House File 517 - Reprinted HOUSE FILE 517 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 133) (As Amended and Passed by the House March 7, 2017 ) 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 HF 517 (4) 87 jm/rh/rj/md

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. For purposes of this section, “short-barreled rifle” or 7 “short-barreled shotgun” means the same as defined in 18 U.S.C. 8 §921. 9 2. A person shall not knowingly possess a short-barreled 10 rifle or short-barreled shotgun in violation of federal law. 11 3. A person who possesses a short-barreled rifle or 12 short-barreled shotgun in violation of subsection 1 commits a 13 class “D” felony. 14 DIVISION II 15 CARRYING WEAPONS AND POSSESSION OF WEAPONS 16 Sec. 3. Section 232.52, subsection 2, paragraph a, 17 subparagraph (4), subparagraph division (a), subparagraph 18 subdivision (viii), Code 2017, is amended to read as follows: 19 (viii) Section 724.4 , if the child carried the dangerous 20 weapon on school grounds or 724.4B . 21 Sec. 4. Section 708.8, Code 2017, is amended to read as 22 follows: 23 708.8 Going armed with intent. 24 A person who goes armed with any dangerous weapon with the 25 intent to use without justification such weapon against the 26 person of another commits a class “D” felony. The intent 27 required for a violation of this section shall not be inferred 28 from the mere carrying or concealment of any dangerous weapon 29 itself, including the carrying of a loaded firearm, whether in 30 a vehicle or on or about a person’s body. 31 Sec. 5. Section 724.4B, subsection 2, Code 2017, is amended 32 by adding the following new paragraph: 33 NEW PARAGRAPH . c. A private investigator or private 34 security officer who possesses a valid license pursuant to 35 -1- HF 517 (4) 87 jm/rh/rj/md 1/ 22

H.F. 517 chapter 80A, while engaged in the performance of duties as 1 a private investigator or private security officer, if the 2 private investigator or private security officer possesses a 3 valid professional or nonprofessional permit to carry weapons 4 issued pursuant to this chapter. 5 Sec. 6. Section 724.4C, Code 2017, is amended to read as 6 follows: 7 724.4C Possession or carrying of firearms dangerous weapons 8 while under the influence. 9 1. A permit issued under this chapter is invalid if the 10 Except as provided in subsection 2, a person to whom the permit 11 is issued is commits a serious misdemeanor if the person 12 is intoxicated as provided under the conditions set out in 13 section 321J.2, subsection 1 . , and the person does any of the 14 following: 15 a. Carries a dangerous weapon on or about the person. 16 b. Carries a dangerous weapon within the person’s immediate 17 access or reach while in a vehicle. 18 2. This section shall not apply to any of the following: 19 a. A person who carries or possesses a dangerous weapon 20 while in the person’s own dwelling, place of business, or on 21 land owned or lawfully possessed by the person. 22 b. The transitory possession or use of a dangerous weapon 23 during an act of justified self-defense or justified defense of 24 another, provided that the possession lasts no longer than is 25 immediately necessary to resolve the emergency. 26 Sec. 7. Section 724.5, Code 2017, is amended to read as 27 follows: 28 724.5 Duty to carry permit to carry weapons. 29 1. A person armed with a revolver, pistol, or pocket billy 30 concealed upon the person shall have in the person’s immediate 31 possession the permit provided for in section 724.4, subsection 32 4 , paragraph “i” , and shall produce the permit for inspection at 33 the request of a peace officer. Failure to so produce a permit 34 is a simple misdemeanor. 35 -2- HF 517 (4) 87 jm/rh/rj/md 2/ 22

