House File 517 - Enrolled
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 133)
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A BILL FOR
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House File 517
AN ACT
RELATING TO OFFENSIVE AND DANGEROUS WEAPONS, AND THE
JUSTIFIABLE USE OF REASONABLE AND DEADLY FORCE, INCLUDING
CARRYING, POSSESSING, TRANSFERRING, AND ACQUIRING WEAPONS,
THE PURCHASE AND REGULATION OF SUCH WEAPONS, PROVIDING
PENALTIES, AND INCLUDING EFFECTIVE DATE AND APPLICABILITY
PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
OFFENSIVE WEAPONS
Section 1. Section 724.1, subsection 1, paragraph b, Code
2017, is amended by striking the paragraph.
Sec. 2. NEW SECTION. 724.1C Short=barreled rifle or
short=barreled shotgun ==== penalty.
1. For purposes of this section, "short=barreled rifle" or
"short=barreled shotgun" means the same as defined in 18 U.S.C.
{921.
2. A person shall not knowingly possess a short=barreled
rifle or short=barreled shotgun in violation of federal law.
3. A person who possesses a short=barreled rifle or
short=barreled shotgun in violation of subsection 2 commits a
class "D" felony.
DIVISION II
CARRYING WEAPONS AND POSSESSION OF WEAPONS
Sec. 3. Section 232.52, subsection 2, paragraph a,
subparagraph (4), subparagraph division (a), subparagraph
subdivision (viii), Code 2017, is amended to read as follows:
(viii) Section 724.4, if the child carried the dangerous
weapon on school grounds or 724.4B.
Sec. 4. Section 708.8, Code 2017, is amended to read as
follows:
708.8 Going armed with intent.
A person who goes armed with any dangerous weapon with the
intent to use without justification such weapon against the
person of another commits a class "D" felony. The intent
required for a violation of this section shall not be inferred
from the mere carrying or concealment of any dangerous weapon
itself, including the carrying of a loaded firearm, whether in
a vehicle or on or about a person's body.
Sec. 5. Section 724.2A, Code 2017, is amended to read as
follows:
724.2A Peace officer defined and reserve peace officer ====
defined.
As used in sections 724.4, 724.6, and 724.11 regarding
obtaining or renewing a permit for the carrying of weapons,
"peace officer" means a certified "peace officer" and includes a
reserve peace officer as defined in section 80D.1A.
Sec. 6. Section 724.4, subsection 4, paragraph b, Code 2017,
is amended to read as follows:
b. A peace officer, when the officer's duties require the
person to carry such weapons, or as provided in section 724.6.
Sec. 7. Section 724.4B, subsection 2, Code 2017, is amended
by adding the following new paragraph:
NEW PARAGRAPH. c. A licensee under chapter 80A or an
employee of such a licensee, while the licensee or employee
is engaged in the performance of duties, and if the licensee
or employee possesses a valid professional or nonprofessional
permit to carry weapons issued pursuant to this chapter.
Sec. 8. Section 724.4C, Code 2017, is amended to read as
follows:
724.4C Possession or carrying of firearms dangerous weapons
while under the influence.
1. A permit issued under this chapter is invalid if the
Except as provided in subsection 2, a person to whom the permit
is issued is commits a serious misdemeanor if the person
is intoxicated as provided under the conditions set out in
section 321J.2, subsection 1., and the person does any of the
following:
a. Carries a dangerous weapon on or about the person.
b. Carries a dangerous weapon within the person's immediate
access or reach while in a vehicle.
2. This section shall not apply to any of the following:
a. A person who carries or possesses a dangerous weapon
while in the person's own dwelling, place of business, or on
land owned or lawfully possessed by the person.
b. The transitory possession or use of a dangerous weapon
during an act of justified self=defense or justified defense of
another, provided that the possession lasts no longer than is
immediately necessary to resolve the emergency.
Sec. 9. Section 724.5, Code 2017, is amended to read as
follows:
724.5 Duty to carry permit to carry weapons.
1. A person armed with a revolver, pistol, or pocket billy
concealed upon the person shall have in the person's immediate
possession the permit provided for in section 724.4, subsection
4, paragraph "i", and shall produce the permit for inspection at
the request of a peace officer. Failure to so produce a permit
is a simple misdemeanor.
2. A person charged with a violation of subsection 1 who
produces to the clerk of the district court prior to the
date of the person's court appearance proof that the person
possesses a valid permit to carry weapons which was valid at
the time of the alleged offense, shall not be convicted of a
violation of subsection 1 and the charge shall be dismissed by
the court. Upon dismissal, the court shall assess the costs
of the action against the person named on the indictment or
information.
