House File 517 - Introduced HOUSE FILE 517 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 133) A BILL FOR An Act relating to offensive and dangerous weapons, and the 1 justifiable use of reasonable and deadly force, including 2 carrying, possessing, transferring, and acquiring weapons, 3 the purchase and regulation of such weapons, providing 4 penalties, and including effective date and applicability 5 provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1396HV (3) 87 jm/rh/rj

H.F. 517 DIVISION I 1 OFFENSIVE WEAPONS 2 Section 1. Section 724.1, subsection 1, paragraph b, Code 3 2017, is amended by striking the paragraph. 4 Sec. 2. NEW SECTION . 724.1C Short-barreled rifle or 5 short-barreled shotgun —— penalty. 6 1. A person shall not knowingly possess a short-barreled 7 rifle or short-barreled shotgun in violation of federal law. 8 2. A person who possesses a short-barreled rifle or 9 short-barreled shotgun in violation of subsection 1 commits a 10 class “D” felony. 11 DIVISION II 12 CARRYING WEAPONS AND POSSESSION OF WEAPONS 13 Sec. 3. Section 232.52, subsection 2, paragraph a, 14 subparagraph (4), subparagraph division (a), subparagraph 15 subdivision (viii), Code 2017, is amended to read as follows: 16 (viii) Section 724.4 , if the child carried the dangerous 17 weapon on school grounds or 724.4B . 18 Sec. 4. Section 708.8, Code 2017, is amended to read as 19 follows: 20 708.8 Going armed with intent. 21 A person who goes armed with any dangerous weapon with the 22 intent to use without justification such weapon against the 23 person of another commits a class “D” felony. The intent 24 required for a violation of this section shall not be inferred 25 from the mere carrying or concealment of any dangerous weapon 26 itself, including the carrying of a loaded firearm, whether in 27 a vehicle or on or about a person’s body. 28 Sec. 5. Section 724.4B, subsection 2, Code 2017, is amended 29 by adding the following new paragraph: 30 NEW PARAGRAPH . c. A private investigator or private 31 security officer who possesses a valid license pursuant to 32 chapter 80A, while engaged in the performance of duties as 33 a private investigator or private security officer, if the 34 private investigator or private security officer possesses a 35 -1- LSB 1396HV (3) 87 jm/rh/rj 1/ 33

H.F. 517 valid professional or nonprofessional permit to carry weapons 1 issued pursuant to this chapter. 2 Sec. 6. Section 724.4C, Code 2017, is amended to read as 3 follows: 4 724.4C Possession or carrying of firearms dangerous weapons 5 while under the influence. 6 1. A permit issued under this chapter is invalid if the 7 Except as provided in subsection 2, a person to whom the permit 8 is issued is commits a serious misdemeanor if the person 9 is intoxicated as provided under the conditions set out in 10 section 321J.2, subsection 1 . , and the person does any of the 11 following: 12 a. Carries a dangerous weapon on or about the person. 13 b. Carries a dangerous weapon within the person’s immediate 14 access or reach while in a vehicle. 15 2. This section shall not apply to any of the following: 16 a. A person who carries or possesses a dangerous weapon 17 while in the person’s own dwelling, place of business, or on 18 land owned or lawfully possessed by the person. 19 b. The transitory possession or use of a dangerous weapon 20 during an act of justified self-defense or justified defense of 21 another, provided that the possession lasts no longer than is 22 immediately necessary to resolve the emergency. 23 Sec. 7. Section 724.5, Code 2017, is amended to read as 24 follows: 25 724.5 Duty to carry permit to carry weapons. 26 1. A person armed with a revolver, pistol, or pocket billy 27 concealed upon the person shall have in the person’s immediate 28 possession the permit provided for in section 724.4, subsection 29 4 , paragraph “i” , and shall produce the permit for inspection at 30 the request of a peace officer. Failure to so produce a permit 31 is a simple misdemeanor. 32 2. A person charged with a violation of subsection 1 who 33 produces to the clerk of the district court prior to the 34 date of the person’s court appearance proof that the person 35 -2- LSB 1396HV (3) 87 jm/rh/rj 2/ 33