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

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

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

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

H.F. 517 published by the commissioner of public safety. The permit 1 shall contain the name of the permittee and the effective date 2 of the permit, but shall not contain the permittee’s social 3 security number. The permit shall also include a designation 4 that the permit is invalid when the permittee is intoxicated. 5 Such a permit shall not be issued for a particular weapon 6 and shall not contain information about a particular weapon 7 including the make, model, or serial number of the weapon, or 8 any ammunition used in that weapon. 9 Sec. 12. Section 724.21A, Code 2017, is amended by adding 10 the following new subsection: 11 NEW SUBSECTION . 8. If an applicant or permit holder 12 appeals the decision by the sheriff or commissioner to deny an 13 application, or suspend or revoke a permit to carry weapons or 14 a permit to acquire firearms, and it is later determined the 15 applicant or permit holder is eligible to be issued or possess 16 such a permit, the applicant or permit holder shall be awarded 17 court costs and reasonable attorney fees. If the decision 18 of the sheriff or commissioner to deny the application, or 19 suspend or revoke the permit is upheld on appeal, the political 20 subdivision of the state representing the sheriff or the 21 commissioner shall be awarded court costs and reasonable 22 attorney fees. 23 DIVISION IV 24 PERMIT TO ACQUIRE PISTOLS OR REVOLVERS 25 Sec. 13. Section 724.11A, Code 2017, is amended to read as 26 follows: 27 724.11A Recognition. 28 A valid permit or license issued by another state to any 29 nonresident of this state shall be considered to be a valid 30 permit or license to carry weapons issued pursuant to this 31 chapter , except that such permit or license shall not be 32 considered to be a substitute for an annual a permit to acquire 33 pistols or revolvers issued pursuant to section 724.15 . 34 Sec. 14. Section 724.15, subsection 1, unnumbered paragraph 35 -7- HF 517 (4) 87 jm/rh/rj/md 7/ 22

H.F. 517 1, Code 2017, is amended to read as follows: 1 Any person who desires to acquire ownership of any pistol 2 or revolver shall first obtain an annual a permit. An annual 3 A permit shall be issued upon request to any resident of this 4 state unless the person is subject to any of the following: 5 Sec. 15. Section 724.15, subsection 2, unnumbered paragraph 6 1, Code 2017, is amended to read as follows: 7 Any person who acquires ownership of a pistol or revolver 8 shall not be required to obtain an annual a permit if any of the 9 following apply: 10 Sec. 16. Section 724.15, subsection 3, Code 2017, is amended 11 to read as follows: 12 3. The annual permit to acquire pistols or revolvers shall 13 authorize the permit holder to acquire one or more pistols or 14 revolvers during the period that the permit remains valid. If 15 the issuing officer determines that the applicant has become 16 disqualified under the provisions of subsection 1 , the issuing 17 officer may immediately revoke the permit and shall provide 18 a written statement of the reasons for revocation, and the 19 applicant shall have the right to appeal the revocation as 20 provided in section 724.21A . 21 Sec. 17. Section 724.16, Code 2017, is amended to read as 22 follows: 23 724.16 Annual permit Permit to acquire required —— transfer 24 prohibited. 25 1. Except as otherwise provided in section 724.15, 26 subsection 2 , a person who acquires ownership of a pistol or 27 revolver without a valid annual permit to acquire pistols or 28 revolvers or a person who transfers ownership of a pistol 29 or revolver to a person who does not have in the person’s 30 possession a valid annual permit to acquire pistols or 31 revolvers is guilty of an aggravated misdemeanor. 32 2. A person who transfers ownership of a pistol or revolver 33 to a person that the transferor knows is prohibited by section 34 724.15 from acquiring ownership of a pistol or revolver commits 35 -8- HF 517 (4) 87 jm/rh/rj/md 8/ 22

H.F. 517 a class “D” felony. 1 Sec. 18. Section 724.17, Code 2017, is amended to read as 2 follows: 3 724.17 Application for annual permit Permit to acquire —— 4 criminal history check required . 5 1. The application for an annual a permit to acquire 6 pistols or revolvers may be made to the sheriff of the county 7 of the applicant’s residence and shall be on a form prescribed 8 and published by the commissioner of public safety. The 9 application shall require only the full name of the applicant, 10 the driver’s license or nonoperator’s identification card 11 number of the applicant, the residence of the applicant, 12 and the date and place of birth of the applicant. The 13 applicant shall also display an identification card that 14 bears a distinguishing number assigned to the cardholder, the 15 full name, date of birth, sex, residence address, and brief 16 description and color photograph of the cardholder, or other 17 identification as specified by rule of the department of public 18 safety. The sheriff shall conduct a criminal history check 19 concerning each applicant by obtaining criminal history data 20 from the department of public safety which shall include an 21 inquiry of the national instant criminal background check 22 system maintained by the federal bureau of investigation or any 23 successor agency. A person who makes what the person knows 24 to be a false statement of material fact on an application 25 submitted under this section or who submits what the person 26 knows to be any materially falsified or forged documentation in 27 connection with such an application commits a class “D” felony. 28 2. An issuing officer may conduct an annual criminal 29 history check concerning a person issued a permit to acquire by 30 obtaining criminal history data from the department of public 31 safety. 32 Sec. 19. Section 724.18, Code 2017, is amended to read as 33 follows: 34 724.18 Procedure for making application for annual permit to 35 -9- HF 517 (4) 87 jm/rh/rj/md 9/ 22

