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House File 756 - ReprintedA Bill ForAn Act 1relating to the acquisition and possession of weapons
2and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2ACQUIRING PISTOLS AND REVOLVERS
3 Section 1. Section 724.11A, Code 2021, is amended to read
4as follows:
5724.11A Recognition.
6A valid permit or license issued by another state to any
7nonresident of this state shall be considered to be a valid
8permit or license to carry weapons issued pursuant to this
9chapter, except that such permit or license shall not be
10considered to be a substitute for a permit to acquire pistols
11or revolvers issued pursuant to section 724.15 deemed to
12satisfy the requirements of section 724.15.
13 Sec. 2. Section 724.15, Code 2021, is amended by striking
14the section and inserting in lieu thereof the following:
15724.15 Acquiring pistols or revolvers.
161. It is the intent of this section to satisfy federal
17requirements of 18 U.S.C.§922(t)(3) in order to acquire
18pistols or revolvers. In order to acquire a pistol or revolver
19from a federally licensed firearms dealer, an unlicensed person
20is required to have a valid permit to acquire or a valid permit
21to carry weapons issued in accordance with this chapter or the
22person must complete a satisfactory national instant criminal
23background check pursuant to 18 U.S.C.§922(t).
242. A person shall not acquire a pistol or revolver if the
25person is any of the following:
26a. Under twenty-one years of age except for those persons
27included in section 724.22, subsection 4, who acquire a pistol
28or revolver when the person’s duty so requires.
29b. Prohibited by section 724.26 or federal law from
30possessing, shipping, transporting, or receiving a firearm.
31c. Prohibited by court order from possessing, shipping,
32transporting, or receiving a firearm.
33d. Ineligible to possess dangerous weapons pursuant to
34section 724.8B.
35e. Intoxicated as provided under the conditions set out in
-1-1section 321J.2, subsection 1.
23. An issuing officer who finds that a person issued a
3permit to acquire pistols or revolvers under this chapter
4has been arrested for a disqualifying offense or who is
5the subject of proceedings that could lead to the person’s
6ineligibility for such permit, may immediately suspend such
7permit. An issuing officer proceeding under this subsection
8shall immediately notify the permit holder of the suspension
9by personal service or certified mail on a form prescribed
10and published by the commissioner of public safety and the
11suspension shall become effective upon the permit holder’s
12receipt of such notice. If the suspension is based on an
13arrest or a proceeding that does not result in a disqualifying
14conviction or finding against the permit holder, the issuing
15officer shall immediately reinstate the permit upon receipt
16of proof of the matter’s final disposition. If the arrest
17leads to a disqualifying conviction or the proceedings to a
18disqualifying finding, the issuing officer shall revoke the
19permit. The issuing officer may also revoke the permit of a
20person whom the issuing officer later finds was not qualified
21for such a permit at the time of issuance or whom the officer
22finds provided materially false information on the permit
23application. A person aggrieved by a suspension or revocation
24under this subsection may seek review of the decision pursuant
25to section 724.21A.
26 Sec. 3. Section 724.16, Code 2021, is amended by striking
27the section and inserting in lieu thereof the following:
28724.16 Prohibited transfers of firearms.
291. A person shall not transfer a firearm to another person
30if the person knows or reasonably should know that the other
31person is ineligible to possess dangerous weapons pursuant to
32section 724.8B, is intoxicated as provided under the conditions
33set out in section 321J.2, subsection 1, or is prohibited from
34receiving or possessing a firearm under section 724.26 or
35federal law.
-2- 12. A person shall not loan or rent a firearm to another
2person for temporary use during lawful activities if the
3person knows or reasonably should know that the other person
4is ineligible to possess dangerous weapons pursuant to section
5724.8B, is intoxicated as provided under the conditions set
6out in section 321J.2, subsection 1, or is prohibited from
7receiving or possessing a firearm under section 724.26 or
8federal law.
93. A person who transfers, loans, or rents a firearm in
10violation of this section commits a class “D” felony.
11 Sec. 4. Section 724.27, Code 2021, is amended to read as
12follows:
13724.27 Offenders’ rights restored.
141. The provisions of section 724.8, section 724.15,
15subsection 1 2, and section 724.26 shall not apply to a person
16who is eligible to have the person’s civil rights regarding
17firearms restored under section 914.7 if any of the following
18occur:
19a. The person is pardoned by the President of the United
20States or the chief executive of a state for a disqualifying
21conviction.
22b. The person’s civil rights have been restored after a
23disqualifying conviction, commitment, or adjudication.
24c. The person’s conviction for a disqualifying offense has
25been expunged.
262. Subsection 1 shall not apply to a person whose pardon,
27restoration of civil rights, or expungement of conviction
28expressly forbids the person to receive, transport, or possess
29firearms or destructive devices and a person not eligible to
30have the person’s civil rights restored under section 914.7.
31 Sec. 5. NEW SECTION. 724.31A Identifying information —
32background checks.
331. When a court issues an order or judgment by which a
34person is prohibited from acquiring a pistol or revolver under
35section 724.15, subsection 2, paragraph “d”, the clerk of
-3-1the district court shall forward only such information as is
2necessary to identify the person to the department of public
3safety, which in turn shall forward the information to the
4federal bureau of investigation or its successor agency for
5the sole purpose of inclusion in the national instant criminal
6background check system database. The clerk of the district
7court shall also notify the person of the prohibitions imposed
8under this section.
92. The department of public safety shall, as soon as
10is practicable after receiving a written request from the
11person prohibited from acquiring a pistol or revolver under
12section 724.15, subsection 2, paragraph “d”, update, correct,
13modify, or remove the person’s record in any database that the
14department of public safety makes available to the national
15instant criminal background check system and shall notify the
16United States department of justice that the basis for such
17record being made available no longer applies.
