Bill Text: IA HF118 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to carrying and possessing weapons and acquiring pistols and revolvers, providing penalties, and including applicability provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-19 - Subcommittee: Windschitl, Klein and Wessel-Kroeschell. H.J. 313. [HF118 Detail]
Download: Iowa-2019-HF118-Introduced.html
House
File
118
-
Introduced
HOUSE
FILE
118
BY
SHIPLEY
A
BILL
FOR
An
Act
relating
to
carrying
and
possessing
weapons
and
1
acquiring
pistols
and
revolvers,
providing
penalties,
and
2
including
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1360HH
(1)
88
mo/rh
H.F.
118
DIVISION
I
1
CARRYING
AND
POSSESSING
WEAPONS
WITHOUT
A
PERMIT
2
Section
1.
Section
232.52,
subsection
2,
paragraph
a,
3
subparagraph
(4),
subparagraph
division
(a),
subparagraph
4
subdivision
(viii),
Code
2019,
is
amended
to
read
as
follows:
5
(viii)
Section
724.4
if
the
child
used
the
knife
in
the
6
commission
of
a
crime
on
school
grounds
.
7
Sec.
2.
Section
724.2A,
Code
2019,
is
amended
to
read
as
8
follows:
9
724.2A
Peace
officer
——
defined
——
reserved
peace
officer
10
included.
11
As
used
in
sections
724.4
,
724.6
,
and
724.11
,
“peace
officer”
12
includes
a
reserve
peace
officer
as
defined
in
section
80D.1A
.
13
Sec.
3.
Section
724.4,
Code
2019,
is
amended
by
striking
the
14
section
and
inserting
in
lieu
thereof
the
following:
15
724.4
Use
of
knife
in
the
commission
of
a
crime.
16
A
person
who
goes
armed
with
a
knife
on
or
about
the
person,
17
if
the
person
uses
the
knife
in
the
commission
of
a
crime,
18
commits
an
aggravated
misdemeanor.
19
Sec.
4.
Section
724.4B,
subsection
2,
Code
2019,
is
amended
20
to
read
as
follows:
21
2.
Subsection
1
does
not
apply
to
the
following:
22
a.
A
person
listed
under
section
724.4,
subsection
4
,
23
paragraphs
“b”
through
“f”
or
“j”
.
24
b.
a.
A
person
who
has
been
specifically
authorized
by
25
the
school
to
go
armed
with,
carry,
or
transport
a
firearm
on
26
the
school
grounds,
including
for
purposes
of
conducting
an
27
instructional
program
regarding
firearms.
28
c.
b.
A
licensee
under
chapter
80A
or
an
employee
of
29
such
a
licensee,
while
the
licensee
or
employee
is
engaged
in
30
the
performance
of
duties,
and
if
the
licensee
or
employee
31
possesses
a
valid
professional
or
nonprofessional
permit
to
32
carry
weapons
issued
pursuant
to
this
chapter
.
33
c.
A
member
of
the
armed
forces
of
the
United
States
or
34
of
the
national
guard
or
person
in
the
service
of
the
United
35
-1-
LSB
1360HH
(1)
88
mo/rh
1/
9
H.F.
118
States,
when
the
weapons
are
carried
in
connection
with
the
1
person’s
duties
as
such.
2
d.
A
correctional
officer,
when
the
officer’s
duties
3
require,
serving
under
the
authority
of
the
Iowa
department
of
4
corrections.
5
e.
A
person
who
for
any
lawful
purpose
carries
an
unloaded
6
pistol,
revolver,
or
other
dangerous
weapon
inside
a
closed
and
7
fastened
container
or
securely
wrapped
package
which
is
too
8
large
to
be
concealed
on
the
person.
9
f.
A
person
who
for
any
lawful
purpose
carries
or
transports
10
an
unloaded
pistol
or
revolver
in
a
vehicle
inside
a
closed
11
and
fastened
container
or
securely
wrapped
package
which
is
12
too
large
to
be
concealed
on
the
person
or
inside
a
cargo
13
or
luggage
compartment
where
the
pistol
or
revolver
will
not
14
be
readily
accessible
to
any
person
riding
in
the
vehicle
or
15
common
carrier.
16
g.
A
law
enforcement
officer
from
another
state
when
the
17
officer’s
duties
require
the
officer
to
carry
the
weapon
and
18
the
officer
is
in
this
state
for
any
of
the
following
reasons:
19
(1)
The
extradition
or
other
lawful
removal
of
a
prisoner
20
from
this
state.
