House File 2113 - Introduced HOUSE FILE 2113 BY WINDSCHITL , BRANDENBURG , J. TAYLOR , SCHULTZ , HELLAND , CHAMBERS , ALONS , FRY , WAGNER , JORGENSEN , SWEENEY , HUSEMAN , SODERBERG , MASSIE , SHAW , PEARSON , and PETTENGILL A BILL FOR An Act relating to the carrying and possession of weapons and 1 providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5047YH (6) 84 rh/rj

H.F. 2113 Section 1. Section 232.52, subsection 2, paragraph a, 1 subparagraph (4), subparagraph division (a), subparagraph 2 subdivision (viii), Code 2011, is amended to read as follows: 3 (viii) Section 724.4 , if the child carried the dangerous 4 weapon used the knife in the commission of a crime on school 5 grounds. 6 Sec. 2. Section 708.8, Code 2011, is amended to read as 7 follows: 8 708.8 Going armed with intent. 9 A person who goes armed with any dangerous weapon with the 10 intent to use without justification such weapon against the 11 person of another commits a class “D” felony. The intent 12 required for a violation of this section shall not be inferred 13 from the mere carrying or concealment of any dangerous weapon 14 itself, including the carrying of a loaded firearm, whether in 15 a vehicle or on or about a person’s body. 16 Sec. 3. Section 724.4, Code 2011, is amended by striking the 17 section and inserting in lieu thereof the following: 18 724.4 Use of a knife in the commission of a crime. 19 A person who goes armed with a knife on or about the person, 20 if the person uses the knife in the commission of a crime, 21 commits an aggravated misdemeanor. 22 Sec. 4. Section 724.4B, Code 2011, is amended by striking 23 the section and inserting in lieu thereof the following: 24 724.4B Carrying weapons on school grounds —— penalty —— 25 exceptions. 26 1. A person who goes armed with, carries, or transports a 27 firearm of any kind, whether concealed or not, on the grounds 28 of a school commits a class “D” felony. For the purposes of 29 this section, “school” means a public or nonpublic school as 30 defined in section 280.2. 31 2. Subsection 1 does not apply to the following: 32 a. A person who has been specifically authorized by the 33 school to go armed, carry, or transport a firearm on the school 34 grounds, including for purposes of conducting an instructional 35 -1- LSB 5047YH (6) 84 rh/rj 1/ 5

H.F. 2113 program regarding firearms. 1 b. A peace officer, when the officer’s duties require the 2 person to carry a firearm. 3 c. A member of the armed forces of the United States or 4 of the national guard or person in the service of the United 5 States, when the firearms are carried in connection with the 6 person’s duties as such. 7 d. A correctional officer, when the officer’s duties 8 require, serving under the authority of the Iowa department of 9 corrections. 10 e. A person who for any lawful purpose carries an unloaded 11 pistol, revolver, or other dangerous weapon inside a closed and 12 fastened container or securely wrapped package which is too 13 large to be concealed on the person. 14 f. A person who for any lawful purpose carries or transports 15 an unloaded pistol or revolver in a vehicle inside a closed 16 and fastened container or securely wrapped package which is 17 too large to be concealed on the person or inside a cargo 18 or luggage compartment where the pistol or revolver will not 19 be readily accessible to any person riding in the vehicle or 20 common carrier. 21 g. A law enforcement officer from another state when the 22 officer’s duties require the officer to carry the firearm and 23 the officer is in this state for any of the following reasons: 24 (1) The extradition or other lawful removal of a prisoner 25 from this state. 26 (2) Pursuit of a suspect in compliance with chapter 806. 27 (3) Activities in the capacity of a law enforcement officer 28 with the knowledge and consent of the chief of police of the 29 city or the sheriff of the county in which the activities occur 30 or of the commissioner of public safety. 31 Sec. 5. Section 724.4C, Code 2011, is amended to read as 32 follows: 33 724.4C Possession or carrying of firearms while under the 34 influence. 35 -2- LSB 5047YH (6) 84 rh/rj 2/ 5

