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House File 147 - IntroducedA Bill ForAn Act 1relating to the carrying and possession of weapons and
2providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.52, subsection 2, paragraph a,
2subparagraph (4), subparagraph division (a), subparagraph
3subdivision (viii), Code 2017, is amended to read as follows:
4(viii) Section 724.4, if the child carried the dangerous
5weapon used the knife in the commission of a crime on school
6grounds.
7 Sec. 2. Section 708.8, Code 2017, is amended to read as
8follows:
9708.8 Going armed with intent.
10A person who goes armed with any dangerous weapon with the
11intent to use without justification such weapon against the
12person of another commits a class “D” felony. The intent
13required for a violation of this section shall not be inferred
14from the mere carrying or concealment of any dangerous weapon
15itself, including the carrying of a loaded firearm, whether in
16a vehicle or on or about a person’s body.
17 Sec. 3. Section 724.4, Code 2017, is amended by striking the
18section and inserting in lieu thereof the following:
19724.4 Use of a knife in the commission of a crime.
20A person who goes armed with a knife on or about the person,
21and who uses the knife in the commission of a crime, commits an
22aggravated misdemeanor.
23 Sec. 4. Section 724.4B, Code 2017, is amended by striking
24the section and inserting in lieu thereof the following:
25724.4B Carrying dangerous weapons on school grounds —
26penalty — exceptions.
271. A person who goes armed with, carries, or transports
28a dangerous weapon of any kind, whether concealed or not, on
29the grounds of a school commits a class “D” felony. For the
30purposes of this section, “school” means a public or nonpublic
31school as defined in section 280.2.
322. Subsection 1 does not apply to the following:
33a. A person who has been specifically authorized by the
34school to go armed with, carry, or transport a dangerous weapon
35on the school grounds for any lawful purpose.
-1- 1b. A peace officer, when the officer’s duties require the
2person to carry a dangerous weapon.
3c. A member of the armed forces of the United States or
4of the national guard or person in the service of the United
5States, when the dangerous weapon is carried in connection with
6the person’s duties as such.
7d. A correctional officer, when the officer’s duties require
8the officer to carry a dangerous weapon, serving under the
9authority of the Iowa department of corrections.
10e. A person who for any lawful purpose carries an unloaded
11pistol, revolver, or other dangerous weapon inside a closed and
12fastened container or securely wrapped package which is too
13large to be concealed on the person.
14f. A person who for any lawful purpose carries or transports
15an unloaded pistol or revolver in a vehicle or common carrier
16inside a closed and fastened container or securely wrapped
17package which is too large to be concealed on the person or
18carries or transports an unloaded pistol or revolver inside a
19cargo or luggage compartment where the pistol or revolver will
20not be readily accessible to any person riding in the vehicle
21or common carrier.
22g. A law enforcement officer from another state when the
23officer’s duties require the officer to carry a dangerous
24weapon and the officer is in this state for any of the
25following reasons:
26(1) The extradition or other lawful removal of a prisoner
27from this state.
28(2) Pursuit of a suspect in compliance with chapter 806.
29(3) Activities in the capacity of a law enforcement officer
30with the knowledge and consent of the chief of police of the
31city or the sheriff of the county in which the activities occur
32or of the commissioner of public safety.
33 Sec. 5. Section 724.4C, Code 2017, is amended to read as
34follows:
35724.4C Possession or carrying of firearms dangerous weapons
-2-1 while under the influence.
21. A permit issued under this chapter is invalid if the
3 Except as provided in subsection 2, a person to whom the permit
4is issued is commits a serious misdemeanor if the person
5is intoxicated as provided under the conditions set out in
6section 321J.2, subsection 1., and the person does any of the
7following:
8a. Carries a dangerous weapon on or about the person.
9b. Carries a dangerous weapon within the person’s immediate
10access or reach while in a vehicle.
112. This section shall not apply to any of the following:
12a. A person who carries or possesses a dangerous weapon
13while in the person’s own dwelling, place of business, or on
14land owned or lawfully possessed by the person.
15b. The transitory possession or use of a dangerous weapon
16during an act of justified self-defense or justified defense of
17another, provided that the possession lasts no longer than is
18immediately necessary to resolve the emergency.
19 Sec. 6. Section 724.5, Code 2017, is amended by striking the
20section and inserting in lieu thereof the following:
21724.5 Availability of permit not to be construed as
22prohibition on unlicensed carrying of weapons.
23The availability of a professional or nonprofessional permit
24to carry weapons under this chapter shall not be construed
25to impose a general prohibition on the unlicensed carrying,
26whether openly or concealed, of a dangerous weapon, including
27a loaded firearm.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to the carrying and possession of weapons
32and provides penalties.
