Senate
Study
Bill
1232
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
the
acquisition
and
possession
of
weapons
1
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
ACQUIRING
PISTOLS
AND
REVOLVERS
2
Section
1.
Section
724.11A,
Code
2021,
is
amended
to
read
3
as
follows:
4
724.11A
Recognition.
5
A
valid
permit
or
license
issued
by
another
state
to
any
6
nonresident
of
this
state
shall
be
considered
to
be
a
valid
7
permit
or
license
to
carry
weapons
issued
pursuant
to
this
8
chapter
,
except
that
such
permit
or
license
shall
not
be
9
considered
to
be
a
substitute
for
a
permit
to
acquire
pistols
10
or
revolvers
issued
pursuant
to
section
724.15
deemed
to
11
satisfy
the
requirements
of
section
724.15
.
12
Sec.
2.
Section
724.15,
Code
2021,
is
amended
by
striking
13
the
section
and
inserting
in
lieu
thereof
the
following:
14
724.15
Acquiring
pistols
or
revolvers.
15
1.
It
is
the
intent
of
this
section
to
satisfy
federal
16
requirements
of
18
U.S.C.
§922(t)(3)
in
order
to
acquire
17
pistols
or
revolvers.
In
order
to
acquire
a
pistol
or
revolver
18
from
a
federally
licensed
firearms
dealer,
an
unlicensed
person
19
is
required
to
have
a
valid
permit
to
acquire
or
a
valid
permit
20
to
carry
weapons
issued
in
accordance
with
this
chapter
or
the
21
person
must
complete
a
satisfactory
national
instant
criminal
22
background
check
pursuant
to
18
U.S.C.
§922(t).
23
2.
A
person
shall
not
acquire
a
pistol
or
revolver
who
is
24
subject
to
any
of
the
following:
25
a.
Is
under
twenty-one
years
of
age
except
for
those
persons
26
included
in
section
724.22,
subsection
4,
who
acquire
a
pistol
27
or
revolver
when
the
person’s
duty
so
requires.
28
b.
Is
prohibited
by
section
724.26
or
federal
law
from
29
possessing,
shipping,
transporting,
or
receiving
a
firearm.
30
c.
Is
prohibited
by
court
order
from
possessing,
shipping,
31
transporting,
or
receiving
a
firearm.
32
3.
An
issuing
officer
who
finds
that
a
person
issued
a
33
permit
to
acquire
pistols
or
revolvers
under
this
chapter
34
has
been
arrested
for
a
disqualifying
offense
or
who
is
35
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the
subject
of
proceedings
that
could
lead
to
the
person’s
1
ineligibility
for
such
permit,
may
immediately
suspend
such
2
permit.
An
issuing
officer
proceeding
under
this
subsection
3
shall
immediately
notify
the
permit
holder
of
the
suspension
4
by
personal
service
or
certified
mail
on
a
form
prescribed
5
and
published
by
the
commissioner
of
public
safety
and
the
6
suspension
shall
become
effective
upon
the
permit
holder’s
7
receipt
of
such
notice.
If
the
suspension
is
based
on
an
8
arrest
or
a
proceeding
that
does
not
result
in
a
disqualifying
9
conviction
or
finding
against
the
permit
holder,
the
issuing
10
officer
shall
immediately
reinstate
the
permit
upon
receipt
11
of
proof
of
the
matter’s
final
disposition.
If
the
arrest
12
leads
to
a
disqualifying
conviction
or
the
proceedings
to
a
13
disqualifying
finding,
the
issuing
officer
shall
revoke
the
14
permit.
The
issuing
officer
may
also
revoke
the
permit
of
a
15
person
whom
the
issuing
officer
later
finds
was
not
qualified
16
for
such
a
permit
at
the
time
of
issuance
or
whom
the
officer
17
finds
provided
materially
false
information
on
the
permit
18
application.
A
person
aggrieved
by
a
suspension
or
revocation
19
under
this
subsection
may
seek
review
of
the
decision
pursuant
20
to
section
724.21A.
21
Sec.
3.
Section
724.16,
Code
2021,
is
amended
by
striking
22
the
section
and
inserting
in
lieu
thereof
the
following:
23
724.16
Prohibited
transfers
of
firearms.
24
1.
A
person
shall
not
transfer
a
firearm
to
another
person
25
if
the
person
knows
or
reasonably
should
know
that
the
other
26
person
is
prohibited
from
receiving
or
possessing
a
firearm
27
under
section
724.26
or
federal
law.
28
2.
A
person
shall
not
loan
or
rent
a
firearm
to
another
29
person
for
temporary
use
during
lawful
activities
if
the
person
30
knows
or
reasonably
should
know
that
the
person
is
prohibited
31
from
receiving
or
possessing
a
firearm
under
section
724.26
or
32
federal
law.
33
3.
A
person
who
transfers,
loans,
or
rents
a
firearm
in
34
violation
of
this
section
commits
a
class
“D”
felony.
35
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Sec.
4.
Section
724.27,
Code
2021,
is
amended
to
read
as
1
follows:
2
724.27
Offenders’
rights
restored.
3
1.
The
provisions
of
section
724.8
,
section
724.15,
4
subsection
1
2
,
and
section
724.26
shall
not
apply
to
a
person
5
who
is
eligible
to
have
the
person’s
civil
rights
regarding
6
firearms
restored
under
section
914.7
if
any
of
the
following
7
occur:
8
a.
