Senate File 473 - Introduced
SENATE FILE
BY HARTSUCH, JOHNSON, BEHN,
KAPUCIAN, REYNOLDS, HAHN,
HAMERLINCK, FEENSTRA, ZAUN,
and BOETTGER
Passed Senate, Date Passed House, 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 1922XS 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 1922XS 83
8 17 rh/rj/5