House File 517 - Reprinted
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 133)
(As Amended and Passed by the House March 7, 2017)
A BILL FOR
1 An Act relating to offensive and dangerous weapons, and the
2 justifiable use of reasonable and deadly force, including
3 carrying, possessing, transferring, and acquiring weapons,
4 the purchase and regulation of such weapons, providing
5 penalties, and including effective date and applicability
6 provisions.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
HF 517 (4) 87
jm/rh/rj/md
PAG LIN
1 1 DIVISION I
1 2 OFFENSIVE WEAPONS
1 3 Section 1. Section 724.1, subsection 1, paragraph b, Code
1 4 2017, is amended by striking the paragraph.
1 5 Sec. 2. NEW SECTION. 724.1C Short=barreled rifle or
1 6 short=barreled shotgun ==== penalty.
1 7 1. For purposes of this section, "short=barreled rifle" or
1 8 "short=barreled shotgun" means the same as defined in 18 U.S.C.
1 9 {921.
1 10 2. A person shall not knowingly possess a short=barreled
1 11 rifle or short=barreled shotgun in violation of federal law.
1 12 3. A person who possesses a short=barreled rifle or
1 13 short=barreled shotgun in violation of subsection 1 commits a
1 14 class "D" felony.
1 15 DIVISION II
1 16 CARRYING WEAPONS AND POSSESSION OF WEAPONS
1 17 Sec. 3. Section 232.52, subsection 2, paragraph a,
1 18 subparagraph (4), subparagraph division (a), subparagraph
1 19 subdivision (viii), Code 2017, is amended to read as follows:
1 20 (viii) Section 724.4, if the child carried the dangerous
1 21 weapon on school grounds or 724.4B.
1 22 Sec. 4. Section 708.8, Code 2017, is amended to read as
1 23 follows:
1 24 708.8 Going armed with intent.
1 25 A person who goes armed with any dangerous weapon with the
1 26 intent to use without justification such weapon against the
1 27 person of another commits a class "D" felony. The intent
1 28 required for a violation of this section shall not be inferred
1 29 from the mere carrying or concealment of any dangerous weapon
1 30 itself, including the carrying of a loaded firearm, whether in
1 31 a vehicle or on or about a person's body.
1 32 Sec. 5. Section 724.4B, subsection 2, Code 2017, is amended
1 33 by adding the following new paragraph:
1 34 NEW PARAGRAPH. c. A private investigator or private
1 35 security officer who possesses a valid license pursuant to
2 1 chapter 80A, while engaged in the performance of duties as
2 2 a private investigator or private security officer, if the
2 3 private investigator or private security officer possesses a
2 4 valid professional or nonprofessional permit to carry weapons
2 5 issued pursuant to this chapter.
2 6 Sec. 6. Section 724.4C, Code 2017, is amended to read as
2 7 follows:
2 8 724.4C Possession or carrying of firearms dangerous weapons
2 9 while under the influence.
2 10 1. A permit issued under this chapter is invalid if the
2 11 Except as provided in subsection 2, a person to whom the permit
2 12 is issued is commits a serious misdemeanor if the person
2 13 is intoxicated as provided under the conditions set out in
2 14 section 321J.2, subsection 1., and the person does any of the
2 15 following:
2 16 a. Carries a dangerous weapon on or about the person.
2 17 b. Carries a dangerous weapon within the person's immediate
2 18 access or reach while in a vehicle.
2 19 2. This section shall not apply to any of the following:
2 20 a. A person who carries or possesses a dangerous weapon
2 21 while in the person's own dwelling, place of business, or on
2 22 land owned or lawfully possessed by the person.
2 23 b. The transitory possession or use of a dangerous weapon
2 24 during an act of justified self=defense or justified defense of
2 25 another, provided that the possession lasts no longer than is
2 26 immediately necessary to resolve the emergency.
2 27 Sec. 7. Section 724.5, Code 2017, is amended to read as
2 28 follows:
2 29 724.5 Duty to carry permit to carry weapons.
2 30 1. A person armed with a revolver, pistol, or pocket billy
2 31 concealed upon the person shall have in the person's immediate
2 32 possession the permit provided for in section 724.4, subsection
2 33 4, paragraph "i", and shall produce the permit for inspection at
2 34 the request of a peace officer. Failure to so produce a permit
2 35 is a simple misdemeanor.
3 1 2. A person charged with a violation of subsection 1 who
3 2 produces to the clerk of the district court prior to the
3 3 date of the person's court appearance proof that the person
3 4 possesses a valid permit to carry weapons which was valid at
3 5 the time of the alleged offense, shall not be convicted of a
3 6 violation of subsection 1 and the charge shall be dismissed by
3 7 the court. Upon dismissal, the court shall assess the costs
3 8 of the action against the person named on the indictment or
3 9 information.
3 10 DIVISION III
3 11 PERMIT TO CARRY WEAPONS AND FIREARM SAFETY TRAINING
3 12 Sec. 8. Section 80A.13, subsection 1, Code 2017, is amended
3 13 to read as follows:
3 14 1. File with the sheriff of the county in which the campus
3 15 is located evidence that the individual has successfully
3 16 completed an approved firearms firearm safety training program
3 17 under section 724.9. This requirement does not apply to
3 18 armored car personnel.