The
person
is
pardoned
by
the
President
of
the
United
9
States
or
the
chief
executive
of
a
state
for
a
disqualifying
10
conviction.
11
b.
The
person’s
civil
rights
have
been
restored
after
a
12
disqualifying
conviction,
commitment,
or
adjudication.
13
c.
The
person’s
conviction
for
a
disqualifying
offense
has
14
been
expunged.
15
2.
Subsection
1
shall
not
apply
to
a
person
whose
pardon,
16
restoration
of
civil
rights,
or
expungement
of
conviction
17
expressly
forbids
the
person
to
receive,
transport,
or
possess
18
firearms
or
destructive
devices
and
a
person
not
eligible
to
19
have
the
person’s
civil
rights
restored
under
section
914.7
.
20
DIVISION
II
21
CARRYING
AND
POSSESSING
WEAPONS
——
SCHOOL
GROUNDS
——
EMERGENCY
22
MEDICAL
CARE
PROVIDERS
23
Sec.
5.
Section
8A.322,
subsection
3,
Code
2021,
is
amended
24
to
read
as
follows:
25
3.
The
director
shall
establish,
publish,
and
enforce
26
rules
regulating
and
restricting
the
use
by
the
public
of
the
27
capitol
buildings
and
grounds
and
of
the
state
laboratories
28
facility
in
Ankeny.
The
rules
when
established
shall
be
29
posted
in
conspicuous
places
about
the
capitol
buildings
and
30
grounds
and
the
state
laboratories
facility,
as
applicable.
31
Any
person
violating
any
rule,
except
a
parking
regulation,
32
shall
be
guilty
of
a
simple
misdemeanor.
The
rules
shall
33
prohibit
a
person,
other
than
a
peace
officer,
from
openly
34
carrying
a
pistol
or
revolver
in
the
capitol
building
and
on
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the
grounds
surrounding
the
capitol
building
including
state
1
parking
lots
and
parking
garages.
However,
this
subsection
2
shall
not
be
construed
to
allow
the
director
to
prohibit
3
the
lawful
carrying,
transportation,
or
possession
of
any
4
pistol
or
revolver
in
the
capitol
building
and
on
the
grounds
5
surrounding
the
capitol
building
including
state
parking
lots
6
and
parking
garages
by
a
any
person
who
displays
to
capitol
7
security
personnel
a
valid
permit
to
carry
weapons
upon
request
8
regardless
of
whether
the
person
has
a
valid
permit
to
carry
9
weapons
.
10
Sec.
6.
Section
232.52,
subsection
2,
paragraph
a,
11
subparagraph
(4),
subparagraph
division
(a),
subparagraph
12
subdivision
(viii),
Code
2021,
is
amended
to
read
as
follows:
13
(viii)
Section
724.4
,
if
the
child
used
the
dangerous
weapon
14
in
the
commission
of
a
crime
on
school
grounds
.
15
Sec.
7.
Section
724.2A,
Code
2021,
is
amended
to
read
as
16
follows:
17
724.2A
Peace
officer
——
defined
——
reserved
peace
officer
18
included.
19
As
used
in
sections
724.4,
724.4B,
724.6
,
and
724.11
,
“peace
20
officer”
includes
a
reserve
peace
officer
as
defined
in
section
21
80D.1A
.
22
Sec.
8.
Section
724.4,
Code
2021,
is
amended
by
striking
the
23
section
and
inserting
in
lieu
thereof
the
following:
24
724.4
Use
of
a
dangerous
weapon
in
the
commission
of
a
crime.
25
A
person
who
goes
armed
with
a
dangerous
weapon
on
or
about
26
the
person,
and
who
uses
the
dangerous
weapon
in
the
commission
27
of
a
crime,
commits
an
aggravated
misdemeanor.
28
Sec.
9.
Section
724.4B,
Code
2021,
is
amended
by
striking
29
the
section
and
inserting
in
lieu
thereof
the
following:
30
724.4B
Carrying
firearms
on
school
grounds
——
penalty
——
31
exceptions.
32
1.
A
person
who
goes
armed
with,
carries,
or
transports
a
33
firearm
of
any
kind,
whether
concealed
or
not,
on
the
grounds
34
of
a
school
commits
a
class
“D”
felony.
For
the
purposes
of
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this
section,
“school”
means
a
public
or
nonpublic
school
as
1
defined
in
section
280.2.
2
2.
Subsection
1
does
not
apply
to
the
following:
3
a.
A
person
who
has
been
specifically
authorized
by
the
4
school
to
go
armed
with,
carry,
or
transport
a
firearm
on
the
5
school
grounds
for
any
lawful
purpose.
6
b.
A
peace
officer
including
a
peace
officer
who
has
7
not
been
certified
and
a
federal
officer
when
the
officer’s
8
employment
requires
going
armed,
whether
or
not
the
peace
9
officer
or
federal
officer
is
acting
in
the
performance
of
10
official
duties.
11
c.
A
member
of
the
armed
forces
of
the
United
States
or
12
of
the
national
guard
or
person
in
the
service
of
the
United
13
States,
when
the
firearm
is
carried
in
connection
with
the
14
person’s
duties
as
such.
15
d.
A
correctional
officer,
when
the
officer’s
duties
require
16
the
officer
to
carry
a
firearm,
serving
under
the
authority
of
17
the
Iowa
department
of
corrections.
18
e.
