House File 377 - Introduced HOUSE FILE 377 BY ANDERSON A BILL FOR An Act relating to the intentional and unintentional discharge 1 of a firearm in a reckless manner, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1337HH (4) 88 mo/rh

H.F. 377 Section 1. Section 724.8, Code 2019, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 7. Is subject to the relinquishment of 3 the person’s firearms, offensive weapons, and ammunition 4 pursuant to section 724.30, subsection 3, paragraph “b” , 5 subparagraph (2), or section 724.30, subsection 3, paragraph 6 “c” , subparagraph (2). 7 Sec. 2. Section 724.9, subsection 1, unnumbered paragraph 8 1, Code 2019, is amended to read as follows: 9 An applicant for an initial permit to carry weapons , or a 10 person subject to section 724.30, subsection 3, paragraph “a” , 11 subparagraph 2, shall demonstrate knowledge of firearm safety 12 by any of the following means: 13 Sec. 3. Section 724.27, subsection 1, unnumbered paragraph 14 1, Code 2019, is amended to read as follows: 15 The provisions of section 724.8 , section 724.15, subsection 16 1 , and section 724.26 , section 724.30, subsection 3, paragraph 17 “b” , subparagraph (2), and section 724.30, subsection 3, 18 paragraph “c” , subparagraph (2), shall not apply to a person 19 who is eligible to have the person’s civil rights regarding 20 firearms restored under section 914.7 if any of the following 21 occur: 22 Sec. 4. Section 724.30, Code 2019, is amended to read as 23 follows: 24 724.30 Reckless use of a firearm. 25 1. A person who intentionally discharges a firearm in a 26 reckless manner commits the following: 27 1. a. A class “C” felony if a serious injury occurs. 28 2. b. A class “D” felony if a bodily injury which is not a 29 serious injury occurs. 30 3. c. An aggravated misdemeanor if property damage occurs 31 without a serious injury or bodily injury occurring. 32 4. d. A simple misdemeanor if no injury to a person or 33 damage to property occurs. 34 2. A person who unintentionally discharges a firearm in a 35 -1- LSB 1337HH (4) 88 mo/rh 1/ 4

H.F. 377 reckless manner commits the following: 1 a. A class “D” felony if a serious injury occurs. 2 b. An aggravated misdemeanor if a bodily injury which is not 3 a serious injury occurs. 4 c. A serious misdemeanor if property damage occurs without a 5 serious injury or bodily injury. 6 d. A simple misdemeanor if no injury to a person or damage 7 to property occurs. 8 3. a. In addition to the penalty imposed under subsection 9 1 or 2, a first offense violation of subsection 1 or 2 is 10 punishable by all the following: 11 (1) If applicable, payment of a victim’s pecuniary damages 12 pursuant to section 910.2, as part of the person’s plan of 13 restitution. 14 (2) If applicable, a person shall not be allowed to hold a 15 permit to carry weapons under this chapter unless the person 16 provides documentation that the person has completed training, 17 a training course, or an education program demonstrating the 18 person’s knowledge of firearm safety, as provided in section 19 724.9, subsection 1, and completed subsequent to the person’s 20 violation of subsection 1 or 2. 21 b. In addition to the penalty imposed under subsection 22 1 or 2, a second offense violation of subsection 1 or 2 is 23 punishable by all the following: 24 (1) If applicable, payment of a victim’s pecuniary damages 25 pursuant to section 910.2, as part of the person’s plan of 26 restitution. 27 (2) Relinquishment of the person’s firearms, offensive 28 weapons, and ammunition for a period of five years. 29 (3) Revocation of the person’s permit to carry weapons 30 issued pursuant to this chapter. 31 c. In addition to the penalty imposed under subsection 1 or 32 2, a third or subsequent offense violation of subsection 1 or 2 33 is punishable by all the following: 34 (1) If applicable, payment of a victim’s pecuniary damages 35 -2- LSB 1337HH (4) 88 mo/rh 2/ 4

H.F. 377 pursuant to section 910.2, as part of the person’s plan of 1 restitution. 2 (2) Permanent relinquishment of the person’s firearms, 3 offensive weapons, and ammunition. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 Code section 724.30 provides criminal penalties for a 8 person convicted of intentionally discharging a firearm in a 9 reckless manner, ranging from a simple misdemeanor to a class 10 “C” felony. This bill creates the new criminal offense of the 11 unintentional discharge of a firearm in a reckless manner, and 12 provides criminal penalties ranging from a simple misdemeanor 13 to a class “D” felony. An unintentional discharge of a firearm 14 in a reckless manner is a class “D” felony if a serious injury 15 occurs; an aggravated misdemeanor if a bodily injury which is 16 not a serious injury occurs; a serious misdemeanor if property 17 damage occurs without a serious injury or bodily injury 18 occurring; and a simple misdemeanor if no injury to a person 19 or damage to property occurs. 20 A class “D” felony is punishable by confinement for no more 21 than five years and a fine of at least $750 but not more than 22 $7,500. An aggravated misdemeanor is punishable by confinement 23 for no more than two years and a fine of at least $625 but 24 not more than $6,250. A serious misdemeanor is punishable 25 by confinement for no more than one year and a fine of at 26 least $315 but not more than $1,875. A simple misdemeanor is 27 punishable by confinement for no more than 30 days or a fine of 28 at least $65 but not more than $625 or by both. 29 The bill provides additional penalties for a first, second, 30 and third or subsequent offense for both the intentional and 31 unintentional discharge of a firearm in a reckless manner. 32 For a first offense, the person is responsible for a victim’s 33 pecuniary damages, if any, and the person shall not be allowed 34 to hold a permit to carry weapons unless the person provides 35 -3- LSB 1337HH (4) 88 mo/rh 3/ 4

H.F. 377 current documentation that the person has completed training, 1 a training course, or an education program, as provided in 2 Code section 724.9(1), demonstrating the person’s knowledge 3 of firearm safety, completed subsequent to the person’s 4 violation of either offense. For a second offense, the person 5 is responsible for a victim’s pecuniary damages, if any; the 6 person must relinquish all of the person’s firearms, offensive 7 weapons, and ammunition for a period of five years; and the 8 person’s permit to carry weapons is revoked. For a third or 9 subsequent offense, the person is responsible for a victim’s 10 pecuniary damages, if any, and the person must permanently 11 relinquish all of the person’s firearms, offensive weapons, and 12 ammunition. 13 The bill also makes conforming changes to Code sections 14 724.8 (persons ineligible for permit to carry weapons), 15 724.9 (firearm safety training), and 724.27 (restoration of 16 offenders’ rights). 17 -4- LSB 1337HH (4) 88 mo/rh 4/ 4