18DIVISION II
19CARRYING AND POSSESSING WEAPONS — School grounds — emergency
20medical care providers
21 Sec. 6. Section 8A.322, subsection 3, Code 2021, is amended
22to read as follows:
233. The director shall establish, publish, and enforce
24rules regulating and restricting the use by the public of the
25capitol buildings and grounds and of the state laboratories
26facility in Ankeny. The rules when established shall be
27posted in conspicuous places about the capitol buildings and
28grounds and the state laboratories facility, as applicable.
29Any person violating any rule, except a parking regulation,
30shall be guilty of a simple misdemeanor. The rules shall
31prohibit a person, other than a peace officer, from openly
32carrying a pistol or revolver in the capitol building and on
33the grounds surrounding the capitol building including state
34parking lots and parking garages. However, this subsection
35shall not be construed to allow the director to prohibit
-4-1the lawful carrying, transportation, or possession of any
2pistol or revolver in the capitol building and on the grounds
3surrounding the capitol building including state parking lots
4and parking garages by a any person who displays to capitol
5security personnel a valid permit to carry weapons upon request
6 regardless of whether the person has a valid permit to carry
7weapons.
8 Sec. 7. Section 232.52, subsection 2, paragraph a,
9subparagraph (4), subparagraph division (a), subparagraph
10subdivision (viii), Code 2021, is amended to read as follows:
11(viii) Section 724.4, if the child used the dangerous weapon
12in the commission of a crime.
13 Sec. 8. Section 724.2A, Code 2021, is amended to read as
14follows:
15724.2A Peace officer — defined — reserved peace officer
16included.
17As used in sections 724.4, 724.4B, 724.6, and 724.11, “peace
18officer” includes a reserve peace officer as defined in section
1980D.1A.
20 Sec. 9. Section 724.4, Code 2021, is amended by striking the
21section and inserting in lieu thereof the following:
22724.4 Use of a dangerous weapon in the commission of a crime.
23A person who goes armed with a dangerous weapon on or about
24the person, and who uses the dangerous weapon in the commission
25of a crime, commits an aggravated misdemeanor, except as
26provided in section 708.8.
27 Sec. 10. Section 724.4B, Code 2021, is amended by striking
28the section and inserting in lieu thereof the following:
29724.4B Carrying firearms on school grounds — penalty —
30exceptions.
311. A person who goes armed with, carries, or transports a
32firearm of any kind, whether concealed or not, on the grounds
33of a school commits a class “D” felony. For the purposes of
34this section, “school” means a public or nonpublic school as
35defined in section 280.2.
-5- 12. Subsection 1 does not apply to the following:
2a. A person who has been specifically authorized by the
3school to go armed with, carry, or transport a firearm on the
4school grounds for any lawful purpose.
5b. A peace officer including a peace officer who has
6not been certified and a federal officer when the officer’s
7employment requires going armed, whether or not the peace
8officer or federal officer is acting in the performance of
9official duties.
10c. A member of the armed forces of the United States or
11of the national guard or person in the service of the United
12States, when the firearm is carried in connection with the
13person’s duties as such.
14d. A correctional officer, when the officer’s duties require
15the officer to carry a firearm, serving under the authority of
16the Iowa department of corrections.
17e. A person who for any lawful purpose carries an unloaded
18pistol, revolver, or other firearm inside a closed and fastened
19container or securely wrapped package that is too large to be
20concealed on the person.
21f. A person who for any lawful purpose carries or
22transports an unloaded pistol, revolver, or other firearm
23in a vehicle or common carrier inside a closed and fastened
24container or securely wrapped package that is too large to be
25concealed on the person or carries or transports an unloaded
26pistol, revolver, or other firearm inside a cargo or luggage
27compartment where the pistol or revolver will not be readily
28accessible to any person riding in the vehicle or common
29carrier.
30g. A law enforcement officer from another state when the
31officer’s duties require the officer to carry a firearm and the
32officer is in this state for any of the following reasons:
33(1) The extradition or other lawful removal of a prisoner
34from this state.
35(2) Pursuit of a suspect in compliance with chapter 806.
-6- 1(3) Activities in the capacity of a law enforcement officer
2with the knowledge and consent of the chief of police of the
3city or the sheriff of the county in which the activities occur
4or of the commissioner of public safety.
5h. A licensee under chapter 80A or an employee of such
6a licensee, while the licensee or employee is engaged in
7the performance of duties, and if the licensee or employee
8possesses a valid professional or nonprofessional permit to
9carry weapons issued pursuant to this chapter.
10 Sec. 11. NEW SECTION. 724.4D Carrying of dangerous weapons
11— duty to cooperate — reasonable suspicion.
12A person carrying a dangerous weapon whose behavior creates
13a reasonable suspicion that the person presents a danger to the
14person’s self or others shall cooperate with an investigating
15officer.
16 Sec. 12. NEW SECTION. 724.4E Possession of dangerous
17weapons and loaded firearms by minors.
181. A minor who goes armed with a dangerous weapon concealed
19on or about the person commits a serious misdemeanor.
202. A minor who carries, transports, or possesses a loaded
21firearm of any kind within the limits of a city or knowingly
22carries or transports a pistol or revolver in a vehicle commits
23a serious misdemeanor.
243. A minor who goes armed with a dangerous weapon that
25directs an electric current impulse, wave, or beam that
26produces a high-voltage pulse designed to immobilize a person,
27whether concealed or not, commits a simple misdemeanor.
28 Sec. 13. Section 724.5, Code 2021, is amended by striking
29the section and inserting in lieu thereof the following:
30724.5 Availability of permit not to be construed as
31prohibition on unlicensed carrying of weapons.