H.F. 517 possesses a valid permit to carry weapons which was valid at 1 the time of the alleged offense, shall not be convicted of a 2 violation of subsection 1 and the charge shall be dismissed by 3 the court. Upon dismissal, the court shall assess the costs 4 of the action against the person named on the indictment or 5 information. 6 DIVISION III 7 PERMIT TO CARRY WEAPONS AND FIREARM SAFETY TRAINING 8 Sec. 8. Section 80A.13, subsection 1, Code 2017, is amended 9 to read as follows: 10 1. File with the sheriff of the county in which the campus 11 is located evidence that the individual has successfully 12 completed an approved firearms firearm safety training program 13 under section 724.9 . This requirement does not apply to 14 armored car personnel. 15 Sec. 9. Section 724.9, Code 2017, is amended to read as 16 follows: 17 724.9 Firearm safety training program. 18 1. An applicant for an initial permit to carry weapons shall 19 demonstrate knowledge of firearm safety by any of the following 20 means: 21 a. Completion of any national rifle association handgun 22 safety training course. 23 b. Completion of any handgun safety training course 24 available to the general public offered by a law enforcement 25 agency, community college, college, private or public 26 institution or organization, or firearms training school, 27 utilizing instructors certified by the national rifle 28 association or the department of public safety or another 29 state’s department of public safety, state police department, 30 or similar certifying body. 31 c. Completion of any handgun safety training course offered 32 for security guards, investigators, special deputies, or any 33 division or subdivision of a law enforcement or security 34 enforcement agency approved by the department of public safety. 35 -3- LSB 1396HV (3) 87 jm/rh/rj 3/ 33

H.F. 517 d. Completion of small arms training while serving with the 1 armed forces of the United States as evidenced by any of the 2 following: . 3 (1) For personnel released or retired from active duty, 4 possession of an honorable discharge or general discharge under 5 honorable conditions. 6 (2) For personnel on active duty or serving in one of the 7 national guard or reserve components of the armed forces of the 8 United States, possession of a certificate of completion of 9 basic training with a service record of successful completion 10 of small arms training and qualification. 11 e. Completion of a law enforcement agency firearms firearm 12 safety training course that qualifies a peace officer to carry 13 a firearm in the normal course of the peace officer’s duties. 14 f. Completion of a hunter safety course taken on or after 15 July 1, 2017, that covers handgun safety training. 16 2. The handgun safety training course required in 17 subsection 1 may be conducted over the internet in a live or 18 web-based format, if completion of the course is verified by 19 the instructor or provider of the course. 20 3. Firearm safety training shall not be required for 21 renewals of permits issued after December 31, 2010. 22 2. 4. Evidence If firearm safety training is required under 23 this section, evidence of qualification under this section such 24 training may be documented by any of the following: 25 a. A photocopy of a certificate of completion or any 26 similar document indicating completion of any course or 27 class identified in subsection 1 that was completed within 28 twenty-four months prior to the date of the application . 29 b. An affidavit from the instructor, school, organization, 30 or group that conducted or taught a course or class identified 31 in subsection 1 that was completed within twenty-four 32 months prior to the date of the application attesting to the 33 completion of the course or class by the applicant. 34 c. A copy of any document indicating participation in any 35 -4- LSB 1396HV (3) 87 jm/rh/rj 4/ 33

