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House Study Bill 173 - IntroducedA Bill ForAn Act 1relating to the transferring, carrying, transportation,
2and possession of weapons by certain persons and in certain
3locations, and including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2EMPLOYER POLICIES REGARDING FIREARMS AND AMMUNITION —
3DEPARTMENT OF CORRECTIONS and other detention facilities —
4PARKING LOTS
5 Section 1. Section 719.7, subsection 3, paragraph a, Code
62023, is amended to read as follows:
7a. Knowingly introduces contraband into, or onto, the
8grounds of a secure facility for the detention or custody
9of juveniles, detention facility, jail, community-based
10correctional facility, correctional institution, or institution
11under the management of the department of corrections. This
12paragraph does not prohibit the otherwise lawful carrying,
13transportation, or possession of a firearm or ammunition if
14the firearm or ammunition remains out of sight and inside a
15locked vehicle on the real property comprising the publicly
16accessible, nonsecure parking lot of the facility, jail, or
17institution.
18 Sec. 2. NEW SECTION. 724.4F Limitation on employers —
19firearms and ammunition.
201. For purposes of this section:
21a. “Employee” means the same as defined in section 91A.2.
22“Employee” also includes a contract employee or volunteer.
23b. “Place of employment” includes any property, including
24a secure parking lot, that is used for parking motor vehicles
25and is available to an employer’s customers, employees, or
26invitees for temporary or long-term parking or storage of motor
27vehicles.
282. An employer shall not prohibit an employee from carrying,
29transporting, or possessing a firearm or ammunition if the
30firearm and ammunition are out of sight and inside a locked,
31privately owned motor vehicle on the real property comprising
32the employee’s place of employment and if the carrying,
33transportation, or possession of the firearm or ammunition is
34otherwise lawful under the laws of this state.
353. An employer, owner, or lawful possessor of the property
-1-1on which the employer is located shall be immune from any
2claim, cause of action, or lawsuit brought by any person
3seeking damages that are alleged, directly or indirectly, as a
4result of any firearm or ammunition brought onto the property
5of the employer, owner, or lawful possessor by an employee
6pursuant to this section.
74. An employer may prohibit an employee from carrying,
8transporting, or possessing a firearm or ammunition in a
9vehicle owned or leased by the employer or otherwise under the
10employer’s control or possession.
115. The prohibitions in this section shall apply to all
12private employers and to all state and local governmental
13entities of this state as defined in section 8A.101.
146. This section shall not apply to the extent that it
15violates federal or other state law or the terms of a contract
16with a federal entity.
17 Sec. 3. EFFECTIVE DATE. This division of this Act, being
18deemed of immediate importance, takes effect upon enactment.
19DIVISION II
20FIREARMS ON SCHOOL PROPERTY
21 Sec. 4. NEW SECTION. 285.17 Weapons in school vehicles
22transporting pupils.
23When transportation is provided pursuant to this chapter,
24a driver shall not permit firearms or other weapons, nor
25ammunition, to be carried in the passenger compartment of any
26school vehicle transporting pupils except when the school
27district or nonpublic school authorizes or directs a person
28to carry, transport, or possess a firearm, other weapon, or
29ammunition in the school vehicle.
30 Sec. 5. Section 724.4B, subsection 2, Code 2023, is amended
31by adding the following new paragraphs:
32 NEW PARAGRAPH. i. A person, whether a driver or passenger
33and including a person authorized or directed pursuant to
34section 285.17, while the person is dropping off or picking
35up from a school a student, staff member, or other person
-2-1having business at the school, or while the person is making
2a delivery or pickup at a school, who has in the person’s
3possession a valid permit to carry weapons issued pursuant
4to section 724.7, while going armed with, carrying, or
5transporting a concealed pistol or revolver if the concealed
6pistol or revolver remains in the vehicle and the vehicle
7remains on the portion of the grounds of the school that
8comprises its driveways and parking areas.
9 NEW PARAGRAPH. j. A person retired under chapter 97A
10or 411, or section 97B.49B or 97B.49C, after service as a
11peace officer who retired in good standing, who maintains
12certification, and who, during the most recent twelve-month
13period, has met the standards for qualifications in firearm
14safety training determined by the state agency or political
15subdivision that the person formerly served.
16 Sec. 6. EFFECTIVE DATE. This division of this Act, being
17deemed of immediate importance, takes effect upon enactment.
18DIVISION III
19dangerous WEAPONS IN VEHICLES AT REGENTS UNIVERSITIES AND
20COMMUNITY COLLEGE CAMPUSES
21 Sec. 7. NEW SECTION. 260C.14B Limitation on authority —
22dangerous weapons.
23The board of directors of a community college shall comply
24with the requirements of section 724.8C regarding policies and
25rules relating to the carrying, transportation, or possession
26of dangerous weapons, as defined in section 702.7, in a
27personal vehicle on the grounds of the community college.
28 Sec. 8. NEW SECTION. 262.9E Limitation on authority —
29dangerous weapons.
30The state board of regents shall comply with the
31requirements of section 724.8C regarding policies and rules
32relating to the carrying, transportation, or possession of
33dangerous weapons, as defined in section 702.7, in a personal
34vehicle on the grounds of a university under the control of the
35state board of regents.
-3-1 Sec. 9. NEW SECTION. 724.8C Limitation on authority —
2dangerous weapons — public universities and community colleges.