3 19 Sec. 9. Section 724.9, Code 2017, is amended to read as
3 20 follows:
3 21 724.9 Firearm safety training program.
3 22 1. An applicant for an initial permit to carry weapons shall
3 23 demonstrate knowledge of firearm safety by any of the following
3 24 means:
3 25 a. Completion of any national rifle association handgun
3 26 safety training course.
3 27 b. Completion of any handgun safety training course
3 28 available to the general public offered by a law enforcement
3 29 agency, community college, college, private or public
3 30 institution or organization, or firearms training school,
3 31 utilizing instructors certified by the national rifle
3 32 association or the department of public safety or another
3 33 state's department of public safety, state police department,
3 34 or similar certifying body.
3 35 c. Completion of any handgun safety training course offered
4 1 for security guards, investigators, special deputies, or any
4 2 division or subdivision of a law enforcement or security
4 3 enforcement agency approved by the department of public safety.
4 4 d. Completion of small arms training while serving with the
4 5 armed forces of the United States as evidenced by any of the
4 6 following:.
4 7 (1) For personnel released or retired from active duty,
4 8 possession of an honorable discharge or general discharge under
4 9 honorable conditions.
4 10 (2) For personnel on active duty or serving in one of the
4 11 national guard or reserve components of the armed forces of the
4 12 United States, possession of a certificate of completion of
4 13 basic training with a service record of successful completion
4 14 of small arms training and qualification.
4 15 e. Completion of a law enforcement agency firearms firearm
4 16 safety training course that qualifies a peace officer to carry
4 17 a firearm in the normal course of the peace officer's duties.
4 18 f. Completion of a hunter safety course taken on or after
4 19 July 1, 2017, that covers handgun safety training.
4 20 2. The handgun safety training course required in
4 21 subsection 1 may be conducted over the internet in a live or
4 22 web=based format, if completion of the course is verified by
4 23 the instructor or provider of the course.
4 24 3. Firearm safety training shall not be required for
4 25 renewals of permits issued after December 31, 2010.
4 26 2. 4. Evidence If firearm safety training is required under
4 27 this section, evidence of qualification under this section such
4 28 training may be documented by any of the following:
4 29 a. A photocopy of a certificate of completion or any
4 30 similar document indicating completion of any course or
4 31 class identified in subsection 1 that was completed within
4 32 twenty=four months prior to the date of the application.
4 33 b. An affidavit from the instructor, school, organization,
4 34 or group that conducted or taught a course or class identified
4 35 in subsection 1 that was completed within twenty=four
5 1 months prior to the date of the application attesting to the
5 2 completion of the course or class by the applicant.
5 3 c. A copy of any document indicating participation in any
5 4 firearms shooting competition.
5 5 c. For personnel released or retired from active duty in the
5 6 armed forces of the United States, possession of an honorable
5 7 discharge or general discharge under honorable conditions
5 8 issued any time prior to the date of the application.
5 9 d. For personnel on active duty or serving in one of the
5 10 national guard or reserve components of the armed forces of the
5 11 United States, possession of a certificate of completion of
5 12 basic training with a service record of successful completion
5 13 of small arms training and qualification issued prior to the
5 14 date of the application, or any other official documentation
5 15 satisfactory to the issuing officer issued prior to the date
5 16 of the application.
5 17 3. 5. An issuing officer shall not condition the issuance
5 18 of a permit on training requirements that are not specified in
5 19 or that exceed the requirements of this section.
5 20 6. If an applicant applies after expiration of the time
5 21 periods specified for renewal in section 724.11, firearm safety
5 22 training shall not be required for a renewal permit under this
5 23 section.
5 24 Sec. 10. Section 724.11, subsections 1 and 3, Code 2017, are
5 25 amended to read as follows:
5 26 1. Applications for permits to carry weapons shall be made
5 27 to the sheriff of the county in which the applicant resides.
5 28 Applications for professional permits to carry weapons for
5 29 persons who are nonresidents of the state, or whose need to
5 30 go armed arises out of employment by the state, shall be made
5 31 to the commissioner of public safety. In either case, the
5 32 sheriff or commissioner, before issuing the permit, shall
5 33 determine that the requirements of sections 724.6 to 724.10
5 34 have been satisfied. However, for renewal of a permit the
5 35 training program requirements in section 724.9, subsection 1,
6 1 shall apply or the renewal applicant may choose to qualify on a
6 2 firing range under the supervision of an instructor certified
6 3 by the national rifle association or the department of public
6 4 safety or another state's department of public safety, state
6 5 police department, or similar certifying body. Such training
6 6 or qualification must occur within the twelve=month period
6 7 prior to the expiration of the applicant's current permit.
6 8 A renewal applicant shall apply within thirty days prior to
6 9 the expiration of the permit, or within thirty days after the
6 10 expiration of the permit; otherwise the applicant shall be
6 11 considered an applicant for an initial permit for purposes of
6 12 renewal fees under subsection 3.
6 13 3. The issuing officer shall collect a fee of fifty dollars
6 14 for an initial permit, except from a duly appointed peace
6 15 officer or correctional officer, for each permit issued.