32The availability of a professional or nonprofessional permit
33to carry weapons under this chapter shall not be construed to
34impose a general prohibition on the otherwise lawful unlicensed
35carrying or transport, whether openly or concealed, of a
-7-1dangerous weapon, including a loaded firearm.
2 Sec. 14. Section 724.6, subsection 1, paragraph a, Code
32021, is amended to read as follows:
4a. (1) A person may be issued a permit to carry weapons
5when the person’s employment in a private investigation
6business or private security business licensed under chapter
780A, or a person’s employment as a peace officer, correctional
8officer, security guard, bank messenger or other person
9transporting property of a value requiring security, or in
10police work, reasonably justifies that person going armed.
11(2) A person may be issued a permit to carry weapons
12if the person is an emergency medical care provider who is
13designated and attached to a law enforcement tactical team by
14the authorities having jurisdiction. A person issued a permit
15to carry weapons under this paragraph shall train with the law
16enforcement tactical team the person is designated and attached
17to, complete a prescribed firearm safety training course
18offered pursuant to section 724.9, subsection 1, paragraph
19“e”, complete any additional training as prescribed by the
20authorities having jurisdiction, and not be disqualified under
21section 724.8.
22 Sec. 15. Section 724.6, subsection 2, Code 2021, is amended
23to read as follows:
242. Notwithstanding subsection 1, fire fighters, as defined
25in section 411.1, subsection 10, airport fire fighters included
26under section 97B.49B, and emergency medical care providers,
27as defined in section 147A.1 other than emergency medical
28care providers specified in subsection 1, paragraph “a”,
29subparagraph (2), shall not, as a condition of employment,
30be required to obtain a permit under this section. However,
31the provisions of this subsection shall not apply to a person
32designated as an arson investigator by the chief fire officer
33of a political subdivision.
34 Sec. 16. Section 724.6, Code 2021, is amended by adding the
35following new subsection:
-8-1 NEW SUBSECTION. 3. For purposes of this section, “emergency
2medical care provider” means the same as defined in section
3147A.1.
4 Sec. 17. NEW SECTION. 724.8B Persons ineligible to carry
5dangerous weapons.
6A person determined to be ineligible to receive a permit
7to carry weapons under section 724.8, subsection 2, 3, 4, 5,
8or 6, a person who illegally possesses a controlled substance
9included in chapter 124, subchapter II, or a person who is
10committing an indictable offense is prohibited from carrying
11dangerous weapons. Unless otherwise provided by law, a person
12who violates this section commits a serious misdemeanor.
13 Sec. 18. Section 724.31, subsection 1, Code 2021, is amended
14to read as follows:
151. When a court issues an order or judgment under the
16laws of this state by which a person becomes subject to the
17provisions of 18 U.S.C. §922(d)(4) and (g)(4), the clerk of
18the district court shall forward only such information as is
19necessary to identify the person to the department of public
20safety, which in turn shall enter the information on the Iowa
21on-line warrants and articles criminal justice information
22network and forward the information to the federal bureau of
23investigation or its successor agency for the sole purpose of
24inclusion in the national instant criminal background check
25system database. The clerk of the district court shall also
26notify the person of the prohibitions imposed under 18 U.S.C.
27§922(d)(4) and (g)(4).
28DIVISION III
29HANDGUN SAFETY TRAINING
30 Sec. 19. Section 724.9, subsection 1, paragraphs a and b,
31Code 2021, are amended to read as follows:
32a. Completion of any national rifle association handgun
33safety training course or a handgun safety training course
34offered by an instructor certified by an organization approved
35by the department of public safety pursuant to section 724.9A.
-9- 1b. Completion of any handgun safety training course
2available to the general public offered by a law enforcement
3agency, community college, college, private or public
4institution or organization, or firearms training school,
5utilizing instructors certified by the national rifle
6association or an organization approved by the department of
7public safety pursuant to section 724.9A or another state’s
8department of public safety, state police department, or
9similar certifying body.
10 Sec. 20. NEW SECTION. 724.9A Approval of organizations that
11may certify handgun safety training instructors.
12The department of public safety shall adopt rules to approve
13organizations that may certify individuals as handgun safety
14training instructors eligible to offer a handgun safety
15training course under section 724.9, subsection 1, paragraphs
16“a” and “b”.
17DIVISION IV
18firearm REGULATION BY POLITICAL SUBDIVISIONS
19 Sec. 21. Section 724.28, subsections 2 and 3, Code 2021, are
20amended to read as follows:
212. A political subdivision of the state shall not enact an
22ordinance, motion, resolution, policy, or amendment regulating
23the ownership, possession, carrying, legal transfer, lawful
24transportation, modification, registration, or licensing of
25firearms, firearms attachments, or other weapons when the
26ownership, possession, carrying, transfer, transportation, or
27modification is otherwise lawful under the laws of this state.
28An ordinance regulating firearms, firearms attachments, or
29other weapons in violation of this section existing on or after
30April 5, 1990, is void.
313. If a political subdivision of the state, prior to, on,
32or after July 1, 2020, adopts, makes, enacts, or amends any
33ordinance, measure, enactment, rule, resolution, motion, or
34policy regulating the ownership, possession, carrying, legal
35transfer, lawful transportation, modification, registration,
-10-1or licensing of firearms, firearms attachments, or other
2weapons when the ownership, possession, carrying, transfer,
3transportation, modification, registration, or licensing
4of firearms, firearms attachments, or other weapons is
5otherwise lawful under the laws of this state, a person
6adversely affected by the ordinance, measure, enactment, rule,
7resolution, motion, or policy may file suit in the appropriate
8court for declaratory and injunctive relief and all damages
9attributable to the violation. A court shall also award the
10prevailing party in any such lawsuit reasonable attorney fees
11and court costs.
