House File 596 - Introduced
HOUSE FILE
BY SORENSON, PETTENGILL, ALONS,
HELLAND, ARNOLD, STRUYK,
DEYOE, DE BOEF, WINDSCHITL,
SCHULTZ, BAUDLER, KAUFMANN,
SWEENEY, LUKAN, WAGNER,
HUSEMAN, SANDS, WORTHAN,
VAN ENGELENHOVEN, TYMESON,
TJEPKES, HORBACH, GRASSLEY,
HAGENOW, and WATTS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the carrying of weapons.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 1922YH 83
4 rh/rj/5
PAG LIN
1 1 Section 1. Section 80A.13, Code 2009, is amended to read
1 2 as follows:
1 3 80A.13 CAMPUS WEAPON REQUIREMENTS.
1 4 An individual employed by a college or university, or by a
1 5 private security business holding a contract with a college or
1 6 university, who performs private security duties on a college
1 7 or university campus and who carries a weapon while performing
1 8 these duties shall meet all of the following requirements:
1 9 1. File with the sheriff of the county in which the campus
1 10 is located evidence that the individual has successfully
1 11 completed an approved firearms training program under section
1 12 724.9. This requirement does not apply to armored car
1 13 personnel.
1 14 2. Possess a permit to carry weapons issued by the sheriff
1 15 of the county in which the campus is located under sections
1 16 724.6 through 724.11. This requirement does not apply to
1 17 armored car personnel.
1 18 3. File file with the sheriff of the county in which the
1 19 campus is located a sworn affidavit from the employer
1 20 outlining the nature of the duties to be performed and
1 21 justification of the need to go armed.
1 22 Sec. 2. Section 724.4, Code 2009, is amended to read as
1 23 follows:
1 24 724.4 CARRYING WEAPONS.
1 25 1. Except as otherwise provided in this section, a person
1 26 who goes armed with a dangerous weapon concealed on or about
1 27 the person, or who, within the limits of any city, goes armed
1 28 with a pistol or revolver, or any loaded firearm of any kind,
1 29 whether concealed or not, or who knowingly carries or
1 30 transports in a vehicle a pistol or revolver, commits an
1 31 aggravated misdemeanor. A person who goes armed with a
1 32 dangerous weapon with the intent to commit a crime of violence
1 33 commits a class "D" felony. This subsection applies
1 34 regardless of whether the dangerous weapon is concealed or not
1 35 concealed on or about the person and regardless of whether the
2 1 dangerous weapon is transported in a vehicle. For purposes of
2 2 this subsection, "crime of violence" means a felony which has,
2 3 as an element of the offense, the use of physical force by one
2 4 person against another person.
2 5 2. A person who goes armed with a knife concealed on or
2 6 about the person, if the person uses the knife in the
2 7 commission of a crime, commits an aggravated misdemeanor.
2 8 3. A person who goes armed with a knife concealed on or
2 9 about the person, if the person does not use the knife in the
2 10 commission of a crime:
2 11 a. If the knife has a blade exceeding eight inches in
2 12 length, commits an aggravated misdemeanor.
2 13 b. If the knife has a blade exceeding five inches but not
2 14 exceeding eight inches in length, commits a serious
2 15 misdemeanor.
2 16 4. Subsections 1 through 3 do Subsection 3 does not apply
2 17 to any of the following:
2 18 a. A person who goes armed with a dangerous weapon in the
2 19 person's own dwelling or place of business, or on land owned
2 20 or possessed by the person.
2 21 b. A peace officer, when the officer's duties require the
2 22 person to carry such weapons.
2 23 c. A member of the armed forces of the United States or of
2 24 the national guard or person in the service of the United
2 25 States, when the weapons are carried in connection with the
2 26 person's duties as such.
2 27 d. A correctional officer, when the officer's duties
2 28 require, serving under the authority of the Iowa department of
2 29 corrections.
2 30 e. c. A person who for any lawful purpose carries an
2 31 unloaded pistol, revolver, or other dangerous weapon inside a
2 32 closed and fastened container or securely wrapped package
2 33 which is too large to be concealed on the person.
2 34 f. A person who for any lawful purpose carries or
2 35 transports an unloaded pistol or revolver in a vehicle inside
3 1 a closed and fastened container or securely wrapped package
3 2 which is too large to be concealed on the person or inside a
3 3 cargo or luggage compartment where the pistol or revolver will
3 4 not be readily accessible to any person riding in the vehicle
3 5 or common carrier.
3 6 g. A person while the person is lawfully engaged in target
3 7 practice on a range designed for that purpose or while
3 8 actually engaged in lawful hunting.
3 9 h. d. A person who carries a knife used in hunting or
3 10 fishing, while actually engaged in lawful hunting or fishing.