6 16 Renewal permits or duplicate permits shall be issued for a
6 17 fee of twenty=five dollars, provided the application for such
6 18 renewal permit is received by the issuing officer at least
6 19 within thirty days prior to the expiration of the applicant's
6 20 current permit or within thirty days after the expiration of
6 21 the applicant's current permit. The issuing officer shall
6 22 notify the commissioner of public safety of the issuance of
6 23 any permit at least monthly and forward to the commissioner an
6 24 amount equal to ten dollars for each permit issued and five
6 25 dollars for each renewal or duplicate permit issued. All
6 26 such fees received by the commissioner shall be paid to the
6 27 treasurer of state and deposited in the operating account
6 28 of the department of public safety to offset the cost of
6 29 administering this chapter. Notwithstanding section 8.33, any
6 30 unspent balance as of June 30 of each year shall not revert to
6 31 the general fund of the state.
6 32 Sec. 11. Section 724.11, Code 2017, is amended by adding the
6 33 following new subsection:
6 34 NEW SUBSECTION. 5. An initial or renewal permit shall
6 35 have a uniform appearance, size, and content prescribed and
7 1 published by the commissioner of public safety. The permit
7 2 shall contain the name of the permittee and the effective date
7 3 of the permit, but shall not contain the permittee's social
7 4 security number. The permit shall also include a designation
7 5 that the permit is invalid when the permittee is intoxicated.
7 6 Such a permit shall not be issued for a particular weapon
7 7 and shall not contain information about a particular weapon
7 8 including the make, model, or serial number of the weapon, or
7 9 any ammunition used in that weapon.
7 10 Sec. 12. Section 724.21A, Code 2017, is amended by adding
7 11 the following new subsection:
7 12 NEW SUBSECTION. 8. If an applicant or permit holder
7 13 appeals the decision by the sheriff or commissioner to deny an
7 14 application, or suspend or revoke a permit to carry weapons or
7 15 a permit to acquire firearms, and it is later determined the
7 16 applicant or permit holder is eligible to be issued or possess
7 17 such a permit, the applicant or permit holder shall be awarded
7 18 court costs and reasonable attorney fees. If the decision
7 19 of the sheriff or commissioner to deny the application, or
7 20 suspend or revoke the permit is upheld on appeal, the political
7 21 subdivision of the state representing the sheriff or the
7 22 commissioner shall be awarded court costs and reasonable
7 23 attorney fees.
7 24 DIVISION IV
7 25 PERMIT TO ACQUIRE PISTOLS OR REVOLVERS
7 26 Sec. 13. Section 724.11A, Code 2017, is amended to read as
7 27 follows:
7 28 724.11A Recognition.
7 29 A valid permit or license issued by another state to any
7 30 nonresident of this state shall be considered to be a valid
7 31 permit or license to carry weapons issued pursuant to this
7 32 chapter, except that such permit or license shall not be
7 33 considered to be a substitute for an annual a permit to acquire
7 34 pistols or revolvers issued pursuant to section 724.15.
7 35 Sec. 14. Section 724.15, subsection 1, unnumbered paragraph
8 1 1, Code 2017, is amended to read as follows:
8 2 Any person who desires to acquire ownership of any pistol
8 3 or revolver shall first obtain an annual a permit. An annual
8 4 A permit shall be issued upon request to any resident of this
8 5 state unless the person is subject to any of the following:
8 6 Sec. 15. Section 724.15, subsection 2, unnumbered paragraph
8 7 1, Code 2017, is amended to read as follows:
8 8 Any person who acquires ownership of a pistol or revolver
8 9 shall not be required to obtain an annual a permit if any of the
8 10 following apply:
8 11 Sec. 16. Section 724.15, subsection 3, Code 2017, is amended
8 12 to read as follows:
8 13 3. The annual permit to acquire pistols or revolvers shall
8 14 authorize the permit holder to acquire one or more pistols or
8 15 revolvers during the period that the permit remains valid. If
8 16 the issuing officer determines that the applicant has become
8 17 disqualified under the provisions of subsection 1, the issuing
8 18 officer may immediately revoke the permit and shall provide
8 19 a written statement of the reasons for revocation, and the
8 20 applicant shall have the right to appeal the revocation as
8 21 provided in section 724.21A.
8 22 Sec. 17. Section 724.16, Code 2017, is amended to read as
8 23 follows:
8 24 724.16 Annual permit Permit to acquire required ==== transfer
8 25 prohibited.
8 26 1. Except as otherwise provided in section 724.15,
8 27 subsection 2, a person who acquires ownership of a pistol or
8 28 revolver without a valid annual permit to acquire pistols or
8 29 revolvers or a person who transfers ownership of a pistol
8 30 or revolver to a person who does not have in the person's
8 31 possession a valid annual permit to acquire pistols or
8 32 revolvers is guilty of an aggravated misdemeanor.
8 33 2. A person who transfers ownership of a pistol or revolver
8 34 to a person that the transferor knows is prohibited by section
8 35 724.15 from acquiring ownership of a pistol or revolver commits
9 1 a class "D" felony.