12DIVISION V
13POSSESSION AND STORAGE OF A FIREARM BY A TENANT
14 Sec. 22. Section 562A.11, Code 2021, is amended to read as
15follows:
16562A.11 Prohibited provisions in rental agreements.
171. A rental agreement shall not provide that the tenant or
18landlord does any of the following:
19a. Agrees to waive or to forego rights or remedies under
20this chapter provided that this restriction shall not apply to
21rental agreements covering single family residences on land
22assessed as agricultural land and located in an unincorporated
23area;.
24b. Authorizes a person to confess judgment on a claim
25arising out of the rental agreement;.
26c. Agrees to pay the other party’s attorney fees; or.
27d. Agrees to the exculpation or limitation of any liability
28of the other party arising under law or to indemnify the other
29party for that liability or the associated costs connected
30therewith.
311A. If the landlord receives rental assistance payments
32under a rental assistance agreement administered by the
33United States department of agriculture under the multifamily
34housing rental assistance program under Tit.V of the federal
35Housing Act of 1949, Pub.L.No.81-171, or receives housing
-11-1assistance payments under a housing assistance payment contract
2administered by the United States department of housing and
3urban development under the housing choice voucher program,
4the new construction program, the substantial rehabilitation
5program, or the moderate rehabilitation program under section 8
6of the United States Housing Act of 1937, Pub.L.No.75-412, a
7rental agreement shall not contain a provision or impose a rule
8that requires a person to agree, as a condition of tenancy, to
9a prohibition or restriction on the lawful ownership, use, or
10possession of a firearm, a firearm component, or ammunition
11within the tenant’s specific rental unit. A landlord may
12impose reasonable restrictions related to the possession,
13use, or transportation of a firearm, a firearm component, or
14ammunition within common areas as long as those restrictions do
15not circumvent the purpose of this subsection. A tenant shall
16exercise reasonable care in the storage of a firearm, a firearm
17component, or ammunition. This subsection does not apply to
18any prohibition or restriction that is required by federal or
19state law, rule, or regulation.
202. A provision prohibited by subsection 1 this section
21 included in a rental agreement is unenforceable. If a landlord
22willfully uses a rental agreement containing provisions known
23by the landlord to be prohibited, a tenant may recover actual
24damages sustained by the tenant and not more than three months’
25periodic rent and reasonable attorney fees.
26 Sec. 23. Section 562A.16, Code 2021, is amended by adding
27the following new subsection:
28 NEW SUBSECTION. 3. Except in cases of willful, reckless, or
29gross negligence, a landlord is not liable in a civil action
30for personal injury, death, property damage, or other damages
31resulting from or arising out of an occurrence involving a
32firearm, a firearm component, or ammunition that the landlord
33is required to allow on the property under section 562A.11.
34 Sec. 24. Section 562A.27A, subsection 2, paragraph b, Code
352021, is amended to read as follows:
-12- 1b. Illegal use of a firearm or other weapon, the threat to
2use a firearm or other weapon illegally, or possession of an
3illegal firearm. The mere possession or storage of a firearm
4by a tenant in the dwelling unit that the tenant rents does not
5constitute a clear and present danger.
6 Sec. 25. Section 562B.11, Code 2021, is amended by adding
7the following new subsection:
8 NEW SUBSECTION. 1A. If the landlord receives rental
9assistance payments under a rental assistance agreement
10administered by the United States department of agriculture
11under the multifamily housing rental assistance program
12under Tit.V of the federal Housing Act of 1949, Pub.L.
13No.81-171, or receives housing assistance payments under a
14housing assistance payment contract administered by the United
15States department of housing and urban development under the
16housing choice voucher program, the new construction program,
17the substantial rehabilitation program, or the moderate
18rehabilitation program under section 8 of the United States
19Housing Act of 1937, Pub.L.No.75-412, a rental agreement
20shall not contain a provision or impose a rule that requires a
21person to agree, as a condition of tenancy, to a prohibition or
22restriction on the lawful ownership, use, or possession of a
23firearm, a firearm component, or ammunition within the tenant’s
24specific rental unit. A landlord may impose reasonable
25restrictions related to the possession, use, or transportation
26of a firearm, a firearm component, or ammunition within common
27areas as long as those restrictions do not circumvent the
28purpose of this subsection. A tenant shall exercise reasonable
29care in the storage of a firearm, a firearm component, or
30ammunition. This subsection does not apply to any prohibition
31or restriction that is required by federal or state law, rule,
32or regulation.
33 Sec. 26. Section 562B.11, subsection 2, Code 2021, is
34amended to read as follows:
352. A provision prohibited by subsection 1 this section
-13-1 included in a rental agreement is unenforceable. If a landlord
2or tenant knowingly uses a rental agreement containing
3provisions known to be prohibited by this chapter, the other
4party may recover actual damages sustained.
5 Sec. 27. Section 562B.17, Code 2021, is amended by adding
6the following new subsection:
7 NEW SUBSECTION. 3. Except in cases of willful, reckless, or
8gross negligence, a landlord is not liable in a civil action
9for personal injury, death, property damage, or other damages
10resulting from or arising out of an occurrence involving a
11firearm, a firearm component, or ammunition that the landlord
12is required to allow on the property under section 562B.11.
13 Sec. 28. Section 562B.25A, subsection 2, paragraph b, Code
142021, is amended to read as follows:
15b. Illegal use of a firearm or other weapon, the threat to
16use a firearm or other weapon illegally, or possession of an
17illegal firearm. The mere possession or storage of a firearm
18by a tenant in the tenant’s dwelling unit does not constitute a
19clear and present danger.
js/rh/md
2and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2ACQUIRING PISTOLS AND REVOLVERS
3 Section 1. Section 724.11A, Code 2021, is amended to read
4as follows:
5724.11A Recognition.