Sec. 10. Section 724.6, subsection 1, Code 2017, is amended
to read as follows:
1. a. A person may be issued a permit to carry weapons when
the person's employment in a private investigation business
or private security business licensed under chapter 80A, or a
person's employment as a peace officer, correctional officer,
security guard, bank messenger or other person transporting
property of a value requiring security, or in police work,
reasonably justifies that person going armed.
b. The permit shall be on a form prescribed and published
by the commissioner of public safety, shall identify the
holder, and shall state the nature of the employment requiring
the holder to go armed. A permit so issued, other than to
a peace officer, shall authorize the person to whom it is
issued to go armed anywhere in the state, only while engaged
in the employment, and while going to and from the place of the
employment.
c. A permit issued to a certified peace officer shall
authorize that peace officer to go armed anywhere in the state
at all times, including on the grounds of a school.
d. Permits shall expire twelve months after the date
when issued except that permits issued to peace officers and
correctional officers are valid through the officer's period of
employment unless otherwise canceled. When the employment is
terminated, the holder of the permit shall surrender it to the
issuing officer for cancellation.
DIVISION III
PERMIT TO CARRY WEAPONS AND FIREARM SAFETY TRAINING
Sec. 11. Section 80A.13, subsection 1, Code 2017, is amended
to read as follows:
1. File with the sheriff of the county in which the campus
is located evidence that the individual has successfully
completed an approved firearms firearm safety training program
under section 724.9. This requirement does not apply to
armored car personnel.
Sec. 12. Section 724.9, Code 2017, is amended to read as
follows:
724.9 Firearm safety training program.
1. An applicant for an initial permit to carry weapons shall
demonstrate knowledge of firearm safety by any of the following
means:
a. Completion of any national rifle association handgun
safety training course.
b. Completion of any handgun safety training course
available to the general public offered by a law enforcement
agency, community college, college, private or public
institution or organization, or firearms training school,
utilizing instructors certified by the national rifle
association or the department of public safety or another
state's department of public safety, state police department,
or similar certifying body.
c. Completion of any handgun safety training course offered
for security guards, investigators, special deputies, or any
division or subdivision of a law enforcement or security
enforcement agency approved by the department of public safety.
d. Completion of small arms training while serving with the
armed forces of the United States as evidenced by any of the
following:.
(1) For personnel released or retired from active duty,
possession of an honorable discharge or general discharge under
honorable conditions.
(2) For personnel on active duty or serving in one of the
national guard or reserve components of the armed forces of the
United States, possession of a certificate of completion of
basic training with a service record of successful completion
of small arms training and qualification.
e. Completion of a law enforcement agency firearms firearm
safety training course that qualifies a peace officer to carry
a firearm in the normal course of the peace officer's duties.
f. Completion of a hunter education program approved by
the natural resource commission pursuant to section 483A.27,
if the program includes handgun safety training and completion
of the handgun safety training is included on the certificate
of completion.
2. The handgun safety training course required in
subsection 1 may be conducted over the internet in a live or
web=based format, if completion of the course is verified by
the instructor or provider of the course.
3. Firearm safety training shall not be required for
renewals of permits issued after December 31, 2010.
2. 4. Evidence If firearm safety training is required under
this section, evidence of qualification under this section such
training may be documented by any of the following:
a. A photocopy of a certificate of completion or any
similar document indicating completion of any course or
class identified in subsection 1 that was completed within
twenty=four months prior to the date of the application.
b. An affidavit from the instructor, school, organization,
or group that conducted or taught a course or class identified
in subsection 1 that was completed within twenty=four
months prior to the date of the application attesting to the
completion of the course or class by the applicant.
c. A copy of any document indicating participation in any
firearms shooting competition.
c. For personnel released or retired from active duty in the
armed forces of the United States, possession of an honorable
discharge or general discharge under honorable conditions
issued any time prior to the date of the application.
d. For personnel on active duty or serving in one of the
national guard or reserve components of the armed forces of the
United States, possession of a certificate of completion of
basic training with a service record of successful completion
of small arms training and qualification issued prior to the
date of the application, or any other official documentation
satisfactory to the issuing officer issued prior to the date
of the application.
3. 5. An issuing officer shall not condition the issuance
of a permit on training requirements that are not specified in
or that exceed the requirements of this section.
6. If an applicant applies after expiration of the time
periods specified for renewal in section 724.11, firearm safety
training shall not be required for a renewal permit under this
section.
Sec. 13. Section 724.11, subsections 1 and 3, Code 2017, are
amended to read as follows:
1. Applications for permits to carry weapons shall be made
to the sheriff of the county in which the applicant resides.
Applications for professional permits to carry weapons for
persons who are nonresidents of the state, or whose need to
go armed arises out of employment by the state, shall be made
to the commissioner of public safety. In either case, the
sheriff or commissioner, before issuing the permit, shall
determine that the requirements of sections 724.6 to 724.10
have been satisfied. However, for renewal of a permit the
training program requirements in section 724.9, subsection 1,
shall apply or the renewal applicant may choose to qualify on a
firing range under the supervision of an instructor certified
by the national rifle association or the department of public
safety or another state's department of public safety, state
police department, or similar certifying body. Such training
or qualification must occur within the twelve=month period
prior to the expiration of the applicant's current permit.
