House Study Bill 133 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to offensive and dangerous weapons, and the 1 justifiable use of reasonable and deadly force, including 2 carrying, possessing, transferring, and acquiring weapons, 3 the purchase and regulation of such weapons, providing 4 penalties, and including effective date and applicability 5 provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1396YC (1) 87 jm/rh/rj

H.F. _____ DIVISION I 1 OFFENSIVE WEAPONS 2 Section 1. Section 724.1, subsection 1, paragraph b, Code 3 2017, is amended by striking the paragraph. 4 DIVISION II 5 CARRYING WEAPONS AND POSSESSION OF WEAPONS 6 Sec. 2. Section 232.52, subsection 2, paragraph a, 7 subparagraph (4), subparagraph division (a), subparagraph 8 subdivision (viii), Code 2017, is amended to read as follows: 9 (viii) Section 724.4 , if the child carried the dangerous 10 weapon on school grounds or 724.4B . 11 Sec. 3. Section 708.8, Code 2017, is amended to read as 12 follows: 13 708.8 Going armed with intent. 14 A person who goes armed with any dangerous weapon with the 15 intent to use without justification such weapon against the 16 person of another commits a class “D” felony. The intent 17 required for a violation of this section shall not be inferred 18 from the mere carrying or concealment of any dangerous weapon 19 itself, including the carrying of a loaded firearm, whether in 20 a vehicle or on or about a person’s body. 21 Sec. 4. Section 724.4, Code 2017, is amended by striking the 22 section and inserting in lieu thereof the following: 23 724.4 Use of a knife in the commission of a crime. 24 A person who goes armed with a knife on or about the person, 25 and who uses the knife in the commission of a crime, commits an 26 aggravated misdemeanor. 27 Sec. 5. Section 724.4B, Code 2017, is amended to read as 28 follows: 29 724.4B Carrying weapons on school grounds —— penalty —— 30 exceptions. 31 1. A person who goes armed with, carries, or transports a 32 firearm of any kind, whether concealed or not, on the grounds 33 of a school commits a class “D” felony. For the purposes of 34 this section , “school” means a public or nonpublic school as 35 -1- LSB 1396YC (1) 87 jm/rh/rj 1/ 40

H.F. _____ defined in section 280.2 . 1 2. Subsection 1 does not apply to the following: 2 a. A person listed under section 724.4, subsection 4 , 3 paragraphs “b” through “f” or “j” A peace officer, when the 4 officer’s duties require the person to carry a firearm . 5 b. A member of the armed forces of the United States or 6 of the national guard or person in the service of the United 7 States, when the firearms are carried in connection with the 8 person’s duties as such. 9 c. A correctional officer, when the officer’s duties 10 require, serving under the authority of the Iowa department of 11 corrections. 12 d. A person who for any lawful purpose carries an unloaded 13 pistol, revolver, or other dangerous weapon inside a closed and 14 fastened container or securely wrapped package which is too 15 large to be concealed on the person. 16 e. A person who for any lawful purpose carries or transports 17 an unloaded pistol or revolver in a vehicle inside a closed 18 and fastened container or securely wrapped package which is 19 too large to be concealed on the person or inside a cargo 20 or luggage compartment where the pistol or revolver will not 21 be readily accessible to any person riding in the vehicle or 22 common carrier. 23 f. A law enforcement officer from another state when the 24 officer’s duties require the officer to carry the firearm and 25 the officer is in this state for any of the following reasons: 26 (1) The extradition or other lawful removal of a prisoner 27 from this state. 28 (2) Pursuit of a suspect in compliance with chapter 806. 29 (3) Activities in the capacity of a law enforcement officer 30 with the knowledge and consent of the chief of police of the 31 city or the sheriff of the county in which the activities occur 32 or of the commissioner of public safety. 33 b. g. A person who has been specifically authorized by 34 the school to go armed with, carry, or transport a firearm on 35 -2- LSB 1396YC (1) 87 jm/rh/rj 2/ 40

