House File 385 - IntroducedA Bill ForAn Act 1concerning the carrying and possession of weapons and
2the acquiring of pistols and revolvers, providing penalties,
3and including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2CARRYING AND POSSESSING WEAPONS
3   Section 1.  Section 232.52, subsection 2, paragraph a,
4subparagraph (4), subparagraph division (a), subparagraph
5subdivision (viii), Code 2019, is amended to read as follows:
   6(viii)  Section 724.4 if the child used the knife in the
7commission of a crime on school grounds
.
8   Sec. 2.  Section 724.2A, Code 2019, is amended to read as
9follows:
   10724.2A  Peace officer — defined — reserved peace officer
11included.
   12As used in sections 724.4, 724.6, and 724.11, “peace officer”
13 includes a reserve peace officer as defined in section 80D.1A.
14   Sec. 3.  Section 724.4, Code 2019, is amended by striking the
15section and inserting in lieu thereof the following:
   16724.4  Use of knife in the commission of a crime.
   17A person who goes armed with a knife on or about the person,
18if the person uses the knife in the commission of a crime,
19commits an aggravated misdemeanor.
20   Sec. 4.  Section 724.4B, subsection 2, Code 2019, is amended
21to read as follows:
   222.  Subsection 1 does not apply to the following:
   23a.  A person listed under section 724.4, subsection 4,
24paragraphs “b” through “f” or “j”.
   25b.    a.  A person who has been specifically authorized by
26the school to go armed with, carry, or transport a firearm on
27the school grounds, including for purposes of conducting an
28instructional program regarding firearms.
   29c.    b.  A licensee under chapter 80A or an employee of
30such a licensee, while the licensee or employee is engaged in
31the performance of duties, and if the licensee or employee
32possesses a valid professional or nonprofessional permit to
33carry weapons issued pursuant to this chapter.
   34c.  A member of the armed forces of the United States or
35of the national guard or person in the service of the United
-1-1States, when the weapons are carried in connection with the
2person’s duties as such.
   3d.  A correctional officer, when the officer’s duties
4require, serving under the authority of the Iowa department of
5corrections.
   6e.  A person who for any lawful purpose carries an unloaded
7pistol, revolver, or other firearm inside a closed and fastened
8container or securely wrapped package which is too large to be
9concealed on the person.
   10f.  A person who for any lawful purpose carries or transports
11an unloaded pistol, revolver, or other firearm in a vehicle
12inside a closed and fastened container or securely wrapped
13package which is too large to be concealed on the person
14or inside a cargo or luggage compartment where the pistol,
15revolver, or other firearm will not be readily accessible to
16any person riding in the vehicle or common carrier.
   17g.  A law enforcement officer from another state when the
18officer’s duties require the officer to carry the weapon and
19the officer is in this state for any of the following reasons:
   20(1)  The extradition or other lawful removal of a prisoner
21from this state.
   22(2)  Pursuit of a suspect in compliance with chapter 806.
   23(3)  Activities in the capacity of a law enforcement officer
24with the knowledge and consent of the chief of police of the
25city or the sheriff of the county in which the activities occur
26or of the commissioner of public safety.
   27h.  A person who has in the person’s possession a valid
28permit to carry weapons issued pursuant to section 724.7 who
29remains on the portion of the grounds of the school that
30comprise its driveways, parking lots, and sidewalks while
31going armed with, carrying, or transporting a concealed pistol
32or revolver. A school shall be immune from any claim, cause
33of action, or lawsuit by a person seeking damages that are
34alleged, directly or indirectly, as a result of any concealed
35pistol or revolver brought onto the grounds of a school by a
-2-1person pursuant to this paragraph.
2   Sec. 5.  Section 724.5, Code 2019, is amended by striking the
3section and inserting in lieu thereof the following:
   4724.5  Availability of permit not to be construed as
5prohibition on unlicensed carrying of weapons.
   6The availability of a professional or nonprofessional permit
7to carry weapons under this chapter shall not be construed
8to impose a general prohibition on the unlicensed carrying,
9whether openly or concealed, of a deadly weapon, including a
10loaded firearm.