A renewal applicant shall apply within thirty days prior to
the expiration of the permit, or within thirty days after the
expiration of the permit; otherwise the applicant shall be
considered an applicant for an initial permit for purposes of
renewal fees under subsection 3.
3. The issuing officer shall collect a fee of fifty dollars
for an initial permit, except from a duly appointed peace
officer or correctional officer, for each permit issued.
Renewal permits or duplicate permits shall be issued for a
fee of twenty=five dollars, provided the application for such
renewal permit is received by the issuing officer at least
within thirty days prior to the expiration of the applicant's
current permit or within thirty days after the expiration of
the applicant's current permit. The issuing officer shall
notify the commissioner of public safety of the issuance of
any permit at least monthly and forward to the commissioner an
amount equal to ten dollars for each permit issued and five
dollars for each renewal or duplicate permit issued. All
such fees received by the commissioner shall be paid to the
treasurer of state and deposited in the operating account
of the department of public safety to offset the cost of
administering this chapter. Notwithstanding section 8.33, any
unspent balance as of June 30 of each year shall not revert to
the general fund of the state.
Sec. 14. Section 724.11, Code 2017, is amended by adding the
following new subsection:
NEW SUBSECTION. 5. An initial or renewal permit shall
have a uniform appearance, size, and content prescribed and
published by the commissioner of public safety. The permit
shall contain the name of the permittee and the effective date
of the permit, but shall not contain the permittee's social
security number. The permit shall also include a designation
that the permit is invalid when the permittee is intoxicated.
Such a permit shall not be issued for a particular weapon
and shall not contain information about a particular weapon
including the make, model, or serial number of the weapon, or
any ammunition used in that weapon.
Sec. 15. NEW SECTION. 724.14 Nonprofessional permit ====
change of residence to another county.
If a permit holder of a nonprofessional permit to carry
weapons changes residences from one county to another county
after the issuance of the permit, the department of public
safety shall by rule specify the procedure to transfer the
regulation of the holder's permit to another sheriff for the
purposes of issuing a renewal or duplicate permit, or complying
with section 724.13.
Sec. 16. Section 724.21A, Code 2017, is amended by adding
the following new subsection:
NEW SUBSECTION. 8. If an applicant or permit holder
appeals the decision by the sheriff or commissioner to deny an
application, or suspend or revoke a permit to carry weapons
or a permit to acquire pistols or revolvers, and it is later
determined the applicant or permit holder is eligible to be
issued or possess such a permit, the applicant or permit
holder shall be awarded court costs and reasonable attorney
fees. If the decision of the sheriff or commissioner to deny
the application, or suspend or revoke the permit is upheld on
appeal, the political subdivision of the state representing the
sheriff or the commissioner shall be awarded court costs and
reasonable attorney fees.
DIVISION IV
PERMIT TO ACQUIRE PISTOLS OR REVOLVERS
Sec. 17. Section 724.11A, Code 2017, is amended to read as
follows:
724.11A Recognition.
A valid permit or license issued by another state to any
nonresident of this state shall be considered to be a valid
permit or license to carry weapons issued pursuant to this
chapter, except that such permit or license shall not be
considered to be a substitute for an annual a permit to acquire
pistols or revolvers issued pursuant to section 724.15.
Sec. 18. Section 724.15, subsection 1, unnumbered paragraph
1, Code 2017, is amended to read as follows:
Any person who desires to acquire ownership of any pistol
or revolver shall first obtain an annual a permit. An annual
A permit shall be issued upon request to any resident of this
state unless the person is subject to any of the following:
Sec. 19. Section 724.15, subsection 2, unnumbered paragraph
1, Code 2017, is amended to read as follows:
Any person who acquires ownership of a pistol or revolver
shall not be required to obtain an annual a permit if any of the
following apply:
Sec. 20. Section 724.15, subsection 3, Code 2017, is amended
to read as follows:
3. The annual permit to acquire pistols or revolvers shall
authorize the permit holder to acquire one or more pistols or
revolvers during the period that the permit remains valid. If
the issuing officer determines that the applicant has become
disqualified under the provisions of subsection 1, the issuing
officer may immediately revoke the permit and shall provide
a written statement of the reasons for revocation, and the
applicant shall have the right to appeal the revocation as
provided in section 724.21A.
Sec. 21. Section 724.16, Code 2017, is amended to read as
follows:
724.16 Annual permit Permit to acquire required ==== transfer
prohibited.
1. Except as otherwise provided in section 724.15,
subsection 2, a person who acquires ownership of a pistol or
revolver without a valid annual permit to acquire pistols or
revolvers or a person who transfers ownership of a pistol
or revolver to a person who does not have in the person's
possession a valid annual permit to acquire pistols or
revolvers is guilty of an aggravated misdemeanor.