A
person
who
for
any
lawful
purpose
carries
an
unloaded
19
pistol,
revolver,
or
other
firearm
inside
a
closed
and
fastened
20
container
or
securely
wrapped
package
that
is
too
large
to
be
21
concealed
on
the
person.
22
f.
A
person
who
for
any
lawful
purpose
carries
or
23
transports
an
unloaded
pistol,
revolver,
or
other
firearm
24
in
a
vehicle
or
common
carrier
inside
a
closed
and
fastened
25
container
or
securely
wrapped
package
that
is
too
large
to
be
26
concealed
on
the
person
or
carries
or
transports
an
unloaded
27
pistol,
revolver,
or
other
firearm
inside
a
cargo
or
luggage
28
compartment
where
the
pistol
or
revolver
will
not
be
readily
29
accessible
to
any
person
riding
in
the
vehicle
or
common
30
carrier.
31
g.
A
law
enforcement
officer
from
another
state
when
the
32
officer’s
duties
require
the
officer
to
carry
a
firearm
and
the
33
officer
is
in
this
state
for
any
of
the
following
reasons:
34
(1)
The
extradition
or
other
lawful
removal
of
a
prisoner
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from
this
state.
1
(2)
Pursuit
of
a
suspect
in
compliance
with
chapter
806.
2
(3)
Activities
in
the
capacity
of
a
law
enforcement
officer
3
with
the
knowledge
and
consent
of
the
chief
of
police
of
the
4
city
or
the
sheriff
of
the
county
in
which
the
activities
occur
5
or
of
the
commissioner
of
public
safety.
6
h.
A
licensee
under
chapter
80A
or
an
employee
of
such
7
a
licensee,
while
the
licensee
or
employee
is
engaged
in
8
the
performance
of
duties,
and
if
the
licensee
or
employee
9
possesses
a
valid
professional
or
nonprofessional
permit
to
10
carry
weapons
issued
pursuant
to
this
chapter.
11
Sec.
10.
Section
724.5,
Code
2021,
is
amended
by
striking
12
the
section
and
inserting
in
lieu
thereof
the
following:
13
724.5
Availability
of
permit
not
to
be
construed
as
14
prohibition
on
unlicensed
carrying
of
weapons.
15
The
availability
of
a
professional
or
nonprofessional
permit
16
to
carry
weapons
under
this
chapter
shall
not
be
construed
to
17
impose
a
general
prohibition
on
the
otherwise
lawful
unlicensed
18
carrying
or
transport,
whether
openly
or
concealed,
of
a
19
dangerous
weapon,
including
a
loaded
firearm.
20
Sec.
11.
Section
724.6,
subsection
1,
paragraph
a,
Code
21
2021,
is
amended
to
read
as
follows:
22
a.
(1)
A
person
may
be
issued
a
permit
to
carry
weapons
23
when
the
person’s
employment
in
a
private
investigation
24
business
or
private
security
business
licensed
under
chapter
25
80A
,
or
a
person’s
employment
as
a
peace
officer,
correctional
26
officer,
security
guard,
bank
messenger
or
other
person
27
transporting
property
of
a
value
requiring
security,
or
in
28
police
work,
reasonably
justifies
that
person
going
armed.
29
(2)
A
person
may
be
issued
a
permit
to
carry
weapons
30
if
the
person
is
an
emergency
medical
care
provider
who
is
31
designated
and
attached
to
a
law
enforcement
tactical
team
by
32
the
authorities
having
jurisdiction.
A
person
issued
a
permit
33
to
carry
weapons
under
this
paragraph
shall
train
with
the
law
34
enforcement
tactical
team
the
person
is
designated
and
attached
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to,
complete
a
prescribed
firearm
safety
training
course
1
offered
pursuant
to
section
724.9,
subsection
1,
paragraph
2
“e”
,
complete
any
additional
training
as
prescribed
by
the
3
authorities
having
jurisdiction,
and
not
be
disqualified
under
4
section
724.8.
5
Sec.
12.
Section
724.6,
subsection
2,
Code
2021,
is
amended
6
to
read
as
follows:
7
2.
Notwithstanding
subsection
1
,
fire
fighters,
as
defined
8
in
section
411.1,
subsection
10
,
airport
fire
fighters
included
9
under
section
97B.49B
,
and
emergency
medical
care
providers
,
10
as
defined
in
section
147A.1
other
than
emergency
medical
11
care
providers
specified
in
subsection
1,
paragraph
“a”
,
12
subparagraph
(2)
,
shall
not,
as
a
condition
of
employment,
13
be
required
to
obtain
a
permit
under
this
section
.
However,
14
the
provisions
of
this
subsection
shall
not
apply
to
a
person
15
designated
as
an
arson
investigator
by
the
chief
fire
officer
16
of
a
political
subdivision.
17
Sec.
13.
Section
724.6,
Code
2021,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
3.
For
purposes
of
this
section,
“emergency
20
medical
care
provider”
means
the
same
as
defined
in
section
21
147A.1.
22
DIVISION
III
23
HANDGUN
SAFETY
TRAINING
24
Sec.
14.
Section
724.9,
subsection
1,
paragraphs
a
and
b,
25
Code
2021,
are
amended
to
read
as
follows:
26
a.
Completion
of
any
national
rifle
association
handgun
27
safety
training
course
or
a
handgun
safety
training
course
28
offered
by
an
instructor
certified
by
an
organization
approved
29
by
the
department
of
public
safety
pursuant
to
section
724.9A
.