H.F. _____ the school grounds, including for purposes of conducting an 1 instructional program regarding firearms. 2 Sec. 6. Section 724.4C, Code 2017, is amended to read as 3 follows: 4 724.4C Possession or carrying of firearms dangerous weapons 5 while under the influence. 6 1. A permit issued under this chapter is invalid if the 7 Except as provided in subsection 2, a person to whom the permit 8 is issued is commits a serious misdemeanor if the person 9 is intoxicated as provided under the conditions set out in 10 section 321J.2, subsection 1 . , and the person does any of the 11 following: 12 a. Carries a dangerous weapon on or about the person. 13 b. Carries a dangerous weapon within the person’s immediate 14 access or reach while in a vehicle. 15 2. This section shall not apply to any of the following: 16 a. A person who carries or possesses a dangerous weapon 17 while in the person’s own dwelling, place of business, or on 18 land owned or lawfully possessed by the person. 19 b. The transitory possession or use of a dangerous weapon 20 during an act of justified self-defense or justified defense of 21 another, provided that the possession lasts no longer than is 22 immediately necessary to resolve the emergency. 23 Sec. 7. Section 724.5, Code 2017, is amended by striking the 24 section and inserting in lieu thereof the following: 25 724.5 Carrying weapons —— penalty. 26 1. Except as provided in subsection 2, the availability 27 of a professional or nonprofessional permit to carry weapons 28 under this chapter shall not be construed to impose a general 29 prohibition on the unlicensed carrying, whether openly or 30 concealed, of a dangerous weapon, including a loaded firearm. 31 2. A person shall be prohibited from the unlicensed 32 carrying, whether openly or concealed, of a dangerous weapon, 33 including a loaded firearm unless the person has completed a 34 firearm safety training program described under section 724.9, 35 -3- LSB 1396YC (1) 87 jm/rh/rj 3/ 40

H.F. _____ subsection 1. 1 3. A person who violates subsection 2 commits a simple 2 misdemeanor punishable as a scheduled violation pursuant to 3 section 805.8C, subsection 11. 4 4. A person cited for a violation of subsection 2, who 5 produces to the clerk of the district court prior to the date 6 of the person’s court appearance as indicated on the citation 7 proof that the person has completed a firearm safety training 8 program described under section 724.9, subsection 1, shall not 9 be convicted of a violation of subsection 2 and the citation 10 issued shall be dismissed by the court. Upon dismissal, the 11 court shall assess the costs of the action against the person 12 named on the citation. 13 Sec. 8. Section 805.8C, Code 2017, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 11. Carrying weapons violations. For 16 violations of section 724.5, the scheduled fine is one thousand 17 dollars. 18 DIVISION III 19 PERMIT TO CARRY WEAPONS AND FIREARM SAFETY TRAINING 20 Sec. 9. Section 80A.13, subsection 1, Code 2017, is amended 21 to read as follows: 22 1. File with the sheriff of the county in which the campus 23 is located evidence that the individual has successfully 24 completed an approved firearms firearm safety training program 25 under section 724.9 . This requirement does not apply to 26 armored car personnel. 27 Sec. 10. Section 724.7, subsection 1, Code 2017, is amended 28 to read as follows: 29 1. Any person who is not disqualified under section 724.8 , 30 who satisfies the training requirements of section 724.9 , if 31 applicable, and who files an application in accordance with 32 section 724.10 shall be issued a nonprofessional permit to 33 carry weapons. Such permits shall be on a form prescribed and 34 published by the commissioner of public safety, which shall 35 -4- LSB 1396YC (1) 87 jm/rh/rj 4/ 40