3The governing board of a university under the control
4of the state board of regents as provided in chapter 262
5or a community college under the jurisdiction of a board
6of directors for a merged area as provided in chapter 260C
7shall not adopt or enforce any policy or rule that prohibits
8the carrying, transportation, or possession of any dangerous
9weapon, as defined in section 702.7, in a personal vehicle on
10the grounds of such a college or university if the dangerous
11weapon is not visible from outside of the vehicle and such
12carrying, transportation, or possession is not otherwise
13prohibited under this chapter. A governing board of a
14university or community college shall be immune from any
15claim, cause of action, or lawsuit by a person seeking damages
16that are alleged, directly or indirectly, as a result of
17any concealed dangerous weapon brought onto the grounds of
18a university or college campus by a person pursuant to this
19section.
20DIVISION IV
21INSURANCE COVERAGE — firearms on school grounds
22 Sec. 10. NEW SECTION. 515.80 Nondenial of property and
23casualty insurance — schools.
241. For purposes of this section, unless the context
25otherwise requires:
26a. “Authorized insurer” means an insurer authorized by
27the commissioner of insurance to write property and casualty
28insurance under a certificate of authority issued by the
29commissioner to transact insurance in this state.
30b. “School” means a public or nonpublic school as defined
31in section 280.2.
322. No later than December 31, 2023, the commissioner of
33insurance shall adopt rules that prohibit an authorized insurer
34from denying property and casualty insurance to a school
35based solely on the presence of a person authorized under
-4-1section 724.4B, subsection 2, going armed with, carrying, or
2transporting a firearm on the grounds of a school.
33. The rules adopted by the commissioner of insurance under
4subsection 2 shall apply to all authorized insurers that, on or
5after January 1, 2024, deliver, issue for delivery, continue,
6or renew a property and casualty contract in this state for a
7school.
8DIVISION V
9guns IN VEHICLES ON PUBLIC HIGHWAYS
10 Sec. 11. Section 805.8B, subsection 3, paragraph q, Code
112023, is amended by striking the paragraph.
12 Sec. 12. REPEAL. Section 483A.36, Code 2023, is repealed.
13 Sec. 13. EFFECTIVE DATE. This division of this Act, being
14deemed of immediate importance, takes effect upon enactment.
15DIVISION VI
16suspension and revocation of permits
17 Sec. 14. Section 724.13, subsection 1, Code 2023, is amended
18to read as follows:
191. An issuing officer who finds that a person issued a
20permit to carry weapons under this chapter has been arrested
21for a disqualifying offense or is the subject of proceedings
22that could lead to the person’s ineligibility for such permit
23may immediately suspend such permit. An issuing officer
24proceeding under this section shall immediately notify
25the permit holder of the suspension by personal service or
26certified mail on a form prescribed and published by the
27commissioner of public safety and the suspension shall become
28effective upon the permit holder’s receipt of such notice. If
29the suspension is based on an arrest or a proceeding that does
30not result in a disqualifying conviction or finding against
31the permit holder, the issuing officer shall immediately
32reinstate the permit upon receipt of proof of the matter’s
33final disposition. If the arrest leads to a disqualifying
34conviction or the proceedings to a disqualifying finding, the
35issuing officer shall revoke the permit. The issuing officer
-5-1may also revoke the permit of a person whom the issuing officer
2later finds was not qualified for such a permit at the time
3of issuance or who whom the officer finds provided materially
4false information on the permit application. A person
5aggrieved by a suspension or revocation under this section may
6seek review of the decision pursuant to section 724.21A.
7 Sec. 15. Section 724.15, subsection 3, Code 2023, is amended
8to read as follows:
93. An issuing officer who finds that a person issued a
10permit to acquire pistols or revolvers under this chapter has
11been arrested for a disqualifying offense or is the subject of
12proceedings that could lead to the person’s ineligibility for
13such permit may immediately suspend such permit. An issuing
14officer proceeding under this subsection shall immediately
15notify the permit holder of the suspension by personal service
16or certified mail on a form prescribed and published by the
17commissioner of public safety and the suspension shall become
18effective upon the permit holder’s receipt of such notice. If
19the suspension is based on an arrest or a proceeding that does
20not result in a disqualifying conviction or finding against
21the permit holder, the issuing officer shall immediately
22reinstate the permit upon receipt of proof of the matter’s
23final disposition. If the arrest leads to a disqualifying
24conviction or the proceedings to a disqualifying finding, the
25issuing officer shall revoke the permit. The issuing officer
26may also revoke the permit of a person whom the issuing officer
27later finds was not qualified for such a permit at the time of
28issuance or whom the officer finds provided materially false
29information on the permit application. A person aggrieved by a
30suspension or revocation under this subsection may seek review
31of the decision pursuant to section 724.21A.
32DIVISION VII
33CARRYING WEAPONS ON STATE FAIRGROUNDS
34 Sec. 16. NEW SECTION. 724.33 Carrying weapons on state
35fairgrounds.
-6- 1The state fair board established in chapter 173 may restrict
2the carrying, possession, or transportation of firearms or
3other dangerous weapons on property under the state fair
4board’s control if adequate arrangements are made by the state
5fair board to screen persons for firearms or other dangerous
6weapons and the state fair board provides armed security
7personnel on the property where the restriction is to be in
8effect.
9DIVISION VIII
10CARRYING FIREARMS ON SNOWMOBILES AND ALL-TERRAIN VEHICLES
11 Sec. 17. Section 321G.13, subsection 2, Code 2023, is
12amended to read as follows:
132. a. A person shall not operate or ride a snowmobile with
14a firearm in the person’s possession unless it is unloaded and
15enclosed in a carrying case, except as otherwise provided.