21
(2)
Pursuit
of
a
suspect
in
compliance
with
chapter
806.
22
(3)
Activities
in
the
capacity
of
a
law
enforcement
officer
23
with
the
knowledge
and
consent
of
the
chief
of
police
of
the
24
city
or
the
sheriff
of
the
county
in
which
the
activities
occur
25
or
of
the
commissioner
of
public
safety.
26
Sec.
5.
Section
724.5,
Code
2019,
is
amended
by
striking
the
27
section
and
inserting
in
lieu
thereof
the
following:
28
724.5
Availability
of
permit
not
to
be
construed
as
29
prohibition
on
unlicensed
carrying
of
weapons.
30
The
availability
of
a
professional
or
nonprofessional
permit
31
to
carry
weapons
under
this
chapter
shall
not
be
construed
32
to
impose
a
general
prohibition
on
the
unlicensed
carrying,
33
whether
openly
or
concealed,
of
a
deadly
weapon,
including
a
34
loaded
firearm.
35
-2-
LSB
1360HH
(1)
88
mo/rh
2/
9
H.F.
118
DIVISION
II
1
ACQUIRING
PISTOLS
AND
REVOLVERS
AND
PROHIBITED
TRANSFERS
2
Sec.
6.
Section
29C.25,
subsection
1,
paragraph
b,
Code
3
2019,
is
amended
to
read
as
follows:
4
b.
Suspend
or
revoke,
except
in
accordance
with
section
5
724.13
,
a
permit
issued
pursuant
to
section
724.6
,
or
724.7
,
6
or
724.15
.
7
Sec.
7.
Section
724.11A,
Code
2019,
is
amended
to
read
as
8
follows:
9
724.11A
Recognition.
10
A
valid
permit
or
license
issued
by
another
state
to
any
11
nonresident
of
this
state
shall
be
considered
to
be
a
valid
12
permit
or
license
to
carry
weapons
issued
pursuant
to
this
13
chapter
,
except
that
such
permit
or
license
shall
not
be
14
considered
to
be
a
substitute
for
a
permit
to
acquire
pistols
15
or
revolvers
issued
pursuant
to
section
724.15
deemed
to
16
satisfy
the
requirements
of
section
724.15
.
17
Sec.
8.
Section
724.15,
Code
2019,
is
amended
by
striking
18
the
section
and
inserting
in
lieu
thereof
the
following:
19
724.15
Acquiring
pistols
or
revolvers.
20
1.
It
is
the
intent
of
this
section
to
satisfy
federal
21
requirements
of
18
U.S.C.
§922(t)(3)
in
order
to
acquire
22
pistols
or
revolvers.
As
of
July
1,
2019,
the
state
shall
no
23
longer
issue
a
permit
to
acquire.
In
order
to
acquire
a
pistol
24
or
revolver
from
a
federally
licensed
firearms
dealer,
a
person
25
is
required
to
have
a
valid
permit
to
carry
weapons
issued
26
in
accordance
with
this
chapter
or
the
person
must
complete
27
a
satisfactory
national
instant
criminal
background
check
28
pursuant
to
18
U.S.C.
§922(t).
29
2.
A
person
shall
not
acquire
a
pistol
or
revolver
who
is
30
subject
to
any
of
the
following:
31
a.
Is
under
twenty-one
years
of
age.
32
b.
Is
prohibited
by
section
724.26
or
federal
law
from
33
possessing,
shipping,
transporting,
or
receiving
a
firearm.
34
c.
Is
prohibited
by
court
order
from
possessing,
shipping,
35
-3-
LSB
1360HH
(1)
88
mo/rh
3/
9
H.F.
118
transporting,
or
receiving
a
firearm.
1
3.
An
issuing
officer
who
finds
that
a
person
issued
a
2
permit
to
acquire
pistols
or
revolvers
under
this
chapter
3
prior
to
July
1,
2019,
has
been
arrested
for
a
disqualifying
4
offense
or
who
is
the
subject
of
proceedings
that
could
lead
5
to
the
person’s
ineligibility
for
such
permit,
may
immediately
6
suspend
such
permit.
An
issuing
officer
proceeding
under
7
this
subsection
shall
immediately
notify
the
permit
holder
8
of
the
suspension
by
personal
service
or
certified
mail
on
a
9
form
prescribed
and
published
by
the
commissioner
of
public
10
safety
and
the
suspension
shall
become
effective
upon
the
11
permit
holder’s
receipt
of
such
notice.
