Print
House File 343 - IntroducedA Bill ForAn Act 1relating to the carrying of weapons including on the
2grounds of a school, community college, or university, and
3providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2CARRYING AND POSSESSING WEAPONS INCLUDING ON SCHOOL DISTRICT
3PROPERTY
4 Section 1. Section 232.52, subsection 2, paragraph a,
5subparagraph (4), subparagraph division (a), subparagraph
6subdivision (viii), Code 2021, is amended to read as follows:
7(viii) Section 724.4, if the child used the knife in the
8commission of a crime on school grounds.
9 Sec. 2. Section 724.2A, Code 2021, is amended to read as
10follows:
11724.2A Peace officer — defined — reserved peace officer
12included.
13As used in sections 724.4, 724.6, and 724.11, “peace officer”
14 includes a reserve peace officer as defined in section 80D.1A.
15 Sec. 3. Section 724.4, Code 2021, is amended by striking the
16section and inserting in lieu thereof the following:
17724.4 Use of a knife in the commission of a crime.
18A person who goes armed with a knife on or about the person,
19and who uses the knife in the commission of a crime, commits an
20aggravated misdemeanor.
21 Sec. 4. Section 724.4B, Code 2021, is amended by striking
22the section and inserting in lieu thereof the following:
23724.4B Carrying dangerous weapons on school grounds —
24penalty — exceptions.
251. A person who goes armed with, carries, or transports
26a dangerous weapon of any kind, whether concealed or not, on
27the grounds of a school commits a class “D” felony. For the
28purposes of this section, “school” means a public or nonpublic
29school as defined in section 280.2.
302. Subsection 1 does not apply to the following:
31a. A person who has been specifically authorized by the
32school to go armed with, carry, or transport a dangerous weapon
33on the school grounds for any lawful purpose.
34b. A peace officer, when the officer’s duties require the
35person to carry a dangerous weapon.
-1- 1c. A member of the armed forces of the United States or
2of the national guard or person in the service of the United
3States, when the dangerous weapon is carried in connection with
4the person’s duties as such.
5d. A correctional officer, when the officer’s duties require
6the officer to carry a dangerous weapon, serving under the
7authority of the Iowa department of corrections.
8e. A person who for any lawful purpose carries an unloaded
9pistol, revolver, or other dangerous weapon inside a closed
10and fastened container or securely wrapped package that is too
11large to be concealed on the person.
12f. A person who for any lawful purpose carries or transports
13an unloaded pistol or revolver in a vehicle or common carrier
14inside a closed and fastened container or securely wrapped
15package that is too large to be concealed on the person or
16carries or transports an unloaded pistol or revolver inside a
17cargo or luggage compartment where the pistol or revolver will
18not be readily accessible to any person riding in the vehicle
19or common carrier.
20g. A law enforcement officer from another state when the
21officer’s duties require the officer to carry a dangerous
22weapon and the officer is in this state for any of the
23following reasons:
24(1) The extradition or other lawful removal of a prisoner
25from this state.
26(2) Pursuit of a suspect in compliance with chapter 806.
27(3) Activities in the capacity of a law enforcement officer
28with the knowledge and consent of the chief of police of the
29city or the sheriff of the county in which the activities occur
30or of the commissioner of public safety.
31h. A person who is on the portion of school district
32property that comprises its driveways, parking lots, and
33sidewalks while going armed with, carrying, or transporting a
34concealed pistol or revolver. A school shall be immune from
35any claim, cause of action, or lawsuit by a person seeking
-2-1damages that are alleged, directly or indirectly, as a result
2of any concealed pistol or revolver brought onto the school
3district property by a person pursuant to this paragraph. This
4paragraph shall not apply to a school governed by the board of
5regents pursuant to section 262.7.
6 Sec. 5. Section 724.5, Code 2021, is amended by striking the
7section and inserting in lieu thereof the following:
8724.5 Availability of permit not to be construed as
9prohibition on unlicensed carrying of weapons.
