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House File 202 - EnrolledAn Actrelating to explosive materials including blasting
agents, detonators, and destructive devices, providing
penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 101A.1, subsections 1 and 4, Code 2023,
are amended to read as follows:
1. “Blasting agent” means any material or mixture consisting
of a fuel and oxidizer, intended for blasting but not otherwise
classified as an explosive, in which none of the finished
products as mixed and packaged for use or shipment can be
detonated by means of a number eight test blasting cap when
unconfined. “Blasting agent” includes any material or mixture
intended for blasting that meets the requirements of 49 C.F.R.
pt.173, subpt.C.
4. “Explosive materials” means explosives, or blasting
agents, and detonators.
Sec. 2. Section 101A.1, Code 2023, is amended by adding the
following new subsections:
NEW SUBSECTION. 2A. “Destructive device” means any of the
following:
a. Any explosive, incendiary, chemical or biological poison,
or poison gas which is any of the following:
(1) A bomb.
(2) A grenade.
(3) A rocket having a propellant charge of more than four
ounces.
(4) A missile having an explosive or incendiary charge of
more than one-quarter ounce.
(5) A mine.
(6) A booby trap.
(7) A Molotov cocktail.
(8) A bottle bomb.
(9) A vessel or container intentionally caused to rupture or
mechanically explode by expanding pressure from any gas, acid,
dry ice, or other chemical mixture.
(10) Any similar device, the primary or common purpose of
which is to explode and to be used as a weapon against any
person or property.
b. Any combination of parts designed or intended to be
-1-converted into a destructive device as defined in paragraph “a”.
c. The term “destructive device” does not include any of the
following:
(1) A device that is neither designed nor redesigned for use
as a weapon to be used against person or property.
(2) A device, originally designed for use as a weapon,
that is redesigned for use as a signaling, pyrotechnic,
line-throwing, safety, or similar device.
(3) A surplus ordnance sold, loaned, or given by the
secretary of the army pursuant to 10 U.S.C. §4684(2), 4685, or
4686.
(4) Any device the state fire marshal determines is not
likely to be used as a weapon or that is an antique.
(5) Any device possessed under circumstances negating an
intent that the device be used as a weapon against any person
or property.
NEW SUBSECTION. 2B. “Detonator” means any device containing
an initiating or primary explosive that is used for initiating
detonation. Excluding ignition or delay charges, a detonator
shall not contain more than ten grams of explosive material
per unit. “Detonator” includes an electric detonator of
instantaneous or delay type, a detonator for use with safety
fuses, a detonating cord delay connector, and a nonelectric
detonator or instantaneous or delay type which consists of
a detonating cord, shock tube, or any other replacement for
electric leg wires.
Sec. 3. Section 712.5, Code 2023, is amended by striking the
section and inserting in lieu thereof the following:
712.5 Reckless use of fire, explosives, or destructive
devices.
Any person who uses fire, explosives, or destructive devices
to recklessly endanger the property or safety of another shall
be guilty of a serious misdemeanor.
Sec. 4. Section 712.6, Code 2023, is amended to read as
follows:
-2- 712.6 Explosive materials or incendiary materials or
destructive devices.
1. A person who possesses any incendiary or explosive device
or material or destructive device with the intent to use such
device or material to commit a public offense shall be guilty
of a class “C” felony.
2. a. A person who possesses any incendiary or explosive
device or material or destructive device shall be guilty of an
aggravated misdemeanor.
b. This subsection does not apply to a person holding a
valid commercial license or user’s permit issued pursuant to
chapter 101A, provided that the person is acting within the
scope of authority granted by the license or permit.
3. A person who, with the intent to intimidate, annoy, or
alarm another person, places a simulated explosive or simulated
incendiary destructive device in or near an occupied structure
as defined in section 702.12 a place that the person reasonably
believes is likely to cause public alarm or inconvenience, is
guilty of a serious misdemeanor.
4. A person who uses any explosive material or destructive
device to commit any public offense or who possesses any
explosive material or destructive device during the commission
of a felony shall be guilty of a class “C” felony.
Sec. 5. NEW SECTION. 712.10 Destructive device.
For purposes of this chapter, “destructive device” means the
same as defined in section 101A.1.
Sec. 6. Section 724.1, subsection 1, paragraph c, Code 2023,
is amended to read as follows:
c. A bomb, grenade, or mine, whether explosive, incendiary,
or poison gas; any rocket having a propellant charge of more
than four ounces; any missile having an explosive charge of
more than one-quarter ounce; or any device similar to any of
these A destructive device as defined in section 101A.1.
Sec. 7. Section 727.2, subsection 3, Code 2023, is amended
by adding the following new paragraph:
-3- NEW PARAGRAPH. d. Any retailer or community group offering
for sale at retail any consumer fireworks shall do so in
accordance with the national fire protection association
standard 1124, published in the code for the manufacture,
transportation, storage, and retail sales of fireworks and
pyrotechnic articles, 2006 edition, and shall not be subject to
any other standards or requirements unless provided for by the
state fire marshal under section 100.19.
