House Study Bill 37 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON BAUDLER) A BILL FOR An Act relating to the authorized possession of certain 1 offensive weapons. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1171YC (6) 84 rh/rj

H.F. _____ Section 1. Section 724.1, subsections 1, 2, and 8, Code 1 2011, are amended to read as follows: 2 1. A machine gun. A machine gun is a firearm which shoots 3 or is designed to shoot more than one shot automatically , 4 without manual reloading, by a single function of the trigger. 5 2. A short-barreled rifle or short-barreled shotgun. A 6 short-barreled rifle or short-barreled shotgun is a rifle with 7 a barrel or barrels less than sixteen inches in length or a 8 shotgun with a barrel or barrels less than eighteen inches 9 in length, as measured from the face of the closed bolt or 10 standing breech to the muzzle, or any weapon made from a rifle 11 or shotgun with if such weapon as modified has an overall 12 length less than twenty-six inches. 13 8. Any mechanical device specifically constructed and 14 designed so that when attached to a firearm silences, muffles, 15 or suppresses the sound when fired. However, this subsection 16 does not apply to a mechanical device possessed and used by 17 a person solely for the purpose of shooting a deer pursuant 18 to an approved city special deer population control plan if 19 the person has a valid federal permit to possess and use the 20 mechanical device. 21 Sec. 2. Section 724.2, unnumbered paragraph 1, Code 2011, 22 is amended to read as follows: 23 Any of the The following is persons are authorized to possess 24 an offensive weapon when in the performance of the person’s 25 official duties or lawful activities require or permit such 26 possession as prescribed by the person’s employing agency : 27 Sec. 3. Section 724.2, subsections 8 and 9, Code 2011, are 28 amended to read as follows: 29 8. A resident of this state who possesses an offensive 30 weapon which is a curio or relic firearm under the federal 31 Firearms Gun Control Act of 1968 , 18 U.S.C. ch. 44 or the 32 federal National Firearms Act of 1934, 26 U.S.C. ch. 53 , solely 33 for use in the official functions of a historical reenactment 34 organization of which the person is a member, if the offensive 35 -1- LSB 1171YC (6) 84 rh/rj 1/ 3

H.F. _____ weapon has been permanently rendered unfit for the firing of 1 live ammunition. The offensive weapon may, however, be adapted 2 for the firing of blank ammunition. 3 9. A nonresident who possesses an offensive weapon which 4 is a curio or relic firearm under the federal Firearms Gun 5 Control Act of 1968 , 18 U.S.C. ch. 44 or the federal National 6 Firearms Act of 1934, 26 U.S.C. ch. 53 , solely for use in 7 official functions in this state of a historical reenactment 8 organization of which the person is a member, if the offensive 9 weapon is legally possessed by the person in the person’s state 10 of residence and the offensive weapon is at all times while 11 in this state rendered incapable of firing live ammunition. 12 A nonresident who possesses an offensive weapon under this 13 subsection while in this state shall not have in the person’s 14 possession live ammunition. The offensive weapon may, however, 15 be adapted for the firing of blank ammunition. 16 Sec. 4. Section 724.2, Code 2011, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 10. A person who possesses a device 19 described in section 724.1, subsection 8, or a machine gun, 20 short-barreled rifle, or short-barreled shotgun as defined in 21 section 724.1, in compliance with the federal Gun Control Act 22 of 1968, 18 U.S.C. ch. 44 or the federal National Firearms Act 23 of 1934, 26 U.S.C. ch. 53. 24 Sec. 5. Section 724.3, Code 2011, is amended to read as 25 follows: 26 724.3 Unauthorized possession of offensive weapons. 27 Any person, other than a person authorized herein in section 28 724.2 , who knowingly possesses an offensive weapon commits a 29 class “D” felony. 30 EXPLANATION 31 This bill relates to the authorized possession of offensive 32 weapons. 33 The bill modifies the definition of a machine gun, a 34 short-barreled rifle, a short-barreled shotgun, and a 35 -2- LSB 1171YC (6) 84 rh/rj 2/ 3

H.F. _____ mechanical device that silences, muffles, or suppresses the 1 sound of a firearm when fired, defined as offensive weapons 2 under Code section 724.1. A person who is not authorized under 3 Code section 724.3 to possess an offensive weapon is guilty of 4 a class “D” felony. 5 The bill amends provisions in Code section 724.2 authorizing 6 the possession of certain offensive weapons in certain 7 circumstances, including an offensive weapon that is a curio 8 or relic firearm, a machine gun, a short-barreled rifle, a 9 short-barreled shotgun, and a mechanical device that silences, 10 muffles, or suppresses the sound of a firearm when fired, as 11 amended in the bill, in compliance with the provisions of 12 the federal Gun Control Act of 1968 and the federal National 13 Firearms Act of 1934. 14 -3- LSB 1171YC (6) 84 rh/rj 3/ 3