House File 259 - Introduced HOUSE FILE 259 BY WINDSCHITL A BILL FOR An Act relating to the carrying, possession, or transportation 1 of weapons on school grounds, at places of employment, 2 at certain entertainment venues owned or operated by a 3 political subdivision, and in county courthouses. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1147YH (10) 88 mo/rh
H.F. 259 Section 1. Section 724.4B, subsection 2, Code 2019, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . d. A person who has in the person’s 3 possession a valid permit to carry weapons issued pursuant 4 to section 724.7 and remains on the portion of the grounds 5 of the school that comprise its driveways, parking lots, and 6 sidewalks while going armed with, carrying, or transporting a 7 concealed pistol or revolver. A school shall be immune from 8 any claim, cause of action, or lawsuit by a person seeking 9 damages that are alleged, directly or indirectly, as a result 10 of any concealed pistol or revolver brought onto the grounds of 11 a school by a person pursuant to this paragraph. 12 Sec. 2. NEW SECTION . 724.4D Limitation on employers —— 13 firearms and ammunition. 14 1. For purposes of this section, “employee” includes a 15 contract employee or volunteer. 16 2. An employer shall not prohibit an employee from carrying, 17 transporting, or possessing a firearm or ammunition, if the 18 firearm and ammunition are out of sight and inside the locked 19 motor vehicle of the employee on the real property comprising 20 the employee’s place of employment, and if the carrying, 21 transportation, or possession of the firearm or ammunition is 22 otherwise lawful under the laws of this state. 23 3. An employer, owner, or lawful possessor of the property 24 on which the employer is located shall be immune from any 25 claim, cause of action, or lawsuit brought by any person 26 seeking damages that are alleged, directly or indirectly, as a 27 result of any firearm or ammunition brought onto the property 28 of the employer, owner, or lawful possessor by an employee 29 pursuant to this section. 30 Sec. 3. Section 724.28, subsections 2 and 3, Code 2019, are 31 amended to read as follows: 32 2. A political subdivision of the state shall not enact 33 an ordinance regulating the ownership, possession, legal 34 transfer, lawful transportation, modification, registration, or 35 -1- LSB 1147YH (10) 88 mo/rh 1/ 5
H.F. 259 licensing of firearms , firearms attachments, or other weapons 1 when the ownership, possession, transfer, or transportation , or 2 modification is otherwise lawful under the laws of this state. 3 An ordinance regulating firearms , firearms attachments, or 4 other weapons in violation of this section existing on or after 5 April 5, 1990, is void. 6 3. If a political subdivision of the state, prior to, 7 on, or after July 1, 2017 2019 , adopts, makes, enacts, or 8 amends any ordinance, measure, enactment, rule, resolution, 9 motion, or policy regulating the ownership, possession, legal 10 transfer, lawful transportation, modification, registration, or 11 licensing of firearms , firearms attachments, or other weapons 12 when the ownership, possession, transfer, transportation, 13 modification, registration, or license licensing of firearms, 14 firearms attachments, or other weapons is otherwise lawful 15 under the laws of this state, a person adversely affected by 16 the ordinance, measure, enactment, rule, resolution, motion, or 17 policy may file suit in the appropriate court for declaratory 18 and injunctive relief for damages and all damages, including 19 punitive damages, attributable to the violation. A court 20 shall also award the prevailing plaintiff in any such lawsuit 21 reasonable attorney fees and litigation costs . 22 Sec. 4. Section 724.28, Code 2019, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 4. A political subdivision of the state 25 may prohibit the carrying, possession, or transportation 26 of firearms, firearms attachments, or other weapons at 27 an entertainment venue owned or operated by the political 28 subdivision if such prohibition is contractually required by a 29 performer, speaker, lecturer, or event sponsor as a condition 30 of their performance, speech, lecture, or event at the 31 entertainment venue and if provisions are made at the venue to 32 screen attendees for firearms, firearms attachments, or other 33 weapons and to provide armed security personnel. For purposes 34 of this subsection, “entertainment venue” includes but is not 35 -2- LSB 1147YH (10) 88 mo/rh 2/ 5