H.F. 517 firearms shooting competition. 1 c. For personnel released or retired from active duty in the 2 armed forces of the United States, possession of an honorable 3 discharge or general discharge under honorable conditions 4 issued any time prior to the date of the application. 5 d. For personnel on active duty or serving in one of the 6 national guard or reserve components of the armed forces of the 7 United States, possession of a certificate of completion of 8 basic training with a service record of successful completion 9 of small arms training and qualification issued prior to the 10 date of the application, or any other official documentation 11 satisfactory to the issuing officer issued prior to the date 12 of the application. 13 3. 5. An issuing officer shall not condition the issuance 14 of a permit on training requirements that are not specified in 15 or that exceed the requirements of this section . 16 6. If an applicant applies after expiration of the time 17 periods specified for renewal in section 724.11, firearm safety 18 training shall not be required for a renewal permit under this 19 section. 20 Sec. 10. Section 724.11, subsections 1 and 3, Code 2017, are 21 amended to read as follows: 22 1. Applications for permits to carry weapons shall be made 23 to the sheriff of the county in which the applicant resides. 24 Applications for professional permits to carry weapons for 25 persons who are nonresidents of the state, or whose need to 26 go armed arises out of employment by the state, shall be made 27 to the commissioner of public safety. In either case, the 28 sheriff or commissioner, before issuing the permit, shall 29 determine that the requirements of sections 724.6 to 724.10 30 have been satisfied. However, for renewal of a permit the 31 training program requirements in section 724.9, subsection 1 , 32 shall apply or the renewal applicant may choose to qualify on a 33 firing range under the supervision of an instructor certified 34 by the national rifle association or the department of public 35 -5- LSB 1396HV (3) 87 jm/rh/rj 5/ 33

H.F. 517 safety or another state’s department of public safety, state 1 police department, or similar certifying body. Such training 2 or qualification must occur within the twelve-month period 3 prior to the expiration of the applicant’s current permit. 4 A renewal applicant shall apply within thirty days prior to 5 the expiration of the permit, or within thirty days after the 6 expiration of the permit; otherwise the applicant shall be 7 considered an applicant for an initial permit for purposes of 8 renewal fees under subsection 3. 9 3. The issuing officer shall collect a fee of fifty dollars 10 for an initial permit , except from a duly appointed peace 11 officer or correctional officer, for each permit issued. 12 Renewal permits or duplicate permits shall be issued for a 13 fee of twenty-five dollars, provided the application for such 14 renewal permit is received by the issuing officer at least 15 within thirty days prior to the expiration of the applicant’s 16 current permit or within thirty days after the expiration of 17 the applicant’s current permit . The issuing officer shall 18 notify the commissioner of public safety of the issuance of 19 any permit at least monthly and forward to the commissioner an 20 amount equal to ten dollars for each permit issued and five 21 dollars for each renewal or duplicate permit issued. All 22 such fees received by the commissioner shall be paid to the 23 treasurer of state and deposited in the operating account 24 of the department of public safety to offset the cost of 25 administering this chapter . Notwithstanding section 8.33 , any 26 unspent balance as of June 30 of each year shall not revert to 27 the general fund of the state. 28 Sec. 11. Section 724.11, Code 2017, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 5. An initial or renewal permit shall 31 have a uniform appearance, size, and content prescribed and 32 published by the commissioner of public safety. The permit 33 shall contain the name of the permittee and the effective date 34 of the permit, but shall not contain the permittee’s social 35 -6- LSB 1396HV (3) 87 jm/rh/rj 6/ 33

H.F. 517 security number. The permit shall also include a designation 1 that the permit is invalid when the permittee is intoxicated. 2 Such a permit shall not be issued for a particular weapon 3 and shall not contain information about a particular weapon 4 including the make, model, or serial number of the weapon, or 5 any ammunition used in that weapon. 6 DIVISION IV 7 PERMIT TO ACQUIRE PISTOLS OR REVOLVERS 8 Sec. 12. Section 724.11A, Code 2017, is amended to read as 9 follows: 10 724.11A Recognition. 11 A valid permit or license issued by another state to any 12 nonresident of this state shall be considered to be a valid 13 permit or license to carry weapons issued pursuant to this 14 chapter , except that such permit or license shall not be 15 considered to be a substitute for an annual a permit to acquire 16 pistols or revolvers issued pursuant to section 724.15 . 17 Sec. 13. Section 724.15, subsection 1, unnumbered paragraph 18 1, Code 2017, is amended to read as follows: 19 Any person who desires to acquire ownership of any pistol 20 or revolver shall first obtain an annual a permit. An annual 21 A permit shall be issued upon request to any resident of this 22 state unless the person is subject to any of the following: 23 Sec. 14. Section 724.15, subsection 2, unnumbered paragraph 24 1, Code 2017, is amended to read as follows: 25 Any person who acquires ownership of a pistol or revolver 26 shall not be required to obtain an annual a permit if any of the 27 following apply: 28 Sec. 15. Section 724.15, subsection 3, Code 2017, is amended 29 to read as follows: 30 3. The annual permit to acquire pistols or revolvers shall 31 authorize the permit holder to acquire one or more pistols or 32 revolvers during the period that the permit remains valid. If 33 the issuing officer determines that the applicant has become 34 disqualified under the provisions of subsection 1 , the issuing 35 -7- LSB 1396HV (3) 87 jm/rh/rj 7/ 33