30
b.
Completion
of
any
handgun
safety
training
course
31
available
to
the
general
public
offered
by
a
law
enforcement
32
agency,
community
college,
college,
private
or
public
33
institution
or
organization,
or
firearms
training
school,
34
utilizing
instructors
certified
by
the
national
rifle
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association
or
an
organization
approved
by
the
department
of
1
public
safety
pursuant
to
section
724.9A
or
another
state’s
2
department
of
public
safety,
state
police
department,
or
3
similar
certifying
body.
4
Sec.
15.
NEW
SECTION
.
724.9A
Approval
of
organizations
that
5
may
certify
handgun
safety
training
instructors.
6
1.
The
department
of
public
safety
shall
adopt
rules
to
7
approve
organizations
that
may
certify
individuals
as
handgun
8
safety
training
instructors
eligible
to
offer
a
handgun
safety
9
training
course
under
section
724.9,
subsection
1,
paragraphs
10
“a”
and
“b”
.
The
rules
shall
require
a
handgun
safety
training
11
instructor
to
apply
to
the
organization
for
recertification
at
12
least
once
every
five
years
and
shall
require
the
organization
13
to
pay
a
fee
to
cover
costs
necessary
to
maintain
a
list
of
14
approved
organizations
and
certified
instructors.
15
2.
The
department
shall
maintain
on
the
department’s
16
internet
site
the
following
resources:
17
a.
Applications
for
an
organization
to
receive
approval
to
18
certify
and
recertify
handgun
safety
training
instructors.
19
b.
A
list
of
organizations
approved
under
this
section
20
that
certify
handgun
safety
training
instructors
that
shall
21
include
the
national
rifle
association,
and
a
list
of
certified
22
instructors.
The
department
shall
use
an
interface
that
allows
23
a
user
to
sort
the
lists
in
a
manner
that
provides
convenience
24
to
the
user,
such
as
but
not
limited
to
sorting
by
geographic
25
location
or
online
instruction
as
opposed
to
in-person,
26
hands-on
instruction.
27
c.
General
information
relating
to
permits
to
carry
weapons,
28
firearm
safety,
and
training
opportunities
currently
available
29
to
the
public.
30
DIVISION
IV
31
FIREARM
REGULATION
BY
POLITICAL
SUBDIVISIONS
32
Sec.
16.
Section
724.28,
subsections
2
and
3,
Code
2021,
are
33
amended
to
read
as
follows:
34
2.
A
political
subdivision
of
the
state
shall
not
enact
an
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ordinance,
motion,
resolution,
policy,
or
amendment
regulating
1
the
ownership,
possession,
carrying,
legal
transfer,
lawful
2
transportation,
modification,
registration,
or
licensing
of
3
firearms,
firearms
attachments,
or
other
weapons
when
the
4
ownership,
possession,
carrying,
transfer,
transportation,
or
5
modification
is
otherwise
lawful
under
the
laws
of
this
state.
6
An
ordinance
regulating
firearms,
firearms
attachments,
or
7
other
weapons
in
violation
of
this
section
existing
on
or
after
8
April
5,
1990,
is
void.
9
3.
If
a
political
subdivision
of
the
state,
prior
to,
on,
10
or
after
July
1,
2020,
adopts,
makes,
enacts,
or
amends
any
11
ordinance,
measure,
enactment,
rule,
resolution,
motion,
or
12
policy
regulating
the
ownership,
possession,
carrying,
legal
13
transfer,
lawful
transportation,
modification,
registration,
14
or
licensing
of
firearms,
firearms
attachments,
or
other
15
weapons
when
the
ownership,
possession,
carrying,
transfer,
16
transportation,
modification,
registration,
or
licensing
17
of
firearms,
firearms
attachments,
or
other
weapons
is
18
otherwise
lawful
under
the
laws
of
this
state,
a
person
19
adversely
affected
by
the
ordinance,
measure,
enactment,
rule,
20
resolution,
motion,
or
policy
may
file
suit
in
the
appropriate
21
court
for
declaratory
and
injunctive
relief
and
all
damages
22
attributable
to
the
violation.
A
court
shall
also
award
the
23
prevailing
party
in
any
such
lawsuit
reasonable
attorney
fees
24
and
court
costs.
25
DIVISION
V
26
POSSESSION
AND
STORAGE
OF
A
FIREARM
BY
A
TENANT
27
Sec.
17.
Section
562A.11,
Code
2021,
is
amended
to
read
as
28
follows:
29
562A.11
Prohibited
provisions
in
rental
agreements.
30
1.
A
rental
agreement
shall
not
provide
that
the
tenant
or
31
landlord
does
any
of
the
following
:
32
a.
Agrees
to
waive
or
to
forego
rights
or
remedies
under
33
this
chapter
provided
that
this
restriction
shall
not
apply
to
34
rental
agreements
covering
single
family
residences
on
land
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assessed
as
agricultural
land
and
located
in
an
unincorporated
1
area
;
.
2
b.
Authorizes
a
person
to
confess
judgment
on
a
claim
3
arising
out
of
the
rental
agreement
;
.
4
c.
Agrees
to
pay
the
other
party’s
attorney
fees
;
or
.
5
d.
Agrees
to
the
exculpation
or
limitation
of
any
liability
6
of
the
other
party
arising
under
law
or
to
indemnify
the
other
7
party
for
that
liability
or
the
associated
costs
connected
8
therewith
.