H.F. _____ be readily distinguishable from the professional permit, and 1 shall identify the holder of the permit. Such permits shall 2 not be issued for a particular weapon and shall not contain 3 information about a particular weapon including the make, 4 model, or serial number of the weapon or any ammunition used in 5 that weapon. All permits so issued after the effective date of 6 this division of this Act shall be for a period of five years 7 the life of the permit holder and shall be valid throughout the 8 state three days after the date of an application for a permit 9 to carry weapons, except where the possession or carrying of a 10 firearm is prohibited by state or federal law. 11 Sec. 11. Section 724.9, Code 2017, is amended to read as 12 follows: 13 724.9 Firearm safety training program. 14 1. An applicant for an initial permit to carry weapons shall 15 demonstrate knowledge of firearm safety by any of the following 16 means: 17 a. Completion of any national rifle association handgun 18 safety training course. 19 b. Completion of any handgun safety training course 20 available to the general public offered by a law enforcement 21 agency, community college, college, private or public 22 institution or organization, or firearms training school, 23 utilizing instructors certified by the national rifle 24 association or the department of public safety or another 25 state’s department of public safety, state police department, 26 or similar certifying body. 27 c. Completion of any handgun safety training course offered 28 for security guards, investigators, special deputies, or any 29 division or subdivision of a law enforcement or security 30 enforcement agency approved by the department of public safety. 31 d. Completion of small arms training while serving with the 32 armed forces of the United States as evidenced by any of the 33 following: . 34 (1) For personnel released or retired from active duty, 35 -5- LSB 1396YC (1) 87 jm/rh/rj 5/ 40

H.F. _____ possession of an honorable discharge or general discharge under 1 honorable conditions. 2 (2) For personnel on active duty or serving in one of the 3 national guard or reserve components of the armed forces of the 4 United States, possession of a certificate of completion of 5 basic training with a service record of successful completion 6 of small arms training and qualification. 7 e. Completion of a law enforcement agency firearms firearm 8 safety training course that qualifies a peace officer to carry 9 a firearm in the normal course of the peace officer’s duties. 10 2. The handgun safety training course required in 11 subsection 1 may be conducted over the internet in a live or 12 web-based format, if completion of the course is verified by 13 the instructor or provider of the course. 14 3. Firearm safety training shall not be required for 15 renewals of permits issued after December 31, 2010. 16 2. 4. Evidence If firearm safety training is required under 17 this section, evidence of qualification under this section such 18 training may be documented by any of the following: 19 a. A photocopy of a certificate of completion or any 20 similar document indicating completion of any course or 21 class identified in subsection 1 that was completed within 22 twenty-four months prior to the date of the application . 23 b. An affidavit from the instructor, school, organization, 24 or group that conducted or taught a course or class identified 25 in subsection 1 that was completed within twenty-four 26 months prior to the date of the application attesting to the 27 completion of the course or class by the applicant. 28 c. A copy of any document indicating participation in any 29 firearms shooting competition. 30 c. For personnel released or retired from active duty in the 31 armed forces of the United States, possession of an honorable 32 discharge or general discharge under honorable conditions 33 issued any time prior to the date of the application. 34 d. For personnel on active duty or serving in one of the 35 -6- LSB 1396YC (1) 87 jm/rh/rj 6/ 40

H.F. _____ national guard or reserve components of the armed forces of the 1 United States, possession of a certificate of completion of 2 basic training with a service record of successful completion 3 of small arms training and qualification issued prior to the 4 date of the application, or any other official documentation 5 satisfactory to the issuing officer issued prior to the date 6 of the application. 7 3. 5. An issuing officer shall not condition the issuance 8 of a permit on training requirements that are not specified in 9 or that exceed the requirements of this section . 10 6. If an applicant applies after expiration of the time 11 periods specified for renewal in section 724.11, firearm safety 12 training shall not be required for a renewal permit under this 13 section. 14 Sec. 12. Section 724.11, subsections 1 and 3, Code 2017, are 15 amended to read as follows: 16 1. Applications for permits to carry weapons shall be made 17 to the sheriff of the county in which the applicant resides. 18 Applications for professional permits to carry weapons for 19 persons who are nonresidents of the state, or whose need to 20 go armed arises out of employment by the state, shall be made 21 to the commissioner of public safety. In either case, the 22 sheriff or commissioner, before issuing the permit, shall 23 determine that the requirements of sections 724.6 to 724.10 24 have been satisfied. However, for renewal of a permit the 25 training program requirements in section 724.9, subsection 1 , 26 shall apply or the renewal applicant may choose to qualify on a 27 firing range under the supervision of an instructor certified 28 by the national rifle association or the department of public 29 safety or another state’s department of public safety, state 30 police department, or similar certifying body. Such training 31 or qualification must occur within the twelve-month period 32 prior to the expiration of the applicant’s current permit. 33 A renewal applicant shall apply within thirty days prior to 34 the expiration of the permit, or within thirty days after the 35 -7- LSB 1396YC (1) 87 jm/rh/rj 7/ 40

