HF 384 (LSB 1515YH (4) 85)

HOUSE FILE 384

BY  WINDSCHITL

A BILL FOR

An Act concerning the authorized possession of certain offensive weapons and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 724.1, subsections 1, 2, and 8, Code 2013, are amended to read as follows:
   1.  A machine gun. A machine gun is a firearm which shoots or is designed to shoot more than one shot
 
automatically, without manual reloading, by a single function of the trigger.
   2.  A short-barreled rifle or short-barreled shotgun. A short-barreled rifle or short-barreled shotgun is a rifle with a barrel or barrels less than sixteen inches in length or a shotgun with a barrel or barrels less than eighteen inches in length, as measured from the face of the closed bolt or standing breech to the muzzle, or any
 
weapon made from a rifle or shotgun with
 
if such weapon as modified has an overall length
 
of less than twenty-six inches.
   8.  Any mechanical device specifically constructed and designed so that when attached to a firearm
 
it silences, muffles, or suppresses the sound when fired. However, this subsection does not apply to a mechanical device possessed and used by a person solely for the purpose of shooting a deer pursuant to an approved city special deer population control plan if the person has a valid federal permit to possess and use the mechanical device.
    Sec. 2.  Section 724.2, Code 2013, is amended by striking the section and inserting in lieu thereof the following:
   724.2  Authority to possess offensive weapons.
   All of the following are authorized to possess offensive weapons:
   1.  The following persons or entities when the duties or lawful activities of the person or entity require or permit such possession:
   a.  Any peace officer.
   b.  Any member of the armed forces of the United States or of the national guard.
   c.  Any person in the service of the United States.
   d.  A correctional officer, serving in an institution under the authority of the Iowa department of corrections.

   e.  Any person who, under the laws of this state and the United States, is lawfully engaged in the business of supplying those authorized to possess such devices.
   f.  Any person, firm, or corporation who under the laws of this state and the United States is lawfully engaged in the improvement, invention, or manufacture of firearms.
   g.  Any museum or similar place which possesses, solely as relics, offensive weapons which are rendered permanently unfit for use.
   2.  The following persons who possess an offensive weapon which is a curio or relic firearm under the federal Gun Control Act of 1968, 18 U.S.C. ch. 44 and the federal National Firearms Act of 1934, 26 U.S.C. ch. 53:
   a.  A resident of this state, if the offensive weapon has been permanently rendered unfit for the firing of live ammunition. The offensive weapon may, however, be adapted for the firing of blank ammunition.
   b.  A nonresident, if the offensive weapon is legally possessed by the person in the person’s state of residence and the offensive weapon is at all times while in this state rendered incapable of firing live ammunition. A nonresident who possesses an offensive weapon under this paragraph while in this state shall not have in the person’s possession live ammunition. The offensive weapon may, however, be adapted for the firing of blank ammunition.
   3.  A person who possesses a device described in section 724.1, subsection 8, or a machine gun, short-barreled rifle, or short-barreled shotgun, as those terms are defined in section 724.1, in compliance with the federal Gun Control Act of 1968, 18 U.S.C. ch. 44 and the federal National Firearms Act of 1934, 26 U.S.C. ch. 53.
    Sec. 3.  Section 724.3, Code 2013, is amended to read as follows:
   724.3  Unauthorized possession of offensive weapons.
   Any person
 
or entity, other than a person
 
or entity authorized herein
 
in section 724.2, who knowingly possesses an offensive weapon commits a class “D” felony.
EXPLANATION
   This bill relates to the authorized possession of offensive weapons.
   The bill modifies the definition of a machine gun, a short-barreled rifle, a short-barreled shotgun, and a mechanical device that silences, muffles, or suppresses the sound of a firearm when fired, defined as offensive weapons under Code section 724.1. Under Code section 724.3 a person who is not authorized under Code section 724.2 to possess an offensive weapon is guilty of a class “D” felony.
   The bill amends provisions in Code section 724.2 authorizing the possession of certain offensive weapons in certain circumstances, including an offensive weapon that is a curio or relic firearm, a machine gun, a short-barreled rifle, a short-barreled shotgun, and a mechanical device that silences, muffles, or suppresses the sound of a firearm when fired, as amended in the bill, in compliance with the provisions of the federal Gun Control Act of 1968 and the federal National Firearms Act of 1934.