16However, a nonambulatory person may carry an uncased and
17unloaded firearm while operating or riding a snowmobile.
18b. (1) A person may operate or ride a snowmobile with a
19loaded firearm, whether concealed or not, without a permit to
20carry weapons, if the person operates or rides on land owned,
21possessed, or rented by the person and the person’s conduct is
22otherwise lawful.
23(2) A person may operate or ride a snowmobile with a loaded
24pistol or revolver, whether concealed or not, if the person is
25operating or riding the snowmobile on land that is not owned,
26possessed, or rented by the person, and the person’s conduct is
27otherwise lawful.
28c. A person shall not discharge a firearm while on a
29snowmobile, except that a nonambulatory person may discharge a
30firearm from a snowmobile while lawfully hunting if the person
31is not operating or riding a moving snowmobile.
32 Sec. 18. Section 321I.14, subsection 2, Code 2023, is
33amended to read as follows:
342. a. A person shall not operate or ride an all-terrain
35vehicle with a firearm in the person’s possession unless it is
-7-1unloaded and enclosed in a carrying case, except as otherwise
2provided. However, a nonambulatory person may carry an uncased
3and unloaded firearm while operating or riding an all-terrain
4vehicle.
5b. (1) A person may operate or ride an all-terrain vehicle
6with a loaded firearm, whether concealed or not, without a
7permit to carry weapons, if the person operates or rides on
8land owned, possessed, or rented by the person and the person’s
9conduct is otherwise lawful.
10(2) A person may operate or ride an all-terrain vehicle with
11a loaded pistol or revolver, whether concealed or not, if the
12person is operating or riding the all-terrain vehicle on land
13that is not owned, possessed, or rented by the person, and the
14person’s conduct is otherwise lawful.
15c. A person shall not discharge a firearm while on an
16all-terrain vehicle, except that a nonambulatory person may
17discharge a firearm from an all-terrain vehicle while lawfully
18hunting if the person is not operating or riding a moving
19all-terrain vehicle.
20 Sec. 19. EFFECTIVE DATE. This division of this Act, being
21deemed of immediate importance, takes effect upon enactment.
22DIVISION IX
23FIREARMS ON PROPERTIES LICENSED TO CONDUCT GAMBLING GAMES OR
24SPORTS WAGERING
25 Sec. 20. NEW SECTION. 99D.7A Limitations on rules.
26Rules adopted pursuant to section 99D.7 shall not prohibit
27a licensee from authorizing a person to possess a firearm on
28the licensee’s property. This subsection does not prohibit
29a licensee from adopting a policy limiting the possession of
30firearms on the licensee’s property.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to the transferring, carrying,
35transportation, and possession of weapons by certain persons
-8-1and in certain locations. The bill is organized by divisions.
2DIVISION I — EMPLOYER POLICIES REGARDING FIREARMS AND
3AMMUNITION — DEPARTMENT OF CORRECTIONS AND OTHER DETENTION
4FACILITIES — PARKING LOTS. The bill provides that the current
5prohibition against introducing contraband into, or onto,
6the grounds of certain facilities and institutions under the
7jurisdiction of the department of corrections does not apply to
8the otherwise lawful carrying, transportation, or possession of
9a firearm or ammunition if the firearm or ammunition remains
10out of sight and inside a locked vehicle on the real property
11comprising the publicly accessible, nonsecure parking lot of
12the secure facility, jail, or institution.
13The bill prohibits an employer from prohibiting an employee
14from carrying, possessing, or transporting a firearm or
15ammunition on the real property comprising the employee’s place
16of employment if the firearm or ammunition is out of sight
17and inside a locked, privately owned motor vehicle and if the
18carrying, transportation, or possession of the firearm or
19ammunition is otherwise lawful under the laws of this state.
20The bill defines “employee”, which includes a contract employee
21or volunteer. The bill provides that an employer, owner,
22or lawful possessor of the property on which the employer
23is located is immune from any claim, cause of action, or
24lawsuit seeking damages alleged as a result of any firearm
25brought onto the property of the employer, owner, or lawful
26possessor on which the employer is located by an employee. The
27bill provides situations for which an employer may prohibit
28the carrying, transportation, or possession of firearms and
29ammunition.
30This division of the bill takes effect upon enactment.
31DIVISION II — FIREARMS ON SCHOOL PROPERTY. Under
32current administrative rules, the driver of a school vehicle
33transporting pupils shall not permit firearms or other weapons,
34nor ammunition, to be carried in the passenger compartment.
35The bill allows a school district or nonpublic school to
-9-1authorize or direct a person to carry, transport, or possess a
2firearm, other weapon, or ammunition in a school vehicle.
3Current law generally prohibits a person from going
4armed with, carrying, or transporting a firearm of any kind,
5whether concealed or not, on the grounds of a school. The
6bill authorizes a person, whether a driver or passenger and
7including a person authorized or directed pursuant to the bill,
8while the person is dropping off or picking up from a school a
9student, staff member, or other person having business at the
10school, or while the person is making a delivery or pickup at a
11school, who has in the person’s possession a valid permit to
12carry weapons to go armed with, carry, or transport a concealed
13pistol or revolver on school grounds if the concealed pistol
14or revolver remains in the vehicle and the vehicle remains
15on the portion of the grounds of the school that comprises
16its driveways and parking areas. The bill also authorizes a
17retired peace officer to go armed with, carry, or transport
18a firearm on the grounds of a school if the retired peace
19officer retired in good standing, maintains certification, and,
20during the most recent 12-month period, has met the standards
21for qualifications in firearm safety training determined by
22the state agency or political subdivision that the individual
23formerly served.