10The availability of a professional or nonprofessional permit
11to carry weapons under this chapter shall not be construed
12to impose a general prohibition on the unlicensed carrying,
13whether openly or concealed, of a dangerous weapon, including
14a loaded firearm.
15DIVISION II
16CONCEALED CARRY ON COLLEGES AND UNIVERSITIES
17 Sec. 6. NEW SECTION. 260C.14B Limitation on authority —
18dangerous weapons — carrying weapons.
19The board of directors of a community college shall comply
20with the requirements of section 724.8B regarding policies and
21rules relating to the carrying, transportation, or possession
22of dangerous weapons in the buildings or on the grounds of the
23community college.
24 Sec. 7. NEW SECTION. 262.9E Limitation on authority —
25dangerous weapons — carrying weapons.
26The state board of regents shall comply with the
27requirements of section 724.8B regarding policies and rules
28relating to the carrying, transportation, or possession of
29dangerous weapons in the buildings or on the grounds of a
30university under the control of the state board of regents.
31 Sec. 8. Section 602.8105, Code 2021, is amended by adding
32the following new subsection:
33 NEW SUBSECTION. 5. The clerk of the district court shall
34collect a civil penalty assessed under section 724.8B. Any
35moneys collected from the civil penalty shall be deposited into
-3-1the general fund of the state.
2 Sec. 9. NEW SECTION. 724.8B Limitation on authority —
3dangerous weapons — public universities and community colleges.
41. The governing board of a university under the control
5of the state board of regents as provided in chapter 262,
6or a community college under the jurisdiction of a board
7of directors for a merged area as provided in chapter 260C
8shall not adopt or enforce any policy or rule that prohibits
9the carrying, transportation, or possession of any dangerous
10weapon, as defined in section 702.7, in the buildings or on the
11grounds of such a college or university.
122. a. A governing board found to be in violation of
13subsection 1 shall be assessed a civil penalty of between two
14thousand five hundred dollars and five thousand dollars and
15shall be ordered to pay the plaintiff’s reasonable attorney
16fees and court costs.
17b. The requirements of this section may be enforced by the
18state or through a private cause of action.
19c. The civil penalty shall be collected by the clerk of the
20district court and shall be deposited as provided in section
21602.8105, subsection 5.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill relates to the carrying of weapons including on
26school grounds or in the buildings or on the grounds of a
27community college or university.
28DIVISION I — CARRYING AND POSSESSING WEAPONS INCLUDING
29ON SCHOOL DISTRICT PROPERTY. The bill amends Code section
30724.4 by striking the current penalty for carrying dangerous
31weapons. Instead, the bill amends the current crime of going
32armed with a knife in the commission of a crime, an aggravated
33misdemeanor, to provide that a person who goes armed with a
34knife on or about the person, or who used the knife in the
35commission of a crime, commits an aggravated misdemeanor.
-4-1An aggravated misdemeanor is punishable by confinement for
2no more than two years and a fine of at least $855 but not
3more than $8,540. The bill makes a conforming change to Code
4section 232.52(2) relating to the suspension or revocation of
5a juvenile’s driver’s license or operating privilege and a
6conforming change to Code section 724.2A due to the strike of
7Code section 724.4 in the bill. The bill also makes a change
8to Code section 724.4B, relating to the carrying of weapons on
9school grounds, to specifically include certain categories of
10persons who are authorized to carry weapons on school grounds.
11The bill provides that a person may go armed with, carry,
12or transport a concealed pistol or revolver on school district
13property that comprises its driveways, parking lots, and
14sidewalks. The bill provides that a school shall be immune
15from any claim, cause of action, or lawsuit by a person seeking
16damages that are alleged, directly or indirectly, as a result
17of a concealed pistol or revolver brought onto school district
18property by a person pursuant to the bill. The bill does not
19apply to a school governed by the board of regents pursuant to
20Code section 262.7.
21A person who goes armed with, carries, or transports a
22firearm on the grounds of a school in violation of Code section
23724.4B commits a class “D” felony. A class “D” felony, as
24referenced in the bill, is punishable by confinement for no
25more than five years and a fine of at least $1,025 but not more
26than $10,245.