6A valid permit or license issued by another state to any
7nonresident of this state shall be considered to be a valid
8permit or license to carry weapons issued pursuant to this
9chapter, except that such permit or license shall not be
10considered to be a substitute for a permit to acquire pistols
11or revolvers issued pursuant to section 724.15 deemed to
12satisfy the requirements of section 724.15.
13 Sec. 2. Section 724.15, Code 2021, is amended by striking
14the section and inserting in lieu thereof the following:
15724.15 Acquiring pistols or revolvers.
161. It is the intent of this section to satisfy federal
17requirements of 18 U.S.C.§922(t)(3) in order to acquire
18pistols or revolvers. In order to acquire a pistol or revolver
19from a federally licensed firearms dealer, an unlicensed person
20is required to have a valid permit to acquire or a valid permit
21to carry weapons issued in accordance with this chapter or the
22person must complete a satisfactory national instant criminal
23background check pursuant to 18 U.S.C.§922(t).
242. A person shall not acquire a pistol or revolver if the
25person is any of the following:
26a. Under twenty-one years of age except for those persons
27included in section 724.22, subsection 4, who acquire a pistol
28or revolver when the person’s duty so requires.
29b. Prohibited by section 724.26 or federal law from
30possessing, shipping, transporting, or receiving a firearm.
31c. Prohibited by court order from possessing, shipping,
32transporting, or receiving a firearm.
33d. Ineligible to possess dangerous weapons pursuant to
34section 724.8B.
35e. Intoxicated as provided under the conditions set out in
-1-1section 321J.2, subsection 1.
23. An issuing officer who finds that a person issued a
3permit to acquire pistols or revolvers under this chapter
4has been arrested for a disqualifying offense or who is
5the subject of proceedings that could lead to the person’s
6ineligibility for such permit, may immediately suspend such
7permit. An issuing officer proceeding under this subsection
8shall immediately notify the permit holder of the suspension
9by personal service or certified mail on a form prescribed
10and published by the commissioner of public safety and the
11suspension shall become effective upon the permit holder’s
12receipt of such notice. If the suspension is based on an
13arrest or a proceeding that does not result in a disqualifying
14conviction or finding against the permit holder, the issuing
15officer shall immediately reinstate the permit upon receipt
16of proof of the matter’s final disposition. If the arrest
17leads to a disqualifying conviction or the proceedings to a
18disqualifying finding, the issuing officer shall revoke the
19permit. The issuing officer may also revoke the permit of a
20person whom the issuing officer later finds was not qualified
21for such a permit at the time of issuance or whom the officer
22finds provided materially false information on the permit
23application. A person aggrieved by a suspension or revocation
24under this subsection may seek review of the decision pursuant
25to section 724.21A.
26 Sec. 3. Section 724.16, Code 2021, is amended by striking
27the section and inserting in lieu thereof the following:
28724.16 Prohibited transfers of firearms.
291. A person shall not transfer a firearm to another person
30if the person knows or reasonably should know that the other
31person is ineligible to possess dangerous weapons pursuant to
32section 724.8B, is intoxicated as provided under the conditions
33set out in section 321J.2, subsection 1, or is prohibited from
34receiving or possessing a firearm under section 724.26 or
35federal law.
-2- 12. A person shall not loan or rent a firearm to another
2person for temporary use during lawful activities if the
3person knows or reasonably should know that the other person
4is ineligible to possess dangerous weapons pursuant to section
5724.8B, is intoxicated as provided under the conditions set
6out in section 321J.2, subsection 1, or is prohibited from
7receiving or possessing a firearm under section 724.26 or
8federal law.
93. A person who transfers, loans, or rents a firearm in
10violation of this section commits a class “D” felony.
11 Sec. 4. Section 724.27, Code 2021, is amended to read as
12follows:
13724.27 Offenders’ rights restored.
141. The provisions of section 724.8, section 724.15,
15subsection 1 2, and section 724.26 shall not apply to a person
16who is eligible to have the person’s civil rights regarding
17firearms restored under section 914.7 if any of the following
18occur:
19a. The person is pardoned by the President of the United
20States or the chief executive of a state for a disqualifying
21conviction.
22b. The person’s civil rights have been restored after a
23disqualifying conviction, commitment, or adjudication.
24c. The person’s conviction for a disqualifying offense has
25been expunged.
262. Subsection 1 shall not apply to a person whose pardon,
27restoration of civil rights, or expungement of conviction
28expressly forbids the person to receive, transport, or possess
29firearms or destructive devices and a person not eligible to
30have the person’s civil rights restored under section 914.7.
31 Sec. 5. NEW SECTION. 724.31A Identifying information —
32background checks.
331. When a court issues an order or judgment by which a
34person is prohibited from acquiring a pistol or revolver under
35section 724.15, subsection 2, paragraph “d”, the clerk of
-3-1the district court shall forward only such information as is
2necessary to identify the person to the department of public
3safety, which in turn shall forward the information to the
4federal bureau of investigation or its successor agency for
5the sole purpose of inclusion in the national instant criminal
6background check system database. The clerk of the district
7court shall also notify the person of the prohibitions imposed
8under this section.
92. The department of public safety shall, as soon as
10is practicable after receiving a written request from the
11person prohibited from acquiring a pistol or revolver under
12section 724.15, subsection 2, paragraph “d”, update, correct,
13modify, or remove the person’s record in any database that the
14department of public safety makes available to the national
15instant criminal background check system and shall notify the
16United States department of justice that the basis for such
17record being made available no longer applies.