9
1A.
If
the
landlord
receives
rental
assistance
payments
10
under
a
rental
assistance
agreement
administered
by
the
11
United
States
department
of
agriculture
under
the
multifamily
12
housing
rental
assistance
program
under
Tit.
V
of
the
federal
13
Housing
Act
of
1949,
Pub.
L.
No.
81-171,
or
receives
housing
14
assistance
payments
under
a
housing
assistance
payment
contract
15
administered
by
the
United
States
department
of
housing
and
16
urban
development
under
the
housing
choice
voucher
program,
17
the
new
construction
program,
the
substantial
rehabilitation
18
program,
or
the
moderate
rehabilitation
program
under
section
8
19
of
the
United
States
Housing
Act
of
1937,
Pub.
L.
No.
75-412,
a
20
rental
agreement
shall
not
contain
a
provision
or
impose
a
rule
21
that
requires
a
person
to
agree,
as
a
condition
of
tenancy,
to
22
a
prohibition
or
restriction
on
the
lawful
ownership,
use,
or
23
possession
of
a
firearm,
a
firearm
component,
or
ammunition
24
within
the
tenant’s
specific
rental
unit.
A
landlord
may
25
impose
reasonable
restrictions
related
to
the
possession,
26
use,
or
transportation
of
a
firearm,
a
firearm
component,
or
27
ammunition
within
common
areas
as
long
as
those
restrictions
do
28
not
circumvent
the
purpose
of
this
subsection.
A
tenant
shall
29
exercise
reasonable
care
in
the
storage
of
a
firearm,
a
firearm
30
component,
or
ammunition.
This
subsection
does
not
apply
to
31
any
prohibition
or
restriction
that
is
required
by
federal
or
32
state
law,
rule,
or
regulation.
33
2.
A
provision
prohibited
by
subsection
1
this
section
34
included
in
a
rental
agreement
is
unenforceable.
If
a
landlord
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willfully
uses
a
rental
agreement
containing
provisions
known
1
by
the
landlord
to
be
prohibited,
a
tenant
may
recover
actual
2
damages
sustained
by
the
tenant
and
not
more
than
three
months’
3
periodic
rent
and
reasonable
attorney
fees.
4
Sec.
18.
Section
562A.16,
Code
2021,
is
amended
by
adding
5
the
following
new
subsection:
6
NEW
SUBSECTION
.
3.
Except
in
cases
of
willful,
reckless,
or
7
gross
negligence,
a
landlord
is
not
liable
in
a
civil
action
8
for
personal
injury,
death,
property
damage,
or
other
damages
9
resulting
from
or
arising
out
of
an
occurrence
involving
a
10
firearm,
a
firearm
component,
or
ammunition
that
the
landlord
11
is
required
to
allow
on
the
property
under
section
562A.11.
12
Sec.
19.
Section
562A.27A,
subsection
2,
paragraph
b,
Code
13
2021,
is
amended
to
read
as
follows:
14
b.
Illegal
use
of
a
firearm
or
other
weapon,
the
threat
to
15
use
a
firearm
or
other
weapon
illegally,
or
possession
of
an
16
illegal
firearm.
The
mere
possession
or
storage
of
a
firearm
17
by
a
tenant
in
the
dwelling
unit
that
the
tenant
rents
does
not
18
constitute
a
clear
and
present
danger.
19
Sec.
20.
Section
562B.11,
Code
2021,
is
amended
by
adding
20
the
following
new
subsection:
21
NEW
SUBSECTION
.
1A.
If
the
landlord
receives
rental
22
assistance
payments
under
a
rental
assistance
agreement
23
administered
by
the
United
States
department
of
agriculture
24
under
the
multifamily
housing
rental
assistance
program
25
under
Tit.
V
of
the
federal
Housing
Act
of
1949,
Pub.
L.
26
No.
81-171,
or
receives
housing
assistance
payments
under
a
27
housing
assistance
payment
contract
administered
by
the
United
28
States
department
of
housing
and
urban
development
under
the
29
housing
choice
voucher
program,
the
new
construction
program,
30
the
substantial
rehabilitation
program,
or
the
moderate
31
rehabilitation
program
under
section
8
of
the
United
States
32
Housing
Act
of
1937,
Pub.
L.
No.
75-412,
a
rental
agreement
33
shall
not
contain
a
provision
or
impose
a
rule
that
requires
a
34
person
to
agree,
as
a
condition
of
tenancy,
to
a
prohibition
or
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restriction
on
the
lawful
ownership,
use,
or
possession
of
a
1
firearm,
a
firearm
component,
or
ammunition
within
the
tenant’s
2
specific
rental
unit.
A
landlord
may
impose
reasonable
3
restrictions
related
to
the
possession,
use,
or
transportation
4
of
a
firearm,
a
firearm
component,
or
ammunition
within
common
5
areas
as
long
as
those
restrictions
do
not
circumvent
the
6
purpose
of
this
subsection.
A
tenant
shall
exercise
reasonable
7
care
in
the
storage
of
a
firearm,
a
firearm
component,
or
8
ammunition.
This
subsection
does
not
apply
to
any
prohibition
9
or
restriction
that
is
required
by
federal
or
state
law,
rule,
10
or
regulation.
11
Sec.
21.
Section
562B.11,
subsection
2,
Code
2021,
is
12
amended
to
read
as
follows:
13
2.