27The bill strikes Code section 724.5 relating to a person’s
28duty to carry a valid permit to carry certain weapons for
29which a permit has been issued to the person and replaces that
30Code section with language providing that the availability
31of a professional or nonprofessional permit to carry weapons
32shall not be construed to impose a general prohibition on
33the unlicensed carrying, whether openly or concealed, of a
34dangerous weapon, including a loaded firearm.
35A dangerous weapon is any instrument or device designed
-5-1primarily for use in inflicting death or injury upon a human
2being or animal, and that is capable of inflicting death upon a
3human being when used in the manner for which it was designed,
4except a bow and arrow when possessed and used for hunting
5or any other lawful purpose. Additionally, any instrument
6or device of any sort whatsoever that is actually used in
7such a manner as to indicate that the defendant intends to
8inflict death or serious injury upon the other, and that, when
9so used, is capable of inflicting death upon a human being,
10is a dangerous weapon. Dangerous weapons include but are
11not limited to any offensive weapon, pistol, revolver, other
12firearm, dagger, razor, stiletto, switchblade knife, knife
13having a blade exceeding five inches in length, or any portable
14device or weapon directing an electric current, impulse,
15wave, or beam that produces a high-voltage pulse designed to
16immobilize a person.
17DIVISION II — CONCEALED CARRY ON COLLEGES AND UNIVERSITIES.
18The bill provides that the governing board of a university
19under the control of the state board of regents as provided in
20Code chapter 262 or a community college under the jurisdiction
21of a board of directors for a merged area as provided in Code
22chapter 260C shall not adopt or enforce any policy or rule that
23prohibits the carrying, transportation, or possession of any
24dangerous weapon in the buildings or on the grounds of such a
25college or university.
26The bill provides that a governing board found to be in
27violation of the bill shall be assessed a civil penalty
28of between $2,500 and $5,000 and shall pay the plaintiff’s
29reasonable attorney fees and court costs. The bill may be
30enforced by the state or through a private cause of action.
31The bill specifies that the civil penalty shall be deposited
32into the general fund of the state.
-6-js/rh
2grounds of a school, community college, or university, and
3providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2CARRYING AND POSSESSING WEAPONS INCLUDING ON SCHOOL DISTRICT
3PROPERTY
4 Section 1. Section 232.52, subsection 2, paragraph a,
5subparagraph (4), subparagraph division (a), subparagraph
6subdivision (viii), Code 2021, is amended to read as follows:
7(viii) Section 724.4, if the child used the knife in the
8commission of a crime on school grounds.
9 Sec. 2. Section 724.2A, Code 2021, is amended to read as
10follows:
11724.2A Peace officer — defined — reserved peace officer
12included.
13As used in sections 724.4, 724.6, and 724.11, “peace officer”
14 includes a reserve peace officer as defined in section 80D.1A.
15 Sec. 3. Section 724.4, Code 2021, is amended by striking the
16section and inserting in lieu thereof the following:
17724.4 Use of a knife in the commission of a crime.
18A person who goes armed with a knife on or about the person,
19and who uses the knife in the commission of a crime, commits an
20aggravated misdemeanor.
21 Sec. 4. Section 724.4B, Code 2021, is amended by striking
22the section and inserting in lieu thereof the following:
23724.4B Carrying dangerous weapons on school grounds —
24penalty — exceptions.
251. A person who goes armed with, carries, or transports
26a dangerous weapon of any kind, whether concealed or not, on
27the grounds of a school commits a class “D” felony. For the
28purposes of this section, “school” means a public or nonpublic
29school as defined in section 280.2.
302. Subsection 1 does not apply to the following:
31a. A person who has been specifically authorized by the
32school to go armed with, carry, or transport a dangerous weapon
33on the school grounds for any lawful purpose.
34b. A peace officer, when the officer’s duties require the
35person to carry a dangerous weapon.
-1- 1c. A member of the armed forces of the United States or
2of the national guard or person in the service of the United
3States, when the dangerous weapon is carried in connection with
4the person’s duties as such.
