H.F. 343 DIVISION I 1 CARRYING AND POSSESSING WEAPONS INCLUDING ON SCHOOL DISTRICT 2 PROPERTY 3 Section 1. Section 232.52, subsection 2, paragraph a, 4 subparagraph (4), subparagraph division (a), subparagraph 5 subdivision (viii), Code 2021, is amended to read as follows: 6 (viii) Section 724.4 , if the child used the knife in the 7 commission of a crime on school grounds . 8 Sec. 2. Section 724.2A, Code 2021, is amended to read as 9 follows: 10 724.2A Peace officer —— defined —— reserved peace officer 11 included. 12 As used in sections 724.4, 724.6 , and 724.11 , “peace officer” 13 includes a reserve peace officer as defined in section 80D.1A . 14 Sec. 3. Section 724.4, Code 2021, is amended by striking the 15 section and inserting in lieu thereof the following: 16 724.4 Use of a knife in the commission of a crime. 17 A person who goes armed with a knife on or about the person, 18 and who uses the knife in the commission of a crime, commits an 19 aggravated misdemeanor. 20 Sec. 4. Section 724.4B, Code 2021, is amended by striking 21 the section and inserting in lieu thereof the following: 22 724.4B Carrying dangerous weapons on school grounds —— 23 penalty —— exceptions. 24 1. A person who goes armed with, carries, or transports 25 a dangerous weapon of any kind, whether concealed or not, on 26 the grounds of a school commits a class “D” felony. For the 27 purposes of this section, “school” means a public or nonpublic 28 school as defined in section 280.2. 29 2. Subsection 1 does not apply to the following: 30 a. A person who has been specifically authorized by the 31 school to go armed with, carry, or transport a dangerous weapon 32 on the school grounds for any lawful purpose. 33 b. A peace officer, when the officer’s duties require the 34 person to carry a dangerous weapon. 35 -1- LSB 2350YH (3) 89 js/rh 1/ 6

H.F. 343 c. A member of the armed forces of the United States or 1 of the national guard or person in the service of the United 2 States, when the dangerous weapon is carried in connection with 3 the person’s duties as such. 4 d. A correctional officer, when the officer’s duties require 5 the officer to carry a dangerous weapon, serving under the 6 authority of the Iowa department of corrections. 7 e. A person who for any lawful purpose carries an unloaded 8 pistol, revolver, or other dangerous weapon inside a closed 9 and fastened container or securely wrapped package that is too 10 large to be concealed on the person. 11 f. A person who for any lawful purpose carries or transports 12 an unloaded pistol or revolver in a vehicle or common carrier 13 inside a closed and fastened container or securely wrapped 14 package that is too large to be concealed on the person or 15 carries or transports an unloaded pistol or revolver inside a 16 cargo or luggage compartment where the pistol or revolver will 17 not be readily accessible to any person riding in the vehicle 18 or common carrier. 19 g. A law enforcement officer from another state when the 20 officer’s duties require the officer to carry a dangerous 21 weapon and the officer is in this state for any of the 22 following reasons: 23 (1) The extradition or other lawful removal of a prisoner 24 from this state. 25 (2) Pursuit of a suspect in compliance with chapter 806. 26 (3) Activities in the capacity of a law enforcement officer 27 with the knowledge and consent of the chief of police of the 28 city or the sheriff of the county in which the activities occur 29 or of the commissioner of public safety. 30 h. A person who is on the portion of school district 31 property that comprises its driveways, parking lots, and 32 sidewalks while going armed with, carrying, or transporting a 33 concealed pistol or revolver. A school shall be immune from 34 any claim, cause of action, or lawsuit by a person seeking 35 -2- LSB 2350YH (3) 89 js/rh 2/ 6

H.F. 343 damages that are alleged, directly or indirectly, as a result 1 of any concealed pistol or revolver brought onto the school 2 district property by a person pursuant to this paragraph. This 3 paragraph shall not apply to a school governed by the board of 4 regents pursuant to section 262.7. 5 Sec. 5. Section 724.5, Code 2021, is amended by striking the 6 section and inserting in lieu thereof the following: 7 724.5 Availability of permit not to be construed as 8 prohibition on unlicensed carrying of weapons. 9 The availability of a professional or nonprofessional permit 10 to carry weapons under this chapter shall not be construed 11 to impose a general prohibition on the unlicensed carrying, 12 whether openly or concealed, of a dangerous weapon, including 13 a loaded firearm. 14 DIVISION II 15 CONCEALED CARRY ON COLLEGES AND UNIVERSITIES 16 Sec. 6. NEW SECTION . 260C.14B Limitation on authority —— 17 dangerous weapons —— carrying weapons. 18 The board of directors of a community college shall comply 19 with the requirements of section 724.8B regarding policies and 20 rules relating to the carrying, transportation, or possession 21 of dangerous weapons in the buildings or on the grounds of the 22 community college. 23 Sec. 7. NEW SECTION . 262.9E Limitation on authority —— 24 dangerous weapons —— carrying weapons. 25 The state board of regents shall comply with the 26 requirements of section 724.8B regarding policies and rules 27 relating to the carrying, transportation, or possession of 28 dangerous weapons in the buildings or on the grounds of a 29 university under the control of the state board of regents. 30 Sec. 8. Section 602.8105, Code 2021, is amended by adding 31 the following new subsection: 32 NEW SUBSECTION . 5. The clerk of the district court shall 33 collect a civil penalty assessed under section 724.8B. Any 34 moneys collected from the civil penalty shall be deposited into 35 -3- LSB 2350YH (3) 89 js/rh 3/ 6