9 2 Sec. 18. Section 724.17, Code 2017, is amended to read as
9 3 follows:
9 4 724.17 Application for annual permit Permit to acquire ====
9 5 criminal history check required.
9 6 1. The application for an annual a permit to acquire
9 7 pistols or revolvers may be made to the sheriff of the county
9 8 of the applicant's residence and shall be on a form prescribed
9 9 and published by the commissioner of public safety. The
9 10 application shall require only the full name of the applicant,
9 11 the driver's license or nonoperator's identification card
9 12 number of the applicant, the residence of the applicant,
9 13 and the date and place of birth of the applicant. The
9 14 applicant shall also display an identification card that
9 15 bears a distinguishing number assigned to the cardholder, the
9 16 full name, date of birth, sex, residence address, and brief
9 17 description and color photograph of the cardholder, or other
9 18 identification as specified by rule of the department of public
9 19 safety. The sheriff shall conduct a criminal history check
9 20 concerning each applicant by obtaining criminal history data
9 21 from the department of public safety which shall include an
9 22 inquiry of the national instant criminal background check
9 23 system maintained by the federal bureau of investigation or any
9 24 successor agency. A person who makes what the person knows
9 25 to be a false statement of material fact on an application
9 26 submitted under this section or who submits what the person
9 27 knows to be any materially falsified or forged documentation in
9 28 connection with such an application commits a class "D" felony.
9 29 2. An issuing officer may conduct an annual criminal
9 30 history check concerning a person issued a permit to acquire by
9 31 obtaining criminal history data from the department of public
9 32 safety.
9 33 Sec. 19. Section 724.18, Code 2017, is amended to read as
9 34 follows:
9 35 724.18 Procedure for making application for annual permit to
10 1 acquire.
10 2 A person may personally request the sheriff to mail an
10 3 application for an annual a permit to acquire pistols or
10 4 revolvers, and the sheriff shall immediately forward to
10 5 such person an application for an annual a permit to acquire
10 6 pistols or revolvers. A person shall upon completion of the
10 7 application personally deliver such application to the sheriff
10 8 who shall note the period of validity on the application and
10 9 shall immediately issue the annual permit to acquire pistols or
10 10 revolvers to the applicant. For the purposes of this section
10 11 the date of application shall be the date on which the sheriff
10 12 received the completed application.
10 13 Sec. 20. Section 724.19, Code 2017, is amended to read as
10 14 follows:
10 15 724.19 Issuance of annual permit to acquire.
10 16 The annual permit to acquire pistols or revolvers shall be
10 17 issued to the applicant immediately upon completion of the
10 18 application unless the applicant is disqualified under the
10 19 provisions of section 724.15 and. The permit shall be on a
10 20 form have a uniform appearance, size, and content prescribed
10 21 and published by the commissioner of public safety. The permit
10 22 shall contain the name of the permittee, the residence of the
10 23 permittee, and the effective date of the permit, but shall not
10 24 contain the permittee's social security number. Such a permit
10 25 shall not be issued for a particular pistol or revolver and
10 26 shall not contain information about a particular pistol or
10 27 revolver including the make, model, or serial number of the
10 28 pistol or revolver, or any ammunition used in that pistol or
10 29 revolver.
10 30 Sec. 21. Section 724.20, Code 2017, is amended to read as
10 31 follows:
10 32 724.20 Validity of annual permit to acquire pistols or
10 33 revolvers.
10 34 The permit shall be valid throughout the state and shall
10 35 be valid three days after the date of application and shall
11 1 be invalid one year five years after the date of application
11 2 issuance.
11 3 Sec. 22. Section 724.21A, subsections 1 and 7, Code 2017,
11 4 are amended to read as follows:
11 5 1. In any case where the sheriff or the commissioner of
11 6 public safety denies an application for or suspends or revokes
11 7 a permit to carry weapons or an annual a permit to acquire
11 8 pistols or revolvers, the sheriff or commissioner shall provide
11 9 a written statement of the reasons for the denial, suspension,
11 10 or revocation and the applicant or permit holder shall have the
11 11 right to appeal the denial, suspension, or revocation to an
11 12 administrative law judge in the department of inspections and
11 13 appeals within thirty days of receiving written notice of the
11 14 denial, suspension, or revocation.
11 15 7. In any case where the issuing officer denies an
11 16 application for, or suspends or revokes a permit to carry
11 17 weapons or an annual a permit to acquire pistols or revolvers
11 18 solely because of an adverse determination by the national
11 19 instant criminal background check system, the applicant or
11 20 permit holder shall not seek relief under this section but
11 21 may pursue relief of the national instant criminal background
11 22 check system determination pursuant to Pub. L. No. 103=159,
11 23 sections 103(f) and (g) and 104 and 28 C.F.R. {25.10, or other
11 24 applicable law. The outcome of such proceedings shall be
11 25 binding on the issuing officer.