24This division of the bill takes effect upon enactment.
25DIVISION III — DANGEROUS WEAPONS IN VEHICLES AT REGENTS
26UNIVERSITIES AND COMMUNITY COLLEGE CAMPUSES. The bill provides
27that the governing board of a university under the control of
28the state board of regents as provided in Code chapter 262
29or a community college under the jurisdiction of a board of
30directors for a merged area as provided in Code chapter 260C
31shall not adopt or enforce any policy or rule that prohibits
32the carrying, transportation, or possession of any dangerous
33weapon, as defined in Code section 702.7, in a personal vehicle
34on the grounds of such a college or university if the dangerous
35weapon is not visible from outside of the vehicle and such
-10-1carrying, transportation, or possession is not otherwise
2prohibited under Code chapter 724.
3A dangerous weapon is any instrument or device designed
4primarily for use in inflicting death or injury upon a human
5being or animal, and that is capable of inflicting death upon a
6human being when used in the manner for which it was designed,
7except a bow and arrow when possessed and used for hunting or
8any other lawful purpose. Additionally, any instrument or
9device of any sort whatsoever that is actually used in such a
10manner as to indicate that the defendant intends to inflict
11death or serious injury upon the other, and that, when so
12used, is capable of inflicting death upon a human being, is a
13dangerous weapon. Dangerous weapons, as amended in the bill,
14include but are not limited to any pistol, revolver, or other
15firearm, dagger, razor, stiletto, switchblade knife, knife
16having a blade exceeding five inches in length, or any portable
17device or weapon directing an electric current, impulse,
18wave, or beam that produces a high-voltage pulse designed to
19immobilize a person.
20DIVISION IV — INSURANCE COVERAGE — FIREARMS ON SCHOOL
21GROUNDS. The bill requires the commissioner of insurance to
22adopt rules no later than December 31, 2023, to prohibit an
23authorized insurer from denying property or casualty insurance
24to a school based solely on the presence of a person who
25lawfully goes armed with, carries, or transports a firearm on
26the grounds of a school.
27DIVISION V — GUNS IN VEHICLES ON PUBLIC HIGHWAYS. Unless
28otherwise permitted by law, current law generally prohibits
29a person from having or carrying a gun in or on a vehicle
30on a public highway unless the gun is taken down or totally
31contained in a fastened case and with its barrels and attached
32magazines unloaded. A person conveying an assembled, unloaded
33gun is subject to a scheduled fine of $35. A person conveying
34a loaded gun is subject to a scheduled fine of $70. The bill
35repeals the prohibition and strikes the associated scheduled
-11-1fines.
2This division of the bill takes effect upon enactment.
3DIVISION VI — SUSPENSION AND REVOCATION OF PERMITS. Under
4current law, an issuing officer who finds that a person issued
5a permit to carry weapons or a permit to acquire pistols
6or revolvers has been arrested for a disqualifying offense
7or is the subject of proceedings that could lead to the
8person’s ineligibility for such permit may immediately suspend
9such permit. If the suspension is based on an arrest or a
10proceeding that does not result in a disqualifying conviction
11or finding against the permit holder, the issuing officer
12shall immediately reinstate the permit upon receipt of proof
13of the matter’s final disposition. If the arrest leads to a
14disqualifying conviction or the proceedings to a disqualifying
15finding, the issuing officer shall revoke the permit. The bill
16strikes the provisions requiring an officer to immediately
17reinstate or revoke a permit.
18DIVISION VII — CARRYING WEAPONS ON STATE FAIRGROUNDS.
19 The bill provides that the state fair board may restrict the
20carrying, possession, or transportation of firearms or other
21dangerous weapons on property under the state fair board’s
22control if adequate arrangements are made by the state fair
23board to screen persons for firearms or other dangerous weapons
24and the state fair board provides armed security personnel on
25the property where the restriction is to be in effect.
26DIVISION VIII — CARRYING FIREARMS ON SNOWMOBILES AND
27ALL-TERRAIN VEHICLES. Current law prohibits a person from
28operating or riding a snowmobile or all-terrain vehicle with a
29loaded firearm in the person’s possession unless the person is
30operating or riding the snowmobile or all-terrain vehicle on
31land that is owned, possessed, or rented by the person, and the
32person’s conduct is otherwise lawful. Additionally, a person
33may operate or ride a snowmobile or all-terrain vehicle with a
34loaded pistol or revolver on land that is not owned, possessed,
35or rented by the person if the person’s conduct is otherwise
-12-1lawful. The bill strikes these prohibitions and exceptions.
2This division of the bill takes effect upon enactment.
3DIVISION IX — FIREARMS ON PROPERTIES LICENSED TO CONDUCT
4GAMBLING GAMES OR SPORTS WAGERING. Current administrative
5rules prevent a patron or employee of a facility licensed to
6conduct gambling games or sports wagering from possessing any
7pistol or firearm within the licensed facility without the
8express written approval of the administrator of the racing
9and gaming commission (commission). The bill provides that
10the administrative rules adopted by the commission shall not
11prohibit a licensee from authorizing a person to possess a
12firearm on the licensee’s property. The bill does not prohibit
13a licensee from adopting a policy limiting the possession of
14firearms on the licensee’s property.