H.F. 343 the general fund of the state. 1 Sec. 9. NEW SECTION . 724.8B Limitation on authority —— 2 dangerous weapons —— public universities and community colleges. 3 1. The governing board of a university under the control 4 of the state board of regents as provided in chapter 262, 5 or a community college under the jurisdiction of a board 6 of directors for a merged area as provided in chapter 260C 7 shall not adopt or enforce any policy or rule that prohibits 8 the carrying, transportation, or possession of any dangerous 9 weapon, as defined in section 702.7, in the buildings or on the 10 grounds of such a college or university. 11 2. a. A governing board found to be in violation of 12 subsection 1 shall be assessed a civil penalty of between two 13 thousand five hundred dollars and five thousand dollars and 14 shall be ordered to pay the plaintiff’s reasonable attorney 15 fees and court costs. 16 b. The requirements of this section may be enforced by the 17 state or through a private cause of action. 18 c. The civil penalty shall be collected by the clerk of the 19 district court and shall be deposited as provided in section 20 602.8105, subsection 5. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to the carrying of weapons including on 25 school grounds or in the buildings or on the grounds of a 26 community college or university. 27 DIVISION I —— CARRYING AND POSSESSING WEAPONS INCLUDING 28 ON SCHOOL DISTRICT PROPERTY. The bill amends Code section 29 724.4 by striking the current penalty for carrying dangerous 30 weapons. Instead, the bill amends the current crime of going 31 armed with a knife in the commission of a crime, an aggravated 32 misdemeanor, to provide that a person who goes armed with a 33 knife on or about the person, or who used the knife in the 34 commission of a crime, commits an aggravated misdemeanor. 35 -4- LSB 2350YH (3) 89 js/rh 4/ 6

H.F. 343 An aggravated misdemeanor is punishable by confinement for 1 no more than two years and a fine of at least $855 but not 2 more than $8,540. The bill makes a conforming change to Code 3 section 232.52(2) relating to the suspension or revocation of 4 a juvenile’s driver’s license or operating privilege and a 5 conforming change to Code section 724.2A due to the strike of 6 Code section 724.4 in the bill. The bill also makes a change 7 to Code section 724.4B, relating to the carrying of weapons on 8 school grounds, to specifically include certain categories of 9 persons who are authorized to carry weapons on school grounds. 10 The bill provides that a person may go armed with, carry, 11 or transport a concealed pistol or revolver on school district 12 property that comprises its driveways, parking lots, and 13 sidewalks. The bill provides that a school shall be immune 14 from any claim, cause of action, or lawsuit by a person seeking 15 damages that are alleged, directly or indirectly, as a result 16 of a concealed pistol or revolver brought onto school district 17 property by a person pursuant to the bill. The bill does not 18 apply to a school governed by the board of regents pursuant to 19 Code section 262.7. 20 A person who goes armed with, carries, or transports a 21 firearm on the grounds of a school in violation of Code section 22 724.4B commits a class “D” felony. A class “D” felony, as 23 referenced in the bill, is punishable by confinement for no 24 more than five years and a fine of at least $1,025 but not more 25 than $10,245. 26 The bill strikes Code section 724.5 relating to a person’s 27 duty to carry a valid permit to carry certain weapons for 28 which a permit has been issued to the person and replaces that 29 Code section with language providing that the availability 30 of a professional or nonprofessional permit to carry weapons 31 shall not be construed to impose a general prohibition on 32 the unlicensed carrying, whether openly or concealed, of a 33 dangerous weapon, including a loaded firearm. 34 A dangerous weapon is any instrument or device designed 35 -5- LSB 2350YH (3) 89 js/rh 5/ 6

H.F. 343 primarily for use in inflicting death or injury upon a human 1 being or animal, and that is capable of inflicting death upon a 2 human being when used in the manner for which it was designed, 3 except a bow and arrow when possessed and used for hunting 4 or any other lawful purpose. Additionally, any instrument 5 or device of any sort whatsoever that is actually used in 6 such a manner as to indicate that the defendant intends to 7 inflict death or serious injury upon the other, and that, when 8 so used, is capable of inflicting death upon a human being, 9 is a dangerous weapon. Dangerous weapons include but are 10 not limited to any offensive weapon, pistol, revolver, other 11 firearm, dagger, razor, stiletto, switchblade knife, knife 12 having a blade exceeding five inches in length, or any portable 13 device or weapon directing an electric current, impulse, 14 wave, or beam that produces a high-voltage pulse designed to 15 immobilize a person. 16 DIVISION II —— CONCEALED CARRY ON COLLEGES AND UNIVERSITIES. 17 The bill provides that the governing board of a university 18 under the control of the state board of regents as provided in 19 Code chapter 262 or a community college under the jurisdiction 20 of a board of directors for a merged area as provided in Code 21 chapter 260C shall not adopt or enforce any policy or rule that 22 prohibits the carrying, transportation, or possession of any 23 dangerous weapon in the buildings or on the grounds of such a 24 college or university. 25 The bill provides that a governing board found to be in 26 violation of the bill shall be assessed a civil penalty 27 of between $2,500 and $5,000 and shall pay the plaintiff’s 28 reasonable attorney fees and court costs. The bill may be 29 enforced by the state or through a private cause of action. 30 The bill specifies that the civil penalty shall be deposited 31 into the general fund of the state. 32 -6- LSB 2350YH (3) 89 js/rh 6/ 6