11DIVISION II
12ACQUIRING PISTOLS AND REVOLVERS AND PROHIBITED TRANSFERS
13   Sec. 6.  Section 724.15, Code 2019, is amended to read as
14follows:
   15724.15  Permit to acquire Acquiring pistols or revolvers 
16permits
.
   171.  It is the intent of this section to satisfy the federal
18requirements of 18 U.S.C.§922(t)(3) in order to acquire
19pistols or revolvers from a federally licensed firearms dealer.
20In order to acquire a pistol or revolver from a federally
21licensed firearms dealer, a person is required to have a valid
22permit to carry weapons or a valid permit to acquire pistols
23or revolvers issued in accordance with this chapter or the
24person must complete a satisfactory national instant criminal
25background check pursuant to 18 U.S.C.§922(t).
   261.   2.  a.  Any person who desires to acquire ownership of
27any pistol or revolver shall first obtain a permit.
A permit
 28to acquire ownership of any pistol or revolver shall be issued
29upon request to any resident of this state unless the person is
30subject to any of the following:
   31a.    (1)  Is less than twenty-one years of age.
   32b.    (2)  Is subject to the provisions of section 724.26.
   33c.    (3)  Is prohibited by federal law from shipping,
34transporting, possessing, or receiving a firearm.
   352.  Any person who acquires ownership of a pistol or
-3-1revolver shall not be required to obtain a permit if any of the
2following apply:
   3a.  The person transferring the pistol or revolver and the
4person acquiring the pistol or revolver are licensed firearms
5dealers under federal law.
   6b.  The pistol or revolver acquired is an antique firearm, a
7collector’s item, a device which is not designed or redesigned
8for use as a weapon, a device which is designed solely for use
9as a signaling, pyrotechnic, line-throwing, safety, or similar
10device, or a firearm which is unserviceable by reason of being
11unable to discharge a shot by means of an explosive and is
12incapable of being readily restored to a firing condition.
   13c.  The person acquiring the pistol or revolver is authorized
14to do so on behalf of a law enforcement agency.
   15d.  The person has obtained a valid permit to carry weapons,
16as provided in section 724.11.
   17e.  The person transferring the pistol or revolver and the
18person acquiring the pistol or revolver are related to one
19another within the second degree of consanguinity or affinity
20unless the person transferring the pistol or revolver knows
21that the person acquiring the pistol or revolver would be
22disqualified from obtaining a permit.
   233.    b.  The permit to acquire pistols or revolvers shall
24authorize the permit holder to acquire one or more pistols or
25revolvers during the period that the permit remains valid.
If
26the issuing officer determines that the applicant has become
27disqualified under the provisions of subsection 1 paragraph
28“a”
, the issuing officer may immediately revoke the permit
29and shall provide a written statement of the reasons for
30revocation, and the applicant shall have the right to appeal
31the revocation as provided in section 724.21A.
   324.    c.  An issuing officer who finds that a person issued
33a permit to acquire pistols or revolvers under this chapter
34has been arrested for a disqualifying offense or who is
35the subject of proceedings that could lead to the person’s
-4-1ineligibility for such permit may immediately suspend such
2permit. An issuing officer proceeding under this subsection
3shall immediately notify the permit holder of the suspension
4by personal service or certified mail on a form prescribed
5and published by the commissioner of public safety and the
6suspension shall become effective upon the permit holder’s
7receipt of such notice. If the suspension is based on an
8arrest or a proceeding that does not result in a disqualifying
9conviction or finding against the permit holder, the issuing
10officer shall immediately reinstate the permit upon receipt
11of proof of the matter’s final disposition. If the arrest
12leads to a disqualifying conviction or the proceedings to a
13disqualifying finding, the issuing officer shall revoke the
14permit. The issuing officer may also revoke the permit of a
15person whom the issuing officer later finds was not qualified
16for such a permit at the time of issuance or who the officer
17finds provided materially false information on the permit
18application. A person aggrieved by a suspension or revocation
19under this subsection may seek review of the decision pursuant
20to section 724.21A.