If
the
suspension
is
12
based
on
an
arrest
or
a
proceeding
that
does
not
result
in
a
13
disqualifying
conviction
or
finding
against
the
permit
holder,
14
the
issuing
officer
shall
immediately
reinstate
the
permit
upon
15
receipt
of
proof
of
the
matter’s
final
disposition.
If
the
16
arrest
leads
to
a
disqualifying
conviction
or
the
proceedings
17
to
a
disqualifying
finding,
the
issuing
officer
shall
revoke
18
the
permit.
The
issuing
officer
may
also
revoke
the
permit
of
19
a
person
whom
the
issuing
officer
later
finds
was
not
qualified
20
for
such
a
permit
at
the
time
of
issuance
or
who
the
officer
21
finds
provided
materially
false
information
on
the
permit
22
application.
A
person
aggrieved
by
a
suspension
or
revocation
23
under
this
subsection
may
seek
review
of
the
decision
pursuant
24
to
section
724.21A,
Code
2018.
25
Sec.
9.
Section
724.16,
Code
2019,
is
amended
to
read
as
26
follows:
27
724.16
Permit
to
acquire
required
——
transfer
prohibited
28
Pistols
and
revolvers
——
acquiring
or
transferring
prohibitions
.
29
1.
Except
as
otherwise
provided
in
section
724.15,
30
subsection
2
,
a
A
person
who
acquires
ownership
of
a
pistol
or
31
revolver
without
a
valid
permit
to
acquire
pistols
or
revolvers
32
or
a
person
who
transfers
ownership
of
a
pistol
or
revolver
33
to
a
person
who
does
not
have
in
the
person’s
possession
a
34
valid
permit
to
acquire
pistols
or
revolvers
from
a
federally
35
-4-
LSB
1360HH
(1)
88
mo/rh
4/
9
H.F.
118
licensed
firearms
dealer
in
violation
of
section
724.15
is
1
guilty
of
an
aggravated
misdemeanor.
2
2.
A
person
who
transfers
ownership
of
a
pistol
or
revolver
3
to
a
person
that
the
transferor
knows
is
prohibited
by
section
4
724.15
from
acquiring
ownership
of
a
pistol
or
revolver
commits
5
a
class
“D”
felony.
6
Sec.
10.
Section
724.21A,
subsections
1,
7,
and
8,
Code
7
2019,
are
amended
to
read
as
follows:
8
1.
In
any
case
where
the
sheriff
or
the
commissioner
of
9
public
safety
denies
an
application
for
or
suspends
or
revokes
10
a
permit
to
carry
weapons
or
a
permit
to
acquire
pistols
11
or
revolvers
,
the
sheriff
or
commissioner
shall
provide
a
12
written
statement
of
the
reasons
for
the
denial,
suspension,
or
13
revocation
and
the
applicant
or
permit
holder
shall
have
the
14
right
to
appeal
the
denial,
suspension,
or
revocation
to
an
15
administrative
law
judge
in
the
department
of
inspections
and
16
appeals
within
thirty
days
of
receiving
written
notice
of
the
17
denial,
suspension,
or
revocation.
18
7.
In
any
case
where
the
issuing
officer
denies
an
19
application
for,
or
suspends
or
revokes
a
permit
to
carry
20
weapons
or
a
permit
to
acquire
pistols
or
revolvers
solely
21
because
of
an
adverse
determination
by
the
national
instant
22
criminal
background
check
system,
the
applicant
or
permit
23
holder
shall
not
seek
relief
under
this
section
but
may
pursue
24
relief
of
the
national
instant
criminal
background
check
system
25
determination
pursuant
to
Pub.
L.
No.
103-159,
sections
103(f)
26
and
(g)
and
104
and
28
C.F.R.
§25.10
,
or
other
applicable
law.
27
The
outcome
of
such
proceedings
shall
be
binding
on
the
issuing
28
officer.
29
8.
If
an
applicant
or
permit
holder
appeals
the
decision
30
by
the
sheriff
or
commissioner
to
deny
an
application
for
or
31
suspend
or
revoke
a
permit
to
carry
weapons
or
a
permit
to
32
acquire
pistols
or
revolvers,
and
it
is
later
determined
on
33
appeal
the
applicant
or
permit
holder
is
eligible
to
be
issued
34
or
possess
a
permit
to
carry
weapons
or
a
permit
to
acquire
35
-5-
LSB
1360HH
(1)
88
mo/rh
5/
9
H.F.