33The bill amends Code section 708.8, the crime of going
34armed with a dangerous weapon with intent, a class “D” felony,
35to provide that the intent element required for a violation
-3-1of this crime shall not be inferred from the mere carrying
2or concealment of a dangerous weapon. “Dangerous weapon”
3is defined in Code section 702.7 for purposes of use in the
4criminal code.
5The bill amends Code section 724.4 by striking the current
6penalty for carrying dangerous weapons. Instead, the bill
7creates a new crime of going armed with a knife in the
8commission of a crime, an aggravated misdemeanor. The bill
9makes a conforming change to Code section 232.52, subsection
102, relating to the suspension or revocation of a juvenile’s
11driver’s license or operating privilege. The bill also makes a
12Code change to Code section 724.4B, relating to the carrying
13of weapons on school grounds, to specifically include certain
14categories of persons who are authorized to carry weapons on
15school grounds.
16The bill amends Code section 724.4C relating to the crime of
17possession or carrying of firearms while under the influence
18of alcohol or a drug. Current law invalidates a permit to
19carry weapons if the person to whom the permit is issued is
20intoxicated, as defined in Code section 321J.2, subsection 1
21(while under the influence of an alcoholic beverage or other
22drug or a combination of such substances, while having an
23alcohol concentration of .08 or more, or while any amount of a
24controlled substance is present in the person, as measured in
25the person’s blood or urine). The bill amends this provision
26to provide that a person commits a serious misdemeanor if
27the person is intoxicated and the person either carries a
28dangerous weapon on or about the person or carries a dangerous
29weapon within the person’s immediate access or reach while in
30a vehicle. This crime does not apply to situations where a
31person carries or possesses a dangerous weapon while in the
32person’s own dwelling, place of business, or on the person’s
33land, and the transitory possession or use of a firearm during
34an act of justified self-defense or justified defense of
35another, if the possession of the firearm lasts no longer than
-4-1immediately necessary to resolve the emergency.
2The bill strikes Code section 724.5 relating to a person’s
3duty to carry a valid permit to carry certain weapons for
4which a permit has been issued to the person and replaces that
5Code section with language providing that the availability
6of a professional or nonprofessional permit to carry weapons
7shall not be construed to impose a general prohibition on
8the unlicensed carrying, whether openly or concealed, of a
9dangerous weapon, including a loaded firearm.
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2providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.52, subsection 2, paragraph a,
2subparagraph (4), subparagraph division (a), subparagraph
3subdivision (viii), Code 2017, is amended to read as follows:
4(viii) Section 724.4, if the child carried the dangerous
5weapon used the knife in the commission of a crime on school
6grounds.
7 Sec. 2. Section 708.8, Code 2017, is amended to read as
8follows:
9708.8 Going armed with intent.
10A person who goes armed with any dangerous weapon with the
11intent to use without justification such weapon against the
12person of another commits a class “D” felony. The intent
13required for a violation of this section shall not be inferred
14from the mere carrying or concealment of any dangerous weapon
15itself, including the carrying of a loaded firearm, whether in
16a vehicle or on or about a person’s body.
17 Sec. 3. Section 724.4, Code 2017, is amended by striking the
18section and inserting in lieu thereof the following:
19724.4 Use of a knife in the commission of a crime.
20A person who goes armed with a knife on or about the person,
21and who uses the knife in the commission of a crime, commits an
22aggravated misdemeanor.
23 Sec. 4. Section 724.4B, Code 2017, is amended by striking
24the section and inserting in lieu thereof the following:
25724.4B Carrying dangerous weapons on school grounds —
26penalty — exceptions.
271. A person who goes armed with, carries, or transports
28a dangerous weapon of any kind, whether concealed or not, on
29the grounds of a school commits a class “D” felony. For the
30purposes of this section, “school” means a public or nonpublic
31school as defined in section 280.2.
322. Subsection 1 does not apply to the following:
33a. A person who has been specifically authorized by the
34school to go armed with, carry, or transport a dangerous weapon
35on the school grounds for any lawful purpose.
-1- 1b. A peace officer, when the officer’s duties require the
2person to carry a dangerous weapon.
3c. A member of the armed forces of the United States or
4of the national guard or person in the service of the United
5States, when the dangerous weapon is carried in connection with
6the person’s duties as such.
7d. A correctional officer, when the officer’s duties require
8the officer to carry a dangerous weapon, serving under the
9authority of the Iowa department of corrections.
10e. A person who for any lawful purpose carries an unloaded
11pistol, revolver, or other dangerous weapon inside a closed and
12fastened container or securely wrapped package which is too
13large to be concealed on the person.