H.F. 517 acquire. 1 A person may personally request the sheriff to mail an 2 application for an annual a permit to acquire pistols or 3 revolvers, and the sheriff shall immediately forward to 4 such person an application for an annual a permit to acquire 5 pistols or revolvers. A person shall upon completion of the 6 application personally deliver such application to the sheriff 7 who shall note the period of validity on the application and 8 shall immediately issue the annual permit to acquire pistols or 9 revolvers to the applicant. For the purposes of this section 10 the date of application shall be the date on which the sheriff 11 received the completed application. 12 Sec. 20. Section 724.19, Code 2017, is amended to read as 13 follows: 14 724.19 Issuance of annual permit to acquire. 15 The annual permit to acquire pistols or revolvers shall be 16 issued to the applicant immediately upon completion of the 17 application unless the applicant is disqualified under the 18 provisions of section 724.15 and . The permit shall be on a 19 form have a uniform appearance, size, and content prescribed 20 and published by the commissioner of public safety. The permit 21 shall contain the name of the permittee , the residence of the 22 permittee, and the effective date of the permit , but shall not 23 contain the permittee’s social security number . Such a permit 24 shall not be issued for a particular pistol or revolver and 25 shall not contain information about a particular pistol or 26 revolver including the make, model, or serial number of the 27 pistol or revolver, or any ammunition used in that pistol or 28 revolver. 29 Sec. 21. Section 724.20, Code 2017, is amended to read as 30 follows: 31 724.20 Validity of annual permit to acquire pistols or 32 revolvers. 33 The permit shall be valid throughout the state and shall 34 be valid three days after the date of application and shall 35 -10- HF 517 (4) 87 jm/rh/rj/md 10/ 22

H.F. 517 be invalid one year five years after the date of application 1 issuance . 2 Sec. 22. Section 724.21A, subsections 1 and 7, Code 2017, 3 are amended to read as follows: 4 1. In any case where the sheriff or the commissioner of 5 public safety denies an application for or suspends or revokes 6 a permit to carry weapons or an annual a permit to acquire 7 pistols or revolvers, the sheriff or commissioner shall provide 8 a written statement of the reasons for the denial, suspension, 9 or revocation and the applicant or permit holder shall have the 10 right to appeal the denial, suspension, or revocation to an 11 administrative law judge in the department of inspections and 12 appeals within thirty days of receiving written notice of the 13 denial, suspension, or revocation. 14 7. In any case where the issuing officer denies an 15 application for, or suspends or revokes a permit to carry 16 weapons or an annual a permit to acquire pistols or revolvers 17 solely because of an adverse determination by the national 18 instant criminal background check system, the applicant or 19 permit holder shall not seek relief under this section but 20 may pursue relief of the national instant criminal background 21 check system determination pursuant to Pub. L. No. 103-159, 22 sections 103(f) and (g) and 104 and 28 C.F.R. §25.10 , or other 23 applicable law. The outcome of such proceedings shall be 24 binding on the issuing officer. 25 DIVISION V 26 POSSESSION OF PISTOL OR REVOLVER BY PERSONS UNDER 14 YEARS OF 27 AGE 28 Sec. 23. Section 724.22, subsection 5, Code 2017, is amended 29 to read as follows: 30 5. a. A parent or guardian or spouse who is twenty-one 31 years of age or older, of a person fourteen years of age but 32 less than under the age of twenty-one may allow the person , 33 while under direct supervision, to possess a pistol or revolver 34 or the ammunition therefor for any lawful purpose while 35 -11- HF 517 (4) 87 jm/rh/rj/md 11/ 22