H.F. _____ expiration of the permit; otherwise the applicant shall be 1 considered an applicant for an initial permit for purposes of 2 renewal fees under subsection 3. 3 3. The issuing officer shall collect a fee of fifty dollars 4 for an initial permit , except from a duly appointed peace 5 officer or correctional officer, for each permit issued. 6 Renewal permits or duplicate permits shall be issued for a 7 fee of twenty-five dollars, provided the application for such 8 renewal permit is received by the issuing officer at least 9 within thirty days prior to the expiration of the applicant’s 10 current permit or within thirty days after the expiration of 11 the applicant’s current permit . The issuing officer shall 12 notify the commissioner of public safety of the issuance of 13 any permit at least monthly and forward to the commissioner an 14 amount equal to ten dollars for each permit issued and five 15 dollars for each renewal or duplicate permit issued. All 16 such fees received by the commissioner shall be paid to the 17 treasurer of state and deposited in the operating account 18 of the department of public safety to offset the cost of 19 administering this chapter . Notwithstanding section 8.33 , any 20 unspent balance as of June 30 of each year shall not revert to 21 the general fund of the state. 22 Sec. 13. Section 724.11, Code 2017, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 5. An initial or renewal permit shall 25 have a uniform appearance, size, and content prescribed and 26 published by the commissioner of public safety. The permit 27 shall contain the name of the permittee and the effective date 28 of the permit, but shall not contain the permittee’s social 29 security number. Such a permit shall not be issued for a 30 particular weapon and shall not contain information about a 31 particular weapon including the make, model, or serial number 32 of the weapon, or any ammunition used in that weapon. 33 DIVISION IV 34 PERMIT TO ACQUIRE FIREARMS AND PROHIBITED TRANSFERS OF FIREARMS 35 -8- LSB 1396YC (1) 87 jm/rh/rj 8/ 40

H.F. _____ Sec. 14. Section 724.11A, Code 2017, is amended to read as 1 follows: 2 724.11A Recognition. 3 A valid permit or license issued by another state to any 4 nonresident of this state shall be considered to be a valid 5 permit or license to carry weapons issued pursuant to this 6 chapter , except that such permit or license shall not be 7 considered to be a substitute for an annual permit to acquire 8 pistols or revolvers issued pursuant to section 724.15 deemed 9 to satisfy the requirements of section 724.15 . 10 Sec. 15. Section 724.15, Code 2017, is amended by striking 11 the section and inserting in lieu thereof the following: 12 724.15 Acquiring pistols or revolvers. 13 1. It is the intent of this section to satisfy federal 14 requirements of 18 U.S.C. §922(t)(3) in order to acquire 15 pistols or revolvers. As of July 1, 2017, the state shall no 16 longer issue a permit to acquire. In order to acquire a pistol 17 or revolver from a federally licensed firearms dealer, a person 18 is required to have a valid permit to carry weapons issued in 19 accordance with this chapter, or if the permit does not satisfy 20 federal requirements, the person must complete a satisfactory 21 national instant criminal background check pursuant to 18 22 U.S.C. §922(t). 23 2. A person shall not acquire a pistol or revolver who is 24 subject to any of the following: 25 a. Is under twenty-one years of age. 26 b. Is prohibited by section 724.26 or federal law from 27 possessing, shipping, transporting, or receiving a firearm. 28 c. Is prohibited by court order from possessing, shipping, 29 transporting, or receiving a firearm. 30 3. An issuing officer who finds that a person issued a 31 permit to acquire pistols or revolvers under this chapter prior 32 to the effective date of this division of this Act has been 33 arrested for a disqualifying offense or who is the subject of 34 proceedings that could lead to the person’s ineligibility for 35 -9- LSB 1396YC (1) 87 jm/rh/rj 9/ 40