21   Sec. 7.  Section 724.16, Code 2019, is amended to read as
22follows:
   23724.16  Permit to acquire required — transfer prohibited
24
 Pistols and revolvers — acquiring and transferring prohibitions.
   251.  Except as otherwise provided in section 724.15,
26subsection 2, a
 A person who acquires ownership of a pistol or
27revolver without a valid permit to acquire pistols or revolvers
28or a person who transfers ownership of a pistol or revolver
29to a person who does not have in the person’s possession a
30valid permit to acquire pistols or revolvers
 from a federally
31licensed firearms dealer in violation of section 724.15,
32subsection 1,
is guilty of an aggravated misdemeanor.
   332.  A person who transfers Prior to transferring ownership
34of a pistol or revolver to a person that the transferor knows
35is prohibited by section 724.15 from acquiring ownership of
-5-1a pistol or revolver
, the transferor shall verify that the
2transferee has passed a background check with the national
3instant criminal background check system maintained by the
4federal bureau of investigation or any successor agency. A
5person who transfers ownership of a pistol or revolver in
6violation of this subsection
commits a class “D” felony. This
7subsection shall not apply to any of the following:

   8a.  The person transferring the pistol or revolver and the
9person acquiring the pistol or revolver are related to one
10another within the second degree of consanguinity or affinity.
   11b.  The person transferring the pistol or revolver and the
12person acquiring the pistol or revolver are licensed firearms
13dealers under federal law.
   14c.  The pistol or revolver acquired is an antique firearm, a
15collector’s item, a device which is not designed or redesigned
16for use as a weapon, a device which is designed solely for use
17as a signaling pyrotechnic, line-throwing, safety, or similar
18device, or a firearm which is unserviceable by reason of being
19unable to discharge a shot by means of an explosive and is
20incapable of being readily restored to a firing condition.
   21d.  The person acquiring the pistol or revolver is authorized
22to do so on behalf of a law enforcement agency.
   23e.  The person acquiring the pistol or revolver has obtained
24a valid permit to carry weapons, pursuant to section 724.11
25or a valid permit to acquire pistols or revolvers pursuant to
26section 724.15, subsection 2, paragraph “a”.
27   Sec. 8.  Section 724.21, Code 2019, is amended to read as
28follows:
   29724.21  Giving false information when acquiring pistol or
30revolver.
   31A person who gives a false name or presents false
32identification, or otherwise knowingly gives false material
33information to one from whom the person seeks to acquire a
34pistol or revolver, commits a class “D” “C” felony.
35   Sec. 9.  Section 724.27, subsection 1, unnumbered paragraph
-6-11, Code 2019, is amended to read as follows:
   2The provisions of section 724.8, section 724.15, subsection
31 2, paragraph “a”, and section 724.26 shall not apply to
4a person who is eligible to have the person’s civil rights
5regarding firearms restored under section 914.7 if any of the
6following occur:
7DIVISION III
8EFFECTIVE DATE
9   Sec. 10.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed
10of immediate importance, takes effect upon enactment.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
   14This bill relates to the carrying and possession of weapons
15and the acquiring of pistols and revolvers.
   16DIVISION I — CARRYING AND POSSESSING WEAPONS. The bill
17strikes Code section 724.4 relating to the crime of carrying
18dangerous weapons, an aggravated misdemeanor, without a valid
19permit or in other enumerated circumstances. Instead, the
20bill amends the crime of going armed with a knife in the
21commission of a crime, an aggravated misdemeanor. The bill
22amends Code section 232.52(2), by allowing a juvenile court to
23enter a dispositional order suspending or revoking a child’s
24driver’s license or operating privilege where the child commits
25a delinquent act in violation of Code section 724.4 and the
26commission of the delinquent act is on school grounds. The
27bill also makes conforming changes to Code section 724.4B,
28relating to the carrying of weapons on school grounds, by
29specifically identifying certain categories of persons who
30are authorized to carry weapons on school grounds that were
31previously identified by reference to Code section 724.4(4),
32paragraphs “b” through “f” or “j,” however, the bill modifies
33paragraphs “e” and “f” by referring to an unloaded pistol,
34revolver, or other firearm.