-13-js/rh
2and possession of weapons by certain persons and in certain
3locations, and including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2EMPLOYER POLICIES REGARDING FIREARMS AND AMMUNITION —
3DEPARTMENT OF CORRECTIONS and other detention facilities —
4PARKING LOTS
5 Section 1. Section 719.7, subsection 3, paragraph a, Code
62023, is amended to read as follows:
7a. Knowingly introduces contraband into, or onto, the
8grounds of a secure facility for the detention or custody
9of juveniles, detention facility, jail, community-based
10correctional facility, correctional institution, or institution
11under the management of the department of corrections. This
12paragraph does not prohibit the otherwise lawful carrying,
13transportation, or possession of a firearm or ammunition if
14the firearm or ammunition remains out of sight and inside a
15locked vehicle on the real property comprising the publicly
16accessible, nonsecure parking lot of the facility, jail, or
17institution.
18 Sec. 2. NEW SECTION. 724.4F Limitation on employers —
19firearms and ammunition.
201. For purposes of this section:
21a. “Employee” means the same as defined in section 91A.2.
22“Employee” also includes a contract employee or volunteer.
23b. “Place of employment” includes any property, including
24a secure parking lot, that is used for parking motor vehicles
25and is available to an employer’s customers, employees, or
26invitees for temporary or long-term parking or storage of motor
27vehicles.
282. An employer shall not prohibit an employee from carrying,
29transporting, or possessing a firearm or ammunition if the
30firearm and ammunition are out of sight and inside a locked,
31privately owned motor vehicle on the real property comprising
32the employee’s place of employment and if the carrying,
33transportation, or possession of the firearm or ammunition is
34otherwise lawful under the laws of this state.
353. An employer, owner, or lawful possessor of the property
-1-1on which the employer is located shall be immune from any
2claim, cause of action, or lawsuit brought by any person
3seeking damages that are alleged, directly or indirectly, as a
4result of any firearm or ammunition brought onto the property
5of the employer, owner, or lawful possessor by an employee
6pursuant to this section.
74. An employer may prohibit an employee from carrying,
8transporting, or possessing a firearm or ammunition in a
9vehicle owned or leased by the employer or otherwise under the
10employer’s control or possession.
115. The prohibitions in this section shall apply to all
12private employers and to all state and local governmental
13entities of this state as defined in section 8A.101.
146. This section shall not apply to the extent that it
15violates federal or other state law or the terms of a contract
16with a federal entity.
17 Sec. 3. EFFECTIVE DATE. This division of this Act, being
18deemed of immediate importance, takes effect upon enactment.
19DIVISION II
20FIREARMS ON SCHOOL PROPERTY
21 Sec. 4. NEW SECTION. 285.17 Weapons in school vehicles
22transporting pupils.
23When transportation is provided pursuant to this chapter,
24a driver shall not permit firearms or other weapons, nor
25ammunition, to be carried in the passenger compartment of any
26school vehicle transporting pupils except when the school
27district or nonpublic school authorizes or directs a person
28to carry, transport, or possess a firearm, other weapon, or
29ammunition in the school vehicle.
30 Sec. 5. Section 724.4B, subsection 2, Code 2023, is amended
31by adding the following new paragraphs:
32 NEW PARAGRAPH. i. A person, whether a driver or passenger
33and including a person authorized or directed pursuant to
34section 285.17, while the person is dropping off or picking
35up from a school a student, staff member, or other person
-2-1having business at the school, or while the person is making
2a delivery or pickup at a school, who has in the person’s
3possession a valid permit to carry weapons issued pursuant
4to section 724.7, while going armed with, carrying, or
5transporting a concealed pistol or revolver if the concealed
6pistol or revolver remains in the vehicle and the vehicle
7remains on the portion of the grounds of the school that
8comprises its driveways and parking areas.
9 NEW PARAGRAPH. j. A person retired under chapter 97A
10or 411, or section 97B.49B or 97B.49C, after service as a
11peace officer who retired in good standing, who maintains
12certification, and who, during the most recent twelve-month
13period, has met the standards for qualifications in firearm
14safety training determined by the state agency or political
15subdivision that the person formerly served.
16 Sec. 6. EFFECTIVE DATE. This division of this Act, being
17deemed of immediate importance, takes effect upon enactment.
18DIVISION III
19dangerous WEAPONS IN VEHICLES AT REGENTS UNIVERSITIES AND
20COMMUNITY COLLEGE CAMPUSES
21 Sec. 7. NEW SECTION. 260C.14B Limitation on authority —
22dangerous weapons.
23The board of directors of a community college shall comply
24with the requirements of section 724.8C regarding policies and
25rules relating to the carrying, transportation, or possession
26of dangerous weapons, as defined in section 702.7, in a
27personal vehicle on the grounds of the community college.
28 Sec. 8. NEW SECTION. 262.9E Limitation on authority —
29dangerous weapons.
30The state board of regents shall comply with the
31requirements of section 724.8C regarding policies and rules
32relating to the carrying, transportation, or possession of
33dangerous weapons, as defined in section 702.7, in a personal
34vehicle on the grounds of a university under the control of the
35state board of regents.
-3-1 Sec. 9. NEW SECTION. 724.8C Limitation on authority —
2dangerous weapons — public universities and community colleges.