H.F. _____ such permit, may immediately suspend such permit. An issuing 1 officer proceeding under this subsection shall immediately 2 notify the permit holder of the suspension by personal service 3 or certified mail on a form prescribed and published by the 4 commissioner of public safety and the suspension shall become 5 effective upon the permit holder’s receipt of such notice. If 6 the suspension is based on an arrest or a proceeding that does 7 not result in a disqualifying conviction or finding against 8 the permit holder, the issuing officer shall immediately 9 reinstate the permit upon receipt of proof of the matter’s 10 final disposition. If the arrest leads to a disqualifying 11 conviction or the proceedings to a disqualifying finding, the 12 issuing officer shall revoke the permit. The issuing officer 13 may also revoke the permit of a person whom the issuing officer 14 later finds was not qualified for such a permit at the time of 15 issuance or who the officer finds provided materially false 16 information on the permit application. A person aggrieved by a 17 suspension or revocation under this subsection may seek review 18 of the decision pursuant to section 724.21A. 19 Sec. 16. Section 724.16, Code 2017, is amended by striking 20 the section and inserting in lieu thereof the following: 21 724.16 Prohibited transfers of firearms. 22 1. A person shall not transfer a firearm to another person 23 if the person knows or reasonably should know that the other 24 person is prohibited from receiving or possessing a firearm 25 under section 724.26 or federal law. 26 2. A person shall not loan or rent a firearm to another 27 person for temporary use during lawful activities if the person 28 knows or reasonably should know that the person is prohibited 29 from receiving or possessing a firearm under section 724.26 or 30 federal law. 31 3. A person who transfers, loans, or rents a firearm in 32 violation of this section commits a class “D” felony. 33 Sec. 17. Section 724.21A, subsections 1 and 7, Code 2017, 34 are amended to read as follows: 35 -10- LSB 1396YC (1) 87 jm/rh/rj 10/ 40

H.F. _____ 1. In any case where the sheriff or the commissioner of 1 public safety denies an application for or suspends or revokes 2 a permit to carry weapons or an annual permit to acquire 3 pistols or revolvers , the sheriff or commissioner shall provide 4 a written statement of the reasons for the denial, suspension, 5 or revocation and the applicant or permit holder shall have the 6 right to appeal the denial, suspension, or revocation to an 7 administrative law judge in the department of inspections and 8 appeals within thirty days of receiving written notice of the 9 denial, suspension, or revocation. 10 7. In any case where the issuing officer denies an 11 application for, or suspends or revokes a permit to carry 12 weapons or an annual permit to acquire pistols or revolvers 13 solely because of an adverse determination by the national 14 instant criminal background check system, the applicant or 15 permit holder shall not seek relief under this section but 16 may pursue relief of the national instant criminal background 17 check system determination pursuant to Pub. L. No. 103-159, 18 sections 103(f) and (g) and 104 and 28 C.F.R. §25.10 , or other 19 applicable law. The outcome of such proceedings shall be 20 binding on the issuing officer. 21 Sec. 18. Section 724.21A, Code 2017, is amended by adding 22 the following new subsection: 23 NEW SUBSECTION . 8. If an applicant appeals the decision by 24 the sheriff or commissioner to deny an application, or suspend 25 or revoke a permit to carry weapons or a permit to acquire 26 firearms issued prior to the effective date of this division 27 of this Act, and it is later determined the applicant is 28 eligible to be issued or possess such a permit, the applicant 29 shall be awarded court costs and reasonable attorney fees. 30 If the decision of the sheriff or commissioner to deny the 31 application, or suspend or revoke the permit is upheld on 32 appeal, the political subdivision of the state representing the 33 sheriff or the commissioner shall be awarded court costs and 34 reasonable attorney fees. 35 -11- LSB 1396YC (1) 87 jm/rh/rj 11/ 40