H.F. 259 limited to concert halls, auditoriums, theaters, sports arenas, 1 and other facilities primarily used for stage performances, 2 musical performances, lectures, speeches, sporting events, and 3 other similar presentations. 4 Sec. 5. NEW SECTION . 724.32 County courthouse —— weapon 5 prohibitions. 6 A supreme court or judicial branch order prohibiting a 7 person from carrying, possessing, or transporting a weapon in 8 a county courthouse or other joint-use public facility, other 9 than in a courtroom or court office, shall be unenforceable, if 10 the carrying, possession, or transportation of such a weapon is 11 otherwise lawful under the laws of this state. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to the carrying, possession, or 16 transportation of weapons on school grounds, at places of 17 employment, at certain entertainment venues owned or operated 18 by a political subdivision, and in county courthouses. 19 Current law provides that a person who goes armed with, 20 carries, or transports a firearm of any kind, whether concealed 21 or not, on the grounds of a school (public or nonpublic) 22 commits the criminal offense of carrying firearms on school 23 grounds, except under certain circumstances. Carrying firearms 24 on school grounds in violation of Code section 724.4B is a 25 class “D” felony. Under the bill, a person does not commit 26 the criminal offense of carrying firearms on school grounds 27 in violation of Code section 724.4B if the person possesses a 28 valid permit to carry weapons while remaining on the portion 29 of the grounds that comprise the driveways, parking lots, and 30 sidewalks of a school while going armed with, carrying, or 31 transporting a concealed pistol or revolver. The bill also 32 provides that a school is immune from any claim, cause of 33 action, or lawsuit seeking damages alleged as a result of a 34 concealed pistol or revolver brought onto the grounds of the 35 -3- LSB 1147YH (10) 88 mo/rh 3/ 5
H.F. 259 school by a person possessing a valid permit to carry weapons 1 who remains on the portion of the grounds that comprise the 2 driveways, parking lots, and sidewalks of the school. 3 The bill prohibits an employer from prohibiting an employee 4 from carrying, possessing, or transporting a firearm or 5 ammunition on the real property comprising the employee’s place 6 of employment if the firearm or ammunition is out of sight 7 and inside the locked motor vehicle of the employee and if 8 the carrying, transportation, or possession of the firearm or 9 ammunition is otherwise lawful under the laws of this state. 10 The bill defines “employee” to include a contract employee or 11 volunteer. The bill also provides that an employer, owner, 12 or lawful possessor of the property on which the employer is 13 located is immune from any claim, cause of action, or lawsuit 14 seeking damages alleged as a result of any firearm brought onto 15 the property of the employer, owner, or lawful possessor on 16 which the employer is located by an employee. 17 Current law provides that a political subdivision shall not 18 enact, adopt, make, or amend any ordinance, measure, enactment, 19 rule, resolution, motion, or policy that regulates the 20 ownership, possession, legal transfer, lawful transportation, 21 registration, or licensing of firearms when the ownership, 22 possession, transfer, transportation, registration, or license 23 is otherwise lawful, and that a person adversely affected 24 by such an ordinance, measure, enactment, rule, resolution, 25 motion, or policy may file suit in the appropriate court for 26 declaratory and injunctive relief for damages. The bill 27 extends this prohibition to modifications and further provides 28 that the prohibition applies to firearm attachments and other 29 weapons. The bill provides that a person adversely affected 30 may also file a lawsuit for damages, including punitive 31 damages, attributable to the violation and, if successful, a 32 court shall also award the person adversely affected reasonable 33 attorney fees and litigation costs. 34 The bill provides an exception to the prohibition of 35 -4- LSB 1147YH (10) 88 mo/rh 4/ 5
H.F. 259 firearms, firearms attachments, and other weapons regulated 1 by a political subdivision of this state if the regulation 2 concerns an entertainment venue owned or operated by a 3 political subdivision and if the regulation is requested by a 4 performer, speaker, lecturer, or event sponsor as a condition 5 of their performance, speech, lecture, or event at the 6 entertainment venue and if provisions are made at the venue to 7 screen attendees for firearms, firearms attachments, and other 8 weapons and to provide armed security personnel. The bill 9 defines “entertainment venue” to include but not be limited 10 to concert halls, auditoriums, theaters, sports arenas, and 11 other facilities primarily used for stage performances, musical 12 performances, lectures, speeches, sporting events, and other 13 similar presentations. 14 The bill provides that a supreme court or judicial branch 15 order that prohibits a person from carrying, possessing, or 16 transporting a weapon in a county courthouse or other joint-use 17 public facility, other than in a courtroom or a court office, 18 shall be unenforceable as long as the carrying, possession, or 19 transportation of such a weapon is otherwise lawful under the 20 laws of this state. 21 -5- LSB 1147YH (10) 88 mo/rh 5/ 5