Senate File 400 - Introduced SENATE FILE 400 BY BERTRAND , ANDERSON , SHIPLEY , CHELGREN , WHITVER , JOHNSON , GUTH , KAPUCIAN , ROZENBOOM , SEGEBART , SCHULTZ , ZUMBACH , BREITBACH , BEHN , SINCLAIR , COSTELLO , and DIX A BILL FOR An Act relating to the carrying and possession of weapons and 1 providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1560XS (4) 86 jm/rj

S.F. 400 Section 1. Section 232.52, subsection 2, paragraph a, 1 subparagraph (4), subparagraph division (a), subparagraph 2 subdivision (viii), Code 2015, is amended to read as follows: 3 (viii) Section 724.4 , if the child carried the dangerous 4 weapon used the knife in the commission of a crime on school 5 grounds. 6 Sec. 2. Section 708.8, Code 2015, is amended to read as 7 follows: 8 708.8 Going armed with intent. 9 A person who goes armed with any dangerous weapon with the 10 intent to use without justification such weapon against the 11 person of another commits a class “D” felony. The intent 12 required for a violation of this section shall not be inferred 13 from the mere carrying or concealment of any dangerous weapon 14 itself, including the carrying of a loaded firearm, whether in 15 a vehicle or on or about a person’s body. 16 Sec. 3. Section 724.4, Code 2015, is amended by striking the 17 section and inserting in lieu thereof the following: 18 724.4 Use of a knife in the commission of a crime. 19 A person who goes armed with a knife on or about the person, 20 if the person uses the knife in the commission of a crime, 21 commits an aggravated misdemeanor. 22 Sec. 4. Section 724.4B, Code 2015, is amended by striking 23 the section and inserting in lieu thereof the following: 24 724.4B Carrying weapons on school grounds —— penalty —— 25 exceptions. 26 1. A person who goes armed with, carries, or transports a 27 firearm of any kind, whether concealed or not, on the grounds 28 of a school commits a class “D” felony. For the purposes of 29 this section, “school” means a public or nonpublic school as 30 defined in section 280.2. 31 2. Subsection 1 does not apply to the following: 32 a. A person who has been specifically authorized by the 33 school to go armed with, carry, or transport a firearm on the 34 school grounds for any lawful purpose. 35 -1- LSB 1560XS (4) 86 jm/rj 1/ 5

S.F. 400 b. A peace officer, when the officer’s duties require the 1 person to carry such weapons. 2 c. A member of the armed forces of the United States or 3 of the national guard or person in the service of the United 4 States, when the weapons are carried in connection with the 5 person’s duties as such. 6 d. A correctional officer, when the officer’s duties 7 require, serving under the authority of the Iowa department of 8 corrections. 9 e. A person who for any lawful purpose carries an unloaded 10 pistol, revolver, or other dangerous weapon inside a closed and 11 fastened container or securely wrapped package which is too 12 large to be concealed on the person. 13 f. A person who for any lawful purpose carries or transports 14 an unloaded pistol or revolver in a vehicle inside a closed 15 and fastened container or securely wrapped package which is 16 too large to be concealed on the person or inside a cargo 17 or luggage compartment where the pistol or revolver will not 18 be readily accessible to any person riding in the vehicle or 19 common carrier. 20 g. 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 Sec. 5. Section 724.4C, Code 2015, is amended to read as 31 follows: 32 724.4C Possession or carrying of firearms while under the 33 influence. 34 1. A permit issued under this chapter is invalid if the 35 -2- LSB 1560XS (4) 86 jm/rj 2/ 5

S.F. 400 Except as provided in subsection 2, a person to whom the permit 1 is issued is commits a serious misdemeanor if the person 2 is intoxicated as provided under the conditions set out in 3 section 321J.2, subsection 1 . , and the person does any of the 4 following: 5 a. Carries a dangerous weapon on or about the person. 6 b. Carries a weapon within the person’s immediate access or 7 reach while in a vehicle. 8 2. This section shall not apply to any of the following: 9 a. A person who carries or possesses a dangerous weapon 10 while in the person’s own dwelling, place of business, or on 11 land owned or lawfully possessed by the person. 12 b. The transitory possession or use of a firearm during 13 an act of justified self-defense or justified defense of 14 another, provided that the possession lasts no longer than is 15 immediately necessary to resolve the emergency. 16 Sec. 6. Section 724.5, Code 2015, is amended by striking the 17 section and inserting in lieu thereof the following: 18 724.5 Availability of permit not to be construed as 19 prohibition on unlicensed carrying of weapons. 20 The availability of a professional or nonprofessional permit 21 to carry weapons under this chapter shall not be construed 22 to impose a general prohibition on the unlicensed carrying, 23 whether openly or concealed, of a deadly weapon, including a 24 loaded firearm. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to the carrying and possession of weapons 29 and provides penalties. 30 The bill amends Code section 708.8, the crime of going armed 31 with a dangerous weapon with intent, a class “D” felony, to 32 provide that the intent element required for a violation of 33 this crime shall not be inferred from the mere carrying or 34 concealment of a dangerous weapon. 35 -3- LSB 1560XS (4) 86 jm/rj 3/ 5

S.F. 400 The bill strikes Code section 724.4 relating to the crime of 1 carrying dangerous weapons, an aggravated misdemeanor, without 2 a valid permit or in other enumerated circumstances. Instead, 3 the bill section creates a new crime of going armed with a 4 knife in the commission of a crime, an aggravated misdemeanor. 5 The bill makes a conforming change to Code section 232.52, 6 subsection 2, relating to the suspension or revocation of a 7 juvenile’s driver’s license or operating privilege. The bill 8 also makes a conforming Code change to Code section 724.4B, 9 relating to the carrying of weapons on school grounds, to 10 specifically include certain categories of persons who are 11 authorized to carry weapons on school grounds. 12 The bill amends Code section 724.4C relating to the crime of 13 possession or carrying of firearms while under the influence 14 of alcohol or a drug. Current law invalidates a permit to 15 carry weapons if the person to whom the permit is issued is 16 intoxicated, as defined in Code section 321J.2, subsection 1 17 (while under the influence of an alcoholic beverage or other 18 drug or a combination of such substances, while having an 19 alcohol concentration of .08 or more, or while any amount of a 20 controlled substance is present in the person, as measured in 21 the person’s blood or urine). The bill amends this provision 22 to provide that a person commits a serious misdemeanor if 23 the person is intoxicated and the person either carries a 24 dangerous weapon on or about the person or carries a dangerous 25 weapon within the person’s immediate access or reach while in 26 a vehicle. This crime does not apply to situations where a 27 person carries or possesses a dangerous weapon while in the 28 person’s own dwelling, place of business, or on the person’s 29 land, and the transitory possession or use of a firearm during 30 an act of justified self-defense or justified defense of 31 another, if the possession of the firearm lasts no longer than 32 immediately necessary to resolve the emergency. 33 The bill strikes Code section 724.5 relating to a person’s 34 duty to carry a valid permit to carry certain weapons for 35 -4- LSB 1560XS (4) 86 jm/rj 4/ 5

S.F. 400 which a permit has been issued to the person and replaces that 1 Code section with a provision stating that the availability 2 of a professional or nonprofessional permit to carry weapons 3 shall not be construed to impose a general prohibition on the 4 unlicensed carrying of a deadly weapon including a loaded 5 firearm. 6 -5- LSB 1560XS (4) 86 jm/rj 5/ 5