5d. A correctional officer, when the officer’s duties require
6the officer to carry a dangerous weapon, serving under the
7authority of the Iowa department of corrections.
8e. A person who for any lawful purpose carries an unloaded
9pistol, revolver, or other dangerous weapon inside a closed
10and fastened container or securely wrapped package that is too
11large to be concealed on the person.
12f. A person who for any lawful purpose carries or transports
13an unloaded pistol or revolver in a vehicle or common carrier
14inside a closed and fastened container or securely wrapped
15package that is too large to be concealed on the person or
16carries or transports an unloaded pistol or revolver inside a
17cargo or luggage compartment where the pistol or revolver will
18not be readily accessible to any person riding in the vehicle
19or common carrier.
20g. A law enforcement officer from another state when the
21officer’s duties require the officer to carry a dangerous
22weapon and the officer is in this state for any of the
23following reasons:
24(1) The extradition or other lawful removal of a prisoner
25from this state.
26(2) Pursuit of a suspect in compliance with chapter 806.
27(3) Activities in the capacity of a law enforcement officer
28with the knowledge and consent of the chief of police of the
29city or the sheriff of the county in which the activities occur
30or of the commissioner of public safety.
31h. A person who is on the portion of school district
32property that comprises its driveways, parking lots, and
33sidewalks while going armed with, carrying, or transporting a
34concealed pistol or revolver. A school shall be immune from
35any claim, cause of action, or lawsuit by a person seeking
-2-1damages that are alleged, directly or indirectly, as a result
2of any concealed pistol or revolver brought onto the school
3district property by a person pursuant to this paragraph. This
4paragraph shall not apply to a school governed by the board of
5regents pursuant to section 262.7.
6 Sec. 5. Section 724.5, Code 2021, is amended by striking the
7section and inserting in lieu thereof the following:
8724.5 Availability of permit not to be construed as
9prohibition on unlicensed carrying of weapons.
10The availability of a professional or nonprofessional permit
11to carry weapons under this chapter shall not be construed
12to impose a general prohibition on the unlicensed carrying,
13whether openly or concealed, of a dangerous weapon, including
14a loaded firearm.
15DIVISION II
16CONCEALED CARRY ON COLLEGES AND UNIVERSITIES
17 Sec. 6. NEW SECTION. 260C.14B Limitation on authority —
18dangerous weapons — carrying weapons.
19The board of directors of a community college shall comply
20with the requirements of section 724.8B regarding policies and
21rules relating to the carrying, transportation, or possession
22of dangerous weapons in the buildings or on the grounds of the
23community college.
24 Sec. 7. NEW SECTION. 262.9E Limitation on authority —
25dangerous weapons — carrying weapons.
26The state board of regents shall comply with the
27requirements of section 724.8B regarding policies and rules
28relating to the carrying, transportation, or possession of
29dangerous weapons in the buildings or on the grounds of a
30university under the control of the state board of regents.
31 Sec. 8. Section 602.8105, Code 2021, is amended by adding
32the following new subsection:
33 NEW SUBSECTION. 5. The clerk of the district court shall
34collect a civil penalty assessed under section 724.8B. Any
35moneys collected from the civil penalty shall be deposited into
-3-1the general fund of the state.
2 Sec. 9. NEW SECTION. 724.8B Limitation on authority —
3dangerous weapons — public universities and community colleges.
41. The governing board of a university under the control
5of the state board of regents as provided in chapter 262,
6or a community college under the jurisdiction of a board
7of directors for a merged area as provided in chapter 260C
8shall not adopt or enforce any policy or rule that prohibits
9the carrying, transportation, or possession of any dangerous
10weapon, as defined in section 702.7, in the buildings or on the
11grounds of such a college or university.
122. a. A governing board found to be in violation of
13subsection 1 shall be assessed a civil penalty of between two
14thousand five hundred dollars and five thousand dollars and
15shall be ordered to pay the plaintiff’s reasonable attorney
16fees and court costs.
17b. The requirements of this section may be enforced by the
18state or through a private cause of action.