H.F. 517 officer may immediately revoke the permit and shall provide 1 a written statement of the reasons for revocation, and the 2 applicant shall have the right to appeal the revocation as 3 provided in section 724.21A . 4 Sec. 16. Section 724.16, Code 2017, is amended to read as 5 follows: 6 724.16 Annual permit Permit to acquire required —— transfer 7 prohibited. 8 1. Except as otherwise provided in section 724.15, 9 subsection 2 , a person who acquires ownership of a pistol or 10 revolver without a valid annual permit to acquire pistols or 11 revolvers or a person who transfers ownership of a pistol 12 or revolver to a person who does not have in the person’s 13 possession a valid annual permit to acquire pistols or 14 revolvers is guilty of an aggravated misdemeanor. 15 2. A person who transfers ownership of a pistol or revolver 16 to a person that the transferor knows is prohibited by section 17 724.15 from acquiring ownership of a pistol or revolver commits 18 a class “D” felony. 19 Sec. 17. Section 724.17, Code 2017, is amended to read as 20 follows: 21 724.17 Application for annual permit Permit to acquire —— 22 criminal history check required . 23 1. The application for an annual a permit to acquire 24 pistols or revolvers may be made to the sheriff of the county 25 of the applicant’s residence and shall be on a form prescribed 26 and published by the commissioner of public safety. The 27 application shall require only the full name of the applicant, 28 the driver’s license or nonoperator’s identification card 29 number of the applicant, the residence of the applicant, 30 and the date and place of birth of the applicant. The 31 applicant shall also display an identification card that 32 bears a distinguishing number assigned to the cardholder, the 33 full name, date of birth, sex, residence address, and brief 34 description and color photograph of the cardholder, or other 35 -8- LSB 1396HV (3) 87 jm/rh/rj 8/ 33

H.F. 517 identification as specified by rule of the department of public 1 safety. The sheriff shall conduct a criminal history check 2 concerning each applicant by obtaining criminal history data 3 from the department of public safety which shall include an 4 inquiry of the national instant criminal background check 5 system maintained by the federal bureau of investigation or any 6 successor agency. A person who makes what the person knows 7 to be a false statement of material fact on an application 8 submitted under this section or who submits what the person 9 knows to be any materially falsified or forged documentation in 10 connection with such an application commits a class “D” felony. 11 2. An issuing officer may conduct an annual criminal 12 history check concerning a person issued a permit to acquire by 13 obtaining criminal history data from the department of public 14 safety. 15 Sec. 18. Section 724.18, Code 2017, is amended to read as 16 follows: 17 724.18 Procedure for making application for annual permit to 18 acquire. 19 A person may personally request the sheriff to mail an 20 application for an annual a permit to acquire pistols or 21 revolvers, and the sheriff shall immediately forward to 22 such person an application for an annual a permit to acquire 23 pistols or revolvers. A person shall upon completion of the 24 application personally deliver such application to the sheriff 25 who shall note the period of validity on the application and 26 shall immediately issue the annual permit to acquire pistols or 27 revolvers to the applicant. For the purposes of this section 28 the date of application shall be the date on which the sheriff 29 received the completed application. 30 Sec. 19. Section 724.19, Code 2017, is amended to read as 31 follows: 32 724.19 Issuance of annual permit to acquire. 33 The annual permit to acquire pistols or revolvers shall be 34 issued to the applicant immediately upon completion of the 35 -9- LSB 1396HV (3) 87 jm/rh/rj 9/ 33