H.F. _____ Sec. 19. Section 724.27, subsection 1, unnumbered paragraph 1 1, Code 2017, is amended to read as follows: 2 The provisions of section 724.8 , section 724.15, subsection 3 1 2 , and section 724.26 shall not apply to a person who is 4 eligible to have the person’s civil rights regarding firearms 5 restored under section 914.7 if any of the following occur: 6 Sec. 20. REPEAL. Sections 724.17, 724.18, 724.19, and 7 724.20, Code 2017, are repealed. 8 DIVISION V 9 POSSESSION OF PISTOL OR REVOLVER BY PERSONS UNDER 14 YEARS OF 10 AGE 11 Sec. 21. Section 724.22, subsection 5, Code 2017, is amended 12 to read as follows: 13 5. a. A parent or guardian or spouse who is twenty-one 14 years of age or older, of a person fourteen years of age but 15 less than under the age of twenty-one may allow the person , 16 while under direct supervision, to possess a pistol or revolver 17 or the ammunition therefor for any lawful purpose while 18 under the direct supervision of the parent or guardian or 19 spouse who is twenty-one years of age or older , or while the 20 person receives instruction in the proper use thereof from an 21 instructor twenty-one years of age or older, with the consent 22 of such parent, guardian or spouse. 23 b. As used in this section, “direct supervision” means 24 supervision provided by the parent, guardian, or spouse who is 25 twenty-one years of age or older and who maintains visual and 26 verbal contact at all times with the supervised person. 27 Sec. 22. Section 724.22, Code 2017, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 8. A parent or guardian or spouse who is 30 twenty-one years of age or older, of a minor under the age of 31 fourteen years who allows that minor to possess a pistol or 32 revolver or the ammunition pursuant hereto, shall be strictly 33 liable to an injured party for all damages resulting from the 34 possession of the pistol or revolver or ammunition therefor by 35 -12- LSB 1396YC (1) 87 jm/rh/rj 12/ 40

H.F. _____ that minor. 1 DIVISION VI 2 RECORDS KEPT BY COMMISSIONER —— CONFIDENTIALITY 3 Sec. 23. Section 724.23, Code 2017, is amended to read as 4 follows: 5 724.23 Records kept by commissioner and issuing officers . 6 1. The commissioner of public safety shall maintain a 7 permanent record of all valid permits to carry weapons and of 8 current permit revocations. 9 2. a. Notwithstanding any other law or rule to the 10 contrary, the commissioner of public safety and any issuing 11 officer shall keep confidential personally identifiable 12 information of holders of nonprofessional permits to carry 13 weapons and permits to acquire firearms, including but not 14 limited to the name, social security number, date of birth, 15 residential or business address, and driver’s license or other 16 identification number of the applicant or permit holder. 17 b. This subsection shall not prohibit the release of 18 statistical information relating to the issuance, denial, 19 revocation, or administration of nonprofessional permits to 20 carry weapons and permits to acquire firearms, provided that 21 the release of such information does not reveal the identity of 22 any individual permit holder. 23 c. This subsection shall not prohibit the release of 24 information to any law enforcement agency or any employee or 25 agent thereof when necessary for the purpose of investigating 26 a possible violation of law and probable cause exists, or for 27 conducting a lawfully authorized background investigation. 28 d. This subsection shall not prohibit the release of 29 information relating to the validity of a professional permit 30 to carry weapons to an employer who requires an employee or an 31 agent of the employer to possess a professional permit to carry 32 weapons as part of the duties of the employee or agent. 33 e. Except as provided in paragraphs “b” , “c” , and “d” , the 34 release of any confidential information under this section 35 -13- LSB 1396YC (1) 87 jm/rh/rj 13/ 40

