Bill Text: IA HF385 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act concerning the carrying and possession of weapons and the acquiring of pistols and revolvers, providing penalties, and including effective date provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-18 - Subcommittee: Windschitl, Klein and Wessel-Kroeschell. H.J. 306. [HF385 Detail]
Download: Iowa-2019-HF385-Introduced.html
House
File
385
-
Introduced
HOUSE
FILE
385
BY
WINDSCHITL
A
BILL
FOR
An
Act
concerning
the
carrying
and
possession
of
weapons
and
1
the
acquiring
of
pistols
and
revolvers,
providing
penalties,
2
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2066YH
(9)
88
mo/rh
H.F.
385
DIVISION
I
1
CARRYING
AND
POSSESSING
WEAPONS
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
2066YH
(9)
88
mo/rh
1/
10
H.F.
385
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
firearm
inside
a
closed
and
fastened
7
container
or
securely
wrapped
package
which
is
too
large
to
be
8
concealed
on
the
person.
9
f.
A
person
who
for
any
lawful
purpose
carries
or
transports
10
an
unloaded
pistol,
revolver,
or
other
firearm
in
a
vehicle
11
inside
a
closed
and
fastened
container
or
securely
wrapped
12
package
which
is
too
large
to
be
concealed
on
the
person
13
or
inside
a
cargo
or
luggage
compartment
where
the
pistol,
14
revolver,
or
other
firearm
will
not
be
readily
accessible
to
15
any
person
riding
in
the
vehicle
or
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
h.
A
person
who
has
in
the
person’s
possession
a
valid
27
permit
to
carry
weapons
issued
pursuant
to
section
724.7
who
28
remains
on
the
portion
of
the
grounds
of
the
school
that
29
comprise
its
driveways,
parking
lots,
and
sidewalks
while
30
going
armed
with,
carrying,
or
transporting
a
concealed
pistol
31
or
revolver.
A
school
shall
be
immune
from
any
claim,
cause
32
of
action,
or
lawsuit
by
a
person
seeking
damages
that
are
33
alleged,
directly
or
indirectly,
as
a
result
of
any
concealed
34
pistol
or
revolver
brought
onto
the
grounds
of
a
school
by
a
35
-2-
LSB
2066YH
(9)
88
mo/rh
2/
10
H.F.
385
person
pursuant
to
this
paragraph.
1
Sec.
5.
Section
724.5,
Code
2019,
is
amended
by
striking
the
2
section
and
inserting
in
lieu
thereof
the
following:
3
724.5
Availability
of
permit
not
to
be
construed
as
4
prohibition
on
unlicensed
carrying
of
weapons.
5
The
availability
of
a
professional
or
nonprofessional
permit
6
to
carry
weapons
under
this
chapter
shall
not
be
construed
7
to
impose
a
general
prohibition
on
the
unlicensed
carrying,
8
whether
openly
or
concealed,
of
a
deadly
weapon,
including
a
9
loaded
firearm.
10
DIVISION
II
11
ACQUIRING
PISTOLS
AND
REVOLVERS
AND
PROHIBITED
TRANSFERS
12
Sec.
6.
Section
724.15,
Code
2019,
is
amended
to
read
as
13
follows:
14
724.15
Permit
to
acquire
Acquiring
pistols
or
revolvers
——
15
permits
.
16
1.
It
is
the
intent
of
this
section
to
satisfy
the
federal
17
requirements
of
18
U.S.C.
§922(t)(3)
in
order
to
acquire
18
pistols
or
revolvers
from
a
federally
licensed
firearms
dealer.
19
In
order
to
acquire
a
pistol
or
revolver
from
a
federally
20
licensed
firearms
dealer,
a
person
is
required
to
have
a
valid
21
permit
to
carry
weapons
or
a
valid
permit
to
acquire
pistols
22
or
revolvers
issued
in
accordance
with
this
chapter
or
the
23
person
must
complete
a
satisfactory
national
instant
criminal
24
background
check
pursuant
to
18
U.S.C.
§922(t).
25
1.
2.
a.
Any
person
who
desires
to
acquire
ownership
of
26
any
pistol
or
revolver
shall
first
obtain
a
permit.
A
permit
27
to
acquire
ownership
of
any
pistol
or
revolver
shall
be
issued
28
upon
request
to
any
resident
of
this
state
unless
the
person
is
29
subject
to
any
of
the
following:
30
a.