A
provision
prohibited
by
subsection
1
this
section
14
included
in
a
rental
agreement
is
unenforceable.
If
a
landlord
15
or
tenant
knowingly
uses
a
rental
agreement
containing
16
provisions
known
to
be
prohibited
by
this
chapter
,
the
other
17
party
may
recover
actual
damages
sustained.
18
Sec.
22.
Section
562B.17,
Code
2021,
is
amended
by
adding
19
the
following
new
subsection:
20
NEW
SUBSECTION
.
3.
Except
in
cases
of
willful,
reckless,
or
21
gross
negligence,
a
landlord
is
not
liable
in
a
civil
action
22
for
personal
injury,
death,
property
damage,
or
other
damages
23
resulting
from
or
arising
out
of
an
occurrence
involving
a
24
firearm,
a
firearm
component,
or
ammunition
that
the
landlord
25
is
required
to
allow
on
the
property
under
section
562B.11.
26
Sec.
23.
Section
562B.25A,
subsection
2,
paragraph
b,
Code
27
2021,
is
amended
to
read
as
follows:
28
b.
Illegal
use
of
a
firearm
or
other
weapon,
the
threat
to
29
use
a
firearm
or
other
weapon
illegally,
or
possession
of
an
30
illegal
firearm.
The
mere
possession
or
storage
of
a
firearm
31
by
a
tenant
in
the
tenant’s
dwelling
unit
does
not
constitute
a
32
clear
and
present
danger.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
the
acquisition
and
possession
of
2
weapons.
3
DIVISION
I
——
ACQUIRING
PISTOLS
AND
REVOLVERS.
Current
4
law
provides
that
any
person
who
intends
to
purchase
a
pistol
5
or
revolver
is
required
to
first
obtain
an
annual
permit
to
6
acquire
pistols
or
revolvers
unless
the
person
is
otherwise
7
exempt
from
obtaining
such
a
permit.
It
is
the
intent
of
the
8
bill
to
satisfy
federal
requirements
of
18
U.S.C.
§922(t)(3)
9
in
order
to
acquire
a
pistol
or
revolver.
The
bill
provides
10
that
in
order
to
acquire
a
pistol
or
revolver
from
a
federally
11
licensed
firearms
dealer,
an
unlicensed
person
is
required
12
to
have
a
valid
permit
to
acquire
or
a
valid
permit
to
carry
13
weapons
issued
in
accordance
with
Code
chapter
724
or
the
14
person
must
complete
a
satisfactory
national
instant
criminal
15
background
check
pursuant
to
18
U.S.C.
§922(t).
The
bill
16
provides
that
a
valid
permit
to
carry
weapons
or
license
issued
17
by
another
state
to
any
nonresident
of
this
state
does
not
18
satisfy
the
requirements
to
acquire
a
pistol
or
revolver
in
19
this
state.
20
Under
the
bill,
a
person
is
not
eligible
to
acquire
a
pistol
21
or
revolver
if
the
person
is
less
than
21
years
of
age
except
22
when
required
for
certain
duties,
is
prohibited
by
Code
section
23
724.26
(felon
in
possession
of
a
firearm),
federal
law,
or
24
by
a
court
order
from
possessing,
shipping,
transporting,
or
25
receiving
a
firearm.
26
The
bill,
in
Code
section
724.15,
provides
that
a
permit
to
27
acquire
firearms
may
be
suspended
or
revoked
by
the
issuing
28
officer
and
the
aggrieved
permit
holder
may
file
an
appeal
with
29
an
administrative
law
judge
under
Code
section
724.21A.
30
The
bill
strikes
the
language
of
current
Code
section
31
724.16,
relating
to
transferring
a
pistol
or
revolver
to
a
32
person
without
a
permit
or
acquiring
a
pistol
or
revolver
33
without
a
permit
and
substitutes
language
prohibiting
the
34
transfer
of
a
firearm
to
another
person
who
does
not
possess
a
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permit
if
the
person
knows
or
reasonably
should
know
the
person
1
is
prohibited
from
receiving
or
possessing
a
firearm
under
Code
2
section
724.26
or
federal
law.
The
bill
also
provides
that
a
3
person
shall
not
loan
or
rent
a
firearm
to
another
person
for
4
temporary
use
during
lawful
activities
if
the
person
knows
or
5
reasonably
should
know
the
person
is
prohibited
from
receiving
6
or
possessing
a
firearm
under
Code
section
724.26
or
federal
7
law.
A
person
who
violates
this
provision
commits
a
class
8
“D”
felony.
Currently,
a
person
who
acquires
ownership
of
a
9
pistol
or
revolver
without
a
valid
permit
to
acquire
pistols
10
or
revolvers
or
a
person
who
transfers
ownership
of
a
pistol
11
or
revolver
to
a
person
who
does
not
have
in
the
person’s
12
possession
a
valid
permit
to
acquire
pistols
or
revolvers
13
is
guilty
of
an
aggravated
misdemeanor,
except
as
otherwise
14
provided
in
Code
section
724.15(2).
15
The
bill
makes
a
conforming
change
to
Code
section
724.27
16
relating
to
the
restoration
of
firearms
rights.
17
A
class
“D”
felony,
as
referenced
in
the
bill,
is
punishable
18
by
confinement
for
no
more
than
five
years
and
a
fine
of
at
19
least
$1,025
but
not
more
than
$10,245.