H.F. 517 application unless the applicant is disqualified under the 1 provisions of section 724.15 and . The permit shall be on a 2 form have a uniform appearance, size, and content prescribed 3 and published by the commissioner of public safety. The permit 4 shall contain the name of the permittee , the residence of the 5 permittee, and the effective date of the permit , but shall not 6 contain the permittee’s social security number . Such a permit 7 shall not be issued for a particular pistol or revolver and 8 shall not contain information about a particular pistol or 9 revolver including the make, model, or serial number of the 10 pistol or revolver, or any ammunition used in that pistol or 11 revolver. 12 Sec. 20. Section 724.20, Code 2017, is amended to read as 13 follows: 14 724.20 Validity of annual permit to acquire pistols or 15 revolvers. 16 The permit shall be valid throughout the state and shall 17 be valid three days after the date of application and shall 18 be invalid one year five years after the date of application 19 issuance . 20 Sec. 21. Section 724.21A, subsections 1 and 7, Code 2017, 21 are amended to read as follows: 22 1. In any case where the sheriff or the commissioner of 23 public safety denies an application for or suspends or revokes 24 a permit to carry weapons or an annual a permit to acquire 25 pistols or revolvers, the sheriff or commissioner shall provide 26 a written statement of the reasons for the denial, suspension, 27 or revocation and the applicant or permit holder shall have the 28 right to appeal the denial, suspension, or revocation to an 29 administrative law judge in the department of inspections and 30 appeals within thirty days of receiving written notice of the 31 denial, suspension, or revocation. 32 7. In any case where the issuing officer denies an 33 application for, or suspends or revokes a permit to carry 34 weapons or an annual a permit to acquire pistols or revolvers 35 -10- LSB 1396HV (3) 87 jm/rh/rj 10/ 33

H.F. 517 solely because of an adverse determination by the national 1 instant criminal background check system, the applicant or 2 permit holder shall not seek relief under this section but 3 may pursue relief of the national instant criminal background 4 check system determination pursuant to Pub. L. No. 103-159, 5 sections 103(f) and (g) and 104 and 28 C.F.R. §25.10 , or other 6 applicable law. The outcome of such proceedings shall be 7 binding on the issuing officer. 8 DIVISION V 9 POSSESSION OF PISTOL OR REVOLVER BY PERSONS UNDER 14 YEARS OF 10 AGE 11 Sec. 22. Section 724.22, subsection 5, Code 2017, is amended 12 to read as follows: 13 5. a. A parent or guardian or spouse who is twenty-one 14 years of age or older, of a person fourteen years of age but 15 less than under the age of twenty-one may allow the person , 16 while under direct supervision, to possess a pistol or revolver 17 or the ammunition therefor for any lawful purpose while 18 under the direct supervision of the parent or guardian or 19 spouse who is twenty-one years of age or older , or while the 20 person receives instruction in the proper use thereof from an 21 instructor twenty-one years of age or older, with the consent 22 of such parent, guardian or spouse. 23 b. As used in this section, “direct supervision” means 24 supervision provided by the parent, guardian, or spouse who is 25 twenty-one years of age or older and who maintains visual and 26 verbal contact at all times with the supervised person. 27 Sec. 23. Section 724.22, Code 2017, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 8. A parent or guardian or spouse who is 30 twenty-one years of age or older, of a minor under the age of 31 fourteen years who allows that minor to possess a pistol or 32 revolver or the ammunition pursuant hereto, shall be strictly 33 liable to an injured party for all damages resulting from the 34 possession of the pistol or revolver or ammunition therefor by 35 -11- LSB 1396HV (3) 87 jm/rh/rj 11/ 33

