House Study Bill 219 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON SANDS) A BILL FOR An Act concerning the carrying of weapons including provisions 1 relating to permits to carry weapons and providing a 2 penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2734YC (2) 84 rh/rj
H.F. _____ Section 1. Section 80A.13, Code 2011, is amended to read as 1 follows: 2 80A.13 Campus weapon requirements. 3 An individual employed by a college or university, or by a 4 private security business holding a contract with a college or 5 university, who performs private security duties on a college 6 or university campus and who carries a weapon while performing 7 these duties shall meet all of the following requirements: 8 1. File with the sheriff of the county in which the campus 9 is located evidence that the individual has successfully 10 completed an approved firearms training program under section 11 724.9 . This requirement does not apply to armored car 12 personnel. 13 2. Possess a permit to carry weapons issued by the sheriff 14 of the county in which the campus is located under sections 15 724.6 through 724.11 . This requirement does not apply to 16 armored car personnel. 17 3. File file with the sheriff of the county in which the 18 campus is located a sworn affidavit from the employer outlining 19 the nature of the duties to be performed and justification of 20 the need to go armed. 21 Sec. 2. Section 724.4, Code 2011, is amended to read as 22 follows: 23 724.4 Carrying weapons. 24 1. Except as otherwise provided in this section , a person 25 who goes armed with a dangerous weapon concealed on or about 26 the person, or who, within the limits of any city, goes 27 armed with a pistol or revolver, or any loaded firearm of 28 any kind, whether concealed or not, or who knowingly carries 29 or transports in a vehicle a pistol or revolver, commits an 30 aggravated misdemeanor. Except as otherwise provided in this 31 section, a person in this state may carry, either openly or 32 concealed, a loaded or unloaded firearm, with or without a 33 concealed weapons permit, on the person or in a vehicle for any 34 lawful purpose. 35 -1- LSB 2734YC (2) 84 rh/rj 1/ 9
H.F. _____ 2. A person who goes armed with a dangerous weapon with 1 the intent to commit a crime of violence commits a class “D” 2 felony. For purposes of this subsection, “crime of violence” 3 means a felony which has, as an element of the offense, the use 4 of physical force by one person against another person. 5 2. 3. A person who goes armed with a knife concealed 6 on or about the person, if the person uses the knife in the 7 commission of a crime, commits an aggravated misdemeanor. 8 3. A person who goes armed with a knife concealed on or 9 about the person, if the person does not use the knife in the 10 commission of a crime: 11 a. If the knife has a blade exceeding eight inches in 12 length, commits an aggravated misdemeanor. 13 b. If the knife has a blade exceeding five inches but 14 not exceeding eight inches in length, commits a serious 15 misdemeanor. 16 4. Subsections 1 through 2 and 3 do not apply to any of the 17 following: 18 a. A person who for any lawful purpose goes armed with 19 a dangerous weapon in the person’s own dwelling or place of 20 business, or on land owned or possessed by the person. 21 b. A peace officer, when the officer’s duties require the 22 person to carry such weapons. 23 c. A member of the armed forces of the United States or 24 of the national guard or person in the service of the United 25 States, when the weapons are carried in connection with the 26 person’s duties as such. 27 d. A correctional officer, when the officer’s duties 28 require, serving under the authority of the Iowa department of 29 corrections. 30 e. c. A person who for any lawful purpose carries an 31 unloaded pistol, revolver, or other dangerous weapon inside a 32 closed and fastened container or securely wrapped package which 33 is too large to be concealed on the person. 34 f. A person who for any lawful purpose carries or transports 35 -2- LSB 2734YC (2) 84 rh/rj 2/ 9
H.F. _____ an unloaded pistol or revolver in a vehicle inside a closed 1 and fastened container or securely wrapped package which is 2 too large to be concealed on the person or inside a cargo 3 or luggage compartment where the pistol or revolver will not 4 be readily accessible to any person riding in the vehicle or 5 common carrier. 6 g. A person while the person is lawfully engaged in target 7 practice on a range designed for that purpose or while actually 8 engaged in lawful hunting. 9 h. d. A person who carries a knife used in hunting or 10 fishing, while actually engaged in lawful hunting or fishing. 11 i. A person who has in the person’s possession and who 12 displays to a peace officer on demand a valid permit to carry 13 weapons which has been issued to the person, and whose conduct 14 is within the limits of that permit. A person shall not be 15 convicted of a violation of this section if the person produces 16 at the person’s trial a permit to carry weapons which was valid 17 at the time of the alleged offense and which would have brought 18 the person’s conduct within this exception if the permit had 19 been produced at the time of the alleged offense. 20 j. e. A law enforcement officer from another state when the 21 officer’s duties require the officer to carry the weapon and 22 the officer is in this state for any of the following reasons: 23 (1) The extradition or other lawful removal of a prisoner 24 from this state. 25 (2) Pursuit of a suspect in compliance with chapter 806 . 26 (3) Activities in the capacity of a law enforcement officer 27 with the knowledge and consent of the chief of police of the 28 city or the sheriff of the county in which the activities occur 29 or of the commissioner of public safety. 30 k. f. A person engaged in the business of transporting 31 prisoners under a contract with the Iowa department of 32 corrections or a county sheriff, a similar agency from another 33 state, or the federal government. 34 Sec. 3. Section 724.4B, subsection 2, paragraph a, Code 35 -3- LSB 2734YC (2) 84 rh/rj 3/ 9