Sec. 8. EFFECTIVE DATE. This Act, being deemed of immediate
importance, takes effect upon enactment.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 202, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernoras/rh/md
agents, detonators, and destructive devices, providing
penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 101A.1, subsections 1 and 4, Code 2023,
are amended to read as follows:
1. “Blasting agent” means any material or mixture consisting
of a fuel and oxidizer, intended for blasting but not otherwise
classified as an explosive, in which none of the finished
products as mixed and packaged for use or shipment can be
detonated by means of a number eight test blasting cap when
unconfined. “Blasting agent” includes any material or mixture
intended for blasting that meets the requirements of 49 C.F.R.
pt.173, subpt.C.
4. “Explosive materials” means explosives, or blasting
agents, and detonators.
Sec. 2. Section 101A.1, Code 2023, is amended by adding the
following new subsections:
NEW SUBSECTION. 2A. “Destructive device” means any of the
following:
a. Any explosive, incendiary, chemical or biological poison,
or poison gas which is any of the following:
(1) A bomb.
(2) A grenade.
(3) A rocket having a propellant charge of more than four
ounces.
(4) A missile having an explosive or incendiary charge of
more than one-quarter ounce.
(5) A mine.
(6) A booby trap.
(7) A Molotov cocktail.
(8) A bottle bomb.
(9) A vessel or container intentionally caused to rupture or
mechanically explode by expanding pressure from any gas, acid,
dry ice, or other chemical mixture.
(10) Any similar device, the primary or common purpose of
which is to explode and to be used as a weapon against any
person or property.
b. Any combination of parts designed or intended to be
-1-converted into a destructive device as defined in paragraph “a”.
c. The term “destructive device” does not include any of the
following:
(1) A device that is neither designed nor redesigned for use
as a weapon to be used against person or property.
(2) A device, originally designed for use as a weapon,
that is redesigned for use as a signaling, pyrotechnic,
line-throwing, safety, or similar device.
(3) A surplus ordnance sold, loaned, or given by the
secretary of the army pursuant to 10 U.S.C. §4684(2), 4685, or
4686.
(4) Any device the state fire marshal determines is not
likely to be used as a weapon or that is an antique.
(5) Any device possessed under circumstances negating an
intent that the device be used as a weapon against any person
or property.
NEW SUBSECTION. 2B. “Detonator” means any device containing
an initiating or primary explosive that is used for initiating
detonation. Excluding ignition or delay charges, a detonator
shall not contain more than ten grams of explosive material
per unit. “Detonator” includes an electric detonator of
instantaneous or delay type, a detonator for use with safety
fuses, a detonating cord delay connector, and a nonelectric
detonator or instantaneous or delay type which consists of
a detonating cord, shock tube, or any other replacement for
electric leg wires.
Sec. 3. Section 712.5, Code 2023, is amended by striking the
section and inserting in lieu thereof the following:
712.5 Reckless use of fire, explosives, or destructive
devices.
Any person who uses fire, explosives, or destructive devices
to recklessly endanger the property or safety of another shall
be guilty of a serious misdemeanor.
Sec. 4. Section 712.6, Code 2023, is amended to read as
follows:
-2- 712.6 Explosive materials or incendiary materials or
destructive devices.
1. A person who possesses any incendiary or explosive device
or material or destructive device with the intent to use such
device or material to commit a public offense shall be guilty
of a class “C” felony.
2. a. A person who possesses any incendiary or explosive
device or material or destructive device shall be guilty of an
aggravated misdemeanor.
b. This subsection does not apply to a person holding a
valid commercial license or user’s permit issued pursuant to
chapter 101A, provided that the person is acting within the
scope of authority granted by the license or permit.
3. A person who, with the intent to intimidate, annoy, or
alarm another person, places a simulated explosive or simulated
incendiary destructive device in or near an occupied structure
as defined in section 702.12 a place that the person reasonably
believes is likely to cause public alarm or inconvenience, is
guilty of a serious misdemeanor.
4. A person who uses any explosive material or destructive
device to commit any public offense or who possesses any
explosive material or destructive device during the commission
of a felony shall be guilty of a class “C” felony.
Sec. 5. NEW SECTION. 712.10 Destructive device.
For purposes of this chapter, “destructive device” means the
same as defined in section 101A.1.
Sec. 6. Section 724.1, subsection 1, paragraph c, Code 2023,
is amended to read as follows:
c. A bomb, grenade, or mine, whether explosive, incendiary,
or poison gas; any rocket having a propellant charge of more
than four ounces; any missile having an explosive charge of
more than one-quarter ounce; or any device similar to any of
these A destructive device as defined in section 101A.1.
Sec. 7. Section 727.2, subsection 3, Code 2023, is amended
by adding the following new paragraph:
-3- NEW PARAGRAPH. d. Any retailer or community group offering
for sale at retail any consumer fireworks shall do so in
accordance with the national fire protection association
standard 1124, published in the code for the manufacture,
transportation, storage, and retail sales of fireworks and
pyrotechnic articles, 2006 edition, and shall not be subject to
any other standards or requirements unless provided for by the
state fire marshal under section 100.19.
Sec. 8. EFFECTIVE DATE. This Act, being deemed of immediate
importance, takes effect upon enactment.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 202, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernoras/rh/md