H.F. 517 under the direct supervision of the parent or guardian or 1 spouse who is twenty-one years of age or older , or while the 2 person receives instruction in the proper use thereof from an 3 instructor twenty-one years of age or older, with the consent 4 of such parent, guardian or spouse. 5 b. As used in this section, “direct supervision” means 6 supervision provided by the parent, guardian, or spouse who is 7 twenty-one years of age or older and who maintains a physical 8 presence near the supervised person conducive to hands-on 9 instruction, and who maintains visual and verbal contact at all 10 times with the supervised person. 11 Sec. 24. Section 724.22, Code 2017, is amended by adding the 12 following new subsection: 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 pursuant hereto, shall be strictly 17 liable to an injured party for all damages resulting from the 18 possession of the pistol or revolver or ammunition therefor by 19 that minor. 20 DIVISION VI 21 RECORDS KEPT BY COMMISSIONER —— CONFIDENTIALITY 22 Sec. 25. Section 724.23, Code 2017, is amended to read as 23 follows: 24 724.23 Records kept by commissioner and issuing officers . 25 1. The commissioner of public safety shall maintain a 26 permanent record of all valid permits to carry weapons and of 27 current permit revocations. 28 2. a. Notwithstanding any other law or rule to the 29 contrary, the commissioner of public safety and any issuing 30 officer shall keep confidential personally identifiable 31 information of holders of nonprofessional permits to carry 32 weapons and permits to acquire firearms, including but not 33 limited to the name, social security number, date of birth, 34 residential or business address, and driver’s license or other 35 -12- HF 517 (4) 87 jm/rh/rj/md 12/ 22

H.F. 517 identification number of the applicant or permit holder. 1 b. This subsection shall not prohibit the release of 2 statistical information relating to the issuance, denial, 3 revocation, or administration of nonprofessional permits to 4 carry weapons and permits to acquire firearms, provided that 5 the release of such information does not reveal the identity of 6 any individual permit holder. 7 c. This subsection shall not prohibit the release of 8 information to any law enforcement agency or any employee or 9 agent thereof when necessary for the purpose of investigating 10 a possible violation of law and probable cause exists, or for 11 conducting a lawfully authorized background investigation. 12 d. This subsection shall not prohibit the release of 13 information relating to the validity of a professional permit 14 to carry weapons to an employer who requires an employee or an 15 agent of the employer to possess a professional permit to carry 16 weapons as part of the duties of the employee or agent. 17 e. Except as provided in paragraphs “b” , “c” , and “d” , the 18 release of any confidential information under this section 19 shall require a court order or the consent of the person whose 20 personally identifiable information is the subject of the 21 information request. 22 DIVISION VII 23 STATE PREEMPTION 24 Sec. 26. Section 724.28, Code 2017, is amended to read as 25 follows: 26 724.28 Prohibition of regulation by political subdivisions. 27 1. As used in this section, “political subdivision of the 28 state” means a city, county, or township. 29 2. A political subdivision of the state shall not enact an 30 ordinance regulating the ownership, possession, legal transfer, 31 lawful transportation, registration, or licensing of firearms 32 when the ownership, possession, transfer, or transportation is 33 otherwise lawful under the laws of this state. An ordinance 34 regulating firearms in violation of this section existing on or 35 -13- HF 517 (4) 87 jm/rh/rj/md 13/ 22