11 26 DIVISION V
11 27 POSSESSION OF PISTOL OR REVOLVER BY PERSONS UNDER 14 YEARS OF
11 28 AGE
11 29 Sec. 23. Section 724.22, subsection 5, Code 2017, is amended
11 30 to read as follows:
11 31 5. a. A parent or guardian or spouse who is twenty=one
11 32 years of age or older, of a person fourteen years of age but
11 33 less than under the age of twenty=one may allow the person,
11 34 while under direct supervision, to possess a pistol or revolver
11 35 or the ammunition therefor for any lawful purpose while
12 1 under the direct supervision of the parent or guardian or
12 2 spouse who is twenty=one years of age or older, or while the
12 3 person receives instruction in the proper use thereof from an
12 4 instructor twenty=one years of age or older, with the consent
12 5 of such parent, guardian or spouse.
12 6 b. As used in this section, "direct supervision" means
12 7 supervision provided by the parent, guardian, or spouse who is
12 8 twenty=one years of age or older and who maintains a physical
12 9 presence near the supervised person conducive to hands=on
12 10 instruction, and who maintains visual and verbal contact at all
12 11 times with the supervised person.
12 12 Sec. 24. Section 724.22, Code 2017, is amended by adding the
12 13 following new subsection:
12 14 NEW SUBSECTION. 8. A parent or guardian or spouse who is
12 15 twenty=one years of age or older, of a minor under the age of
12 16 fourteen years who allows that minor to possess a pistol or
12 17 revolver or the ammunition pursuant hereto, shall be strictly
12 18 liable to an injured party for all damages resulting from the
12 19 possession of the pistol or revolver or ammunition therefor by
12 20 that minor.
12 21 DIVISION VI
12 22 RECORDS KEPT BY COMMISSIONER ==== CONFIDENTIALITY
12 23 Sec. 25. Section 724.23, Code 2017, is amended to read as
12 24 follows:
12 25 724.23 Records kept by commissioner and issuing officers.
12 26 1. The commissioner of public safety shall maintain a
12 27 permanent record of all valid permits to carry weapons and of
12 28 current permit revocations.
12 29 2. a. Notwithstanding any other law or rule to the
12 30 contrary, the commissioner of public safety and any issuing
12 31 officer shall keep confidential personally identifiable
12 32 information of holders of nonprofessional permits to carry
12 33 weapons and permits to acquire firearms, including but not
12 34 limited to the name, social security number, date of birth,
12 35 residential or business address, and driver's license or other
13 1 identification number of the applicant or permit holder.
13 2 b. This subsection shall not prohibit the release of
13 3 statistical information relating to the issuance, denial,
13 4 revocation, or administration of nonprofessional permits to
13 5 carry weapons and permits to acquire firearms, provided that
13 6 the release of such information does not reveal the identity of
13 7 any individual permit holder.
13 8 c. This subsection shall not prohibit the release of
13 9 information to any law enforcement agency or any employee or
13 10 agent thereof when necessary for the purpose of investigating
13 11 a possible violation of law and probable cause exists, or for
13 12 conducting a lawfully authorized background investigation.
13 13 d. This subsection shall not prohibit the release of
13 14 information relating to the validity of a professional permit
13 15 to carry weapons to an employer who requires an employee or an
13 16 agent of the employer to possess a professional permit to carry
13 17 weapons as part of the duties of the employee or agent.
13 18 e. Except as provided in paragraphs "b", "c", and "d", the
13 19 release of any confidential information under this section
13 20 shall require a court order or the consent of the person whose
13 21 personally identifiable information is the subject of the
13 22 information request.
13 23 DIVISION VII
13 24 STATE PREEMPTION
13 25 Sec. 26. Section 724.28, Code 2017, is amended to read as
13 26 follows:
13 27 724.28 Prohibition of regulation by political subdivisions.
13 28 1. As used in this section, "political subdivision of the
13 29 state" means a city, county, or township.
13 30 2. A political subdivision of the state shall not enact an
13 31 ordinance regulating the ownership, possession, legal transfer,
13 32 lawful transportation, registration, or licensing of firearms
13 33 when the ownership, possession, transfer, or transportation is
13 34 otherwise lawful under the laws of this state. An ordinance
13 35 regulating firearms in violation of this section existing on or
14 1 after April 5, 1990, is void.
14 2 3. If a political subdivision of the state, prior to, on,
14 3 or after July 1, 2017, adopts, makes, enacts, or amends any
14 4 ordinance, measure, enactment, rule, resolution, motion, or
14 5 policy regulating the ownership, possession, legal transfer,
14 6 lawful transportation, registration, or licensing of firearms
14 7 when the ownership, possession, transfer, transportation,
14 8 registration, or license is otherwise lawful under the laws
14 9 of this state, a person adversely affected by the ordinance,
14 10 measure, enactment, rule, resolution, motion, or policy
14 11 may file suit in the appropriate court for declarative and
14 12 injunctive relief for damages. A court shall award reasonable
14 13 attorney's fees and costs to the prevailing plaintiff in any
14 14 such suit.
