H.F. _____ Section 1. Section 708.8, Code 2011, is amended to read as 1 follows: 2 708.8 Going armed Carrying with intent. 3 A person who goes armed with carries any dangerous weapon 4 with the intent to use without justification such weapon 5 against the person of another commits a class “D” felony. 6 Sec. 2. Section 724.4, Code 2011, is amended to read as 7 follows: 8 724.4 Carrying weapons. 9 1. Except as otherwise provided in this section , a person 10 who goes armed with carries a dangerous weapon concealed on 11 or about the person , or who, within the limits of any city, 12 goes armed with a pistol or revolver, or any loaded firearm of 13 any kind, whether concealed or not, or who knowingly carries 14 or transports in a vehicle a pistol or revolver, or who has 15 a dangerous weapon within the person’s immediate access or 16 reach while in a vehicle, with the intent to use the dangerous 17 weapon in an unlawful manner against another person commits an 18 aggravated misdemeanor. The mere carrying or possession of a 19 dangerous weapon shall not give rise to an inference that the 20 person intended to use the dangerous weapon unlawfully against 21 another person. 22 2. A person who goes armed with carries a knife concealed 23 on or about the person, if the person uses the knife in the 24 commission of a crime, commits an aggravated misdemeanor. 25 3. A person who goes armed with carries a knife concealed 26 on or about the person, if the person is not in violation of 27 subsection 1 and does not use the knife in the commission of a 28 crime , commits one of the following offenses : 29 a. If the knife has a blade exceeding eight inches in 30 length, commits an aggravated misdemeanor. 31 b. If the knife has a blade exceeding five inches but 32 not exceeding eight inches in length, commits a serious 33 misdemeanor. 34 4. Subsections 1 through 3 do not apply to any of the 35 -1- LSB 1174YC (5) 84 rh/rj 1/ 5

H.F. _____ following: 1 a. A person who goes armed with a dangerous weapon carries a 2 knife in the person’s own dwelling or place of business, or on 3 land owned or possessed by the person. 4 b. A peace officer, when the officer’s duties require the 5 person to carry such weapons. 6 c. A member of the armed forces of the United States or 7 of the national guard or person in the service of the United 8 States, when the weapons are carried in connection with the 9 person’s duties as such. 10 d. A correctional officer, when the officer’s duties 11 require, serving under the authority of the Iowa department of 12 corrections. 13 e. A person who for any lawful purpose carries an unloaded 14 pistol, revolver, or other dangerous weapon inside a closed and 15 fastened container or securely wrapped package which is too 16 large to be concealed on the person. 17 f. A person who for any lawful purpose carries or transports 18 an unloaded pistol or revolver in a vehicle inside a closed 19 and fastened container or securely wrapped package which is 20 too large to be concealed on the person or inside a cargo 21 or luggage compartment where the pistol or revolver will not 22 be readily accessible to any person riding in the vehicle or 23 common carrier. 24 g. e. A person while the person is lawfully engaged in 25 target practice on a range designed for that purpose or while 26 actually engaged in lawful hunting . 27 h. f. A person who carries a knife used in hunting or 28 fishing, while actually engaged in lawful hunting or fishing. 29 i. A person who has in the person’s possession and who 30 displays to a peace officer on demand a valid permit to carry 31 weapons which has been issued to the person, and whose conduct 32 is within the limits of that permit. A person shall not be 33 convicted of a violation of this section if the person produces 34 at the person’s trial a permit to carry weapons which was valid 35 -2- LSB 1174YC (5) 84 rh/rj 2/ 5

H.F. _____ at the time of the alleged offense and which would have brought 1 the person’s conduct within this exception if the permit had 2 been produced at the time of the alleged offense. 3 j. g. A law enforcement officer from another state when the 4 officer’s duties require the officer to carry the weapon and 5 the officer is in this state for any of the following reasons: 6 (1) The extradition or other lawful removal of a prisoner 7 from this state. 8 (2) Pursuit of a suspect in compliance with chapter 806 . 9 (3) Activities in the capacity of a law enforcement officer 10 with the knowledge and consent of the chief of police of the 11 city or the sheriff of the county in which the activities occur 12 or of the commissioner of public safety. 13 k. h. A person engaged in the business of transporting 14 prisoners under a contract with the Iowa department of 15 corrections or a county sheriff, a similar agency from another 16 state, or the federal government. 17 Sec. 3. Section 724.4B, Code 2011, is amended to read as 18 follows: 19 724.4B Carrying weapons on school grounds —— penalty —— 20 exceptions. 21 1. A person who goes armed with, carries , or transports a 22 firearm of any kind, whether concealed or not, on the grounds 23 of a school commits a class “D” felony. For the purposes of 24 this section , “school” means a public or nonpublic school as 25 defined in section 280.2 . 26 2. Subsection 1 does not apply to the following: 27 a. A person listed under section 724.4, subsection 4 , 28 paragraphs “b” through “f” or “j” “d” and “g” . 29 b. A person who has been specifically authorized by the 30 school to go armed, carry , or transport a firearm on the school 31 grounds, including for purposes of conducting an instructional 32 program regarding firearms. 33 Sec. 4. Section 724.4C, Code 2011, is amended to read as 34 follows: 35 -3- LSB 1174YC (5) 84 rh/rj 3/ 5