H.F. 517 after April 5, 1990, is void. 1 3. If a political subdivision of the state, prior to, on, 2 or after July 1, 2017, adopts, makes, enacts, or amends any 3 ordinance, measure, enactment, rule, resolution, motion, or 4 policy regulating the ownership, possession, legal transfer, 5 lawful transportation, registration, or licensing of firearms 6 when the ownership, possession, transfer, transportation, 7 registration, or license is otherwise lawful under the laws 8 of this state, a person adversely affected by the ordinance, 9 measure, enactment, rule, resolution, motion, or policy 10 may file suit in the appropriate court for declarative and 11 injunctive relief for damages. A court shall award reasonable 12 attorney’s fees and costs to the prevailing plaintiff in any 13 such suit. 14 DIVISION VIII 15 PISTOLS OR REVOLVERS —— CAPITOL BUILDINGS AND GROUNDS 16 Sec. 27. Section 8A.322, subsection 3, Code 2017, is amended 17 to read as follows: 18 3. The director shall establish, publish, and enforce rules 19 regulating and restricting the use by the public of the capitol 20 buildings and grounds and of the state laboratories facility 21 in Ankeny. The rules when established shall be posted in 22 conspicuous places about the capitol buildings and grounds and 23 the state laboratories facility, as applicable. Any person 24 violating any rule, except a parking regulation, shall be 25 guilty of a simple misdemeanor. The rules shall prohibit a 26 person from openly carrying a pistol or revolver in the capitol 27 building and on the grounds surrounding the capitol building 28 including state parking lots and parking garages. However, 29 this subsection shall not be construed to allow the director 30 to prohibit the carrying, transportation, or possession of any 31 pistol or revolver in the capitol building and on the grounds 32 surrounding the capitol building including state parking lots 33 and parking garages when the carrying, transportation, or 34 possession is otherwise lawful under the laws of this state. 35 -14- HF 517 (4) 87 jm/rh/rj/md 14/ 22

H.F. 517 DIVISION IX 1 EMERGENCY POWERS 2 Sec. 28. Section 29C.3, subsection 4, paragraph e, Code 3 2017, is amended by striking the paragraph. 4 Sec. 29. Section 29C.6, subsection 16, Code 2017, is amended 5 to read as follows: 6 16. Suspend or limit the sale, dispensing, or 7 transportation of alcoholic beverages, firearms, explosives, 8 and combustibles. 9 Sec. 30. NEW SECTION . 29C.25 Firearms and ammunition —— 10 limitations —— exceptions —— remedies. 11 1. This chapter shall not be construed to authorize the 12 governor or any other official of this state or any of its 13 political subdivisions or any agent or person acting at the 14 direction of the governor or any such official to do any of the 15 following: 16 a. Prohibit, regulate, or curtail the otherwise lawful 17 possession, carrying, transportation, transfer, or defensive 18 use of firearms or ammunition. 19 b. Suspend or revoke, except in accordance with section 20 724.13, a permit issued pursuant to section 724.6, 724.7, or 21 724.15. 22 c. Seize or confiscate firearms and ammunition possessed in 23 accordance with the laws of this state. 24 2. This section shall not prohibit any of the following: 25 a. The temporary closure or limitations on the operating 26 hours of businesses that sell firearms or ammunition if the 27 same operating restrictions apply to all businesses in the 28 affected area. 29 b. The adoption or enforcement of regulations pertaining to 30 firearms and ammunition used or carried for official purposes 31 by law enforcement officers or persons acting under the 32 authority of emergency management agencies or officials. 33 3. a. A person aggrieved by a violation of this section 34 may seek relief in an action at law or in equity or in any 35 -15- HF 517 (4) 87 jm/rh/rj/md 15/ 22

H.F. 517 other proper proceeding for actual damages, injunctive relief, 1 or other appropriate redress against a person who commits or 2 causes the commission of such violation. 3 b. In addition to any other remedy available at law or 4 in equity, a person aggrieved by the seizure or confiscation 5 of a firearm or ammunition in violation of this section may 6 make application pursuant to section 809.3 for its return in 7 the office of the clerk of court for the county in which the 8 property was seized. 9 c. In an action or proceeding to enforce this section, the 10 court shall award the prevailing plaintiff reasonable court 11 costs and attorney fees. 12 DIVISION X 13 JUSTIFIABLE USE OF REASONABLE AND DEADLY FORCE 14 Sec. 31. Section 704.1, Code 2017, is amended to read as 15 follows: 16 704.1 Reasonable force. 17 1. “Reasonable force” is means that force and no more which 18 a reasonable person, in like circumstances, would judge to 19 be necessary to prevent an injury or loss and can include 20 deadly force if it is reasonable to believe that such force is 21 necessary to avoid injury or risk to one’s life or safety or 22 the life or safety of another, or it is reasonable to believe 23 that such force is necessary to resist a like force or threat. 24 2. Reasonable force, including deadly force, may be used 25 even if an alternative course of action is available if the 26 alternative action entails a risk to life or safety, or the 27 life or safety of a third party , or requires one to abandon or 28 retreat from one’s dwelling or place of business or employment . 29 3. A person may be wrong in the estimation of the danger or 30 the force necessary to repel the danger as long as there is a 31 reasonable basis for the belief of the person and the person 32 acts reasonably in the response to that belief. 33 4. A person who is not engaged in illegal activity has no 34 duty to retreat from any place where the person is lawfully 35 -16- HF 517 (4) 87 jm/rh/rj/md 16/ 22