14 15 DIVISION VIII
14 16 PISTOLS OR REVOLVERS ==== CAPITOL BUILDINGS AND GROUNDS
14 17 Sec. 27. Section 8A.322, subsection 3, Code 2017, is amended
14 18 to read as follows:
14 19 3. The director shall establish, publish, and enforce rules
14 20 regulating and restricting the use by the public of the capitol
14 21 buildings and grounds and of the state laboratories facility
14 22 in Ankeny. The rules when established shall be posted in
14 23 conspicuous places about the capitol buildings and grounds and
14 24 the state laboratories facility, as applicable. Any person
14 25 violating any rule, except a parking regulation, shall be
14 26 guilty of a simple misdemeanor. The rules shall prohibit a
14 27 person from openly carrying a pistol or revolver in the capitol
14 28 building and on the grounds surrounding the capitol building
14 29 including state parking lots and parking garages. However,
14 30 this subsection shall not be construed to allow the director
14 31 to prohibit the carrying, transportation, or possession of any
14 32 pistol or revolver in the capitol building and on the grounds
14 33 surrounding the capitol building including state parking lots
14 34 and parking garages when the carrying, transportation, or
14 35 possession is otherwise lawful under the laws of this state.
15 1 DIVISION IX
15 2 EMERGENCY POWERS
15 3 Sec. 28. Section 29C.3, subsection 4, paragraph e, Code
15 4 2017, is amended by striking the paragraph.
15 5 Sec. 29. Section 29C.6, subsection 16, Code 2017, is amended
15 6 to read as follows:
15 7 16. Suspend or limit the sale, dispensing, or
15 8 transportation of alcoholic beverages, firearms, explosives,
15 9 and combustibles.
15 10 Sec. 30. NEW SECTION. 29C.25 Firearms and ammunition ====
15 11 limitations ==== exceptions ==== remedies.
15 12 1. This chapter shall not be construed to authorize the
15 13 governor or any other official of this state or any of its
15 14 political subdivisions or any agent or person acting at the
15 15 direction of the governor or any such official to do any of the
15 16 following:
15 17 a. Prohibit, regulate, or curtail the otherwise lawful
15 18 possession, carrying, transportation, transfer, or defensive
15 19 use of firearms or ammunition.
15 20 b. Suspend or revoke, except in accordance with section
15 21 724.13, a permit issued pursuant to section 724.6, 724.7, or
15 22 724.15.
15 23 c. Seize or confiscate firearms and ammunition possessed in
15 24 accordance with the laws of this state.
15 25 2. This section shall not prohibit any of the following:
15 26 a. The temporary closure or limitations on the operating
15 27 hours of businesses that sell firearms or ammunition if the
15 28 same operating restrictions apply to all businesses in the
15 29 affected area.
15 30 b. The adoption or enforcement of regulations pertaining to
15 31 firearms and ammunition used or carried for official purposes
15 32 by law enforcement officers or persons acting under the
15 33 authority of emergency management agencies or officials.
15 34 3. a. A person aggrieved by a violation of this section
15 35 may seek relief in an action at law or in equity or in any
16 1 other proper proceeding for actual damages, injunctive relief,
16 2 or other appropriate redress against a person who commits or
16 3 causes the commission of such violation.
16 4 b. In addition to any other remedy available at law or
16 5 in equity, a person aggrieved by the seizure or confiscation
16 6 of a firearm or ammunition in violation of this section may
16 7 make application pursuant to section 809.3 for its return in
16 8 the office of the clerk of court for the county in which the
16 9 property was seized.
16 10 c. In an action or proceeding to enforce this section, the
16 11 court shall award the prevailing plaintiff reasonable court
16 12 costs and attorney fees.
16 13 DIVISION X
16 14 JUSTIFIABLE USE OF REASONABLE AND DEADLY FORCE
16 15 Sec. 31. Section 704.1, Code 2017, is amended to read as
16 16 follows:
16 17 704.1 Reasonable force.
16 18 1. "Reasonable force" is means that force and no more which
16 19 a reasonable person, in like circumstances, would judge to
16 20 be necessary to prevent an injury or loss and can include
16 21 deadly force if it is reasonable to believe that such force is
16 22 necessary to avoid injury or risk to one's life or safety or
16 23 the life or safety of another, or it is reasonable to believe
16 24 that such force is necessary to resist a like force or threat.
16 25 2. Reasonable force, including deadly force, may be used
16 26 even if an alternative course of action is available if the
16 27 alternative action entails a risk to life or safety, or the
16 28 life or safety of a third party, or requires one to abandon or
16 29 retreat from one's dwelling or place of business or employment.
16 30 3. A person may be wrong in the estimation of the danger or
16 31 the force necessary to repel the danger as long as there is a
16 32 reasonable basis for the belief of the person and the person
16 33 acts reasonably in the response to that belief.
16 34 4. A person who is not engaged in illegal activity has no
16 35 duty to retreat from any place where the person is lawfully
17 1 present before using force as specified in this chapter.
17 2 Sec. 32. Section 704.2, Code 2017, is amended by adding the
17 3 following new subsection:
17 4 NEW SUBSECTION. 1A. "Deadly force" does not include a
17 5 threat to cause serious injury or death, by the production,
17 6 display, or brandishing of a deadly weapon, as long as the
17 7 actions of the person are limited to creating an expectation
17 8 that the person may use deadly force to defend oneself,
17 9 another, or as otherwise authorized by law.
17 10 Sec. 33. NEW SECTION. 704.2A Justifiable use of deadly
17 11 force.