H.F. _____ 724.4C Possession or carrying of firearms dangerous weapons 1 while under the influence. 2 1. A permit issued under this chapter is invalid if the 3 person to whom the permit is issued is who carries a dangerous 4 weapon on or about the person while in an intoxicated condition 5 as provided in section 321J.2, subsection 1 commits a simple 6 misdemeanor . 7 2. This section shall not apply to any of the following: 8 a. A person who carries or possesses a dangerous weapon 9 while in the person’s own dwelling or place of business or on 10 land owned or lawfully possessed by the person. 11 b. The transitory possession or use of a dangerous weapon 12 during an act committed in self-defense or in defense of 13 another person if legally justified or excused, provided that 14 the possession or use of the dangerous weapon lasts no longer 15 than is immediately necessary to resolve the emergency. 16 Sec. 5. REPEAL. Section 724.5, Code 2011, is repealed. 17 EXPLANATION 18 This bill relates to the carrying of weapons and provides a 19 penalty. 20 Current law provides that a person who goes armed with a 21 dangerous weapon concealed on or about the person, or who, 22 within the limits of any city, goes armed with a pistol or 23 revolver, or any loaded firearm of any kind, whether concealed 24 or not, or who knowingly carries or transports in a vehicle a 25 pistol or revolver, commits an aggravated misdemeanor unless 26 certain circumstances apply including if the person has in the 27 person’s possession a valid permit to carry weapons. The bill 28 eliminates this provision and provides that except for other 29 lawful purposes provided in the bill, a person who carries a 30 dangerous weapon on or about the person or who has a dangerous 31 weapon within the person’s immediate access or reach while in 32 a vehicle, with the intent to use the dangerous weapon in an 33 unlawful manner against another person, commits an aggravated 34 misdemeanor. The mere carrying or possession of a dangerous 35 -4- LSB 1174YC (5) 84 rh/rj 4/ 5

H.F. _____ weapon shall not give rise to an inference that the person 1 intended to use the dangerous weapon unlawfully against another 2 person. A dangerous weapon is defined as any instrument or 3 device designed primarily for use in inflicting death or 4 injury upon a human being or animal, and which is capable of 5 inflicting death upon a human being when used in the manner 6 for which it was designed, except for a bow and arrow used for 7 hunting or any other lawful purpose (Code section 702.7). 8 The bill generally makes conforming changes to the phrase 9 “goes armed with” relating to dangerous weapons and knives to 10 “carries”. The bill also makes conforming changes to Code 11 section 724.4B relating to the carrying of weapons and firearms 12 on school grounds. 13 The bill eliminates a provision invalidating a person’s 14 permit to carry weapons if the person is intoxicated. 15 The bill provides that a person who carries a dangerous 16 weapon while the person is in an intoxicated condition commits 17 a simple misdemeanor punishable by confinement for no more than 18 30 days or a fine of at least $65 but not more than $625 or by 19 both. This criminal penalty does not apply to a person who 20 carries or possesses a dangerous weapon while in the person’s 21 own dwelling or place of business or on land owned or lawfully 22 possessed by the person or to the transitory possession or use 23 of a dangerous weapon during an act committed in self-defense 24 or in defense of another person if legally justified or 25 excused, provided that the possession or use of the dangerous 26 weapon lasts no longer than is immediately necessary to resolve 27 the emergency. 28 The bill repeals Code section 724.5 relating to a person’s 29 duty to carry a weapons permit if the person goes armed with a 30 revolver, pistol, or pocket billy concealed upon the person, 31 currently a simple misdemeanor. 32 -5- LSB 1174YC (5) 84 rh/rj 5/ 5