H.F. 517 that minor. 1 DIVISION VI 2 RECORDS KEPT BY COMMISSIONER —— CONFIDENTIALITY 3 Sec. 24. Section 724.23, Code 2017, is amended to read as 4 follows: 5 724.23 Records kept by commissioner and issuing officers . 6 1. The commissioner of public safety shall maintain a 7 permanent record of all valid permits to carry weapons and of 8 current permit revocations. 9 2. a. Notwithstanding any other law or rule to the 10 contrary, the commissioner of public safety and any issuing 11 officer shall keep confidential personally identifiable 12 information of holders of nonprofessional permits to carry 13 weapons and permits to acquire firearms, including but not 14 limited to the name, social security number, date of birth, 15 residential or business address, and driver’s license or other 16 identification number of the applicant or permit holder. 17 b. This subsection shall not prohibit the release of 18 statistical information relating to the issuance, denial, 19 revocation, or administration of nonprofessional permits to 20 carry weapons and permits to acquire firearms, provided that 21 the release of such information does not reveal the identity of 22 any individual permit holder. 23 c. This subsection shall not prohibit the release of 24 information to any law enforcement agency or any employee or 25 agent thereof when necessary for the purpose of investigating 26 a possible violation of law and probable cause exists, or for 27 conducting a lawfully authorized background investigation. 28 d. This subsection shall not prohibit the release of 29 information relating to the validity of a professional permit 30 to carry weapons to an employer who requires an employee or an 31 agent of the employer to possess a professional permit to carry 32 weapons as part of the duties of the employee or agent. 33 e. Except as provided in paragraphs “b” , “c” , and “d” , the 34 release of any confidential information under this section 35 -12- LSB 1396HV (3) 87 jm/rh/rj 12/ 33

H.F. 517 shall require a court order or the consent of the person whose 1 personally identifiable information is the subject of the 2 information request. 3 DIVISION VII 4 STATE PREEMPTION 5 Sec. 25. Section 724.28, Code 2017, is amended to read as 6 follows: 7 724.28 Prohibition of regulation by political subdivisions. 8 1. A political subdivision of the state shall not enact an 9 ordinance regulating the ownership, possession, legal transfer, 10 lawful transportation, registration, or licensing of firearms 11 when the ownership, possession, transfer, or transportation is 12 otherwise lawful under the laws of this state. An ordinance 13 regulating firearms in violation of this section existing on or 14 after April 5, 1990, is void. 15 2. If a political subdivision, prior to, on, or after 16 July 1, 2017, adopts, makes, enacts, or amends any ordinance, 17 measure, enactment, rule, resolution, motion, or policy 18 regulating the ownership, possession, legal transfer, lawful 19 transportation, registration, or licensing of firearms when the 20 ownership, possession, transfer, transportation, registration, 21 or license is otherwise lawful under the laws of this state, a 22 person adversely affected by the ordinance, measure, enactment, 23 rule, resolution, motion, or policy may file suit in the 24 appropriate court for declarative and injunctive relief for 25 damages. A court shall award reasonable attorney’s fees and 26 costs to the prevailing plaintiff in any such suit. 27 DIVISION VIII 28 PISTOLS OR REVOLVERS —— CAPITOL BUILDINGS AND GROUNDS 29 Sec. 26. Section 8A.322, subsection 3, Code 2017, is amended 30 to read as follows: 31 3. The director shall establish, publish, and enforce rules 32 regulating and restricting the use by the public of the capitol 33 buildings and grounds and of the state laboratories facility 34 in Ankeny. The rules when established shall be posted in 35 -13- LSB 1396HV (3) 87 jm/rh/rj 13/ 33

