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House File 377 - IntroducedA Bill ForAn Act 1relating to the intentional and unintentional discharge
2of a firearm in a reckless manner, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 724.8, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 7. Is subject to the relinquishment of
4the person’s firearms, offensive weapons, and ammunition
5pursuant to section 724.30, subsection 3, paragraph “b”,
6subparagraph (2), or section 724.30, subsection 3, paragraph
7“c”, subparagraph (2).
8 Sec. 2. Section 724.9, subsection 1, unnumbered paragraph
91, Code 2019, is amended to read as follows:
10An applicant for an initial permit to carry weapons, or a
11person subject to section 724.30, subsection 3, paragraph “a”,
12subparagraph 2, shall demonstrate knowledge of firearm safety
13by any of the following means:
14 Sec. 3. Section 724.27, subsection 1, unnumbered paragraph
151, Code 2019, is amended to read as follows:
16The provisions of section 724.8, section 724.15, subsection
171, and section 724.26, section 724.30, subsection 3, paragraph
18“b”, subparagraph (2), and section 724.30, subsection 3,
19paragraph “c”, subparagraph (2), shall not apply to a person
20who is eligible to have the person’s civil rights regarding
21firearms restored under section 914.7 if any of the following
22occur:
23 Sec. 4. Section 724.30, Code 2019, is amended to read as
24follows:
25724.30 Reckless use of a firearm.
261. A person who intentionally discharges a firearm in a
27reckless manner commits the following:
281. a. A class “C” felony if a serious injury occurs.
292. b. A class “D” felony if a bodily injury which is not a
30serious injury occurs.
313. c. An aggravated misdemeanor if property damage occurs
32without a serious injury or bodily injury occurring.
334. d. A simple misdemeanor if no injury to a person or
34damage to property occurs.
352. A person who unintentionally discharges a firearm in a
-1-1reckless manner commits the following:
2a. A class “D” felony if a serious injury occurs.
3b. An aggravated misdemeanor if a bodily injury which is not
4a serious injury occurs.
5c. A serious misdemeanor if property damage occurs without a
6serious injury or bodily injury.
7d. A simple misdemeanor if no injury to a person or damage
8to property occurs.
93. a. In addition to the penalty imposed under subsection
101 or 2, a first offense violation of subsection 1 or 2 is
11punishable by all the following:
12(1) If applicable, payment of a victim’s pecuniary damages
13pursuant to section 910.2, as part of the person’s plan of
14restitution.
15(2) If applicable, a person shall not be allowed to hold a
16permit to carry weapons under this chapter unless the person
17provides documentation that the person has completed training,
18a training course, or an education program demonstrating the
19person’s knowledge of firearm safety, as provided in section
20724.9, subsection 1, and completed subsequent to the person’s
21violation of subsection 1 or 2.
22b. In addition to the penalty imposed under subsection
231 or 2, a second offense violation of subsection 1 or 2 is
24punishable by all the following:
25(1) If applicable, payment of a victim’s pecuniary damages
26pursuant to section 910.2, as part of the person’s plan of
27restitution.
28(2) Relinquishment of the person’s firearms, offensive
29weapons, and ammunition for a period of five years.
30(3) Revocation of the person’s permit to carry weapons
31issued pursuant to this chapter.
32c. In addition to the penalty imposed under subsection 1 or
332, a third or subsequent offense violation of subsection 1 or 2
34is punishable by all the following:
35(1) If applicable, payment of a victim’s pecuniary damages
-2-1pursuant to section 910.2, as part of the person’s plan of
2restitution.