3The governing board of a university under the control
4of the state board of regents as provided in chapter 262
5or a community college under the jurisdiction of a board
6of directors for a merged area as provided in chapter 260C
7shall not adopt or enforce any policy or rule that prohibits
8the carrying, transportation, or possession of any dangerous
9weapon, as defined in section 702.7, in a personal vehicle on
10the grounds of such a college or university if the dangerous
11weapon is not visible from outside of the vehicle and such
12carrying, transportation, or possession is not otherwise
13prohibited under this chapter. A governing board of a
14university or community college shall be immune from any
15claim, cause of action, or lawsuit by a person seeking damages
16that are alleged, directly or indirectly, as a result of
17any concealed dangerous weapon brought onto the grounds of
18a university or college campus by a person pursuant to this
19section.
20DIVISION IV
21INSURANCE COVERAGE — firearms on school grounds
22 Sec. 10. NEW SECTION. 515.80 Nondenial of property and
23casualty insurance — schools.
241. For purposes of this section, unless the context
25otherwise requires:
26a. “Authorized insurer” means an insurer authorized by
27the commissioner of insurance to write property and casualty
28insurance under a certificate of authority issued by the
29commissioner to transact insurance in this state.
30b. “School” means a public or nonpublic school as defined
31in section 280.2.
322. No later than December 31, 2023, the commissioner of
33insurance shall adopt rules that prohibit an authorized insurer
34from denying property and casualty insurance to a school
35based solely on the presence of a person authorized under
-4-1section 724.4B, subsection 2, going armed with, carrying, or
2transporting a firearm on the grounds of a school.
33. The rules adopted by the commissioner of insurance under
4subsection 2 shall apply to all authorized insurers that, on or
5after January 1, 2024, deliver, issue for delivery, continue,
6or renew a property and casualty contract in this state for a
7school.
8DIVISION V
9guns IN VEHICLES ON PUBLIC HIGHWAYS
10 Sec. 11. Section 805.8B, subsection 3, paragraph q, Code
112023, is amended by striking the paragraph.
12 Sec. 12. REPEAL. Section 483A.36, Code 2023, is repealed.
13 Sec. 13. EFFECTIVE DATE. This division of this Act, being
14deemed of immediate importance, takes effect upon enactment.
15DIVISION VI
16suspension and revocation of permits
17 Sec. 14. Section 724.13, subsection 1, Code 2023, is amended
18to read as follows:
191. An issuing officer who finds that a person issued a
20permit to carry weapons under this chapter has been arrested
21for a disqualifying offense or is the subject of proceedings
22that could lead to the person’s ineligibility for such permit
23may immediately suspend such permit. An issuing officer
24proceeding under this section shall immediately notify
25the permit holder of the suspension by personal service or
26certified mail on a form prescribed and published by the
27commissioner of public safety and the suspension shall become
28effective upon the permit holder’s receipt of such notice. If
29the suspension is based on an arrest or a proceeding that does
30not result in a disqualifying conviction or finding against
31the permit holder, the issuing officer shall immediately
32reinstate the permit upon receipt of proof of the matter’s
33final disposition. If the arrest leads to a disqualifying
34conviction or the proceedings to a disqualifying finding, the
35issuing officer shall revoke the permit. The issuing officer
-5-1may also revoke the permit of a person whom the issuing officer
2later finds was not qualified for such a permit at the time
3of issuance or who whom the officer finds provided materially
4false information on the permit application. A person
5aggrieved by a suspension or revocation under this section may
6seek review of the decision pursuant to section 724.21A.
7 Sec. 15. Section 724.15, subsection 3, Code 2023, is amended
8to read as follows:
93. An issuing officer who finds that a person issued a
10permit to acquire pistols or revolvers under this chapter has
11been arrested for a disqualifying offense or is the subject of
12proceedings that could lead to the person’s ineligibility for
13such permit may immediately suspend such permit. An issuing
14officer proceeding under this subsection shall immediately
15notify the permit holder of the suspension by personal service
16or certified mail on a form prescribed and published by the
17commissioner of public safety and the suspension shall become
18effective upon the permit holder’s receipt of such notice. If
19the suspension is based on an arrest or a proceeding that does
20not result in a disqualifying conviction or finding against
21the permit holder, the issuing officer shall immediately
22reinstate the permit upon receipt of proof of the matter’s
23final disposition. If the arrest leads to a disqualifying
24conviction or the proceedings to a disqualifying finding, the
25issuing officer shall revoke the permit. The issuing officer
26may also revoke the permit of a person whom the issuing officer
27later finds was not qualified for such a permit at the time of
28issuance or whom the officer finds provided materially false
29information on the permit application. A person aggrieved by a
30suspension or revocation under this subsection may seek review
31of the decision pursuant to section 724.21A.
32DIVISION VII
33CARRYING WEAPONS ON STATE FAIRGROUNDS
34 Sec. 16. NEW SECTION. 724.33 Carrying weapons on state
35fairgrounds.
-6- 1The state fair board established in chapter 173 may restrict
2the carrying, possession, or transportation of firearms or
3other dangerous weapons on property under the state fair
4board’s control if adequate arrangements are made by the state
5fair board to screen persons for firearms or other dangerous
6weapons and the state fair board provides armed security
7personnel on the property where the restriction is to be in
8effect.
9DIVISION VIII
10CARRYING FIREARMS ON SNOWMOBILES AND ALL-TERRAIN VEHICLES
11 Sec. 17. Section 321G.13, subsection 2, Code 2023, is
12amended to read as follows:
132. a. A person shall not operate or ride a snowmobile with
14a firearm in the person’s possession unless it is unloaded and
15enclosed in a carrying case, except as otherwise provided.
