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House Study Bill 79 - IntroducedA Bill ForAn Act 1relating to explosive materials including blasting
2agents, detonators, and destructive devices, and providing
3penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 101A.1, subsections 1 and 4, Code 2023,
2are amended to read as follows:
31. “Blasting agent” means any material or mixture consisting
4of a fuel and oxidizer, intended for blasting but not otherwise
5classified as an explosive, in which none of the finished
6products as mixed and packaged for use or shipment can be
7detonated by means of a number eight test blasting cap when
8unconfined. “Blasting agent” includes any material or mixture
9intended for blasting that meets the requirements of 49 C.F.R.
10pt.173, subpt.C.
114. “Explosive materials” means explosives, or blasting
12agents, and detonators.
13 Sec. 2. Section 101A.1, Code 2023, is amended by adding the
14following new subsections:
15 NEW SUBSECTION. 2A. “Destructive device” means any of the
16following:
17a. Any explosive, incendiary, chemical or biological poison,
18or poison gas which is any of the following:
19(1) A bomb.
20(2) A grenade.
21(3) A rocket having a propellant charge of more than four
22ounces.
23(4) A missile having an explosive or incendiary charge of
24more than one-quarter ounce.
25(5) A mine.
26(6) A booby trap.
27(7) A Molotov cocktail.
28(8) A bottle bomb.
29(9) A vessel or container intentionally caused to rupture or
30mechanically explode by expanding pressure from any gas, acid,
31dry ice, or other chemical mixture.
32(10) Any similar device, the primary or common purpose of
33which is to explode and to be used as a weapon against any
34person or property.
35b. Any combination of parts designed or intended to be
-1-1converted into a destructive device as defined in paragraph “a”.
2c. The term “destructive device” does not include any of the
3following:
4(1) A device that is neither designed nor redesigned for use
5as a weapon to be used against person or property.
6(2) A device, originally designed for use as a weapon,
7that is redesigned for use as a signaling, pyrotechnic,
8line-throwing, safety, or similar device.
9(3) A surplus ordnance sold, loaned, or given by the
10secretary of the army pursuant to 10 U.S.C. §4684(2), 4685, or
114686.
12(4) Any device the state fire marshal determines is not
13likely to be used as a weapon or that is an antique.
14(5) Any device possessed under circumstances negating an
15intent that the device be used as a weapon against any person
16or property.
17 NEW SUBSECTION. 2B. “Detonator” means any device containing
18an initiating or primary explosive that is used for initiating
19detonation. Excluding ignition or delay charges, a detonator
20shall not contain more than ten grams of explosive material
21per unit. “Detonator” includes an electric detonator of
22instantaneous or delay type, a detonator for use with safety
23fuses, a detonating cord delay connector, and a nonelectric
24detonator or instantaneous or delay type which consists of
25a detonating cord, shock tube, or any other replacement for
26electric leg wires.
27 Sec. 3. Section 712.5, Code 2023, is amended by striking the
28section and inserting in lieu thereof the following:
29712.5 Reckless use of fire, explosives, or destructive
30devices.
31Any person who uses fire, explosives, or destructive
32devices, as defined in section 101A.1, to recklessly endanger
33the property or safety of another shall be guilty of a serious
34misdemeanor.
35 Sec. 4. Section 712.6, Code 2023, is amended to read as
-2-1follows:
2712.6 Explosive materials or incendiary materials or
3 destructive devices.
41. A person who possesses any incendiary or explosive device
5or material or destructive device as defined in section 101A.1
6 with the intent to use such device or material to commit a
7public offense shall be guilty of a class “C” felony.
82. a. A person who possesses any incendiary or explosive
9device or material or destructive device shall be guilty of an
10aggravated misdemeanor.
11b. This subsection does not apply to a person holding a
12valid commercial license or user’s permit issued pursuant to
13chapter 101A, provided that the person is acting within the
14scope of authority granted by the license or permit.
153. A person who, with the intent to intimidate, annoy, or
16alarm another person, places a simulated explosive or simulated
17incendiary destructive device in or near an occupied structure
18as defined in section 702.12 a place that the person knows,
19intends, or reasonably believes is likely to cause public alarm
20or inconvenience, is guilty of a serious misdemeanor.
214. A person who uses any explosive material or destructive
22device to commit any public offense or who possesses any
23explosive material or destructive device during the commission
24of a felony shall be guilty of a class “C” felony.
25 Sec. 5. Section 724.1, subsection 1, paragraph c, Code 2023,
26is amended to read as follows:
27c. A bomb, grenade, or mine, whether explosive, incendiary,
28or poison gas; any rocket having a propellant charge of more
29than four ounces; any missile having an explosive charge of
30more than one-quarter ounce; or any device similar to any of
31these A destructive device as defined in section 101A.1.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to explosive materials including blasting
-3-1agents, detonators, and destructive devices.