3 11 i. A person who has in the person's possession and who
3 12 displays to a peace officer on demand a valid permit to carry
3 13 weapons which has been issued to the person, and whose conduct
3 14 is within the limits of that permit. A person shall not be
3 15 convicted of a violation of this section if the person
3 16 produces at the person's trial a permit to carry weapons which
3 17 was valid at the time of the alleged offense and which would
3 18 have brought the person's conduct within this exception if the
3 19 permit had been produced at the time of the alleged offense.
3 20 j. e. A law enforcement officer from another state when
3 21 the officer's duties require the officer to carry the weapon
3 22 and the officer is in this state for any of the following
3 23 reasons:
3 24 (1) The extradition or other lawful removal of a prisoner
3 25 from this state.
3 26 (2) Pursuit of a suspect in compliance with chapter 806.
3 27 (3) Activities in the capacity of a law enforcement
3 28 officer with the knowledge and consent of the chief of police
3 29 of the city or the sheriff of the county in which the
3 30 activities occur or of the commissioner of public safety.
3 31 k. f. A person engaged in the business of transporting
3 32 prisoners under a contract with the Iowa department of
3 33 corrections or a county sheriff, a similar agency from another
3 34 state, or the federal government.
3 35 Sec. 3. Section 724.4B, subsection 2, paragraph a, Code
4 1 2009, is amended to read as follows:
4 2 a. A person listed under section 724.4, subsection 4,
4 3 paragraphs paragraph "b" through "f", "c", or "j" "e".
4 4 Sec. 4. Section 724.6, subsection 1, Code 2009, is amended
4 5 to read as follows:
4 6 1. A person may be issued a permit to carry weapons when
4 7 the person's employment who is employed in a private
4 8 investigation business or private security business licensed
4 9 under chapter 80A, or a person's employment as a peace
4 10 officer, correctional officer, security guard, bank messenger
4 11 or other person transporting property of a value requiring
4 12 security, or in police work, whose employment reasonably
4 13 justifies that person going armed, shall be issued a
4 14 professional permit to carry weapons if the person applies for
4 15 the permit and meets the requirements of sections 724.8
4 16 through 724.10. The permit shall be on a form prescribed and
4 17 published by the commissioner of public safety, shall identify
4 18 the holder, and shall state the nature of the employment
4 19 requiring the holder to go armed. A permit so issued, other
4 20 than to a peace officer, shall authorize the person to whom it
4 21 is issued to go armed anywhere in the state, only while
4 22 engaged in the employment, and while going to and from the
4 23 place of the employment. A permit issued to a certified peace
4 24 officer shall authorize that peace officer to go armed
4 25 anywhere in the state at all times. Permits shall expire
4 26 twelve months five years after the date when issued except
4 27 that permits issued to peace officers and correctional
4 28 officers are valid through the officer's period of employment
4 29 unless otherwise canceled. When the employment is terminated,
4 30 the holder of the permit shall surrender it to the issuing
4 31 officer for cancellation.
4 32 Sec. 5. Section 724.7, Code 2009, is amended to read as
4 33 follows:
4 34 724.7 NONPROFESSIONAL PERMIT TO CARRY WEAPONS.
4 35 Any person who can reasonably justify going armed may not
5 1 otherwise prohibited from possessing or transporting a firearm
5 2 and who meets the requirements in sections 724.8 through
5 3 724.10 shall be issued a nonprofessional permit to carry
5 4 weapons if the person applies for such permit. Such permits
5 5 shall be on a form prescribed and published by the
5 6 commissioner of public safety, which shall be readily
5 7 distinguishable from the professional permit, and shall
5 8 identify the holder thereof, and state the reason for the
5 9 issuance of the permit, and the limits of the authority
5 10 granted by such permit. All permits so issued shall be for a
5 11 definite five=year period as established by the issuing
5 12 officer, but in no event shall exceed a period of twelve
5 13 months.
5 14 Sec. 6. Section 724.8, subsection 5, Code 2009, is amended
5 15 to read as follows:
5 16 5. The issuing officer reasonably determines that the
5 17 applicant does not constitute a danger to any person person is
5 18 not otherwise prohibited by state or federal law from
5 19 possessing or transporting a firearm.
5 20 Sec. 7. Section 724.9, Code 2009, is amended to read as
5 21 follows:
5 22 724.9 FIREARM TRAINING PROGRAM.
5 23 A training program to qualify persons in the safe use of
5 24 firearms shall be provided by the issuing officer of permits,
5 25 as provided in section 724.11. The commissioner of public
5 26 safety shall approve the training program, and the county
5 27 sheriff or the commissioner of public safety conducting the
5 28 training program within their respective jurisdictions may
5 29 shall contract with a private organization or use the services
5 30 of other agencies, or may use a combination of the two, a
5 31 private individual or a professional organization who shall
5 32 conduct the training consistent with the standards set forth
5 33 by the national rifle association to provide such training.
