H.F. 147 Section 1. Section 232.52, subsection 2, paragraph a, 1 subparagraph (4), subparagraph division (a), subparagraph 2 subdivision (viii), Code 2017, 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 2017, 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 2017, 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 and who uses the knife in the commission of a crime, commits an 21 aggravated misdemeanor. 22 Sec. 4. Section 724.4B, Code 2017, is amended by striking 23 the section and inserting in lieu thereof the following: 24 724.4B Carrying dangerous weapons on school grounds —— 25 penalty —— exceptions. 26 1. A person who goes armed with, carries, or transports 27 a dangerous weapon of any kind, whether concealed or not, on 28 the grounds of a school commits a class “D” felony. For the 29 purposes of this section, “school” means a public or nonpublic 30 school as 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 dangerous weapon 34 on the school grounds for any lawful purpose. 35 -1- LSB 1269YH (4) 87 jm/rj/rh 1/ 5

H.F. 147 b. A peace officer, when the officer’s duties require the 1 person to carry a dangerous weapon. 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 dangerous weapon is carried in connection with 5 the person’s duties as such. 6 d. A correctional officer, when the officer’s duties require 7 the officer to carry a dangerous weapon, serving under the 8 authority of the Iowa department of 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 or common carrier 15 inside a closed and fastened container or securely wrapped 16 package which is too large to be concealed on the person or 17 carries or transports an unloaded pistol or revolver inside a 18 cargo or luggage compartment where the pistol or revolver will 19 not be readily accessible to any person riding in the vehicle 20 or common carrier. 21 g. A law enforcement officer from another state when the 22 officer’s duties require the officer to carry a dangerous 23 weapon and the officer is in this state for any of the 24 following reasons: 25 (1) The extradition or other lawful removal of a prisoner 26 from this state. 27 (2) Pursuit of a suspect in compliance with chapter 806. 28 (3) Activities in the capacity of a law enforcement officer 29 with the knowledge and consent of the chief of police of the 30 city or the sheriff of the county in which the activities occur 31 or of the commissioner of public safety. 32 Sec. 5. Section 724.4C, Code 2017, is amended to read as 33 follows: 34 724.4C Possession or carrying of firearms dangerous weapons 35 -2- LSB 1269YH (4) 87 jm/rj/rh 2/ 5

H.F. 147 while under the influence. 1 1. A permit issued under this chapter is invalid if the 2 Except as provided in subsection 2, a person to whom the permit 3 is issued is commits a serious misdemeanor if the person 4 is intoxicated as provided under the conditions set out in 5 section 321J.2, subsection 1 . , and the person does any of the 6 following: 7 a. Carries a dangerous weapon on or about the person. 8 b. Carries a dangerous weapon within the person’s immediate 9 access or reach while in a vehicle. 10 2. This section shall not apply to any of the following: 11 a. A person who carries or possesses a dangerous weapon 12 while in the person’s own dwelling, place of business, or on 13 land owned or lawfully possessed by the person. 14 b. The transitory possession or use of a dangerous weapon 15 during an act of justified self-defense or justified defense of 16 another, provided that the possession lasts no longer than is 17 immediately necessary to resolve the emergency. 18 Sec. 6. Section 724.5, Code 2017, is amended by striking the 19 section and inserting in lieu thereof the following: 20 724.5 Availability of permit not to be construed as 21 prohibition on unlicensed carrying of weapons. 22 The availability of a professional or nonprofessional permit 23 to carry weapons under this chapter shall not be construed 24 to impose a general prohibition on the unlicensed carrying, 25 whether openly or concealed, of a dangerous weapon, including 26 a loaded firearm. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to the carrying and possession of weapons 31 and provides penalties. 32 The bill amends Code section 708.8, the crime of going 33 armed with a dangerous weapon with intent, a class “D” felony, 34 to provide that the intent element required for a violation 35 -3- LSB 1269YH (4) 87 jm/rj/rh 3/ 5

H.F. 147 of this crime shall not be inferred from the mere carrying 1 or concealment of a dangerous weapon. “Dangerous weapon” 2 is defined in Code section 702.7 for purposes of use in the 3 criminal code. 4 The bill amends Code section 724.4 by striking the current 5 penalty for carrying dangerous weapons. Instead, the bill 6 creates a new crime of going armed with a knife in the 7 commission of a crime, an aggravated misdemeanor. The bill 8 makes a conforming change to Code section 232.52, subsection 9 2, relating to the suspension or revocation of a juvenile’s 10 driver’s license or operating privilege. The bill also makes a 11 Code change to Code section 724.4B, relating to the carrying 12 of weapons on school grounds, to specifically include certain 13 categories of persons who are authorized to carry weapons on 14 school grounds. 15 The bill amends Code section 724.4C relating to the crime of 16 possession or carrying of firearms while under the influence 17 of alcohol or a drug. Current law invalidates a permit to 18 carry weapons if the person to whom the permit is issued is 19 intoxicated, as defined in Code section 321J.2, subsection 1 20 (while under the influence of an alcoholic beverage or other 21 drug or a combination of such substances, while having an 22 alcohol concentration of .08 or more, or while any amount of a 23 controlled substance is present in the person, as measured in 24 the person’s blood or urine). The bill amends this provision 25 to provide that a person commits a serious misdemeanor if 26 the person is intoxicated and the person either carries a 27 dangerous weapon on or about the person or carries a dangerous 28 weapon within the person’s immediate access or reach while in 29 a vehicle. This crime does not apply to situations where a 30 person carries or possesses a dangerous weapon while in the 31 person’s own dwelling, place of business, or on the person’s 32 land, and the transitory possession or use of a firearm during 33 an act of justified self-defense or justified defense of 34 another, if the possession of the firearm lasts no longer than 35 -4- LSB 1269YH (4) 87 jm/rj/rh 4/ 5

H.F. 147 immediately necessary to resolve the emergency. 1 The bill strikes Code section 724.5 relating to a person’s 2 duty to carry a valid permit to carry certain weapons for 3 which a permit has been issued to the person and replaces that 4 Code section with language providing that the availability 5 of a professional or nonprofessional permit to carry weapons 6 shall not be construed to impose a general prohibition on 7 the unlicensed carrying, whether openly or concealed, of a 8 dangerous weapon, including a loaded firearm. 9 -5- LSB 1269YH (4) 87 jm/rj/rh 5/ 5