(1)
Is
less
than
twenty-one
years
of
age.
31
b.
(2)
Is
subject
to
the
provisions
of
section
724.26
.
32
c.
(3)
Is
prohibited
by
federal
law
from
shipping,
33
transporting,
possessing,
or
receiving
a
firearm.
34
2.
Any
person
who
acquires
ownership
of
a
pistol
or
35
-3-
LSB
2066YH
(9)
88
mo/rh
3/
10
H.F.
385
revolver
shall
not
be
required
to
obtain
a
permit
if
any
of
the
1
following
apply:
2
a.
The
person
transferring
the
pistol
or
revolver
and
the
3
person
acquiring
the
pistol
or
revolver
are
licensed
firearms
4
dealers
under
federal
law.
5
b.
The
pistol
or
revolver
acquired
is
an
antique
firearm,
a
6
collector’s
item,
a
device
which
is
not
designed
or
redesigned
7
for
use
as
a
weapon,
a
device
which
is
designed
solely
for
use
8
as
a
signaling,
pyrotechnic,
line-throwing,
safety,
or
similar
9
device,
or
a
firearm
which
is
unserviceable
by
reason
of
being
10
unable
to
discharge
a
shot
by
means
of
an
explosive
and
is
11
incapable
of
being
readily
restored
to
a
firing
condition.
12
c.
The
person
acquiring
the
pistol
or
revolver
is
authorized
13
to
do
so
on
behalf
of
a
law
enforcement
agency.
14
d.
The
person
has
obtained
a
valid
permit
to
carry
weapons,
15
as
provided
in
section
724.11
.
16
e.
The
person
transferring
the
pistol
or
revolver
and
the
17
person
acquiring
the
pistol
or
revolver
are
related
to
one
18
another
within
the
second
degree
of
consanguinity
or
affinity
19
unless
the
person
transferring
the
pistol
or
revolver
knows
20
that
the
person
acquiring
the
pistol
or
revolver
would
be
21
disqualified
from
obtaining
a
permit.
22
3.
b.
The
permit
to
acquire
pistols
or
revolvers
shall
23
authorize
the
permit
holder
to
acquire
one
or
more
pistols
or
24
revolvers
during
the
period
that
the
permit
remains
valid.
If
25
the
issuing
officer
determines
that
the
applicant
has
become
26
disqualified
under
the
provisions
of
subsection
1
paragraph
27
“a”
,
the
issuing
officer
may
immediately
revoke
the
permit
28
and
shall
provide
a
written
statement
of
the
reasons
for
29
revocation,
and
the
applicant
shall
have
the
right
to
appeal
30
the
revocation
as
provided
in
section
724.21A
.
31
4.
c.
An
issuing
officer
who
finds
that
a
person
issued
32
a
permit
to
acquire
pistols
or
revolvers
under
this
chapter
33
has
been
arrested
for
a
disqualifying
offense
or
who
is
34
the
subject
of
proceedings
that
could
lead
to
the
person’s
35
-4-
LSB
2066YH
(9)
88
mo/rh
4/
10
H.F.
385
ineligibility
for
such
permit
may
immediately
suspend
such
1
permit.
An
issuing
officer
proceeding
under
this
subsection
2
shall
immediately
notify
the
permit
holder
of
the
suspension
3
by
personal
service
or
certified
mail
on
a
form
prescribed
4
and
published
by
the
commissioner
of
public
safety
and
the
5
suspension
shall
become
effective
upon
the
permit
holder’s
6
receipt
of
such
notice.
If
the
suspension
is
based
on
an
7
arrest
or
a
proceeding
that
does
not
result
in
a
disqualifying
8
conviction
or
finding
against
the
permit
holder,
the
issuing
9
officer
shall
immediately
reinstate
the
permit
upon
receipt
10
of
proof
of
the
matter’s
final
disposition.
If
the
arrest
11
leads
to
a
disqualifying
conviction
or
the
proceedings
to
a
12
disqualifying
finding,
the
issuing
officer
shall
revoke
the
13
permit.
The
issuing
officer
may
also
revoke
the
permit
of
a
14
person
whom
the
issuing
officer
later
finds
was
not
qualified
15
for
such
a
permit
at
the
time
of
issuance
or
who
the
officer
16
finds
provided
materially
false
information
on
the
permit
17
application.
A
person
aggrieved
by
a
suspension
or
revocation
18
under
this
subsection
may
seek
review
of
the
decision
pursuant
19
to
section
724.21A
.