   35The bill adds a new category of persons who are authorized
-7-1to carry certain weapons on school grounds. The bill provides
2that a person does not commit the criminal offense of carrying
3firearms on school grounds in violation of Code section
4724.4B if the person goes armed with, carries, or transports a
5concealed pistol or revolver and possesses a valid permit to
6carry weapons while remaining on the portion of the grounds
7that comprise the driveways, parking lots, and sidewalks of a
8school. The bill also provides that a school is immune from
9any claim, cause of action, or lawsuit seeking damages alleged
10as a result of a concealed pistol or revolver brought onto the
11grounds of the school by a person possessing a valid permit to
12carry weapons who remains on the portion of the grounds that
13comprise the driveways, parking lots, and sidewalks of the
14school.
   15The bill strikes Code section 724.5 relating to a person’s
16duty to carry a valid permit to carry certain weapons for
17which a permit has been issued to the person and replaces that
18Code section with a provision stating that the availability
19of a professional or nonprofessional permit to carry weapons
20shall not be construed to impose a general prohibition on the
21unlicensed carrying of a deadly weapon including a loaded
22firearm.
   23DIVISION II — ACQUIRING PISTOLS AND REVOLVERS AND
24PROHIBITED TRANSFERS. Code section 724.15 currently provides
25that any person who intends to purchase a pistol or revolver
26is required to first obtain a permit to acquire pistols or
27revolvers unless the person is otherwise exempt from obtaining
28such a permit. The bill strikes this requirement and provides
29that a person may still apply and obtain a permit to acquire
30ownership of pistols or revolvers. The bill also provides
31that to acquire a pistol or revolver from a federally licensed
32firearms dealer, a person is required to have a valid permit to
33carry weapons or a valid permit to acquire pistols or revolvers
34issued in accordance with Code chapter 724, or the person must
35complete a satisfactory national instant criminal background
-8-1check pursuant to 18 U.S.C.§922(t)(3).
   2The bill provides that a person who acquires ownership of a
3pistol or revolver from a federally licensed firearms dealer
4in violation of Code section 724.15 is guilty of an aggravated
5misdemeanor. The bill amends Code section 724.16(2) by
6providing that if, prior to any person transferring ownership
7of a pistol or revolver to another person, the transferor fails
8to verify that the transferee has passed a background check
9with the national instant criminal background check system, the
10transferor commits a class “D” felony. The background check
11required pursuant to Code section 724.16 does not apply if the
12transferor and transferee are related to one another within the
13second degree of consanguinity or affinity; the transferor and
14transferee are licensed firearms dealers under federal law; the
15pistol or revolver is an antique firearm, collector’s item, not
16designed for use as a weapon, or unserviceable; the transferee
17acquiring the pistol or revolver is authorized on behalf of a
18law enforcement agency; or the transferee has obtained a valid
19permit to carry weapons or a valid permit to acquire pistols
20or revolvers.
   21The bill amends Code section 724.21 by increasing the
22penalty for a person who gives a false name or presents false
23identification or who otherwise knowingly gives false material
24information to one from whom the person seeks to acquire a
25pistol or revolver from a class “D” felony to a class “C”
26felony.
   27The bill provides a conforming change to Code section 724.27
28(offenders’ rights restored).
   29As referenced in the bill, an aggravated misdemeanor is
30punishable by confinement for no more than two years and a fine
31of at least $625 but not more than $6,250, a class “D” felony
32is punishable by confinement for no more than five years and a
33fine of at least $750 but not more than $7,500, and a class “C”
34felony is punishable by confinement for no more than 10 years
35and a fine of at least $1,000 but not more than $10,000.
-9-
   1The bill takes effect upon enactment.
-10-
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