20
DIVISION
II
——
CARRYING
AND
POSSESSING
WEAPONS
——
SCHOOL
21
GROUNDS
——
EMERGENCY
MEDICAL
CARE
PROVIDERS.
Current
law
22
requires
department
of
administrative
services
rules
to
23
prohibit
a
person,
other
than
a
peace
officer,
from
openly
24
carrying
a
pistol
or
revolver
in
the
capitol
building
and
on
25
the
grounds
surrounding
the
capitol
building
including
state
26
parking
lots
and
parking
garages
unless
the
person
displays
27
a
valid
permit
to
carry
weapons
upon
request
from
capitol
28
security
personnel.
The
bill
removes
the
language
requiring
a
29
person
to
display
a
permit
to
carry
weapons
upon
request.
30
The
bill
amends
Code
section
724.4
by
striking
the
current
31
penalty
for
carrying
dangerous
weapons.
Instead,
the
bill
32
amends
the
current
crime
of
going
armed
with
a
knife
in
the
33
commission
of
a
crime,
an
aggravated
misdemeanor,
to
provide
34
that
a
person
who
goes
armed
with
a
dangerous
weapon
on
or
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about
the
person,
and
who
used
the
dangerous
weapon
in
the
1
commission
of
a
crime,
commits
an
aggravated
misdemeanor.
2
An
aggravated
misdemeanor
is
punishable
by
confinement
for
3
no
more
than
two
years
and
a
fine
of
at
least
$855
but
not
4
more
than
$8,540.
The
bill
makes
a
conforming
change
to
Code
5
section
232.52(2)
relating
to
the
suspension
or
revocation
of
6
a
juvenile’s
driver’s
license
or
operating
privilege
and
a
7
conforming
change
to
Code
section
724.2A
due
to
the
strike
of
8
Code
section
724.4
in
the
bill.
The
bill
amends
the
offense
of
9
carrying
weapons
on
school
grounds
under
Code
section
724.4B
to
10
create
an
offense
of
carrying
firearms
on
school
grounds
and
11
to
specifically
include
certain
categories
of
persons
who
are
12
authorized
to
carry
weapons
on
school
grounds.
13
A
person
who
goes
armed
with,
carries,
or
transports
a
14
firearm
on
the
grounds
of
a
school
in
violation
of
Code
section
15
724.4B
commits
a
class
“D”
felony.
16
The
bill
strikes
Code
section
724.5
relating
to
a
person’s
17
duty
to
carry
a
valid
permit
to
carry
certain
weapons
for
18
which
a
permit
has
been
issued
to
the
person
and
replaces
that
19
Code
section
with
language
providing
that
the
availability
20
of
a
professional
or
nonprofessional
permit
to
carry
weapons
21
shall
not
be
construed
to
impose
a
general
prohibition
on
the
22
otherwise
lawful
unlicensed
carrying
or
transport,
whether
23
openly
or
concealed,
of
a
dangerous
weapon,
including
a
loaded
24
firearm.
25
The
bill
specifies
that
a
peace
officer
or
reserve
peace
26
officer
including
a
peace
officer
or
reserve
peace
officer
27
who
has
not
been
certified,
and
a
federal
officer
when
the
28
officer’s
employment
requires
going
armed,
may
go
armed
with,
29
carry,
or
transport
a
firearm
on
school
grounds,
whether
or
not
30
the
officer
is
acting
in
the
performance
of
official
duties.
31
Current
law
restricts
persons
eligible
to
obtain
a
32
professional
permit
to
carry
weapons
to
certain
individuals
33
involved
with
investigation,
security,
valuable
property
34
transportation,
corrections,
and
other
police
work
if
the
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individual’s
occupation
reasonably
justifies
the
individual
1
going
armed.
The
bill
allows
an
emergency
medical
care
2
provider
to
obtain
a
professional
permit
to
carry
weapons
3
if
the
emergency
medical
care
provider
is
designated
and
4
attached
to
a
law
enforcement
tactical
team
by
the
authorities
5
having
jurisdiction.
Additionally,
the
emergency
medical
6
care
provider
shall
train
with
the
tactical
team,
complete
a
7
firearm
safety
training
course
that
qualifies
a
peace
officer
8
to
carry
a
firearm
in
the
normal
course
of
the
peace
officer’s
9
duties,
complete
any
additional
training
as
prescribed
by
10
the
authorities
having
jurisdiction,
and
not
be
disqualified
11
from
obtaining
a
professional
or
nonprofessional
permit
to
12
carry
weapons.
Notwithstanding
a
general
prohibition,
the
13
bill
allows
an
employer
of
an
emergency
medical
care
provider
14
to
require
an
emergency
medical
care
provider
to
obtain
15
a
professional
permit
to
carry
weapons
as
a
condition
of
16
employment
if
the
emergency
medical
care
provider
accompanies
17
police
tactical
teams
consistent
with
the
bill.
18
By
operation
of
law,
a
professional
permit
to
carry
weapons
19
will
authorize
an
emergency
medical
care
provider
to
go
armed
20
anywhere
in
the
state
only
while
engaged
in
employment
and
21
while
going
to
and
from
the
place
of
employment.
An
emergency
22
medical
care
provider
shall
submit
an
application
and
undergo
23
a
criminal
history
background
check
prior
to
receiving
a
24
professional
permit
to
carry
weapons.
A
professional
permit
25
to
carry
weapons
issued
to
an
emergency
medical
care
provider
26
shall
expire
12
months
after
the
date
of
issue.