20
Sec.
7.
Section
724.16,
Code
2019,
is
amended
to
read
as
21
follows:
22
724.16
Permit
to
acquire
required
——
transfer
prohibited
23
Pistols
and
revolvers
——
acquiring
and
transferring
prohibitions
.
24
1.
Except
as
otherwise
provided
in
section
724.15,
25
subsection
2
,
a
A
person
who
acquires
ownership
of
a
pistol
or
26
revolver
without
a
valid
permit
to
acquire
pistols
or
revolvers
27
or
a
person
who
transfers
ownership
of
a
pistol
or
revolver
28
to
a
person
who
does
not
have
in
the
person’s
possession
a
29
valid
permit
to
acquire
pistols
or
revolvers
from
a
federally
30
licensed
firearms
dealer
in
violation
of
section
724.15,
31
subsection
1,
is
guilty
of
an
aggravated
misdemeanor.
32
2.
A
person
who
transfers
Prior
to
transferring
ownership
33
of
a
pistol
or
revolver
to
a
person
that
the
transferor
knows
34
is
prohibited
by
section
724.15
from
acquiring
ownership
of
35
-5-
LSB
2066YH
(9)
88
mo/rh
5/
10
H.F.
385
a
pistol
or
revolver
,
the
transferor
shall
verify
that
the
1
transferee
has
passed
a
background
check
with
the
national
2
instant
criminal
background
check
system
maintained
by
the
3
federal
bureau
of
investigation
or
any
successor
agency.
A
4
person
who
transfers
ownership
of
a
pistol
or
revolver
in
5
violation
of
this
subsection
commits
a
class
“D”
felony.
This
6
subsection
shall
not
apply
to
any
of
the
following:
7
a.
The
person
transferring
the
pistol
or
revolver
and
the
8
person
acquiring
the
pistol
or
revolver
are
related
to
one
9
another
within
the
second
degree
of
consanguinity
or
affinity.
10
b.
The
person
transferring
the
pistol
or
revolver
and
the
11
person
acquiring
the
pistol
or
revolver
are
licensed
firearms
12
dealers
under
federal
law.
13
c.
The
pistol
or
revolver
acquired
is
an
antique
firearm,
a
14
collector’s
item,
a
device
which
is
not
designed
or
redesigned
15
for
use
as
a
weapon,
a
device
which
is
designed
solely
for
use
16
as
a
signaling
pyrotechnic,
line-throwing,
safety,
or
similar
17
device,
or
a
firearm
which
is
unserviceable
by
reason
of
being
18
unable
to
discharge
a
shot
by
means
of
an
explosive
and
is
19
incapable
of
being
readily
restored
to
a
firing
condition.
20
d.
The
person
acquiring
the
pistol
or
revolver
is
authorized
21
to
do
so
on
behalf
of
a
law
enforcement
agency.
22
e.
The
person
acquiring
the
pistol
or
revolver
has
obtained
23
a
valid
permit
to
carry
weapons,
pursuant
to
section
724.11
24
or
a
valid
permit
to
acquire
pistols
or
revolvers
pursuant
to
25
section
724.15,
subsection
2,
paragraph
“a”
.
26
Sec.
8.
Section
724.21,
Code
2019,
is
amended
to
read
as
27
follows:
28
724.21
Giving
false
information
when
acquiring
pistol
or
29
revolver.
30
A
person
who
gives
a
false
name
or
presents
false
31
identification,
or
otherwise
knowingly
gives
false
material
32
information
to
one
from
whom
the
person
seeks
to
acquire
a
33
pistol
or
revolver,
commits
a
class
“D”
“C”
felony.
34
Sec.
9.
Section
724.27,
subsection
1,
unnumbered
paragraph
35
-6-
LSB
2066YH
(9)
88
mo/rh
6/
10
H.F.
385
1,
Code
2019,
is
amended
to
read
as
follows:
1
The
provisions
of
section
724.8
,
section
724.15,
subsection
2
1
2,
paragraph
“a”
,
and
section
724.26
shall
not
apply
to
3
a
person
who
is
eligible
to
have
the
person’s
civil
rights
4
regarding
firearms
restored
under
section
914.7
if
any
of
the
5
following
occur:
6
DIVISION
III
7
EFFECTIVE
DATE
8
Sec.
