by the state, shall be 18 made to the commissioner of public safety. In either case, 19 the issuance of the permit shall be by and at the discretion 20 of the sheriff or commissioner, who shall, before issuing 21 the permit, determine that the requirements of sections 22 724.6 to 724.8 through 724.10 have been satisfied and the 23 person is not otherwise prohibited by state or federal law 24 from possessing or transporting a firearm . However, the 25 training program requirements in section 724.9 may be waived 26 for renewal permits. The issuing officer shall collect a 27 fee of ten fifty dollars, except from a duly appointed peace 28 officer or correctional officer, for each permit issued. 29 Renewal permits or duplicate permits shall be issued for a 30 fee of five dollars. The issuing officer shall notify the 31 commissioner of public safety of the issuance of any permit at 32 least monthly and forward to the commissioner an amount equal 33 to two dollars for each permit issued and one dollar for each 34 renewal or duplicate permit issued. All such fees received by 35 -6- LSB 5587YH (4) 83 rh/rj 6/ 8
H.F. 2241 the commissioner shall be paid to the treasurer of state and 1 deposited in the operating account of the department of public 2 safety to offset the cost of administering this chapter. Any 3 unspent balance as of June 30 of each year shall revert to the 4 general fund as provided by section 8.33. 5 Sec. 9. NEW SECTION . 724.11A Reciprocity. 6 A person possessing a valid out-of-state permit to carry a 7 weapon shall be entitled to the privileges and subject to the 8 restrictions prescribed by this chapter provided the state that 9 issued the license recognizes weapons permits issued in Iowa 10 and provided the person possessing such permit is not otherwise 11 prohibited from possessing a firearm. 12 Sec. 10. REPEAL. Section 724.5, Code 2009, is repealed. 13 EXPLANATION 14 This bill relates to the carrying of weapons. 15 Current law provides that a person who goes armed with a 16 dangerous weapon concealed on or about the person, or who, 17 within the limits of any city, goes armed with a pistol or 18 revolver, or any loaded firearm of any kind, whether concealed 19 or not, or who knowingly carries or transports in a vehicle a 20 pistol or revolver, commits an aggravated misdemeanor unless 21 certain circumstances apply including if the person has in 22 the person’s possession a valid permit to carry weapons. The 23 bill eliminates this provision and provides that, except for 24 other lawful purposes, a person who goes armed with a dangerous 25 weapon with the intent to commit a crime of violence commits 26 a class “D” felony regardless of whether the dangerous weapon 27 is concealed or not concealed on or about the person and 28 regardless of whether the dangerous weapon is transported in a 29 vehicle. For purposes of the bill, “crime of violence” means 30 a felony which has, as an element of the offense, the use of 31 physical force by one person against another person. A class 32 “D” felony is punishable by confinement for no more than five 33 years and a fine of at least $750 but not more than $7,500. 34 The bill eliminates the requirement that a person, including 35 -7- LSB 5587YH (4) 83 rh/rj 7/ 8
H.F. 2241 a person employed in a certain occupation whose employment 1 reasonably justifies that person going armed with a dangerous 2 weapon, must have and carry a professional or nonprofessional 3 permit to carry a weapon and makes it optional to apply for and 4 receive such permits. However, if a person applies for either 5 permit, the issuing officer (sheriff or commissioner of public 6 safety) shall issue the permit if certain requirements are met. 7 Such permits shall be issued for a five-year period at a cost 8 of $50. If a person chooses to apply for a professional or 9 nonprofessional permit to carry weapons, the person is required 10 to complete a firearm training program conducted by a private 11 individual or a professional organization who shall conduct 12 the training consistent with the standards set forth by the 13 national rifle association. 14 The bill provides a reciprocity provision whereby a person 15 who possesses a valid out-of-state permit to carry a weapon 16 is entitled to the privileges and subject to the restrictions 17 relating to weapons contained in Code chapter 724, provided the 18 state that issued the license recognizes weapons permits issued 19 in Iowa and provided the person possessing such permit is not 20 otherwise prohibited from possessing a firearm. 21 The bill also repeals Code section 724.5 relating to a 22 person’s duty to carry a weapons permit if the person goes 23 armed with a revolver, pistol, or pocket billy concealed upon 24 the person, currently a simple misdemeanor. 25 -8- LSB 5587YH (4) 83 rh/rj 8/ 8