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