H.F. 517 conspicuous places about the capitol buildings and grounds and 1 the state laboratories facility, as applicable. Any person 2 violating any rule, except a parking regulation, shall be 3 guilty of a simple misdemeanor. The rules shall prohibit a 4 person from openly carrying a pistol or revolver in the capitol 5 building and on the grounds surrounding the capitol building 6 including state parking lots and parking garages. However, 7 this subsection shall not be construed to allow the director 8 to prohibit the carrying, transportation, or possession of any 9 pistol or revolver in the capitol building and on the grounds 10 surrounding the capitol building including state parking lots 11 and parking garages when the carrying, transportation, or 12 possession is otherwise lawful under the laws of this state. 13 DIVISION IX 14 EMERGENCY POWERS 15 Sec. 27. Section 29C.3, subsection 4, paragraph e, Code 16 2017, is amended by striking the paragraph. 17 Sec. 28. Section 29C.6, subsection 16, Code 2017, is amended 18 to read as follows: 19 16. Suspend or limit the sale, dispensing, or 20 transportation of alcoholic beverages, firearms, explosives, 21 and combustibles. 22 Sec. 29. NEW SECTION . 29C.25 Firearms and ammunition —— 23 limitations —— exceptions —— remedies. 24 1. This chapter shall not be construed to authorize the 25 governor or any other official of this state or any of its 26 political subdivisions or any agent or person acting at the 27 direction of the governor or any such official to do any of the 28 following: 29 a. Prohibit, regulate, or curtail the otherwise lawful 30 possession, carrying, transportation, transfer, or defensive 31 use of firearms or ammunition. 32 b. Suspend or revoke, except in accordance with section 33 724.13, a permit issued pursuant to section 724.6, 724.7, or 34 724.15. 35 -14- LSB 1396HV (3) 87 jm/rh/rj 14/ 33

H.F. 517 c. Seize or confiscate firearms and ammunition possessed in 1 accordance with the laws of this state. 2 2. This section shall not prohibit any of the following: 3 a. The temporary closure or limitations on the operating 4 hours of businesses that sell firearms or ammunition if the 5 same operating restrictions apply to all businesses in the 6 affected area. 7 b. The adoption or enforcement of regulations pertaining to 8 firearms and ammunition used or carried for official purposes 9 by law enforcement officers or persons acting under the 10 authority of emergency management agencies or officials. 11 3. a. A person aggrieved by a violation of this section 12 may seek relief in an action at law or in equity or in any 13 other proper proceeding for actual damages, injunctive relief, 14 or other appropriate redress against a person who commits or 15 causes the commission of such violation. 16 b. In addition to any other remedy available at law or 17 in equity, a person aggrieved by the seizure or confiscation 18 of a firearm or ammunition in violation of this section may 19 make application pursuant to section 809.3 for its return in 20 the office of the clerk of court for the county in which the 21 property was seized. 22 c. In an action or proceeding to enforce this section, the 23 court shall award the prevailing plaintiff reasonable court 24 costs and attorney fees. 25 DIVISION X 26 JUSTIFIABLE USE OF REASONABLE AND DEADLY FORCE 27 Sec. 30. Section 704.1, Code 2017, is amended to read as 28 follows: 29 704.1 Reasonable force. 30 1. “Reasonable force” is means that force and no more which 31 a reasonable person, in like circumstances, would judge to 32 be necessary to prevent an injury or loss and can include 33 deadly force if it is reasonable to believe that such force is 34 necessary to avoid injury or risk to one’s life or safety or 35 -15- LSB 1396HV (3) 87 jm/rh/rj 15/ 33

H.F. 517 the life or safety of another, or it is reasonable to believe 1 that such force is necessary to resist a like force or threat. 2 2. Reasonable force, including deadly force, may be used 3 even if an alternative course of action is available if the 4 alternative action entails a risk to life or safety, or the 5 life or safety of a third party , or requires one to abandon or 6 retreat from one’s dwelling or place of business or employment . 7 3. A person may be wrong in the estimation of the danger or 8 the force necessary to repel the danger as long as there is a 9 reasonable basis for the belief of the person and the person 10 acts reasonably in the response to that belief. 11 4. A person who is not engaged in illegal activity has no 12 duty to retreat from any place where the person is lawfully 13 present before using force as specified in this chapter. 14 Sec. 31. Section 704.2, Code 2017, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 1A. “Deadly force” does not include a 17 threat to cause serious injury or death, by the production, 18 display, or brandishing of a deadly weapon, as long as the 19 actions of the person are limited to creating an expectation 20 that the person may use deadly force to defend oneself, 21 another, or as otherwise authorized by law. 22 Sec. 32. NEW SECTION . 704.2A Justifiable use of deadly 23 force. 24 1. For purposes of this chapter, a person is presumed to 25 reasonably believe that deadly force is necessary to avoid 26 injury or risk to one’s life or safety or the life or safety of 27 another in either of the following circumstances: 28 a. The person against whom force is used, at the time the 29 force is used, is doing any of the following: 30 (1) Unlawfully entering the dwelling, place of business 31 or employment, or occupied vehicle of the person using force 32 by force or stealth, or has unlawfully entered by force or 33 stealth and remains within the dwelling, place of business or 34 employment, or occupied vehicle of the person using force. 35 -16- LSB 1396HV (3) 87 jm/rh/rj 16/ 33