2For purposes of Code chapter 101A (explosive materials),
3the bill makes changes to definitions. The bill amends the
4definition of “blasting agent” to include any material or
5mixture intended for blasting that meet the requirements of
649 C.F.R.pt.173, subpt.C (federal regulations relating to
7the transportation of hazardous materials). The definition of
8“explosive materials” is amended to include detonators.
9The bill defines “detonator” as any device containing an
10initiating or primary explosive that is used for initiating
11detonation, and includes an electric detonator of instantaneous
12or delay type, a detonator for use with safety fuses, a
13detonating cord delay connector, and a nonelectric detonator
14or instantaneous or delay type which consists of a detonating
15cord, shock tube, or any other replacement for electric leg
16wires.
17The bill defines a “destructive device” as any explosive,
18incendiary, chemical or biological poison, or poison gas which
19is any of the following: a bomb, a grenade, a rocket having a
20propellant charge of more than four ounces, a missile having
21an explosive or incendiary charge of more than one-quarter
22ounce, a mine, a booby trap, a Molotov cocktail, a bottle
23bomb, a vessel or container intentionally caused to rupture
24or mechanically explode, and any similar device, the primary
25or common purpose of which is to explode and to be used as a
26weapon against any person or property. The bill provides that
27a “destructive device” does not include: a device that is
28neither designed nor redesigned for use as a weapon to be used
29against person or property; a device, originally designed for
30use as a weapon, that is redesigned for use as a signaling,
31pyrotechnic, line-throwing, safety, or similar device; a
32surplus ordnance sold, loaned, or given by the secretary of
33the army; any device that the state fire marshal finds is not
34likely to be used as a weapon or that is an antique; or any
35device possessed under circumstances negating an intent that
-4-1the device be used as a weapon against any person or property.
2The bill provides that any person who uses fire, explosives,
3or destructive devices as defined in the bill to recklessly
4endanger the property or safety of another is guilty of a
5serious misdemeanor. A serious misdemeanor is punishable by
6confinement for no more than one year and a fine of at least
7$430 but not more than $2,560.
8The bill provides that a person who uses an explosive
9material or destructive device as defined in the bill to commit
10any public offense or who possesses an explosive material or
11destructive device during the commission of a felony is guilty
12of a class “C” felony. A class “C” felony is punishable by
13confinement for no more than 10 years and a fine of at least
14$1,370 but not more than $13,660.
15The bill amends the definition of “offensive weapon” to
16include the definition of a destructive device as defined in
17Code section 101A.1. Any unauthorized person who knowingly
18possesses an offensive weapon commits a class “D” felony. A
19class “D” felony is punishable by confinement for no more than
20five years and a fine of at least $1,025 but not more than
21$10,245.
-5-as/rh
2agents, detonators, and destructive devices, and providing
3penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 101A.1, subsections 1 and 4, Code 2023,
2are amended to read as follows:
31. “Blasting agent” means any material or mixture consisting
4of a fuel and oxidizer, intended for blasting but not otherwise
5classified as an explosive, in which none of the finished
6products as mixed and packaged for use or shipment can be
7detonated by means of a number eight test blasting cap when
8unconfined. “Blasting agent” includes any material or mixture
9intended for blasting that meets the requirements of 49 C.F.R.
10pt.173, subpt.C.
114. “Explosive materials” means explosives, or blasting
12agents, and detonators.
13 Sec. 2. Section 101A.1, Code 2023, is amended by adding the
14following new subsections:
15 NEW SUBSECTION. 2A. “Destructive device” means any of the
16following:
17a. Any explosive, incendiary, chemical or biological poison,
18or poison gas which is any of the following:
19(1) A bomb.
20(2) A grenade.
21(3) A rocket having a propellant charge of more than four
22ounces.
23(4) A missile having an explosive or incendiary charge of
24more than one-quarter ounce.
25(5) A mine.
26(6) A booby trap.
27(7) A Molotov cocktail.
28(8) A bottle bomb.
29(9) A vessel or container intentionally caused to rupture or
30mechanically explode by expanding pressure from any gas, acid,
31dry ice, or other chemical mixture.
32(10) Any similar device, the primary or common purpose of
33which is to explode and to be used as a weapon against any
34person or property.
35b. Any combination of parts designed or intended to be
-1-1converted into a destructive device as defined in paragraph “a”.
2c. The term “destructive device” does not include any of the
3following:
4(1) A device that is neither designed nor redesigned for use
5as a weapon to be used against person or property.
6(2) A device, originally designed for use as a weapon,
7that is redesigned for use as a signaling, pyrotechnic,
8line-throwing, safety, or similar device.
9(3) A surplus ordnance sold, loaned, or given by the
10secretary of the army pursuant to 10 U.S.C. §4684(2), 4685, or
114686.
12(4) Any device the state fire marshal determines is not
13likely to be used as a weapon or that is an antique.
14(5) Any device possessed under circumstances negating an
15intent that the device be used as a weapon against any person
16or property.