2. A person who transfers ownership of a pistol or revolver
to a person that the transferor knows is prohibited by section
724.15 from acquiring ownership of a pistol or revolver commits
a class "D" felony.
Sec. 22. Section 724.17, Code 2017, is amended to read as
follows:
724.17 Application for annual permit Permit to acquire ====
criminal history check required.
1. The application for an annual a permit to acquire
pistols or revolvers may be made to the sheriff of the county
of the applicant's residence and shall be on a form prescribed
and published by the commissioner of public safety. The
application shall require only the full name of the applicant,
the driver's license or nonoperator's identification card
number of the applicant, the residence of the applicant,
and the date and place of birth of the applicant. The
applicant shall also display an identification card that
bears a distinguishing number assigned to the cardholder, the
full name, date of birth, sex, residence address, and brief
description and color photograph of the cardholder, or other
identification as specified by rule of the department of public
safety. The sheriff shall conduct a criminal history check
concerning each applicant by obtaining criminal history data
from the department of public safety which shall include an
inquiry of the national instant criminal background check
system maintained by the federal bureau of investigation or any
successor agency. A person who makes what the person knows
to be a false statement of material fact on an application
submitted under this section or who submits what the person
knows to be any materially falsified or forged documentation in
connection with such an application commits a class "D" felony.
2. An issuing officer may conduct an annual criminal
history check concerning a person issued a permit to acquire by
obtaining criminal history data from the department of public
safety.
Sec. 23. Section 724.18, Code 2017, is amended to read as
follows:
724.18 Procedure for making application for annual permit to
acquire.
A person may personally request the sheriff to mail an
application for an annual a permit to acquire pistols or
revolvers, and the sheriff shall immediately forward to
such person an application for an annual a permit to acquire
pistols or revolvers. A person shall upon completion of the
application personally deliver such application to the sheriff
who shall note the period of validity on the application and
shall immediately issue the annual permit to acquire pistols or
revolvers to the applicant. For the purposes of this section
the date of application shall be the date on which the sheriff
received the completed application.
Sec. 24. Section 724.19, Code 2017, is amended to read as
follows:
724.19 Issuance of annual permit to acquire.
The annual permit to acquire pistols or revolvers shall be
issued to the applicant immediately upon completion of the
application unless the applicant is disqualified under the
provisions of section 724.15 and. The permit shall be on a
form have a uniform appearance, size, and content prescribed
and published by the commissioner of public safety. The permit
shall contain the name of the permittee, the residence of the
permittee, and the effective date of the permit, but shall not
contain the permittee's social security number. Such a permit
shall not be issued for a particular pistol or revolver and
shall not contain information about a particular pistol or
revolver including the make, model, or serial number of the
pistol or revolver, or any ammunition used in that pistol or
revolver.
Sec. 25. Section 724.20, Code 2017, is amended to read as
follows:
724.20 Validity of annual permit to acquire pistols or
revolvers.
The permit shall be valid throughout the state and shall
be valid three days after the date of application and shall
be invalid one year five years after the date of application
issuance.
Sec. 26. Section 724.21A, subsections 1 and 7, Code 2017,
are amended to read as follows:
1. In any case where the sheriff or the commissioner of
public safety denies an application for or suspends or revokes
a permit to carry weapons or an annual a permit to acquire
pistols or revolvers, the sheriff or commissioner shall provide
a written statement of the reasons for the denial, suspension,
or revocation and the applicant or permit holder shall have the
right to appeal the denial, suspension, or revocation to an
administrative law judge in the department of inspections and
appeals within thirty days of receiving written notice of the
denial, suspension, or revocation.
7. In any case where the issuing officer denies an
application for, or suspends or revokes a permit to carry
weapons or an annual a permit to acquire pistols or revolvers
solely because of an adverse determination by the national
instant criminal background check system, the applicant or
permit holder shall not seek relief under this section but
may pursue relief of the national instant criminal background
check system determination pursuant to Pub. L. No. 103=159,
sections 103(f) and (g) and 104 and 28 C.F.R. {25.10, or other
applicable law. The outcome of such proceedings shall be
binding on the issuing officer.
Sec. 27. Section 724.21A, Code 2017, is amended by adding
the following new subsection:
NEW SUBSECTION. 8. If an applicant or permit holder
appeals the decision by the sheriff or commissioner to deny
an application for or suspend or revoke a permit to carry
weapons or a permit to acquire pistols or revolvers, and it
is later determined on appeal the applicant or permit holder
is eligible to be issued or possess a permit to carry weapons
or a permit to acquire pistols or revolvers, the applicant
or permit holder shall be awarded court costs and reasonable
attorney fees. If the decision of the sheriff or commissioner
to deny an application for or suspend or revoke a permit to
carry weapons or a permit to acquire pistols or revolvers is
upheld on appeal, or the applicant or permit holder withdraws
or dismisses the appeal, the political subdivision of the state
representing the sheriff or the state department representing
the commissioner shall be awarded court costs and reasonable
attorney fees.