17 12 1. For purposes of this chapter, a person is presumed to
17 13 reasonably believe that deadly force is necessary to avoid
17 14 injury or risk to one's life or safety or the life or safety of
17 15 another in either of the following circumstances:
17 16 a. The person against whom force is used, at the time the
17 17 force is used, is doing any of the following:
17 18 (1) Unlawfully entering the dwelling, place of business
17 19 or employment, or occupied vehicle of the person using force
17 20 by force or stealth, or has unlawfully entered by force or
17 21 stealth and remains within the dwelling, place of business or
17 22 employment, or occupied vehicle of the person using force.
17 23 (2) Unlawfully removing or is attempting to unlawfully
17 24 remove another person against the other person's will from the
17 25 dwelling, place of business or employment, or occupied vehicle
17 26 of the person using force.
17 27 b. The person using force knows or has reason to believe
17 28 that any of the conditions set forth in paragraph "a" are
17 29 occurring.
17 30 2. The presumption set forth in subsection 1 does not
17 31 apply if, at the time force is used, any of the following
17 32 circumstances are present:
17 33 a. The person using defensive force is engaged in a
17 34 criminal offense, is attempting to escape from the scene of a
17 35 criminal offense that the person has committed, or is using the
18 1 dwelling, place of business or employment, or occupied vehicle
18 2 to further a criminal offense.
18 3 b. The person sought to be removed is a child or grandchild
18 4 or is otherwise in the lawful custody or under the lawful
18 5 guardianship of the person against whom force is used.
18 6 c. The person against whom force is used is a peace officer
18 7 who has entered or is attempting to enter a dwelling, place
18 8 of business or employment, or occupied vehicle in the lawful
18 9 performance of the peace officer's official duties.
18 10 d. The person against whom the force is used has the right
18 11 to be in, or is a lawful resident of, the dwelling, place of
18 12 business or employment, or occupied vehicle of the person using
18 13 force, and a protective or no=contact order is not in effect
18 14 against the person against whom the force is used.
18 15 Sec. 34. Section 704.3, Code 2017, is amended to read as
18 16 follows:
18 17 704.3 Defense of self or another.
18 18 A person is justified in the use of reasonable force when
18 19 the person reasonably believes that such force is necessary to
18 20 defend oneself or another from any actual or imminent use of
18 21 unlawful force.
18 22 Sec. 35. Section 704.7, Code 2017, is amended to read as
18 23 follows:
18 24 704.7 Resisting forcible felony.
18 25 A person who knows reasonably believes that a forcible felony
18 26 is being or will imminently be perpetrated is justified in
18 27 using, against the perpetrator, reasonable force, including
18 28 deadly force, against the perpetrator or perpetrators to
18 29 prevent the completion of or terminate the perpetration of that
18 30 felony.
18 31 Sec. 36. NEW SECTION. 704.13 Immunity.
18 32 A person who is justified in using reasonable force against
18 33 an aggressor in defense of oneself, another person, or property
18 34 is immune from criminal or civil liability for all damages
18 35 incurred by the aggressor pursuant to the application of
19 1 reasonable force.
19 2 Sec. 37. Section 707.6, Code 2017, is amended to read as
19 3 follows:
19 4 707.6 Civil liability.
19 5 1. No A person who injures or causes the death of the
19 6 aggressor through application of reasonable force in defense of
19 7 the person's person or property may shall not be held civilly
19 8 liable for such injury or death.
19 9 2. No A person who injures or causes the death of the
19 10 aggressor through application of reasonable force in defense of
19 11 a second person may shall not be held civilly liable for such
19 12 injury or death.
19 13 DIVISION XI
19 14 FRAUDULENT PURCHASE OF FIREARMS OR AMMUNITION
19 15 Sec. 38. NEW SECTION. 724.29A Fraudulent purchase of
19 16 firearms or ammunition.
19 17 1. For purposes of this section:
19 18 a. "Ammunition" means any cartridge, shell, or projectile
19 19 designed for use in a firearm.
19 20 b. "Licensed firearms dealer" means a person who is licensed
19 21 pursuant to 18 U.S.C. {923 to engage in the business of dealing
19 22 in firearms.
19 23 c. "Materially false information" means information that
19 24 portrays an illegal transaction as legal or a legal transaction
19 25 as illegal.
19 26 d. "Private seller" means a person who sells or offers for
19 27 sale any firearm or ammunition.
19 28 2. A person who knowingly solicits, persuades, encourages,
19 29 or entices a licensed firearms dealer or private seller of
19 30 firearms or ammunition to transfer a firearm or ammunition
19 31 under circumstances that the person knows would violate the
19 32 laws of this state or of the United States commits a class "D"
19 33 felony.
19 34 3. A person who knowingly provides materially false
19 35 information to a licensed firearms dealer or private seller of
20 1 firearms or ammunition with the intent to deceive the firearms
20 2 dealer or seller about the legality of a transfer of a firearm
20 3 or ammunition commits a class "D" felony.
20 4 4. A person who willfully procures another to engage in
20 5 conduct prohibited by this section shall be held accountable
20 6 as a principal.
20 7 5. This section does not apply to a law enforcement officer
20 8 acting in the officer's official capacity or to a person acting
20 9 under the direction of such law enforcement officer.