17 NEW SUBSECTION. 2B. “Detonator” means any device containing
18an initiating or primary explosive that is used for initiating
19detonation. Excluding ignition or delay charges, a detonator
20shall not contain more than ten grams of explosive material
21per unit. “Detonator” includes an electric detonator of
22instantaneous or delay type, a detonator for use with safety
23fuses, a detonating cord delay connector, and a nonelectric
24detonator or instantaneous or delay type which consists of
25a detonating cord, shock tube, or any other replacement for
26electric leg wires.
27 Sec. 3. Section 712.5, Code 2023, is amended by striking the
28section and inserting in lieu thereof the following:
29712.5 Reckless use of fire, explosives, or destructive
30devices.
31Any person who uses fire, explosives, or destructive
32devices, as defined in section 101A.1, to recklessly endanger
33the property or safety of another shall be guilty of a serious
34misdemeanor.
35 Sec. 4. Section 712.6, Code 2023, is amended to read as
-2-1follows:
2712.6 Explosive materials or incendiary materials or
3 destructive devices.
41. A person who possesses any incendiary or explosive device
5or material or destructive device as defined in section 101A.1
6 with the intent to use such device or material to commit a
7public offense shall be guilty of a class “C” felony.
82. a. A person who possesses any incendiary or explosive
9device or material or destructive device shall be guilty of an
10aggravated misdemeanor.
11b. This subsection does not apply to a person holding a
12valid commercial license or user’s permit issued pursuant to
13chapter 101A, provided that the person is acting within the
14scope of authority granted by the license or permit.
153. A person who, with the intent to intimidate, annoy, or
16alarm another person, places a simulated explosive or simulated
17incendiary destructive device in or near an occupied structure
18as defined in section 702.12 a place that the person knows,
19intends, or reasonably believes is likely to cause public alarm
20or inconvenience, is guilty of a serious misdemeanor.
214. A person who uses any explosive material or destructive
22device to commit any public offense or who possesses any
23explosive material or destructive device during the commission
24of a felony shall be guilty of a class “C” felony.
25 Sec. 5. Section 724.1, subsection 1, paragraph c, Code 2023,
26is amended to read as follows:
27c. A bomb, grenade, or mine, whether explosive, incendiary,
28or poison gas; any rocket having a propellant charge of more
29than four ounces; any missile having an explosive charge of
30more than one-quarter ounce; or any device similar to any of
31these A destructive device as defined in section 101A.1.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to explosive materials including blasting
-3-1agents, detonators, and destructive devices.
2For purposes of Code chapter 101A (explosive materials),
3the bill makes changes to definitions. The bill amends the
4definition of “blasting agent” to include any material or
5mixture intended for blasting that meet the requirements of
649 C.F.R.pt.173, subpt.C (federal regulations relating to
7the transportation of hazardous materials). The definition of
8“explosive materials” is amended to include detonators.
9The bill defines “detonator” as any device containing an
10initiating or primary explosive that is used for initiating
11detonation, and includes an electric detonator of instantaneous
12or delay type, a detonator for use with safety fuses, a
13detonating cord delay connector, and a nonelectric detonator
14or instantaneous or delay type which consists of a detonating
15cord, shock tube, or any other replacement for electric leg
16wires.
17The bill defines a “destructive device” as any explosive,
18incendiary, chemical or biological poison, or poison gas which
19is any of the following: a bomb, a grenade, a rocket having a
20propellant charge of more than four ounces, a missile having
21an explosive or incendiary charge of more than one-quarter
22ounce, a mine, a booby trap, a Molotov cocktail, a bottle
23bomb, a vessel or container intentionally caused to rupture
24or mechanically explode, and any similar device, the primary
25or common purpose of which is to explode and to be used as a
26weapon against any person or property. The bill provides that
27a “destructive device” does not include: a device that is
28neither designed nor redesigned for use as a weapon to be used
29against person or property; a device, originally designed for
30use as a weapon, that is redesigned for use as a signaling,
31pyrotechnic, line-throwing, safety, or similar device; a
32surplus ordnance sold, loaned, or given by the secretary of
33the army; any device that the state fire marshal finds is not
34likely to be used as a weapon or that is an antique; or any
35device possessed under circumstances negating an intent that
-4-1the device be used as a weapon against any person or property.
2The bill provides that any person who uses fire, explosives,
3or destructive devices as defined in the bill to recklessly
4endanger the property or safety of another is guilty of a
5serious misdemeanor. A serious misdemeanor is punishable by
6confinement for no more than one year and a fine of at least
7$430 but not more than $2,560.
8The bill provides that a person who uses an explosive
9material or destructive device as defined in the bill to commit
10any public offense or who possesses an explosive material or
11destructive device during the commission of a felony is guilty
12of a class “C” felony. A class “C” felony is punishable by
13confinement for no more than 10 years and a fine of at least
14$1,370 but not more than $13,660.
15The bill amends the definition of “offensive weapon” to
16include the definition of a destructive device as defined in
17Code section 101A.1. Any unauthorized person who knowingly
18possesses an offensive weapon commits a class “D” felony. A
19class “D” felony is punishable by confinement for no more than
20five years and a fine of at least $1,025 but not more than
21$10,245.
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