16However, a nonambulatory person may carry an uncased and
17unloaded firearm while operating or riding a snowmobile.
18b. (1) A person may operate or ride a snowmobile with a
19loaded firearm, whether concealed or not, without a permit to
20carry weapons, if the person operates or rides on land owned,
21possessed, or rented by the person and the person’s conduct is
22otherwise lawful.
23(2) A person may operate or ride a snowmobile with a loaded
24pistol or revolver, whether concealed or not, if the person is
25operating or riding the snowmobile on land that is not owned,
26possessed, or rented by the person, and the person’s conduct is
27otherwise lawful.
28c. A person shall not discharge a firearm while on a
29snowmobile, except that a nonambulatory person may discharge a
30firearm from a snowmobile while lawfully hunting if the person
31is not operating or riding a moving snowmobile.
32 Sec. 18. Section 321I.14, subsection 2, Code 2023, is
33amended to read as follows:
342. a. A person shall not operate or ride an all-terrain
35vehicle with a firearm in the person’s possession unless it is
-7-1unloaded and enclosed in a carrying case, except as otherwise
2provided. However, a nonambulatory person may carry an uncased
3and unloaded firearm while operating or riding an all-terrain
4vehicle.
5b. (1) A person may operate or ride an all-terrain vehicle
6with a loaded firearm, whether concealed or not, without a
7permit to carry weapons, if the person operates or rides on
8land owned, possessed, or rented by the person and the person’s
9conduct is otherwise lawful.
10(2) A person may operate or ride an all-terrain vehicle with
11a loaded pistol or revolver, whether concealed or not, if the
12person is operating or riding the all-terrain vehicle on land
13that is not owned, possessed, or rented by the person, and the
14person’s conduct is otherwise lawful.
15c. A person shall not discharge a firearm while on an
16all-terrain vehicle, except that a nonambulatory person may
17discharge a firearm from an all-terrain vehicle while lawfully
18hunting if the person is not operating or riding a moving
19all-terrain vehicle.
20 Sec. 19. EFFECTIVE DATE. This division of this Act, being
21deemed of immediate importance, takes effect upon enactment.
22DIVISION IX
23FIREARMS ON PROPERTIES LICENSED TO CONDUCT GAMBLING GAMES OR
24SPORTS WAGERING
25 Sec. 20. NEW SECTION. 99D.7A Limitations on rules.
26Rules adopted pursuant to section 99D.7 shall not prohibit
27a licensee from authorizing a person to possess a firearm on
28the licensee’s property. This subsection does not prohibit
29a licensee from adopting a policy limiting the possession of
30firearms on the licensee’s property.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to the transferring, carrying,
35transportation, and possession of weapons by certain persons
-8-1and in certain locations. The bill is organized by divisions.
2DIVISION I — EMPLOYER POLICIES REGARDING FIREARMS AND
3AMMUNITION — DEPARTMENT OF CORRECTIONS AND OTHER DETENTION
4FACILITIES — PARKING LOTS. The bill provides that the current
5prohibition against introducing contraband into, or onto,
6the grounds of certain facilities and institutions under the
7jurisdiction of the department of corrections does not apply to
8the otherwise lawful carrying, transportation, or possession of
9a firearm or ammunition if the firearm or ammunition remains
10out of sight and inside a locked vehicle on the real property
11comprising the publicly accessible, nonsecure parking lot of
12the secure facility, jail, or institution.
13The bill prohibits an employer from prohibiting an employee
14from carrying, possessing, or transporting a firearm or
15ammunition on the real property comprising the employee’s place
16of employment if the firearm or ammunition is out of sight
17and inside a locked, privately owned motor vehicle and if the
18carrying, transportation, or possession of the firearm or
19ammunition is otherwise lawful under the laws of this state.
20The bill defines “employee”, which includes a contract employee
21or volunteer. The bill provides that an employer, owner,
22or lawful possessor of the property on which the employer
23is located is immune from any claim, cause of action, or
24lawsuit seeking damages alleged as a result of any firearm
25brought onto the property of the employer, owner, or lawful
26possessor on which the employer is located by an employee. The
27bill provides situations for which an employer may prohibit
28the carrying, transportation, or possession of firearms and
29ammunition.
30This division of the bill takes effect upon enactment.
31DIVISION II — FIREARMS ON SCHOOL PROPERTY. Under
32current administrative rules, the driver of a school vehicle
33transporting pupils shall not permit firearms or other weapons,
34nor ammunition, to be carried in the passenger compartment.
35The bill allows a school district or nonpublic school to
-9-1authorize or direct a person to carry, transport, or possess a
2firearm, other weapon, or ammunition in a school vehicle.
3Current law generally prohibits a person from going
4armed with, carrying, or transporting a firearm of any kind,
5whether concealed or not, on the grounds of a school. The
6bill authorizes a person, whether a driver or passenger and
7including a person authorized or directed pursuant to the bill,
8while the person is dropping off or picking up from a school a
9student, staff member, or other person having business at the
10school, or while the person is making a delivery or pickup at a
11school, who has in the person’s possession a valid permit to
12carry weapons to go armed with, carry, or transport a concealed
13pistol or revolver on school grounds if the concealed pistol
14or revolver remains in the vehicle and the vehicle remains
15on the portion of the grounds of the school that comprises
16its driveways and parking areas. The bill also authorizes a
17retired peace officer to go armed with, carry, or transport
18a firearm on the grounds of a school if the retired peace
19officer retired in good standing, maintains certification, and,
20during the most recent 12-month period, has met the standards
21for qualifications in firearm safety training determined by
22the state agency or political subdivision that the individual
23formerly served.