3(2) Permanent relinquishment of the person’s firearms,
4offensive weapons, and ammunition.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8Code section 724.30 provides criminal penalties for a
9person convicted of intentionally discharging a firearm in a
10reckless manner, ranging from a simple misdemeanor to a class
11“C” felony. This bill creates the new criminal offense of the
12unintentional discharge of a firearm in a reckless manner, and
13provides criminal penalties ranging from a simple misdemeanor
14to a class “D” felony. An unintentional discharge of a firearm
15in a reckless manner is a class “D” felony if a serious injury
16occurs; an aggravated misdemeanor if a bodily injury which is
17not a serious injury occurs; a serious misdemeanor if property
18damage occurs without a serious injury or bodily injury
19occurring; and a simple misdemeanor if no injury to a person
20or damage to property occurs.
21A class “D” felony is punishable by confinement for no more
22than five years and a fine of at least $750 but not more than
23$7,500. An aggravated misdemeanor is punishable by confinement
24for no more than two years and a fine of at least $625 but
25not more than $6,250. A serious misdemeanor is punishable
26by confinement for no more than one year and a fine of at
27least $315 but not more than $1,875. A simple misdemeanor is
28punishable by confinement for no more than 30 days or a fine of
29at least $65 but not more than $625 or by both.
30The bill provides additional penalties for a first, second,
31and third or subsequent offense for both the intentional and
32unintentional discharge of a firearm in a reckless manner.
33For a first offense, the person is responsible for a victim’s
34pecuniary damages, if any, and the person shall not be allowed
35to hold a permit to carry weapons unless the person provides
-3-1current documentation that the person has completed training,
2a training course, or an education program, as provided in
3Code section 724.9(1), demonstrating the person’s knowledge
4of firearm safety, completed subsequent to the person’s
5violation of either offense. For a second offense, the person
6is responsible for a victim’s pecuniary damages, if any; the
7person must relinquish all of the person’s firearms, offensive
8weapons, and ammunition for a period of five years; and the
9person’s permit to carry weapons is revoked. For a third or
10subsequent offense, the person is responsible for a victim’s
11pecuniary damages, if any, and the person must permanently
12relinquish all of the person’s firearms, offensive weapons, and
13ammunition.
14The bill also makes conforming changes to Code sections
15724.8 (persons ineligible for permit to carry weapons),
16724.9 (firearm safety training), and 724.27 (restoration of
17offenders’ rights).
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2of a firearm in a reckless manner, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 724.8, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 7. Is subject to the relinquishment of
4the person’s firearms, offensive weapons, and ammunition
5pursuant to section 724.30, subsection 3, paragraph “b”,
6subparagraph (2), or section 724.30, subsection 3, paragraph
7“c”, subparagraph (2).
8 Sec. 2. Section 724.9, subsection 1, unnumbered paragraph
91, Code 2019, is amended to read as follows:
10An applicant for an initial permit to carry weapons, or a
11person subject to section 724.30, subsection 3, paragraph “a”,
12subparagraph 2, shall demonstrate knowledge of firearm safety
13by any of the following means:
14 Sec. 3. Section 724.27, subsection 1, unnumbered paragraph
151, Code 2019, is amended to read as follows:
16The provisions of section 724.8, section 724.15, subsection
171, and section 724.26, section 724.30, subsection 3, paragraph
18“b”, subparagraph (2), and section 724.30, subsection 3,
19paragraph “c”, subparagraph (2), shall not apply to a person
20who is eligible to have the person’s civil rights regarding
21firearms restored under section 914.7 if any of the following
22occur:
23 Sec. 4. Section 724.30, Code 2019, is amended to read as
24follows:
25724.30 Reckless use of a firearm.
261. A person who intentionally discharges a firearm in a
27reckless manner commits the following:
281. a. A class “C” felony if a serious injury occurs.
292. b. A class “D” felony if a bodily injury which is not a
30serious injury occurs.
313. c. An aggravated misdemeanor if property damage occurs
32without a serious injury or bodily injury occurring.
334. d. A simple misdemeanor if no injury to a person or
34damage to property occurs.
352. A person who unintentionally discharges a firearm in a
-1-1reckless manner commits the following:
2a. A class “D” felony if a serious injury occurs.
3b. An aggravated misdemeanor if a bodily injury which is not
4a serious injury occurs.