H.F. _____ 2011, is amended to read as follows: 1 a. A person listed under section 724.4, subsection 4, 2 paragraphs paragraph “b” through “f” , “c” , or “j” “e” . 3 Sec. 4. Section 724.6, Code 2011, is amended to read as 4 follows: 5 724.6 Professional permit to carry weapons. 6 1. A person may be issued a permit to carry weapons 7 when the person’s employment who is employed in a private 8 investigation business or private security business licensed 9 under chapter 80A , or a person’s employment as a peace officer, 10 correctional officer, security guard, bank messenger or other 11 person transporting property of a value requiring security, 12 or in police work, whose employment reasonably justifies that 13 person going armed , shall not, as a condition of employment, 14 be required to obtain a permit to carry weapons under this 15 section but shall be issued a permit to carry weapons under 16 this section if the person chooses to apply for the permit 17 and meets the requirements of sections 724.8 through 724.10 . 18 The permit shall be on a form prescribed and published by the 19 commissioner of public safety, shall identify the holder, 20 and shall state the nature of the employment requiring the 21 holder to go armed. A permit so issued, other than to a peace 22 officer, shall authorize state that the person to whom it is 23 issued is authorized to go armed anywhere in the state, only 24 while engaged in the employment, and while going to and from 25 the place of the employment. A permit issued to a certified 26 peace officer shall authorize state that the peace officer is 27 authorized to go armed anywhere in the state at all times. 28 Permits shall expire twelve months five years after the date 29 when issued except that permits issued to peace officers and 30 correctional officers are valid through the officer’s period of 31 employment unless otherwise canceled. When the employment is 32 terminated, the holder of the permit shall surrender it to the 33 issuing officer for cancellation. 34 2. Notwithstanding subsection 1 , fire fighters, as defined 35 -4- LSB 2734YC (2) 84 rh/rj 4/ 9
H.F. _____ in section 411.1, subsection 10 , airport fire fighters included 1 under section 97B.49B , and emergency medical care providers, 2 as defined in section 147A.1 , shall not, as a condition of 3 employment, be required to obtain a permit under this section . 4 However, the provisions of this subsection shall not apply to a 5 person designated as an arson investigator by the chief fire 6 officer of a political subdivision. 7 Sec. 5. Section 724.7, subsection 1, Code 2011, is amended 8 to read as follows: 9 1. Any A person who is not disqualified under section 724.8 , 10 otherwise prohibited from possessing or transporting a firearm 11 and who satisfies the training requirements of section 724.9 , 12 and who files an application in accordance with section 724.10 13 meets the requirements in sections 724.8 through 724.10 shall 14 be issued a nonprofessional permit to carry weapons if the 15 person chooses to apply for such a permit . Such permits shall 16 be on a form prescribed and published by the commissioner of 17 public safety, which shall be readily distinguishable from 18 the professional permit, and shall identify the holder of the 19 permit. Such permits shall not be issued for a particular 20 weapon and shall not contain information about a particular 21 weapon including the make, model, or serial number of the 22 weapon or any ammunition used in that weapon. All permits so 23 issued shall be for a period of five years and shall be valid 24 throughout the state except where the possession or carrying of 25 a firearm is prohibited by state or federal law. 26 Sec. 6. Section 724.8, Code 2011, is amended by striking the 27 section and inserting in lieu thereof the following: 28 724.8 Persons ineligible for permit to carry weapons. 29 An applicant for a permit to carry a weapon pursuant to 30 section 724.6 or 724.7 who is otherwise prohibited by state or 31 federal law from possessing or transporting a firearm shall not 32 be eligible for a permit to carry weapons. 33 Sec. 7. Section 724.11, Code 2011, is amended to read as 34 follows: 35 -5- LSB 2734YC (2) 84 rh/rj 5/ 9
H.F. _____ 724.11 Issuance of permit to carry weapons. 1 1. Applications An application for permits a permit to 2 carry weapons shall , if made, be made to the sheriff of the 3 county in which the applicant resides. Applications for 4 professional permits to carry weapons for persons who are 5 nonresidents of the state, or whose need to go armed arises 6 out of employment by the state, if made, shall be made to the 7 commissioner of public safety. In either case, the sheriff 8 or commissioner, before issuing the permit, shall determine 9 that the requirements of sections 724.6 to 724.10 have been 10 satisfied and the applicant is not otherwise prohibited 11 by state or federal law from possessing or transporting a 12 firearm . However, for renewal of a permit the training program 13 requirements in section 724.9 , subsection 1 , shall apply 14 or the renewal applicant may choose to qualify on a firing 15 range under the supervision of an instructor certified by the 16 national rifle association or the department of public safety 17 or another state’s department of public safety, state police 18 department, or similar certifying body. Such training or 19 qualification must occur within the twelve-month period prior 20 to the expiration of the applicant’s current permit. 