DIVISION V
POSSESSION OF PISTOL OR REVOLVER BY PERSONS UNDER 14 YEARS OF
AGE
Sec. 28. Section 724.22, subsection 5, Code 2017, is amended
to read as follows:
5. a. A parent or guardian or spouse who is twenty=one
years of age or older, of a person fourteen years of age but
less than under the age of twenty=one may allow the person,
while under direct supervision, to possess a pistol or revolver
or the ammunition therefor for any lawful purpose while
under the direct supervision of the parent or guardian or
spouse who is twenty=one years of age or older, or while the
person receives instruction in the proper use thereof from an
instructor twenty=one years of age or older, with the consent
of such parent, guardian or spouse.
b. As used in this section, "direct supervision" means
supervision provided by the parent, guardian, spouse, or
instructor who is twenty=one years of age or older, who
maintains a physical presence near the supervised person
conducive to hands=on instruction, who maintains visual and
verbal contact at all times with the supervised person, and who
is not intoxicated as provided under the conditions set out
in section 321J.2, subsection 1, or under the influence of an
illegal drug.
Sec. 29. Section 724.22, Code 2017, is amended by adding the
following new subsections:
NEW SUBSECTION. 8. A parent, guardian, or spouse who is
twenty=one years of age or older, of a minor under the age of
fourteen years who allows that minor to possess a pistol or
revolver or the ammunition pursuant hereto, shall be strictly
liable to an injured party for all damages resulting from the
possession of the pistol or revolver or ammunition therefor by
that minor.
NEW SUBSECTION. 9. A parent, guardian, spouse, or
instructor, who knowingly provides direct supervision under
subsection 5, of a person while intoxicated as provided
under the conditions set out in section 321J.2, subsection
1, or under the influence of an illegal drug, commits child
endangerment in violation of section 726.6, subsection 1,
paragraph "i".
Sec. 30. Section 726.6, subsection 1, Code 2017, is amended
by adding the following new paragraph:
NEW PARAGRAPH. i. Knowingly provides direct supervision of
a person under section 724.22, subsection 5, while intoxicated
as provided under the conditions set out in section 321J.2,
subsection 1, or under the influence of an illegal drug.
DIVISION VI
RECORDS KEPT BY COMMISSIONER ==== CONFIDENTIALITY
Sec. 31. Section 724.23, Code 2017, is amended to read as
follows:
724.23 Records kept by commissioner and issuing officers.
1. The commissioner of public safety shall maintain a
permanent record of all valid permits to carry weapons and of
current permit revocations.
2. a. Notwithstanding any other law or rule to the
contrary, the commissioner of public safety and any issuing
officer shall keep confidential personally identifiable
information of holders of professional or nonprofessional
permits to carry weapons and permits to acquire pistols or
revolvers, including but not limited to the name, social
security number, date of birth, residential or business
address, and driver's license or other identification number of
the applicant or permit holder.
b. This subsection shall not prohibit the release
of statistical information relating to the issuance,
denial, revocation, or administration of professional or
nonprofessional permits to carry weapons and permits to
acquire pistols or revolvers, provided that the release of such
information does not reveal the identity of any individual
permit holder.
c. This subsection shall not prohibit the release of
information to a criminal or juvenile justice agency as defined
in section 692.1 for the performance of any lawfully authorized
duty or for conducting a lawfully authorized background
investigation.
d. This subsection shall not prohibit the release of
information relating to the validity of a professional permit
to carry weapons to an employer who requires an employee or an
agent of the employer to possess a professional permit to carry
weapons as part of the duties of the employee or agent.
e. Except as provided in paragraphs "b", "c", and "d", the
release of any confidential information under this section
shall require a court order or the consent of the person whose
personally identifiable information is the subject of the
information request.
DIVISION VII
STATE PREEMPTION
Sec. 32. Section 724.28, Code 2017, is amended to read as
follows:
724.28 Prohibition of regulation by political subdivisions.
1. As used in this section, "political subdivision of the
state" means a city, county, or township.
2. A political subdivision of the state shall not enact an
ordinance regulating the ownership, possession, legal transfer,
lawful transportation, registration, or licensing of firearms
when the ownership, possession, transfer, or transportation is
otherwise lawful under the laws of this state. An ordinance
regulating firearms in violation of this section existing on or
after April 5, 1990, is void.