19c. The civil penalty shall be collected by the clerk of the
20district court and shall be deposited as provided in section
21602.8105, subsection 5.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill relates to the carrying of weapons including on
26school grounds or in the buildings or on the grounds of a
27community college or university.
28DIVISION I — CARRYING AND POSSESSING WEAPONS INCLUDING
29ON SCHOOL DISTRICT PROPERTY. The bill amends Code section
30724.4 by striking the current penalty for carrying dangerous
31weapons. Instead, the bill amends the current crime of going
32armed with a knife in the commission of a crime, an aggravated
33misdemeanor, to provide that a person who goes armed with a
34knife on or about the person, or who used the knife in the
35commission of a crime, commits an aggravated misdemeanor.
-4-1An aggravated misdemeanor is punishable by confinement for
2no more than two years and a fine of at least $855 but not
3more than $8,540. The bill makes a conforming change to Code
4section 232.52(2) relating to the suspension or revocation of
5a juvenile’s driver’s license or operating privilege and a
6conforming change to Code section 724.2A due to the strike of
7Code section 724.4 in the bill. The bill also makes a change
8to Code section 724.4B, relating to the carrying of weapons on
9school grounds, to specifically include certain categories of
10persons who are authorized to carry weapons on school grounds.
11The bill provides that a person may go armed with, carry,
12or transport a concealed pistol or revolver on school district
13property that comprises its driveways, parking lots, and
14sidewalks. The bill provides that a school shall be immune
15from any claim, cause of action, or lawsuit by a person seeking
16damages that are alleged, directly or indirectly, as a result
17of a concealed pistol or revolver brought onto school district
18property by a person pursuant to the bill. The bill does not
19apply to a school governed by the board of regents pursuant to
20Code section 262.7.
21A person who goes armed with, carries, or transports a
22firearm on the grounds of a school in violation of Code section
23724.4B commits a class “D” felony. A class “D” felony, as
24referenced in the bill, is punishable by confinement for no
25more than five years and a fine of at least $1,025 but not more
26than $10,245.
27The bill strikes Code section 724.5 relating to a person’s
28duty to carry a valid permit to carry certain weapons for
29which a permit has been issued to the person and replaces that
30Code section with language providing that the availability
31of a professional or nonprofessional permit to carry weapons
32shall not be construed to impose a general prohibition on
33the unlicensed carrying, whether openly or concealed, of a
34dangerous weapon, including a loaded firearm.
35A dangerous weapon is any instrument or device designed
-5-1primarily for use in inflicting death or injury upon a human
2being or animal, and that is capable of inflicting death upon a
3human being when used in the manner for which it was designed,
4except a bow and arrow when possessed and used for hunting
5or any other lawful purpose. Additionally, any instrument
6or device of any sort whatsoever that is actually used in
7such a manner as to indicate that the defendant intends to
8inflict death or serious injury upon the other, and that, when
9so used, is capable of inflicting death upon a human being,
10is a dangerous weapon. Dangerous weapons include but are
11not limited to any offensive weapon, pistol, revolver, other
12firearm, dagger, razor, stiletto, switchblade knife, knife
13having a blade exceeding five inches in length, or any portable
14device or weapon directing an electric current, impulse,
15wave, or beam that produces a high-voltage pulse designed to
16immobilize a person.
17DIVISION II — CONCEALED CARRY ON COLLEGES AND UNIVERSITIES.
18The bill provides that the governing board of a university
19under the control of the state board of regents as provided in
20Code chapter 262 or a community college under the jurisdiction
21of a board of directors for a merged area as provided in Code
22chapter 260C shall not adopt or enforce any policy or rule that
23prohibits the carrying, transportation, or possession of any
24dangerous weapon in the buildings or on the grounds of such a
25college or university.
26The bill provides that a governing board found to be in
27violation of the bill shall be assessed a civil penalty
28of between $2,500 and $5,000 and shall pay the plaintiff’s
29reasonable attorney fees and court costs. The bill may be
30enforced by the state or through a private cause of action.
31The bill specifies that the civil penalty shall be deposited
32into the general fund of the state.
-6-js/rh