H.F. 517 present before using force as specified in this chapter. 1 Sec. 32. Section 704.2, Code 2017, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 1A. “Deadly force” does not include a 4 threat to cause serious injury or death, by the production, 5 display, or brandishing of a deadly weapon, as long as the 6 actions of the person are limited to creating an expectation 7 that the person may use deadly force to defend oneself, 8 another, or as otherwise authorized by law. 9 Sec. 33. NEW SECTION . 704.2A Justifiable use of deadly 10 force. 11 1. For purposes of this chapter, a person is presumed to 12 reasonably believe that deadly force is necessary to avoid 13 injury or risk to one’s life or safety or the life or safety of 14 another in either of the following circumstances: 15 a. The person against whom force is used, at the time the 16 force is used, is doing any of the following: 17 (1) Unlawfully entering the dwelling, place of business 18 or employment, or occupied vehicle of the person using force 19 by force or stealth, or has unlawfully entered by force or 20 stealth and remains within the dwelling, place of business or 21 employment, or occupied vehicle of the person using force. 22 (2) Unlawfully removing or is attempting to unlawfully 23 remove another person against the other person’s will from the 24 dwelling, place of business or employment, or occupied vehicle 25 of the person using force. 26 b. The person using force knows or has reason to believe 27 that any of the conditions set forth in paragraph “a” are 28 occurring. 29 2. The presumption set forth in subsection 1 does not 30 apply if, at the time force is used, any of the following 31 circumstances are present: 32 a. The person using defensive force is engaged in a 33 criminal offense, is attempting to escape from the scene of a 34 criminal offense that the person has committed, or is using the 35 -17- HF 517 (4) 87 jm/rh/rj/md 17/ 22

H.F. 517 dwelling, place of business or employment, or occupied vehicle 1 to further a criminal offense. 2 b. The person sought to be removed is a child or grandchild 3 or is otherwise in the lawful custody or under the lawful 4 guardianship of the person against whom force is used. 5 c. The person against whom force is used is a peace officer 6 who has entered or is attempting to enter a dwelling, place 7 of business or employment, or occupied vehicle in the lawful 8 performance of the peace officer’s official duties. 9 d. The person against whom the force is used has the right 10 to be in, or is a lawful resident of, the dwelling, place of 11 business or employment, or occupied vehicle of the person using 12 force, and a protective or no-contact order is not in effect 13 against the person against whom the force is used. 14 Sec. 34. Section 704.3, Code 2017, is amended to read as 15 follows: 16 704.3 Defense of self or another. 17 A person is justified in the use of reasonable force when 18 the person reasonably believes that such force is necessary to 19 defend oneself or another from any actual or imminent use of 20 unlawful force. 21 Sec. 35. Section 704.7, Code 2017, is amended to read as 22 follows: 23 704.7 Resisting forcible felony. 24 A person who knows reasonably believes that a forcible felony 25 is being or will imminently be perpetrated is justified in 26 using , against the perpetrator, reasonable force, including 27 deadly force , against the perpetrator or perpetrators to 28 prevent the completion of or terminate the perpetration of that 29 felony. 30 Sec. 36. NEW SECTION . 704.13 Immunity. 31 A person who is justified in using reasonable force against 32 an aggressor in defense of oneself, another person, or property 33 is immune from criminal or civil liability for all damages 34 incurred by the aggressor pursuant to the application of 35 -18- HF 517 (4) 87 jm/rh/rj/md 18/ 22