18DIVISION II
19CARRYING AND POSSESSING WEAPONS — School grounds — emergency
20medical care providers
21 Sec. 6. Section 8A.322, subsection 3, Code 2021, is amended
22to read as follows:
233. The director shall establish, publish, and enforce
24rules regulating and restricting the use by the public of the
25capitol buildings and grounds and of the state laboratories
26facility in Ankeny. The rules when established shall be
27posted in conspicuous places about the capitol buildings and
28grounds and the state laboratories facility, as applicable.
29Any person violating any rule, except a parking regulation,
30shall be guilty of a simple misdemeanor. The rules shall
31prohibit a person, other than a peace officer, from openly
32carrying a pistol or revolver in the capitol building and on
33the grounds surrounding the capitol building including state
34parking lots and parking garages. However, this subsection
35shall not be construed to allow the director to prohibit
-4-1the lawful carrying, transportation, or possession of any
2pistol or revolver in the capitol building and on the grounds
3surrounding the capitol building including state parking lots
4and parking garages by a any person who displays to capitol
5security personnel a valid permit to carry weapons upon request
6 regardless of whether the person has a valid permit to carry
7weapons.
8 Sec. 7. Section 232.52, subsection 2, paragraph a,
9subparagraph (4), subparagraph division (a), subparagraph
10subdivision (viii), Code 2021, is amended to read as follows:
11(viii) Section 724.4, if the child used the dangerous weapon
12in the commission of a crime.
13 Sec. 8. Section 724.2A, Code 2021, is amended to read as
14follows:
15724.2A Peace officer — defined — reserved peace officer
16included.
17As used in sections 724.4, 724.4B, 724.6, and 724.11, “peace
18officer” includes a reserve peace officer as defined in section
1980D.1A.
20 Sec. 9. Section 724.4, Code 2021, is amended by striking the
21section and inserting in lieu thereof the following:
22724.4 Use of a dangerous weapon in the commission of a crime.
23A person who goes armed with a dangerous weapon on or about
24the person, and who uses the dangerous weapon in the commission
25of a crime, commits an aggravated misdemeanor, except as
26provided in section 708.8.
27 Sec. 10. Section 724.4B, Code 2021, is amended by striking
28the section and inserting in lieu thereof the following:
29724.4B Carrying firearms on school grounds — penalty —
30exceptions.
311. A person who goes armed with, carries, or transports a
32firearm of any kind, whether concealed or not, on the grounds
33of a school commits a class “D” felony. For the purposes of
34this section, “school” means a public or nonpublic school as
35defined in section 280.2.
-5- 12. Subsection 1 does not apply to the following:
2a. A person who has been specifically authorized by the
3school to go armed with, carry, or transport a firearm on the
4school grounds for any lawful purpose.
5b. A peace officer including a peace officer who has
6not been certified and a federal officer when the officer’s
7employment requires going armed, whether or not the peace
8officer or federal officer is acting in the performance of
9official duties.
10c. A member of the armed forces of the United States or
11of the national guard or person in the service of the United
12States, when the firearm is carried in connection with the
13person’s duties as such.
14d. A correctional officer, when the officer’s duties require
15the officer to carry a firearm, serving under the authority of
16the Iowa department of corrections.
17e. A person who for any lawful purpose carries an unloaded
18pistol, revolver, or other firearm inside a closed and fastened
19container or securely wrapped package that is too large to be
20concealed on the person.
21f. A person who for any lawful purpose carries or
22transports an unloaded pistol, revolver, or other firearm
23in a vehicle or common carrier inside a closed and fastened
24container or securely wrapped package that is too large to be
25concealed on the person or carries or transports an unloaded
26pistol, revolver, or other firearm inside a cargo or luggage
27compartment where the pistol or revolver will not be readily
28accessible to any person riding in the vehicle or common
29carrier.
30g. A law enforcement officer from another state when the
31officer’s duties require the officer to carry a firearm and the
32officer is in this state for any of the following reasons:
33(1) The extradition or other lawful removal of a prisoner
34from this state.
35(2) Pursuit of a suspect in compliance with chapter 806.
-6- 1(3) Activities in the capacity of a law enforcement officer
2with the knowledge and consent of the chief of police of the
3city or the sheriff of the county in which the activities occur
4or of the commissioner of public safety.
5h. A licensee under chapter 80A or an employee of such
6a licensee, while the licensee or employee is engaged in
7the performance of duties, and if the licensee or employee
8possesses a valid professional or nonprofessional permit to
9carry weapons issued pursuant to this chapter.
10 Sec. 11. NEW SECTION. 724.4D Carrying of dangerous weapons
11— duty to cooperate — reasonable suspicion.
12A person carrying a dangerous weapon whose behavior creates
13a reasonable suspicion that the person presents a danger to the
14person’s self or others shall cooperate with an investigating
15officer.
16 Sec. 12. NEW SECTION. 724.4E Possession of dangerous
17weapons and loaded firearms by minors.
181. A minor who goes armed with a dangerous weapon concealed
19on or about the person commits a serious misdemeanor.
202. A minor who carries, transports, or possesses a loaded
21firearm of any kind within the limits of a city or knowingly
22carries or transports a pistol or revolver in a vehicle commits
23a serious misdemeanor.
243. A minor who goes armed with a dangerous weapon that
25directs an electric current impulse, wave, or beam that
26produces a high-voltage pulse designed to immobilize a person,
27whether concealed or not, commits a simple misdemeanor.
28 Sec. 13. Section 724.5, Code 2021, is amended by striking
29the section and inserting in lieu thereof the following:
30724.5 Availability of permit not to be construed as
31prohibition on unlicensed carrying of weapons.