27
DIVISION
III
——
HANDGUN
SAFETY
TRAINING.
Current
law
28
requires
an
applicant
for
an
initial
permit
to
carry
weapons
29
to
demonstrate
knowledge
of
firearm
safety.
An
applicant
30
may
demonstrate
knowledge
of
firearm
safety
by,
among
other
31
methods,
completing
any
national
rifle
association
handgun
32
safety
training
course
or
completing
any
handgun
safety
33
training
course
available
to
the
general
public
offered
by
34
certain
entities
that
utilize
an
instructor
certified
by
the
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national
rifle
association.
1
The
bill
requires
the
department
of
public
safety
2
(department)
to
adopt
rules
to
approve
additional
organizations
3
that
may
certify
an
individual
as
an
instructor
eligible
to
4
offer
certain
handgun
safety
training
courses.
The
rules
shall
5
require
a
handgun
safety
training
instructor
to
apply
to
the
6
organization
for
recertification
at
least
once
every
five
7
years.
The
rules
shall
also
require
the
department
to
charge
a
8
fee
to
cover
the
costs
necessary
to
maintain
a
list
of
approved
9
organizations
and
a
list
of
certified
instructors.
10
The
bill
requires
the
department
to
maintain
on
the
11
department’s
internet
site
applications
for
an
organization
12
to
receive
approval
to
certify
and
recertify
handgun
safety
13
training
instructors,
a
list
of
approved
organizations
14
that
certify
handgun
safety
training
instructors
that
shall
15
include
the
national
rifle
association,
a
list
of
certified
16
instructors,
and
general
information
relating
to
permits
to
17
carry
weapons,
firearm
safety,
and
training
opportunities
18
currently
available
to
the
public.
19
DIVISION
IV
——
FIREARM
REGULATION
BY
POLITICAL
SUBDIVISIONS.
20
Current
law
prohibits
a
political
subdivision
from
enacting
21
an
ordinance,
motion,
resolution,
policy,
or
amendment
22
regulating
the
ownership,
possession,
legal
transfer,
lawful
23
transportation,
modification,
registration,
or
licensing
24
of
firearms,
firearms
attachments,
or
other
weapons
when
25
the
ownership,
possession,
transfer,
transportation,
or
26
modification
is
otherwise
lawful
under
the
laws
of
this
state.
27
The
bill
extends
the
prohibition
to
include
carrying
firearms,
28
firearms
attachments,
or
other
weapons
when
the
ownership,
29
possession,
transfer,
transportation,
or
modification
is
30
otherwise
lawful.
31
DIVISION
V
——
POSSESSION
AND
STORAGE
OF
A
FIREARM
BY
A
32
TENANT.
When
a
landlord
receives
rental
assistance
payments
33
through
certain
federal
programs,
the
bill
prohibits
the
rental
34
agreement
from
including
a
provision
or
imposing
a
rule
that
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requires
a
person
to
agree,
as
a
condition
of
tenancy,
to
a
1
prohibition
or
restriction
on
the
lawful
ownership,
use,
or
2
possession
of
a
firearm,
a
firearm
component,
or
ammunition
3
within
the
tenant’s
dwelling
unit.
In
the
context
of
a
tenant
4
leasing
a
mobile
home
space,
“dwelling
unit”
excludes
the
real
5
property
used
to
accommodate
a
manufactured
or
mobile
home.
6
A
landlord
may
impose
reasonable
restrictions
related
to
the
7
possession,
use,
or
transportation
of
a
firearm,
a
firearm
8
component,
or
ammunition
within
common
areas
as
long
as
those
9
restrictions
do
not
circumvent
the
purpose
of
the
bill.
The
10
bill
requires
a
tenant
to
exercise
reasonable
care
in
the
11
storage
of
a
firearm,
a
firearm
component,
or
ammunition.
The
12
prohibition
on
terms
of
a
rental
agreement
does
not
apply
to
13
any
prohibition
or
restriction
that
is
required
by
federal
or
14
state
law,
rule,
or
regulation.
15
The
bill
provides
that
except
in
cases
of
willful,
reckless,
16
or
gross
negligence,
a
landlord
is
not
liable
in
a
civil
action
17
for
personal
injury,
death,
property
damage,
or
other
damages
18
resulting
from
or
arising
out
of
an
occurrence
involving
a
19
firearm,
a
firearm
component,
or
ammunition
that
the
landlord
20
is
required
to
allow
on
the
property
under
the
bill.
The
bill
21
provides
that
the
mere
possession
or
storage
of
a
firearm
by
22
a
tenant
in
the
dwelling
unit
does
not
constitute
a
clear
and
23
present
danger.
24
A
provision
in
a
rental
agreement
that
violates
the
bill
is
25
unenforceable.
A
tenant
of
a
dwelling
unit
may
recover
from
a
26
landlord
actual
damages
sustained
by
the
tenant,
not
more
than
27
three
months’
periodic
rent,
and
reasonable
attorney
fees
if
28
the
landlord
willfully
uses
a
rental
agreement
that
contains
29
provisions
known
by
the
landlord
to
be
prohibited
by
the
bill.
30
A
tenant
of
a
mobile
home
space
may
recover
from
a
landlord
31
actual
damages
sustained
if
the
landlord
knowingly
includes
in
32
the
rental
agreement
a
provision
known
to
be
prohibited
by
the
33
bill.
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