14f. A person who for any lawful purpose carries or transports
15an unloaded pistol or revolver in a vehicle or common carrier
16inside a closed and fastened container or securely wrapped
17package which is too large to be concealed on the person or
18carries or transports an unloaded pistol or revolver inside a
19cargo or luggage compartment where the pistol or revolver will
20not be readily accessible to any person riding in the vehicle
21or common carrier.
22g. A law enforcement officer from another state when the
23officer’s duties require the officer to carry a dangerous
24weapon and the officer is in this state for any of the
25following reasons:
26(1) The extradition or other lawful removal of a prisoner
27from this state.
28(2) Pursuit of a suspect in compliance with chapter 806.
29(3) Activities in the capacity of a law enforcement officer
30with the knowledge and consent of the chief of police of the
31city or the sheriff of the county in which the activities occur
32or of the commissioner of public safety.
33 Sec. 5. Section 724.4C, Code 2017, is amended to read as
34follows:
35724.4C Possession or carrying of firearms dangerous weapons
-2-1 while under the influence.
21. A permit issued under this chapter is invalid if the
3 Except as provided in subsection 2, a person to whom the permit
4is issued is commits a serious misdemeanor if the person
5is intoxicated as provided under the conditions set out in
6section 321J.2, subsection 1., and the person does any of the
7following:
8a. Carries a dangerous weapon on or about the person.
9b. Carries a dangerous weapon within the person’s immediate
10access or reach while in a vehicle.
112. This section shall not apply to any of the following:
12a. A person who carries or possesses a dangerous weapon
13while in the person’s own dwelling, place of business, or on
14land owned or lawfully possessed by the person.
15b. The transitory possession or use of a dangerous weapon
16during an act of justified self-defense or justified defense of
17another, provided that the possession lasts no longer than is
18immediately necessary to resolve the emergency.
19 Sec. 6. Section 724.5, Code 2017, is amended by striking the
20section and inserting in lieu thereof the following:
21724.5 Availability of permit not to be construed as
22prohibition on unlicensed carrying of weapons.
23The availability of a professional or nonprofessional permit
24to carry weapons under this chapter shall not be construed
25to impose a general prohibition on the unlicensed carrying,
26whether openly or concealed, of a dangerous weapon, including
27a loaded firearm.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to the carrying and possession of weapons
32and provides penalties.
33The bill amends Code section 708.8, the crime of going
34armed with a dangerous weapon with intent, a class “D” felony,
35to provide that the intent element required for a violation
-3-1of this crime shall not be inferred from the mere carrying
2or concealment of a dangerous weapon. “Dangerous weapon”
3is defined in Code section 702.7 for purposes of use in the
4criminal code.
5The bill amends Code section 724.4 by striking the current
6penalty for carrying dangerous weapons. Instead, the bill
7creates a new crime of going armed with a knife in the
8commission of a crime, an aggravated misdemeanor. The bill
9makes a conforming change to Code section 232.52, subsection
102, relating to the suspension or revocation of a juvenile’s
11driver’s license or operating privilege. The bill also makes a
12Code change to Code section 724.4B, relating to the carrying
13of weapons on school grounds, to specifically include certain
14categories of persons who are authorized to carry weapons on
15school grounds.
16The bill amends Code section 724.4C relating to the crime of
17possession or carrying of firearms while under the influence
18of alcohol or a drug. Current law invalidates a permit to
19carry weapons if the person to whom the permit is issued is
20intoxicated, as defined in Code section 321J.2, subsection 1
21(while under the influence of an alcoholic beverage or other
22drug or a combination of such substances, while having an
23alcohol concentration of .08 or more, or while any amount of a
24controlled substance is present in the person, as measured in
25the person’s blood or urine). The bill amends this provision
26to provide that a person commits a serious misdemeanor if
27the person is intoxicated and the person either carries a
28dangerous weapon on or about the person or carries a dangerous
29weapon within the person’s immediate access or reach while in
30a vehicle. This crime does not apply to situations where a
31person carries or possesses a dangerous weapon while in the
32person’s own dwelling, place of business, or on the person’s
33land, and the transitory possession or use of a firearm during
34an act of justified self-defense or justified defense of
35another, if the possession of the firearm lasts no longer than
-4-1immediately necessary to resolve the emergency.
2The bill strikes Code section 724.5 relating to a person’s
3duty to carry a valid permit to carry certain weapons for
4which a permit has been issued to the person and replaces that
5Code section with language providing that the availability
6of a professional or nonprofessional permit to carry weapons
7shall not be construed to impose a general prohibition on
8the unlicensed carrying, whether openly or concealed, of a
9dangerous weapon, including a loaded firearm.
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