H.F. _____ shall require a court order or the consent of the person whose 1 personally identifiable information is the subject of the 2 information request. 3 DIVISION VII 4 STATE PREEMPTION 5 Sec. 24. Section 724.28, Code 2017, is amended by striking 6 the section and inserting in lieu thereof the following: 7 724.28 State preemption —— prohibition of firearms, firearm 8 accessories, and ammunition regulation by political subdivisions. 9 1. The purpose of this section is to establish complete 10 state control over firearms, firearm accessories, and 11 ammunition regulation and policy in order to ensure that such 12 regulation and policy is applied uniformly throughout this 13 state to each person subject to the state’s jurisdiction and to 14 ensure protection of the right to keep and bear arms recognized 15 by the Constitution of the United States and under the laws 16 of this state. This section is to be liberally construed to 17 effectuate its purpose. However, this section shall not be 18 construed to limit the ability of a private property owner or 19 a person in lawful possession of private property to prohibit 20 the possession, use, carrying, or transportation of a firearm, 21 firearm accessory, or ammunition on such property. 22 2. As used in this section: 23 a. “Ammunition” means fixed cartridge ammunition, shotgun 24 shells, the individual components of fixed cartridge ammunition 25 and shotgun shells, projectiles for muzzleloading firearms, and 26 any propellant used in firearms or in firearms ammunition. 27 b. “Firearm” means a pistol, revolver, rifle, shotgun, 28 machine gun, submachine gun, or black powder weapon which is 29 designed to, capable of, or may be readily converted to expel a 30 projectile by the action of an explosive. 31 c. “Firearm accessory” means a device specifically adapted 32 to enable the wearing or carrying about one’s person, or the 33 storage or mounting in or on a conveyance, of a firearm, or 34 an attachment or device specifically adapted to be inserted 35 -14- LSB 1396YC (1) 87 jm/rh/rj 14/ 40

H.F. _____ into or affixed onto a firearm to enable, alter, or improve the 1 functioning or capabilities of the firearm. 2 d. “Person adversely affected” means a person who meets all 3 of the following criteria: 4 (1) Lawfully resides within the United States. 5 (2) Can legally possess a firearm under the laws of this 6 state. 7 (3) Either of the following: 8 (a) Would be subject to the ordinance, measure, enactment, 9 rule, resolution, motion, or policy at issue if the person were 10 present within the jurisdictional boundaries of the enacting 11 political subdivision, regardless of whether such person works, 12 attends school, or resides in such political subdivision. 13 (b) Is a membership organization that includes as a member a 14 person described in subparagraphs (1) and (2) and subparagraph 15 division (a) of this subparagraph and that is dedicated in 16 whole or in part to protecting the rights of those persons 17 who possess, own, or use firearms for competitive, sporting, 18 defensive, or other lawful purposes. 19 e. “Political subdivision” means a county, city, township, 20 school district, regents institution, or any other subunit of 21 this state. 22 3. Except as otherwise provided in this section, the 23 regulation of all of the following is hereby declared to be the 24 exclusive domain of the state: 25 a. Firearms, firearm accessories, and ammunition. 26 b. The ownership, possession, use, discharge, carrying, 27 transportation, registration, transfer, and storage of 28 firearms, firearm accessories, and ammunition. 29 c. Commerce in and taxation of firearms, firearm 30 accessories, and ammunition. 31 d. Any other matter pertaining to firearms, firearm 32 accessories, and ammunition. 33 4. An ordinance, measure, enactment, rule, resolution, 34 motion, or policy adopted by a political subdivision, or an 35 -15- LSB 1396YC (1) 87 jm/rh/rj 15/ 40

H.F. _____ official action taken by an employee or agent of a political 1 subdivision, including through any legislative, police power, 2 or proprietary capacity, in violation of this section is void. 3 5. This section shall not be construed to prevent any of the 4 following: 5 a. A duly organized law enforcement agency of a political 6 subdivision from adopting and enforcing rules pertaining to 7 firearms, firearm accessories, or ammunition issued to or used 8 by peace officers in the course of their official duties. 9 b. An employer from regulating or prohibiting an employee 10 from carrying or possessing firearms, firearm accessories, or 11 ammunition during and in the course of the employee’s official 12 duties. 13 c. A court or administrative law judge from hearing and 14 resolving a case or controversy or issuing an opinion or order 15 on a matter within the court’s or judge’s jurisdiction. 16 d. The enactment or enforcement of a generally applicable 17 zoning or business ordinance that includes firearms businesses 18 along with other businesses, provided that an ordinance 19 designed or enforced to effectively restrict or prohibit the 20 sale, purchase, transfer, manufacture, or display of firearms, 21 firearm accessories, or ammunition otherwise lawful under the 22 laws of this state, which is in conflict with this section, is 23 void. 24 e. A political subdivision from adopting or enforcing rules 25 of operation and use for any shooting range owned or operated 26 by the political subdivision. 27 f. A political subdivision that sponsors or conducts any 28 firearm-related competition or educational or cultural program 29 from adopting rules for participation in or attendance at such 30 a program. 31 g. (1) A law enforcement center, jail, municipal holding 32 facility, correctional institution or facility, community-based 33 correctional facility, or other security sensitive area 34 including a courtroom from adopting rules prohibiting the 35 -16- LSB 1396YC (1) 87 jm/rh/rj 16/ 40