21 2. Neither the sheriff nor the commissioner shall require an 22 applicant for a permit to carry weapons to provide information 23 identifying a particular weapon in the application including 24 the make, model, or serial number of the weapon or any 25 ammunition used in that particular weapon. 26 3. 2. The issuing officer shall collect a fee of fifty 27 dollars, except from a duly appointed peace officer or 28 correctional officer, for each permit issued. Renewal permits 29 or duplicate permits shall be issued for a fee of twenty-five 30 five dollars , provided the application for such renewal permit 31 is received by the issuing officer at least thirty days prior 32 to the expiration of the applicant’s current permit . The 33 issuing officer shall notify the commissioner of public safety 34 of the issuance of any permit at least monthly and forward to 35 -6- LSB 2734YC (2) 84 rh/rj 6/ 9
H.F. _____ the commissioner an amount equal to ten two dollars for each 1 permit issued and five dollars one dollar for each renewal 2 or duplicate permit issued. All such fees received by the 3 commissioner shall be paid to the treasurer of state and 4 deposited in the operating account of the department of public 5 safety to offset the cost of administering this chapter . 6 Notwithstanding section 8.33 , any Any unspent balance as of 7 June 30 of each year shall not revert to the general fund of the 8 state as provided in section 8.33 . 9 4. 3. The sheriff or commissioner of public safety 10 shall approve or deny an initial or renewal application 11 submitted under this section within thirty ten business days of 12 receipt of the application and, if approved, shall issue the 13 permit . A person whose application for a permit under this 14 chapter is denied may seek review of the denial under section 15 724.21A . The failure to approve or deny an initial or renewal 16 application shall result in a decision of approval. 17 Sec. 8. REPEAL. Section 724.5, Code 2011, is repealed. 18 EXPLANATION 19 This bill relates to the carrying of weapons and providing 20 a penalty. 21 Current law provides that a person who goes armed with a 22 dangerous weapon concealed on or about the person, or who, 23 within the limits of any city, goes armed with a pistol or 24 revolver, or any loaded firearm of any kind, whether concealed 25 or not, or who knowingly carries or transports in a vehicle a 26 pistol or revolver, commits an aggravated misdemeanor unless 27 certain circumstances apply including if the person has in 28 the person’s possession a valid permit to carry weapons. The 29 bill eliminates this provision and provides that, except as 30 otherwise provided, a person in this state may carry, either 31 openly or concealed, a loaded or unloaded firearm, with or 32 without a concealed weapons permit, on the person or in a 33 vehicle for any lawful purpose. The bill also provides that a 34 person who goes armed with a dangerous weapon with the intent 35 -7- LSB 2734YC (2) 84 rh/rj 7/ 9
H.F. _____ to commit a crime of violence commits a class “D” felony. For 1 purposes of the bill, “crime of violence” means a felony which 2 has, as an element of the offense, the use of physical force 3 by one person against another person. A class “D” felony is 4 punishable by confinement for no more than five years and a 5 fine of at least $750 but not more than $7,500. 6 The bill eliminates current law that provides that a person, 7 who is not involved in the commission of a crime, who goes 8 armed with a knife concealed on the person, commits either 9 an aggravated misdemeanor if the knife has a blade exceeding 10 eight inches or a serious misdemeanor if the knife has a blade 11 between five and eight inches. 12 The bill eliminates the requirement that a person, including 13 a person employed in a certain occupation whose employment 14 reasonably justifies that person going armed with a dangerous 15 weapon, must have and carry a professional or nonprofessional 16 permit to carry a weapon and makes it optional to apply for and 17 receive such permits. However, if a person applies for either 18 permit, the issuing officer (sheriff or commissioner of public 19 safety) shall issue the permit if certain requirements are met. 20 Such permits shall be issued for a five-year period at a cost 21 of $50. 22 The bill makes changes to current requirements relating 23 to a person’s eligibility to apply for a permit to carry 24 weapons, and the issuance of permits to carry weapons. 25 The bill provides that an applicant for a professional or 26 nonprofessional permit to carry weapons who is otherwise 27 prohibited by state or federal law from possessing or 28 transporting a firearm shall not be eligible for the permit. 29 The bill also reduces fees collected for renewal permits as 30 well as certain processing fees. The bill changes the period 31 of time that an issuing officer has to approve or deny an 32 initial or renewal application from within 30 days of receipt 33 of the application to within ten business days of receipt of 34 the application. 35 -8- LSB 2734YC (2) 84 rh/rj 8/ 9
H.F. _____ The bill also repeals Code section 724.5 relating to a 1 person’s duty to carry a weapons permit if the person goes 2 armed with a revolver, pistol, or pocket billy concealed upon 3 the person, currently a simple misdemeanor. 4 -9- LSB 2734YC (2) 84 rh/rj 9/ 9