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