5 34 Any person eligible to be issued a permit to carry weapons may
5 35 enroll in such course. A fee sufficient to cover the cost of
6 1 the program may be charged each person attending.
6 2 Certificates of completion, on a form prescribed and published
6 3 by the commissioner of public safety, shall be issued to each
6 4 person who successfully completes the program. No A person
6 5 shall not be issued either a professional or nonprofessional
6 6 permit unless the person has received a certificate of
6 7 completion or is a certified peace officer. No peace officer
6 8 or correctional officer, except a certified peace officer,
6 9 shall go armed with a pistol or revolver unless the officer
6 10 has received a certificate of completion, provided that this
6 11 requirement shall not apply to persons who are employed in
6 12 this state as peace officers on January 1, 1978 until July 1,
6 13 1978, or to peace officers of other jurisdictions exercising
6 14 their legal duties within this state.
6 15 Sec. 8. Section 724.11, Code 2009, is amended to read as
6 16 follows:
6 17 724.11 ISSUANCE OF PERMIT TO CARRY WEAPONS.
6 18 Applications for permits An application for a permit to
6 19 carry weapons, if made, shall be made to the sheriff of the
6 20 county in which the applicant resides. Applications from
6 21 persons who are nonresidents of the state, or whose need to go
6 22 armed arises out of employment by the state, shall be made to
6 23 the commissioner of public safety. In either case, the
6 24 issuance of the permit shall be by and at the discretion of
6 25 the sheriff or commissioner, who shall, before issuing the
6 26 permit, determine that the requirements of sections 724.6 to
6 27 724.8 through 724.10 have been satisfied and the person is not
6 28 otherwise prohibited by state or federal law from possessing
6 29 or transporting a firearm. However, the training program
6 30 requirements in section 724.9 may be waived for renewal
6 31 permits. The issuing officer shall collect a fee of ten fifty
6 32 dollars, except from a duly appointed peace officer or
6 33 correctional officer, for each permit issued. Renewal permits
6 34 or duplicate permits shall be issued for a fee of five
6 35 dollars. The issuing officer shall notify the commissioner of
7 1 public safety of the issuance of any permit at least monthly
7 2 and forward to the commissioner an amount equal to two dollars
7 3 for each permit issued and one dollar for each renewal or
7 4 duplicate permit issued. All such fees received by the
7 5 commissioner shall be paid to the treasurer of state and
7 6 deposited in the operating account of the department of public
7 7 safety to offset the cost of administering this chapter. Any
7 8 unspent balance as of June 30 of each year shall revert to the
7 9 general fund as provided by section 8.33.
7 10 Sec. 9. Section 724.5, Code 2009, is repealed.
7 11 EXPLANATION
7 12 This bill relates to the carrying of weapons.
7 13 Current law provides that a person who goes armed with a
7 14 dangerous weapon concealed on or about the person, or who,
7 15 within the limits of any city, goes armed with a pistol or
7 16 revolver, or any loaded firearm of any kind, whether concealed
7 17 or not, or who knowingly carries or transports in a vehicle a
7 18 pistol or revolver, commits an aggravated misdemeanor unless
7 19 certain circumstances apply including if the person has in the
7 20 person's possession a valid permit to carry weapons. The bill
7 21 eliminates this provision and provides that a person who goes
7 22 armed with a dangerous weapon with the intent to commit a
7 23 crime of violence commits a class "D" felony regardless of
7 24 whether the dangerous weapon is concealed or not concealed on
7 25 or about the person and regardless of whether the dangerous
7 26 weapon is transported in a vehicle. For purposes of the bill,
7 27 "crime of violence" means a felony which has, as an element of
7 28 the offense, the use of physical force by one person against
7 29 another person. A class "D" felony is punishable by
7 30 confinement for no more than five years and a fine of at least
7 31 $750 but not more than $7,500.
7 32 The bill eliminates the requirement that a person,
7 33 including a person employed in a certain occupation whose
7 34 employment reasonably justifies that person going armed with a
7 35 dangerous weapon, must have and carry a professional or
8 1 nonprofessional permit to carry a weapon and makes it optional
8 2 to apply for and receive such permits. However, if a person
8 3 applies for either permit, the issuing officer (sheriff or
8 4 commissioner of public safety) shall issue the permit if
8 5 certain requirements are met. Such permits shall be issued
8 6 for a five=year period at a cost of $50. If a person chooses
8 7 to apply for a professional or nonprofessional permit to carry
8 8 weapons, the person is required to complete a firearm training
8 9 program conducted by a private individual or a professional
8 10 organization who shall conduct the training consistent with
8 11 the standards set forth by the national rifle association.
8 12 The bill also repeals Code section 724.5 relating to a
8 13 person's duty to carry a weapons permit if the person goes
8 14 armed with a revolver, pistol, or pocket billy concealed upon
8 15 the person, currently a simple misdemeanor.
8 16 LSB 1922YH 83
8 17 rh/rj/5