118
pistols
or
revolvers,
the
applicant
or
permit
holder
shall
1
be
awarded
court
costs
and
reasonable
attorney
fees.
If
the
2
decision
of
the
sheriff
or
commissioner
to
deny
an
application
3
for
or
suspend
or
revoke
a
permit
to
carry
weapons
or
a
permit
4
to
acquire
pistols
or
revolvers
is
upheld
on
appeal,
or
the
5
applicant
or
permit
holder
withdraws
or
dismisses
the
appeal,
6
the
political
subdivision
of
the
state
representing
the
sheriff
7
or
the
state
department
representing
the
commissioner
shall
be
8
awarded
court
costs
and
reasonable
attorney
fees.
9
Sec.
11.
Section
724.27,
subsection
1,
unnumbered
paragraph
10
1,
Code
2019,
is
amended
to
read
as
follows:
11
The
provisions
of
section
724.8
,
section
724.15,
subsection
12
1
2
,
and
section
724.26
shall
not
apply
to
a
person
who
is
13
eligible
to
have
the
person’s
civil
rights
regarding
firearms
14
restored
under
section
914.7
if
any
of
the
following
occur:
15
Sec.
12.
REPEAL.
Sections
724.17,
724.18,
724.19,
and
16
724.20,
Code
2019,
are
repealed.
17
Sec.
13.
APPLICABILITY
OF
PERMIT
TO
ACQUIRE
PISTOLS
OR
18
REVOLVERS
ISSUED
PRIOR
TO
EFFECTIVE
DATE.
A
permit
to
acquire
19
issued
under
the
provisions
of
chapter
724,
Code
2019,
prior
to
20
July
1,
2019,
shall
be
considered
a
valid
permit
to
acquire
as
21
long
as
the
permit
has
not
expired
unless
the
person
becomes
22
ineligible
to
acquire
a
pistol
or
revolver.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
relates
to
carrying
and
possessing
weapons
and
27
acquiring
pistols
and
revolvers.
28
DIVISION
I
——
CARRYING
AND
POSSESSING
WEAPONS
WITHOUT
A
29
PERMIT.
The
bill
strikes
Code
section
724.4
relating
to
the
30
crime
of
carrying
dangerous
weapons,
an
aggravated
misdemeanor,
31
without
a
valid
permit
or
in
other
enumerated
circumstances.
32
Instead,
the
bill
section
creates
a
new
crime
of
going
armed
33
with
a
knife
in
the
commission
of
a
crime,
an
aggravated
34
misdemeanor.
The
bill
amends
Code
section
232.52(2),
by
35
-6-
LSB
1360HH
(1)
88
mo/rh
6/
9
H.F.
118
allowing
a
juvenile
court
to
enter
a
dispositional
order
1
suspending
or
revoking
a
child’s
driver’s
license
or
operating
2
privilege
where
the
child
commits
a
delinquent
act
in
violation
3
of
Code
section
724.4
and
the
commission
of
the
delinquent
act
4
is
on
school
grounds.
The
bill
also
makes
conforming
changes
5
to
Code
section
724.4B,
relating
to
the
carrying
of
weapons
on
6
school
grounds,
by
specifically
identifying
certain
categories
7
of
persons
who
are
authorized
to
carry
weapons
on
school
8
grounds
that
were
previously
identified
by
reference
to
Code
9
section
724.4,
paragraphs
“b”
through
“f”
or
“j”.
10
The
bill
strikes
Code
section
724.5
relating
to
a
person’s
11
duty
to
carry
a
valid
permit
to
carry
certain
weapons
for
12
which
a
permit
has
been
issued
to
the
person
and
replaces
that
13
Code
section
with
a
provision
stating
that
the
availability
14
of
a
professional
or
nonprofessional
permit
to
carry
weapons
15
shall
not
be
construed
to
impose
a
general
prohibition
on
the
16
unlicensed
carrying
of
a
deadly
weapon
including
a
loaded
17
firearm.
18
DIVISION
II
——
ACQUIRING
PISTOLS
AND
REVOLVERS
AND
19
PROHIBITED
TRANSFERS.
Current
law
provides
that
any
person
who
20
intends
to
purchase
a
pistol
or
revolver
is
required
to
first
21
obtain
an
annual
permit
to
acquire
pistols
or
revolvers
unless
22
the
person
is
otherwise
exempt
from
obtaining
such
a
permit.