H.F. 2113 1. A permit issued under this chapter is invalid if the 1 Except as provided in subsection 2, a person to whom the permit 2 is issued is commits a serious misdemeanor if the person 3 is intoxicated as provided under the conditions set out in 4 section 321J.2, subsection 1 . , and the person does any of the 5 following: 6 a. Carries a dangerous weapon on or about the person. 7 b. Carries a weapon within the person’s immediate access or 8 reach while in a vehicle. 9 2. This section shall not apply to any of the following: 10 a. A person who carries or possesses a dangerous weapon 11 while in the person’s own dwelling, place of business, or on 12 land owned or lawfully possessed by the person. 13 b. The transitory possession or use of a firearm during 14 an act of justified self-defense or justified defense of 15 another, provided that the possession lasts no longer than is 16 immediately necessary to resolve the emergency. 17 Sec. 6. Section 724.5, Code 2011, is amended by striking the 18 section and inserting in lieu thereof the following: 19 724.5 Availability of permit not to be construed as 20 prohibition on unlicensed carrying of weapons. 21 The availability of a professional or nonprofessional permit 22 to carry weapons under this chapter shall not be construed 23 to impose a general prohibition on the unlicensed carrying, 24 whether openly or concealed, of a deadly weapon, including a 25 loaded firearm. 26 EXPLANATION 27 This bill relates to the carrying and possession of weapons 28 and provides penalties. 29 The bill amends Code section 708.8, the crime of going armed 30 with a dangerous weapon with intent, a class “D” felony, to 31 provide that the intent element required for a violation of 32 this crime shall not be inferred from the mere carrying or 33 concealment of a dangerous weapon. 34 The bill strikes Code section 724.4 relating to the crime 35 -3- LSB 5047YH (6) 84 rh/rj 3/ 5

H.F. 2113 of carrying dangerous weapons, an aggravated misdemeanor, 1 and creates a new crime of going armed with a knife in the 2 commission of a crime, an aggravated misdemeanor. The bill 3 makes a conforming change to Code section 232.52, subsection 4 2, relating to the suspension or revocation of a juvenile’s 5 driver’s license or operating privilege. 6 The bill makes nonsubstantive changes to Code section 724.4B 7 relating to the carrying of weapons on school grounds. 8 The bill amends Code section 724.4C relating to the crime of 9 possession or carrying of firearms while under the influence 10 of alcohol or a drug. Current law invalidates a permit to 11 carry weapons if the person to whom the permit is issued is 12 intoxicated, as defined in Code section 321J.2, subsection 1 13 (while under the influence of an alcoholic beverage or other 14 drug or a combination of such substances, while having an 15 alcohol concentration of .08 or more, or while any amount of a 16 controlled substance is present in the person, as measured in 17 the person’s blood or urine). The bill amends this provision 18 to provide that a person commits a serious misdemeanor if 19 the person is intoxicated and the person either carries a 20 dangerous weapon on or about the person or carries a dangerous 21 weapon within the person’s immediate access or reach while in 22 a vehicle. This crime does not apply to situations where a 23 person carries or possesses a dangerous weapon while in the 24 person’s own dwelling, place of business, or on the person’s 25 land, and the transitory possession or use of a firearm during 26 an act of justified self-defense or justified defense of 27 another, if the possession of the firearm lasts no longer than 28 immediately necessary to resolve the emergency. 29 The bill strikes Code section 724.5 relating to a person’s 30 duty to carry a valid permit to carry certain weapons for which 31 a permit has been issued to the person and replaces that Code 32 section to provide that the availability of a professional or 33 nonprofessional permit to carry weapons shall not be construed 34 to impose a general prohibition on the unlicensed carrying of a 35 -4- LSB 5047YH (6) 84 rh/rj 4/ 5

H.F. 2113 deadly weapon including a loaded firearm. 1 -5- LSB 5047YH (6) 84 rh/rj 5/ 5