24This division of the bill takes effect upon enactment.
25DIVISION III — DANGEROUS WEAPONS IN VEHICLES AT REGENTS
26UNIVERSITIES AND COMMUNITY COLLEGE CAMPUSES. The bill provides
27that the governing board of a university under the control of
28the state board of regents as provided in Code chapter 262
29or a community college under the jurisdiction of a board of
30directors for a merged area as provided in Code chapter 260C
31shall not adopt or enforce any policy or rule that prohibits
32the carrying, transportation, or possession of any dangerous
33weapon, as defined in Code section 702.7, in a personal vehicle
34on the grounds of such a college or university if the dangerous
35weapon is not visible from outside of the vehicle and such
-10-1carrying, transportation, or possession is not otherwise
2prohibited under Code chapter 724.
3A dangerous weapon is any instrument or device designed
4primarily for use in inflicting death or injury upon a human
5being or animal, and that is capable of inflicting death upon a
6human being when used in the manner for which it was designed,
7except a bow and arrow when possessed and used for hunting or
8any other lawful purpose. Additionally, any instrument or
9device of any sort whatsoever that is actually used in such a
10manner as to indicate that the defendant intends to inflict
11death or serious injury upon the other, and that, when so
12used, is capable of inflicting death upon a human being, is a
13dangerous weapon. Dangerous weapons, as amended in the bill,
14include but are not limited to any pistol, revolver, or other
15firearm, dagger, razor, stiletto, switchblade knife, knife
16having a blade exceeding five inches in length, or any portable
17device or weapon directing an electric current, impulse,
18wave, or beam that produces a high-voltage pulse designed to
19immobilize a person.
20DIVISION IV — INSURANCE COVERAGE — FIREARMS ON SCHOOL
21GROUNDS. The bill requires the commissioner of insurance to
22adopt rules no later than December 31, 2023, to prohibit an
23authorized insurer from denying property or casualty insurance
24to a school based solely on the presence of a person who
25lawfully goes armed with, carries, or transports a firearm on
26the grounds of a school.
27DIVISION V — GUNS IN VEHICLES ON PUBLIC HIGHWAYS. Unless
28otherwise permitted by law, current law generally prohibits
29a person from having or carrying a gun in or on a vehicle
30on a public highway unless the gun is taken down or totally
31contained in a fastened case and with its barrels and attached
32magazines unloaded. A person conveying an assembled, unloaded
33gun is subject to a scheduled fine of $35. A person conveying
34a loaded gun is subject to a scheduled fine of $70. The bill
35repeals the prohibition and strikes the associated scheduled
-11-1fines.
2This division of the bill takes effect upon enactment.
3DIVISION VI — SUSPENSION AND REVOCATION OF PERMITS. Under
4current law, an issuing officer who finds that a person issued
5a permit to carry weapons or a permit to acquire pistols
6or revolvers has been arrested for a disqualifying offense
7or is the subject of proceedings that could lead to the
8person’s ineligibility for such permit may immediately suspend
9such permit. If the suspension is based on an arrest or a
10proceeding that does not result in a disqualifying conviction
11or finding against the permit holder, the issuing officer
12shall immediately reinstate the permit upon receipt of proof
13of the matter’s final disposition. If the arrest leads to a
14disqualifying conviction or the proceedings to a disqualifying
15finding, the issuing officer shall revoke the permit. The bill
16strikes the provisions requiring an officer to immediately
17reinstate or revoke a permit.
18DIVISION VII — CARRYING WEAPONS ON STATE FAIRGROUNDS.
19 The bill provides that the state fair board may restrict the
20carrying, possession, or transportation of firearms or other
21dangerous weapons on property under the state fair board’s
22control if adequate arrangements are made by the state fair
23board to screen persons for firearms or other dangerous weapons
24and the state fair board provides armed security personnel on
25the property where the restriction is to be in effect.
26DIVISION VIII — CARRYING FIREARMS ON SNOWMOBILES AND
27ALL-TERRAIN VEHICLES. Current law prohibits a person from
28operating or riding a snowmobile or all-terrain vehicle with a
29loaded firearm in the person’s possession unless the person is
30operating or riding the snowmobile or all-terrain vehicle on
31land that is owned, possessed, or rented by the person, and the
32person’s conduct is otherwise lawful. Additionally, a person
33may operate or ride a snowmobile or all-terrain vehicle with a
34loaded pistol or revolver on land that is not owned, possessed,
35or rented by the person if the person’s conduct is otherwise
-12-1lawful. The bill strikes these prohibitions and exceptions.
2This division of the bill takes effect upon enactment.
3DIVISION IX — FIREARMS ON PROPERTIES LICENSED TO CONDUCT
4GAMBLING GAMES OR SPORTS WAGERING. Current administrative
5rules prevent a patron or employee of a facility licensed to
6conduct gambling games or sports wagering from possessing any
7pistol or firearm within the licensed facility without the
8express written approval of the administrator of the racing
9and gaming commission (commission). The bill provides that
10the administrative rules adopted by the commission shall not
11prohibit a licensee from authorizing a person to possess a
12firearm on the licensee’s property. The bill does not prohibit
13a licensee from adopting a policy limiting the possession of
14firearms on the licensee’s property.
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