23
It
is
the
intent
of
the
bill
to
satisfy
federal
requirements
of
24
18
U.S.C.
§922(t)(3)
in
order
to
acquire
a
pistol
or
revolver.
25
The
bill
provides
that
as
of
July
1,
2019,
the
state
shall
no
26
longer
issue
a
permit
to
acquire.
In
order
to
acquire
a
pistol
27
or
revolver
from
a
federally
licensed
firearms
dealer,
a
person
28
is
required
to
have
a
valid
permit
to
carry
weapons
issued
in
29
accordance
with
Code
chapter
724
or
the
person
must
complete
30
a
satisfactory
national
instant
criminal
background
check
31
pursuant
to
18
U.S.C.
§922(t).
The
bill
provides
that
a
valid
32
permit
to
carry
weapons
or
license
issued
by
another
state
to
33
any
nonresident
of
this
state
does
not
satisfy
the
requirements
34
to
acquire
a
pistol
or
revolver
in
this
state.
35
-7-
LSB
1360HH
(1)
88
mo/rh
7/
9
H.F.
118
The
bill
also
makes
a
conforming
change
to
Code
section
1
29C.25
due
to
the
elimination
of
the
permit
to
acquire.
2
Under
the
bill,
a
person
is
not
eligible
to
acquire
a
pistol
3
or
revolver
if
the
person
is
less
than
21
years
of
age,
is
4
prohibited
by
Code
section
724.26
(felon
in
possession
of
a
5
firearm),
federal
law,
or
is
prohibited
by
a
court
order
from
6
possessing,
shipping,
transporting,
or
receiving
a
firearm.
7
The
bill
provides
a
permit
to
acquire
a
pistol
or
revolver
8
issued
under
Code
chapter
724
(Code
2019)
prior
to
July
1,
9
2019,
shall
be
considered
a
valid
permit
to
acquire
as
long
as
10
the
permit
has
not
expired
unless
the
person
becomes
ineligible
11
to
acquire
a
pistol
or
revolver.
12
The
bill,
in
Code
section
724.15,
provides
that
a
permit
to
13
acquire
firearms
issued
prior
to
July
1,
2019,
may
be
suspended
14
or
revoked
by
the
issuing
officer
and
the
aggrieved
permit
15
holder
may
file
an
appeal
with
an
administrative
law
judge
16
under
Code
section
724.21A
as
written
in
the
2019
Code.
17
By
striking
the
requirement
to
obtain
a
permit
to
acquire
a
18
pistol
or
revolver,
and
moving
certain
requirements
to
acquire
19
a
pistol
or
revolver
into
Code
section
724.15
as
amended
in
the
20
bill,
the
bill
repeals
Code
sections
724.17
(application
for
21
permit
to
acquire
——
criminal
history
check),
724.18
(procedure
22
for
making
application
for
permit
to
acquire),
724.19
(issuance
23
of
annual
permit
to
acquire),
and
724.20
(validity
of
permit
to
24
acquire
pistols
or
revolvers).
25
The
bill
amends
Code
section
724.16
by
providing
that
a
26
person
who
acquires
ownership
of
a
pistol
or
revolver
from
a
27
federally
licensed
firearms
dealer
in
violation
of
Code
section
28
724.15
is
guilty
of
an
aggravated
misdemeanor.
Currently,
a
29
person
who
acquires
ownership
of
a
pistol
or
revolver
without
30
a
valid
permit
to
acquire
pistols
or
revolvers
or
a
person
31
who
transfers
ownership
of
a
pistol
or
revolver
to
a
person
32
who
does
not
have
in
the
person’s
possession
a
valid
permit
33
to
acquire
pistols
or
revolvers
is
guilty
of
an
aggravated
34
misdemeanor,
except
as
otherwise
provided
in
Code
section
35
-8-
LSB
1360HH
(1)
88
mo/rh
8/
9
H.F.
118
724.15(2).
1
The
bill
makes
a
conforming
change
to
Code
section
724.27
2
relating
to
the
restoration
of
firearms
rights.
3
An
aggravated
misdemeanor,
as
referenced
in
the
bill,
is
4
punishable
by
confinement
for
no
more
than
two
years
and
a
fine
5
of
at
least
$625
but
not
more
than
$6,250.
6
-9-
LSB
1360HH
(1)
88
mo/rh
9/
9