H.F. _____ possession of a firearm. 1 (2) This paragraph shall not be construed to permit 2 the judicial branch or a judicial officer to regulate the 3 possession of a firearm outside of the areas primarily used by 4 the judicial branch or courts. 5 6. a. A political subdivision or employee or agent of a 6 political subdivision that violates the state’s occupation of 7 the whole field of regulation of firearms, firearm accessories, 8 and ammunition, as declared in this section, by adopting or 9 enforcing an ordinance, measure, enactment, rule, resolution, 10 motion, or policy impacting such occupation of the field shall 11 be liable as provided in this section. 12 b. If a political subdivision violates this subsection, 13 the court shall declare the ordinance, measure, enactment, 14 rule, resolution, motion, or policy void and issue a permanent 15 injunction against the political subdivision prohibiting 16 enforcement of such ordinance, measure, enactment, rule, 17 resolution, motion, or policy. It is not a defense that the 18 political subdivision was acting in good faith or upon the 19 advice of counsel. 20 7. A person adversely affected by an ordinance, measure, 21 enactment, rule, resolution, motion, or policy adopted or 22 enforced in violation of this section may file suit in the 23 appropriate court for declarative and injunctive relief and 24 for damages. A court shall award reasonable attorney fees and 25 costs to the prevailing plaintiff in any such suit. 26 DIVISION VIII 27 PISTOLS OR REVOLVERS —— CAPITOL BUILDINGS AND GROUNDS 28 Sec. 25. Section 8A.322, subsection 3, Code 2017, is amended 29 to read as follows: 30 3. The director shall establish, publish, and enforce rules 31 regulating and restricting the use by the public of the capitol 32 buildings and grounds and of the state laboratories facility 33 in Ankeny. The rules when established shall be posted in 34 conspicuous places about the capitol buildings and grounds and 35 -17- LSB 1396YC (1) 87 jm/rh/rj 17/ 40

H.F. _____ the state laboratories facility, as applicable. Any person 1 violating any rule, except a parking regulation, shall be 2 guilty of a simple misdemeanor. This subsection shall not 3 be construed to allow the director to prohibit the carrying, 4 transportation, or possession of any pistol or revolver in or 5 on any capitol buildings or grounds including in or on the 6 state capitol or grounds when the carrying, transportation, or 7 possession is otherwise lawful under the laws of this state. 8 DIVISION IX 9 EMERGENCY POWERS 10 Sec. 26. Section 29C.3, subsection 4, paragraph e, Code 11 2017, is amended by striking the paragraph. 12 Sec. 27. Section 29C.6, subsection 16, Code 2017, is amended 13 to read as follows: 14 16. Suspend or limit the sale, dispensing, or 15 transportation of alcoholic beverages, firearms, explosives, 16 and combustibles. 17 Sec. 28. NEW SECTION . 29C.25 Firearms and ammunition —— 18 limitations —— exceptions —— remedies. 19 1. This chapter shall not be construed to authorize the 20 governor or any other official of this state or any of its 21 political subdivisions or any agent or person acting at the 22 direction of the governor or any such official to do any of the 23 following: 24 a. Prohibit, regulate, or curtail the otherwise lawful 25 possession, carrying, transportation, transfer, or defensive 26 use of firearms or ammunition. 27 b. Suspend or revoke, except in accordance with section 28 724.13, a permit issued pursuant to section 724.6, 724.7, or 29 724.15. 30 c. Seize or confiscate firearms and ammunition possessed in 31 accordance with the laws of this state. 32 2. This section shall not prohibit any of the following: 33 a. The temporary closure or limitations on the operating 34 hours of businesses that sell firearms or ammunition if the 35 -18- LSB 1396YC (1) 87 jm/rh/rj 18/ 40