5c. A serious misdemeanor if property damage occurs without a
6serious injury or bodily injury.
7d. A simple misdemeanor if no injury to a person or damage
8to property occurs.
93. a. In addition to the penalty imposed under subsection
101 or 2, a first offense violation of subsection 1 or 2 is
11punishable by all the following:
12(1) If applicable, payment of a victim’s pecuniary damages
13pursuant to section 910.2, as part of the person’s plan of
14restitution.
15(2) If applicable, a person shall not be allowed to hold a
16permit to carry weapons under this chapter unless the person
17provides documentation that the person has completed training,
18a training course, or an education program demonstrating the
19person’s knowledge of firearm safety, as provided in section
20724.9, subsection 1, and completed subsequent to the person’s
21violation of subsection 1 or 2.
22b. In addition to the penalty imposed under subsection
231 or 2, a second offense violation of subsection 1 or 2 is
24punishable by all the following:
25(1) If applicable, payment of a victim’s pecuniary damages
26pursuant to section 910.2, as part of the person’s plan of
27restitution.
28(2) Relinquishment of the person’s firearms, offensive
29weapons, and ammunition for a period of five years.
30(3) Revocation of the person’s permit to carry weapons
31issued pursuant to this chapter.
32c. In addition to the penalty imposed under subsection 1 or
332, a third or subsequent offense violation of subsection 1 or 2
34is punishable by all the following:
35(1) If applicable, payment of a victim’s pecuniary damages
-2-1pursuant to section 910.2, as part of the person’s plan of
2restitution.
3(2) Permanent relinquishment of the person’s firearms,
4offensive weapons, and ammunition.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8Code section 724.30 provides criminal penalties for a
9person convicted of intentionally discharging a firearm in a
10reckless manner, ranging from a simple misdemeanor to a class
11“C” felony. This bill creates the new criminal offense of the
12unintentional discharge of a firearm in a reckless manner, and
13provides criminal penalties ranging from a simple misdemeanor
14to a class “D” felony. An unintentional discharge of a firearm
15in a reckless manner is a class “D” felony if a serious injury
16occurs; an aggravated misdemeanor if a bodily injury which is
17not a serious injury occurs; a serious misdemeanor if property
18damage occurs without a serious injury or bodily injury
19occurring; and a simple misdemeanor if no injury to a person
20or damage to property occurs.
21A class “D” felony is punishable by confinement for no more
22than five years and a fine of at least $750 but not more than
23$7,500. An aggravated misdemeanor is punishable by confinement
24for no more than two years and a fine of at least $625 but
25not more than $6,250. A serious misdemeanor is punishable
26by confinement for no more than one year and a fine of at
27least $315 but not more than $1,875. A simple misdemeanor is
28punishable by confinement for no more than 30 days or a fine of
29at least $65 but not more than $625 or by both.
30The bill provides additional penalties for a first, second,
31and third or subsequent offense for both the intentional and
32unintentional discharge of a firearm in a reckless manner.
33For a first offense, the person is responsible for a victim’s
34pecuniary damages, if any, and the person shall not be allowed
35to hold a permit to carry weapons unless the person provides
-3-1current documentation that the person has completed training,
2a training course, or an education program, as provided in
3Code section 724.9(1), demonstrating the person’s knowledge
4of firearm safety, completed subsequent to the person’s
5violation of either offense. For a second offense, the person
6is responsible for a victim’s pecuniary damages, if any; the
7person must relinquish all of the person’s firearms, offensive
8weapons, and ammunition for a period of five years; and the
9person’s permit to carry weapons is revoked. For a third or
10subsequent offense, the person is responsible for a victim’s
11pecuniary damages, if any, and the person must permanently
12relinquish all of the person’s firearms, offensive weapons, and
13ammunition.
14The bill also makes conforming changes to Code sections
15724.8 (persons ineligible for permit to carry weapons),
16724.9 (firearm safety training), and 724.27 (restoration of
17offenders’ rights).
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