3. If a political subdivision of the state, prior to, on,
or after July 1, 2017, adopts, makes, enacts, or amends any
ordinance, measure, enactment, rule, resolution, motion, or
policy regulating the ownership, possession, legal transfer,
lawful transportation, registration, or licensing of firearms
when the ownership, possession, transfer, transportation,
registration, or license is otherwise lawful under the laws
of this state, a person adversely affected by the ordinance,
measure, enactment, rule, resolution, motion, or policy
may file suit in the appropriate court for declaratory and
injunctive relief for damages.
DIVISION VIII
PISTOLS OR REVOLVERS ==== CAPITOL BUILDINGS AND GROUNDS
Sec. 33. Section 8A.322, subsection 3, Code 2017, is amended
to read as follows:
3. The director shall establish, publish, and enforce
rules regulating and restricting the use by the public of the
capitol buildings and grounds and of the state laboratories
facility in Ankeny. The rules when established shall be
posted in conspicuous places about the capitol buildings and
grounds and the state laboratories facility, as applicable.
Any person violating any rule, except a parking regulation,
shall be guilty of a simple misdemeanor. The rules shall
prohibit a person, other than a peace officer, from openly
carrying a pistol or revolver in the capitol building and on
the grounds surrounding the capitol building including state
parking lots and parking garages. However, this subsection
shall not be construed to allow the director to prohibit the
lawful carrying, transportation, or possession of any pistol or
revolver in the capitol building and on the grounds surrounding
the capitol building including state parking lots and parking
garages by a person who displays to capitol security personnel
a valid permit to carry weapons upon request.
DIVISION IX
EMERGENCY POWERS
Sec. 34. Section 29C.3, subsection 4, paragraph e, Code
2017, is amended by striking the paragraph.
Sec. 35. Section 29C.6, subsection 16, Code 2017, is amended
to read as follows:
16. Suspend or limit the sale, dispensing, or
transportation of alcoholic beverages, firearms, explosives,
and combustibles.
Sec. 36. NEW SECTION. 29C.25 Firearms and ammunition ====
limitations ==== exceptions ==== remedies.
1. This chapter shall not be construed to authorize the
governor or any other official of this state or any of its
political subdivisions or any agent or person acting at the
direction of the governor or any such official to do any of the
following:
a. Prohibit, regulate, or curtail the otherwise lawful
possession, carrying, transportation, or defensive use of
firearms or ammunition.
b. Suspend or revoke, except in accordance with section
724.13, a permit issued pursuant to section 724.6, 724.7, or
724.15.
c. Seize or confiscate firearms and ammunition possessed in
accordance with the laws of this state.
2. This section shall not prohibit any of the following:
a. The temporary closure or limitations on the operating
hours of businesses that sell firearms or ammunition if the
same operating restrictions apply to all businesses in the
affected area.
b. The adoption or enforcement of regulations pertaining to
firearms and ammunition used or carried for official purposes
by law enforcement officers or persons acting under the
authority of emergency management agencies or officials.
3. a. A person aggrieved by a violation of this section
may seek relief in an action at law or in equity or in any
other proper proceeding for actual damages, injunctive relief,
or other appropriate redress against a person who commits or
causes the commission of such violation.
b. In addition to any other remedy available at law or
in equity, a person aggrieved by the seizure or confiscation
of a firearm or ammunition in violation of this section may
make application pursuant to section 809.3 for its return in
the office of the clerk of court for the county in which the
property was seized.
c. In an action or proceeding to enforce this section, the
court shall award the prevailing plaintiff reasonable court
costs and attorney fees.
DIVISION X
JUSTIFIABLE USE OF REASONABLE AND DEADLY FORCE
Sec. 37. Section 704.1, Code 2017, is amended to read as
follows:
704.1 Reasonable force.
1. "Reasonable force" is means that force and no more which
a reasonable person, in like circumstances, would judge to
be necessary to prevent an injury or loss and can include
deadly force if it is reasonable to believe that such force is
necessary to avoid injury or risk to one's life or safety or
the life or safety of another, or it is reasonable to believe
that such force is necessary to resist a like force or threat.
Reasonable force, including deadly force, may be used even if
an alternative course of action is available if the alternative
entails a risk to life or safety, or the life or safety of a
third party, or requires one to abandon or retreat from one's
dwelling or place of business or employment.
2. A person may be wrong in the estimation of the danger or
the force necessary to repel the danger as long as there is a
reasonable basis for the belief of the person and the person
acts reasonably in the response to that belief.
3. A person who is not engaged in illegal activity has no
duty to retreat from any place where the person is lawfully
present before using force as specified in this chapter.
Sec. 38. Section 704.2, Code 2017, is amended by adding the
following new subsection:
NEW SUBSECTION. 1A. "Deadly force" does not include a
threat to cause serious injury or death, by the production,
display, or brandishing of a deadly weapon, as long as the
actions of the person are limited to creating an expectation
that the person may use deadly force to defend oneself,
another, or as otherwise authorized by law.
Sec. 39. NEW SECTION. 704.2A Justifiable use of deadly
force.