32The availability of a professional or nonprofessional permit
33to carry weapons under this chapter shall not be construed to
34impose a general prohibition on the otherwise lawful unlicensed
35carrying or transport, whether openly or concealed, of a
-7-1dangerous weapon, including a loaded firearm.
2 Sec. 14. Section 724.6, subsection 1, paragraph a, Code
32021, is amended to read as follows:
4a. (1) A person may be issued a permit to carry weapons
5when the person’s employment in a private investigation
6business or private security business licensed under chapter
780A, or a person’s employment as a peace officer, correctional
8officer, security guard, bank messenger or other person
9transporting property of a value requiring security, or in
10police work, reasonably justifies that person going armed.
11(2) A person may be issued a permit to carry weapons
12if the person is an emergency medical care provider who is
13designated and attached to a law enforcement tactical team by
14the authorities having jurisdiction. A person issued a permit
15to carry weapons under this paragraph shall train with the law
16enforcement tactical team the person is designated and attached
17to, complete a prescribed firearm safety training course
18offered pursuant to section 724.9, subsection 1, paragraph
19“e”, complete any additional training as prescribed by the
20authorities having jurisdiction, and not be disqualified under
21section 724.8.
22 Sec. 15. Section 724.6, subsection 2, Code 2021, is amended
23to read as follows:
242. Notwithstanding subsection 1, fire fighters, as defined
25in section 411.1, subsection 10, airport fire fighters included
26under section 97B.49B, and emergency medical care providers,
27as defined in section 147A.1 other than emergency medical
28care providers specified in subsection 1, paragraph “a”,
29subparagraph (2), shall not, as a condition of employment,
30be required to obtain a permit under this section. However,
31the provisions of this subsection shall not apply to a person
32designated as an arson investigator by the chief fire officer
33of a political subdivision.
34 Sec. 16. Section 724.6, Code 2021, is amended by adding the
35following new subsection:
-8-1 NEW SUBSECTION. 3. For purposes of this section, “emergency
2medical care provider” means the same as defined in section
3147A.1.
4 Sec. 17. NEW SECTION. 724.8B Persons ineligible to carry
5dangerous weapons.
6A person determined to be ineligible to receive a permit
7to carry weapons under section 724.8, subsection 2, 3, 4, 5,
8or 6, a person who illegally possesses a controlled substance
9included in chapter 124, subchapter II, or a person who is
10committing an indictable offense is prohibited from carrying
11dangerous weapons. Unless otherwise provided by law, a person
12who violates this section commits a serious misdemeanor.
13 Sec. 18. Section 724.31, subsection 1, Code 2021, is amended
14to read as follows:
151. When a court issues an order or judgment under the
16laws of this state by which a person becomes subject to the
17provisions of 18 U.S.C. §922(d)(4) and (g)(4), the clerk of
18the district court shall forward only such information as is
19necessary to identify the person to the department of public
20safety, which in turn shall enter the information on the Iowa
21on-line warrants and articles criminal justice information
22network and forward the information to the federal bureau of
23investigation or its successor agency for the sole purpose of
24inclusion in the national instant criminal background check
25system database. The clerk of the district court shall also
26notify the person of the prohibitions imposed under 18 U.S.C.
27§922(d)(4) and (g)(4).
28DIVISION III
29HANDGUN SAFETY TRAINING
30 Sec. 19. Section 724.9, subsection 1, paragraphs a and b,
31Code 2021, are amended to read as follows:
32a. Completion of any national rifle association handgun
33safety training course or a handgun safety training course
34offered by an instructor certified by an organization approved
35by the department of public safety pursuant to section 724.9A.
-9- 1b. Completion of any handgun safety training course
2available to the general public offered by a law enforcement
3agency, community college, college, private or public
4institution or organization, or firearms training school,
5utilizing instructors certified by the national rifle
6association or an organization approved by the department of
7public safety pursuant to section 724.9A or another state’s
8department of public safety, state police department, or
9similar certifying body.
10 Sec. 20. NEW SECTION. 724.9A Approval of organizations that
11may certify handgun safety training instructors.
12The department of public safety shall adopt rules to approve
13organizations that may certify individuals as handgun safety
14training instructors eligible to offer a handgun safety
15training course under section 724.9, subsection 1, paragraphs
16“a” and “b”.
17DIVISION IV
18firearm REGULATION BY POLITICAL SUBDIVISIONS
19 Sec. 21. Section 724.28, subsections 2 and 3, Code 2021, are
20amended to read as follows:
212. A political subdivision of the state shall not enact an
22ordinance, motion, resolution, policy, or amendment regulating
23the ownership, possession, carrying, legal transfer, lawful
24transportation, modification, registration, or licensing of
25firearms, firearms attachments, or other weapons when the
26ownership, possession, carrying, transfer, transportation, or
27modification is otherwise lawful under the laws of this state.
28An ordinance regulating firearms, firearms attachments, or
29other weapons in violation of this section existing on or after
30April 5, 1990, is void.
313. If a political subdivision of the state, prior to, on,
32or after July 1, 2020, adopts, makes, enacts, or amends any
33ordinance, measure, enactment, rule, resolution, motion, or
34policy regulating the ownership, possession, carrying, legal
35transfer, lawful transportation, modification, registration,
-10-1or licensing of firearms, firearms attachments, or other
2weapons when the ownership, possession, carrying, transfer,
3transportation, modification, registration, or licensing
4of firearms, firearms attachments, or other weapons is
5otherwise lawful under the laws of this state, a person
6adversely affected by the ordinance, measure, enactment, rule,
7resolution, motion, or policy may file suit in the appropriate
8court for declaratory and injunctive relief and all damages
9attributable to the violation. A court shall also award the
10prevailing party in any such lawsuit reasonable attorney fees
11and court costs.