20 10 DIVISION XII
20 11 SNOWMOBILES AND ALL=TERRAIN VEHICLES
20 12 Sec. 39. Section 321G.13, subsection 2, Code 2017, is
20 13 amended to read as follows:
20 14 2. a. A person shall not operate or ride a snowmobile with
20 15 a firearm in the person's possession unless it is unloaded and
20 16 enclosed in a carrying case, except as otherwise provided.
20 17 However, a nonambulatory person may carry an uncased and
20 18 unloaded firearm while operating or riding a snowmobile.
20 19 b. (1) A person may operate or ride on a snowmobile with a
20 20 loaded firearm, whether concealed or not, without a permit to
20 21 carry weapons, if the person operates or rides on land owned or
20 22 possessed by the person, and the person's conduct is otherwise
20 23 lawful.
20 24 (2) If a person is operating or riding on a snowmobile on
20 25 land that is not owned or possessed by the person, the person
20 26 may operate or ride the snowmobile with a loaded firearm pistol
20 27 or revolver, whether concealed or not, if all of the following
20 28 apply:
20 29 (a) The firearm is a pistol or revolver and is secured in a
20 30 retention holster upon the person.
20 31 (b) The person has in the person's possession and displays
20 32 to a peace officer on demand a valid permit to carry weapons
20 33 which has been issued to the person.
20 34 (c) The person's conduct is within the limits of the permit
20 35 to carry weapons and the person's conduct is otherwise lawful.
21 1 c. A person shall not discharge a firearm while on a
21 2 snowmobile, except that a nonambulatory person may discharge a
21 3 firearm from a snowmobile while lawfully hunting if the person
21 4 is not operating or riding a moving snowmobile.
21 5 Sec. 40. Section 321I.14, subsection 2, Code 2017, is
21 6 amended to read as follows:
21 7 2. a. A person shall not operate or ride an all=terrain
21 8 vehicle with a firearm in the person's possession unless it is
21 9 unloaded and enclosed in a carrying case, except as otherwise
21 10 provided. However, a nonambulatory person may carry an uncased
21 11 and unloaded firearm while operating or riding an all=terrain
21 12 vehicle.
21 13 b. (1) A person may operate or ride on an all=terrain
21 14 vehicle with a loaded firearm, whether concealed or not,
21 15 without a permit to carry weapons, if the person operates
21 16 or rides on land owned or possessed by the person, and the
21 17 person's conduct is otherwise lawful.
21 18 (2) If a person is operating or riding on an all=terrain
21 19 vehicle on land that is not owned or possessed by the person,
21 20 the person may operate or ride the all=terrain vehicle with a
21 21 loaded firearm pistol or revolver, whether concealed or not,
21 22 if all of the following apply:
21 23 (a) The firearm is a pistol or revolver and is secured in a
21 24 retention holster upon the person.
21 25 (b) The person has in the person's possession and displays
21 26 to a peace officer on demand a valid permit to carry weapons
21 27 which has been issued to the person.
21 28 (c) The person's conduct is within the limits of the permit
21 29 to carry weapons and the person's conduct is otherwise lawful.
21 30 c. A person shall not discharge a firearm while on an
21 31 all=terrain vehicle, except that a nonambulatory person may
21 32 discharge a firearm from an all=terrain vehicle while lawfully
21 33 hunting if the person is not operating or riding a moving
21 34 all=terrain vehicle.
21 35 DIVISION XIII
22 1 TARGET SHOOTING ==== PRIVATE PREMISES
22 2 Sec. 41. Section 481A.123, Code 2017, is amended by adding
22 3 the following new subsection:
22 4 NEW SUBSECTION. 7. Subject to subsection 1, an owner or
22 5 tenant of private premises located in the unincorporated area
22 6 of a county, or a person to whom the owner or tenant has given
22 7 consent, may discharge a firearm for the purpose of target
22 8 shooting on those private premises. The use of such private
22 9 premises for target shooting shall not be found to be in
22 10 violation of a noise ordinance or declared a public or private
22 11 nuisance or be otherwise prohibited under state or local
22 12 law. As used in this subsection, "target shooting" means the
22 13 discharge of a firearm at an inanimate object, for amusement or
22 14 as a test of skill in marksmanship.
22 15 DIVISION XIV
22 16 EFFECTIVE DATE AND APPLICABILITY PROVISIONS
22 17 Sec. 42. EFFECTIVE UPON ENACTMENT. The following
22 18 provision or provisions of this Act, being deemed of immediate
22 19 importance, take effect upon enactment:
22 20 1. The section of this Act amending section 724.22.
22 21 2. The section of this Act amending section 724.23.
22 22 3. The applicability section of this division of this Act
22 23 related to amending section 724.23.
22 24 Sec. 43. APPLICABILITY ==== RECORDS KEPT BY COMMISSIONER ====
22 25 CONFIDENTIALITY. The section of this Act amending section
22 26 724.23 applies to holders of nonprofessional permits to carry
22 27 weapons and permits to acquire firearms and to applicants for
22 28 nonprofessional permits to carry weapons and permits to acquire
22 29 firearms on or after the effective date of that section of this
22 30 Act.
HF 517 (4) 87
jm/rh/rj/md