1. For purposes of this chapter, a person is presumed to
reasonably believe that deadly force is necessary to avoid
injury or risk to one's life or safety or the life or safety of
another in either of the following circumstances:
a. The person against whom force is used, at the time the
force is used, is doing any of the following:
(1) Unlawfully entering the dwelling, place of business
or employment, or occupied vehicle of the person using force
by force or stealth, or has unlawfully entered by force or
stealth and remains within the dwelling, place of business or
employment, or occupied vehicle of the person using force.
(2) Unlawfully removing or is attempting to unlawfully
remove another person against the other person's will from the
dwelling, place of business or employment, or occupied vehicle
of the person using force.
b. The person using force knows or has reason to believe
that any of the conditions set forth in paragraph "a" are
occurring.
2. The presumption set forth in subsection 1 does not
apply if, at the time force is used, any of the following
circumstances are present:
a. The person using defensive force is engaged in a
criminal offense, is attempting to escape from the scene of a
criminal offense that the person has committed, or is using the
dwelling, place of business or employment, or occupied vehicle
to further a criminal offense.
b. The person sought to be removed is a child or grandchild
or is otherwise in the lawful custody or under the lawful
guardianship of the person against whom force is used.
c. The person against whom force is used is a peace officer
who has entered or is attempting to enter a dwelling, place
of business or employment, or occupied vehicle in the lawful
performance of the peace officer's official duties.
d. The person against whom the force is used has the right
to be in, or is a lawful resident of, the dwelling, place of
business or employment, or occupied vehicle of the person using
force, and a protective or no=contact order is not in effect
against the person against whom the force is used.
Sec. 40. NEW SECTION. 704.2B Use of deadly force ==== duties
==== evidence.
1. If a person uses deadly force, the person shall notify
or cause another to notify a law enforcement agency about the
person's use of deadly force within a reasonable time period
after the person's use of the deadly force, if the person or
another person is capable of providing such notification.
2. The person using deadly force shall not intentionally
destroy, alter, conceal, or disguise physical evidence relating
to the person's use of deadly force, and the person shall not
intentionally intimidate witnesses into refusing to cooperate
with any investigation relating to the use of such deadly force
or induce another person to alter testimony about the use of
such deadly force.
Sec. 41. Section 704.3, Code 2017, is amended to read as
follows:
704.3 Defense of self or another.
A person is justified in the use of reasonable force when
the person reasonably believes that such force is necessary to
defend oneself or another from any actual or imminent use of
unlawful force.
Sec. 42. Section 704.7, Code 2017, is amended to read as
follows:
704.7 Resisting forcible felony.
A person who knows reasonably believes that a forcible
felony is being or will imminently be perpetrated is justified
in using, against the perpetrator, reasonable force, including
deadly force, against the perpetrator or perpetrators to
prevent the completion of or terminate the perpetration of that
felony.
Sec. 43. NEW SECTION. 704.13 Immunity.
A person who is justified in using reasonable force against
an aggressor in defense of oneself, another person, or property
pursuant to section 704.4 is immune from criminal or civil
liability for all damages incurred by the aggressor pursuant to
the application of reasonable force.
Sec. 44. Section 707.6, Code 2017, is amended to read as
follows:
707.6 Civil liability.
1. No A person who injures or causes the death of the
aggressor through application of reasonable force in defense of
the person's person or property may shall not be held civilly
liable for such injury or death.
2. No A person who injures or causes the death of the
aggressor through application of reasonable force in defense of
a second person may shall not be held civilly liable for such
injury or death.
DIVISION XI
FRAUDULENT PURCHASE OF FIREARMS OR AMMUNITION
Sec. 45. NEW SECTION. 724.29A Fraudulent purchase of
firearms or ammunition.
1. For purposes of this section:
a. "Ammunition" means any cartridge, shell, or projectile
designed for use in a firearm.
b. "Licensed firearms dealer" means a person who is licensed
pursuant to 18 U.S.C. {923 to engage in the business of dealing
in firearms.
c. "Materially false information" means information that
portrays an illegal transaction as legal or a legal transaction
as illegal.
d. "Private seller" means a person who sells or offers for
sale any firearm or ammunition.
2. A person who knowingly solicits, persuades, encourages,
or entices a licensed firearms dealer or private seller of
firearms or ammunition to transfer a firearm or ammunition
under circumstances that the person knows would violate the
laws of this state or of the United States commits a class "D"
felony.
3. A person who knowingly provides materially false
information to a licensed firearms dealer or private seller of
firearms or ammunition with the intent to deceive the firearms
dealer or seller about the legality of a transfer of a firearm
or ammunition commits a class "D" felony.
4. A person who willfully procures another to engage in
conduct prohibited by this section shall be held accountable
as a principal.
5. This section does not apply to a law enforcement officer
acting in the officer's official capacity or to a person acting
under the direction of such law enforcement officer.