H.F. 517 (2) Unlawfully removing or is attempting to unlawfully 1 remove another person against the other person’s will from the 2 dwelling, place of business or employment, or occupied vehicle 3 of the person using force. 4 b. The person using force knows or has reason to believe 5 that any of the conditions set forth in paragraph “a” are 6 occurring. 7 2. The presumption set forth in subsection 1 does not 8 apply if, at the time force is used, any of the following 9 circumstances are present: 10 a. The person using defensive force is engaged in a 11 criminal offense, is attempting to escape from the scene of a 12 criminal offense that the person has committed, or is using the 13 dwelling, place of business or employment, or occupied vehicle 14 to further a criminal offense. 15 b. The person sought to be removed is a child or grandchild 16 or is otherwise in the lawful custody or under the lawful 17 guardianship of the person against whom force is used. 18 c. The person against whom force is used is a peace officer 19 who has entered or is attempting to enter a dwelling, place 20 of business or employment, or occupied vehicle in the lawful 21 performance of the peace officer’s official duties. 22 d. The person against whom the force is used has the right 23 to be in, or is a lawful resident of, the dwelling, place of 24 business or employment, or occupied vehicle of the person using 25 force, and a protective or no-contact order is not in effect 26 against the person against whom the force is used. 27 Sec. 33. Section 704.3, Code 2017, is amended to read as 28 follows: 29 704.3 Defense of self or another. 30 A person is justified in the use of reasonable force when 31 the person reasonably believes that such force is necessary to 32 defend oneself or another from any actual or imminent use of 33 unlawful force. 34 Sec. 34. Section 704.7, Code 2017, is amended to read as 35 -17- LSB 1396HV (3) 87 jm/rh/rj 17/ 33

H.F. 517 follows: 1 704.7 Resisting forcible violent felony. 2 1. As used in this section, “violent felony” means any 3 felonious sexual abuse involving compulsion or the use of a 4 weapon or any felonious assault, murder, kidnapping, robbery, 5 arson, or burglary. 6 2. A person who knows reasonably believes that a forcible 7 violent felony is being or will imminently be perpetrated is 8 justified in using , against the perpetrator, reasonable force, 9 including deadly force , against the perpetrator or perpetrators 10 to prevent the completion of or terminate the perpetration of 11 that felony. 12 DIVISION XI 13 FRAUDULENT PURCHASE OF FIREARMS OR AMMUNITION 14 Sec. 35. NEW SECTION . 724.29A Fraudulent purchase of 15 firearms or ammunition. 16 1. For purposes of this section: 17 a. “Ammunition” means any cartridge, shell, or projectile 18 designed for use in a firearm. 19 b. “Licensed firearms dealer” means a person who is licensed 20 pursuant to 18 U.S.C. §923 to engage in the business of dealing 21 in firearms. 22 c. “Materially false information” means information that 23 portrays an illegal transaction as legal or a legal transaction 24 as illegal. 25 d. “Private seller” means a person who sells or offers for 26 sale any firearm or ammunition. 27 2. A person who knowingly solicits, persuades, encourages, 28 or entices a licensed firearms dealer or private seller of 29 firearms or ammunition to transfer a firearm or ammunition 30 under circumstances that the person knows would violate the 31 laws of this state or of the United States commits a class “D” 32 felony. 33 3. A person who knowingly provides materially false 34 information to a licensed firearms dealer or private seller of 35 -18- LSB 1396HV (3) 87 jm/rh/rj 18/ 33