House File 2281 - Introduced HOUSE FILE 2281 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2042) A BILL FOR An Act relating to the possession of a pistol, revolver, or 1 ammunition by persons under fourteen years of age, and 2 including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5069HV (4) 86 jm/rj
H.F. 2281 Section 1. Section 724.22, subsection 5, Code 2016, is 1 amended to read as follows: 2 5. A parent or guardian or spouse who is twenty-one years of 3 age or older, of a person fourteen years of age but less than 4 under the age of twenty-one may allow the person to possess a 5 pistol or revolver or the ammunition therefor for any lawful 6 purpose while under the direct supervision of the parent or 7 guardian or spouse who is twenty-one years of age or older, or 8 while the person receives instruction in the proper use thereof 9 from an instructor twenty-one years of age or older, with the 10 consent of such parent , or guardian or spouse. 11 Sec. 2. Section 724.22, Code 2016, is amended by adding the 12 following new subsections: 13 NEW SUBSECTION . 8. A parent or guardian or spouse who is 14 twenty-one years of age or older, of a minor under the age of 15 fourteen years who allows that minor to possess a pistol or 16 revolver or the ammunition therefor for any lawful purpose 17 while under direct supervision of the parent or guardian or 18 spouse who is twenty-one years of age or older, shall be 19 strictly liable to an injured party for all damages resulting 20 from the possession of the pistol or revolver or ammunition 21 therefor by that minor. 22 NEW SUBSECTION . 9. As used in this section, “direct 23 supervision” means supervision provided by another person who 24 maintains visual and verbal contact at all times with the 25 supervised person. 26 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 27 immediate importance, takes effect upon enactment. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to the possession of a pistol, revolver, or 32 ammunition by persons under the age of 14. 33 Current law prohibits all persons including a parent, 34 guardian, or spouse from allowing a person under 14 years of 35 -1- LSB 5069HV (4) 86 jm/rj 1/ 2
H.F. 2281 age to possess a pistol, revolver, or the ammunition therefor. 1 A person who violates current law commits a serious misdemeanor 2 for a first offense and a class “D” felony for any second or 3 subsequent offense. 4 Current law does allow a person at least 14 years of age but 5 under 21 years of age to possess a pistol, revolver, or the 6 ammunition therefor, if such person has consent from a parent, 7 guardian, or spouse who is 21 years of age or older. Current 8 law also permits a person under 21 years of age but at least 9 18 years of age, while on military duty, or while acting as 10 a peace officer, security guard, or correctional officer, to 11 possess a pistol, revolver, or the ammunition therefor without 12 consent from a parent, guardian, or spouse. 13 The bill allows a parent, guardian, or spouse who is 21 years 14 of age or older, while under the direct supervision of the 15 parent, guardian, or spouse, or an instructor 21 years of age 16 or older with the consent of the parent, guardian, or spouse, 17 to permit a person under 14 years of age to possess a pistol or 18 revolver or the ammunition therefor, which may then be lawfully 19 used. 20 The bill provides that a parent or guardian or spouse who 21 is 21 years of age or older, of a minor under 14 years of age, 22 who allows that minor to possess a pistol or revolver or the 23 ammunition therefor for any lawful purpose while under the 24 direct supervision of the parent or guardian or spouse who 25 is 21 years of age or older, shall be strictly liable to an 26 injured party for all damages resulting from the possession of 27 the pistol or revolver or ammunition therefor by that minor. 28 The bill defines “direct supervision” for purposes of Code 29 section 724.22 to mean supervision provided by another person 30 who maintains visual and verbal contact at all times with the 31 supervised person. 32 The bill takes effect upon enactment. 33 -2- LSB 5069HV (4) 86 jm/rj 2/ 2