DIVISION XII
SNOWMOBILES AND ALL=TERRAIN VEHICLES
Sec. 46. Section 321G.13, subsection 2, Code 2017, is
amended to read as follows:
2. a. A person shall not operate or ride a snowmobile with
a firearm in the person's possession unless it is unloaded and
enclosed in a carrying case, except as otherwise provided.
However, a nonambulatory person may carry an uncased and
unloaded firearm while operating or riding a snowmobile.
b. (1) A person may operate or ride on a snowmobile with a
loaded firearm, whether concealed or not, without a permit to
carry weapons, if the person operates or rides on land owned or
possessed by the person, and the person's conduct is otherwise
lawful.
(2) If a person is operating or riding on a snowmobile on
land that is not owned or possessed by the person, the person
may operate or ride the snowmobile with a loaded firearm pistol
or revolver, whether concealed or not, if all of the following
apply:
(a) The firearm is a pistol or revolver and is secured in a
retention holster upon the person.
(b) The person has in the person's possession and displays
to a peace officer on demand a valid permit to carry weapons
which has been issued to the person.
(c) The person's conduct is within the limits of the permit
to carry weapons and the person's conduct is otherwise lawful.
c. A person shall not discharge a firearm while on a
snowmobile, except that a nonambulatory person may discharge a
firearm from a snowmobile while lawfully hunting if the person
is not operating or riding a moving snowmobile.
Sec. 47. Section 321I.14, subsection 2, Code 2017, is
amended to read as follows:
2. a. A person shall not operate or ride an all=terrain
vehicle with a firearm in the person's possession unless it is
unloaded and enclosed in a carrying case, except as otherwise
provided. However, a nonambulatory person may carry an uncased
and unloaded firearm while operating or riding an all=terrain
vehicle.
b. (1) A person may operate or ride on an all=terrain
vehicle with a loaded firearm, whether concealed or not,
without a permit to carry weapons, if the person operates
or rides on land owned or possessed by the person, and the
person's conduct is otherwise lawful.
(2) If a person is operating or riding on an all=terrain
vehicle on land that is not owned or possessed by the person,
the person may operate or ride the all=terrain vehicle with a
loaded firearm pistol or revolver, whether concealed or not,
if all of the following apply:
(a) The firearm is a pistol or revolver and is secured in a
retention holster upon the person.
(b) The person has in the person's possession and displays
to a peace officer on demand a valid permit to carry weapons
which has been issued to the person.
(c) The person's conduct is within the limits of the permit
to carry weapons and the person's conduct is otherwise lawful.
c. A person shall not discharge a firearm while on an
all=terrain vehicle, except that a nonambulatory person may
discharge a firearm from an all=terrain vehicle while lawfully
hunting if the person is not operating or riding a moving
all=terrain vehicle.
DIVISION XIII
TARGET SHOOTING ==== PRIVATE PREMISES
Sec. 48. Section 481A.123, Code 2017, is amended by adding
the following new subsection:
NEW SUBSECTION. 7. Subject to subsection 1, an owner or
tenant of private premises located in the unincorporated area
of a county, or a person to whom the owner or tenant has given
consent, may discharge a firearm for the purpose of target
shooting on those private premises. The use of such private
premises for target shooting shall not be found to be in
violation of a noise ordinance or declared a public or private
nuisance or be otherwise prohibited under state or local
law. As used in this subsection, "target shooting" means the
discharge of a firearm at an inanimate object, for amusement or
as a test of skill in marksmanship.
DIVISION XIV
INITIAL APPEARANCE ==== BAIL
Sec. 49. Section 804.21, subsection 5, paragraph b,
subparagraph (1), Code 2017, is amended to read as follows:
(1) The person was arrested for a crime other than a
violation of section 708.6, section 724.26, subsection 1, or
a forcible felony, and
DIVISION XV
EFFECTIVE DATE AND APPLICABILITY PROVISIONS
Sec. 50. EFFECTIVE UPON ENACTMENT. The following
provision or provisions of this Act, being deemed of immediate
importance, take effect upon enactment:
1. The section of this Act amending section 724.22.
2. The section of this Act amending section 724.23.
3. The applicability section of this division of this Act
related to amending section 724.23.
Sec. 51. APPLICABILITY ==== RECORDS KEPT BY COMMISSIONER ====
CONFIDENTIALITY. The section of this Act amending section
724.23 applies to holders of nonprofessional permits to
carry weapons and permits to acquire pistols or revolvers and
to applicants for nonprofessional permits to carry weapons
and permits to acquire pistols or revolvers on or after the
effective date of that section of this Act.
LINDA UPMEYER
Speaker of the House
JACK WHITVER
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 517, Eighty=seventh General Assembly.
CARMINE BOAL
Chief Clerk of the House
Approved , 2017
TERRY E. BRANSTAD
Governor
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