12DIVISION V
13POSSESSION AND STORAGE OF A FIREARM BY A TENANT
14 Sec. 22. Section 562A.11, Code 2021, is amended to read as
15follows:
16562A.11 Prohibited provisions in rental agreements.
171. A rental agreement shall not provide that the tenant or
18landlord does any of the following:
19a. Agrees to waive or to forego rights or remedies under
20this chapter provided that this restriction shall not apply to
21rental agreements covering single family residences on land
22assessed as agricultural land and located in an unincorporated
23area;.
24b. Authorizes a person to confess judgment on a claim
25arising out of the rental agreement;.
26c. Agrees to pay the other party’s attorney fees; or.
27d. Agrees to the exculpation or limitation of any liability
28of the other party arising under law or to indemnify the other
29party for that liability or the associated costs connected
30therewith.
311A. If the landlord receives rental assistance payments
32under a rental assistance agreement administered by the
33United States department of agriculture under the multifamily
34housing rental assistance program under Tit.V of the federal
35Housing Act of 1949, Pub.L.No.81-171, or receives housing
-11-1assistance payments under a housing assistance payment contract
2administered by the United States department of housing and
3urban development under the housing choice voucher program,
4the new construction program, the substantial rehabilitation
5program, or the moderate rehabilitation program under section 8
6of the United States Housing Act of 1937, Pub.L.No.75-412, a
7rental agreement shall not contain a provision or impose a rule
8that requires a person to agree, as a condition of tenancy, to
9a prohibition or restriction on the lawful ownership, use, or
10possession of a firearm, a firearm component, or ammunition
11within the tenant’s specific rental unit. A landlord may
12impose reasonable restrictions related to the possession,
13use, or transportation of a firearm, a firearm component, or
14ammunition within common areas as long as those restrictions do
15not circumvent the purpose of this subsection. A tenant shall
16exercise reasonable care in the storage of a firearm, a firearm
17component, or ammunition. This subsection does not apply to
18any prohibition or restriction that is required by federal or
19state law, rule, or regulation.
202. A provision prohibited by subsection 1 this section
21 included in a rental agreement is unenforceable. If a landlord
22willfully uses a rental agreement containing provisions known
23by the landlord to be prohibited, a tenant may recover actual
24damages sustained by the tenant and not more than three months’
25periodic rent and reasonable attorney fees.
26 Sec. 23. Section 562A.16, Code 2021, is amended by adding
27the following new subsection:
28 NEW SUBSECTION. 3. Except in cases of willful, reckless, or
29gross negligence, a landlord is not liable in a civil action
30for personal injury, death, property damage, or other damages
31resulting from or arising out of an occurrence involving a
32firearm, a firearm component, or ammunition that the landlord
33is required to allow on the property under section 562A.11.
34 Sec. 24. Section 562A.27A, subsection 2, paragraph b, Code
352021, is amended to read as follows:
-12- 1b. Illegal use of a firearm or other weapon, the threat to
2use a firearm or other weapon illegally, or possession of an
3illegal firearm. The mere possession or storage of a firearm
4by a tenant in the dwelling unit that the tenant rents does not
5constitute a clear and present danger.
6 Sec. 25. Section 562B.11, Code 2021, is amended by adding
7the following new subsection:
8 NEW SUBSECTION. 1A. If the landlord receives rental
9assistance payments under a rental assistance agreement
10administered by the United States department of agriculture
11under the multifamily housing rental assistance program
12under Tit.V of the federal Housing Act of 1949, Pub.L.
13No.81-171, or receives housing assistance payments under a
14housing assistance payment contract administered by the United
15States department of housing and urban development under the
16housing choice voucher program, the new construction program,
17the substantial rehabilitation program, or the moderate
18rehabilitation program under section 8 of the United States
19Housing Act of 1937, Pub.L.No.75-412, a rental agreement
20shall not contain a provision or impose a rule that requires a
21person to agree, as a condition of tenancy, to a prohibition or
22restriction on the lawful ownership, use, or possession of a
23firearm, a firearm component, or ammunition within the tenant’s
24specific rental unit. A landlord may impose reasonable
25restrictions related to the possession, use, or transportation
26of a firearm, a firearm component, or ammunition within common
27areas as long as those restrictions do not circumvent the
28purpose of this subsection. A tenant shall exercise reasonable
29care in the storage of a firearm, a firearm component, or
30ammunition. This subsection does not apply to any prohibition
31or restriction that is required by federal or state law, rule,
32or regulation.
33 Sec. 26. Section 562B.11, subsection 2, Code 2021, is
34amended to read as follows:
352. A provision prohibited by subsection 1 this section
-13-1 included in a rental agreement is unenforceable. If a landlord
2or tenant knowingly uses a rental agreement containing
3provisions known to be prohibited by this chapter, the other
4party may recover actual damages sustained.
5 Sec. 27. Section 562B.17, Code 2021, is amended by adding
6the following new subsection:
7 NEW SUBSECTION. 3. Except in cases of willful, reckless, or
8gross negligence, a landlord is not liable in a civil action
9for personal injury, death, property damage, or other damages
10resulting from or arising out of an occurrence involving a
11firearm, a firearm component, or ammunition that the landlord
12is required to allow on the property under section 562B.11.
13 Sec. 28. Section 562B.25A, subsection 2, paragraph b, Code
142021, is amended to read as follows:
15b. Illegal use of a firearm or other weapon, the threat to
16use a firearm or other weapon illegally, or possession of an
17illegal firearm. The mere possession or storage of a firearm
18by a tenant in the tenant’s dwelling unit does not constitute a
19clear and present danger.
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