10.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
9
of
immediate
importance,
takes
effect
upon
enactment.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
the
carrying
and
possession
of
weapons
14
and
the
acquiring
of
pistols
and
revolvers.
15
DIVISION
I
——
CARRYING
AND
POSSESSING
WEAPONS.
The
bill
16
strikes
Code
section
724.4
relating
to
the
crime
of
carrying
17
dangerous
weapons,
an
aggravated
misdemeanor,
without
a
valid
18
permit
or
in
other
enumerated
circumstances.
Instead,
the
19
bill
amends
the
crime
of
going
armed
with
a
knife
in
the
20
commission
of
a
crime,
an
aggravated
misdemeanor.
The
bill
21
amends
Code
section
232.52(2),
by
allowing
a
juvenile
court
to
22
enter
a
dispositional
order
suspending
or
revoking
a
child’s
23
driver’s
license
or
operating
privilege
where
the
child
commits
24
a
delinquent
act
in
violation
of
Code
section
724.4
and
the
25
commission
of
the
delinquent
act
is
on
school
grounds.
The
26
bill
also
makes
conforming
changes
to
Code
section
724.4B,
27
relating
to
the
carrying
of
weapons
on
school
grounds,
by
28
specifically
identifying
certain
categories
of
persons
who
29
are
authorized
to
carry
weapons
on
school
grounds
that
were
30
previously
identified
by
reference
to
Code
section
724.4(4),
31
paragraphs
“b”
through
“f”
or
“j,”
however,
the
bill
modifies
32
paragraphs
“e”
and
“f”
by
referring
to
an
unloaded
pistol,
33
revolver,
or
other
firearm.
34
The
bill
adds
a
new
category
of
persons
who
are
authorized
35
-7-
LSB
2066YH
(9)
88
mo/rh
7/
10
H.F.
385
to
carry
certain
weapons
on
school
grounds.
The
bill
provides
1
that
a
person
does
not
commit
the
criminal
offense
of
carrying
2
firearms
on
school
grounds
in
violation
of
Code
section
3
724.4B
if
the
person
goes
armed
with,
carries,
or
transports
a
4
concealed
pistol
or
revolver
and
possesses
a
valid
permit
to
5
carry
weapons
while
remaining
on
the
portion
of
the
grounds
6
that
comprise
the
driveways,
parking
lots,
and
sidewalks
of
a
7
school.
The
bill
also
provides
that
a
school
is
immune
from
8
any
claim,
cause
of
action,
or
lawsuit
seeking
damages
alleged
9
as
a
result
of
a
concealed
pistol
or
revolver
brought
onto
the
10
grounds
of
the
school
by
a
person
possessing
a
valid
permit
to
11
carry
weapons
who
remains
on
the
portion
of
the
grounds
that
12
comprise
the
driveways,
parking
lots,
and
sidewalks
of
the
13
school.
14
The
bill
strikes
Code
section
724.5
relating
to
a
person’s
15
duty
to
carry
a
valid
permit
to
carry
certain
weapons
for
16
which
a
permit
has
been
issued
to
the
person
and
replaces
that
17
Code
section
with
a
provision
stating
that
the
availability
18
of
a
professional
or
nonprofessional
permit
to
carry
weapons
19
shall
not
be
construed
to
impose
a
general
prohibition
on
the
20
unlicensed
carrying
of
a
deadly
weapon
including
a
loaded
21
firearm.
22
DIVISION
II
——
ACQUIRING
PISTOLS
AND
REVOLVERS
AND
23
PROHIBITED
TRANSFERS.
Code
section
724.15
currently
provides
24
that
any
person
who
intends
to
purchase
a
pistol
or
revolver
25
is
required
to
first
obtain
a
permit
to
acquire
pistols
or
26
revolvers
unless
the
person
is
otherwise
exempt
from
obtaining
27
such
a
permit.
The
bill
strikes
this
requirement
and
provides
28
that
a
person
may
still
apply
and
obtain
a
permit
to
acquire
29
ownership
of
pistols
or
revolvers.
The
bill
also
provides
30
that
to
acquire
a
pistol
or
revolver
from
a
federally
licensed
31
firearms
dealer,
a
person
is
required
to
have
a
valid
permit
to
32
carry
weapons
or
a
valid
permit
to
acquire
pistols
or
revolvers
33
issued
in
accordance
with
Code
chapter
724,
or
the
person
must
34
complete
a
satisfactory
national
instant
criminal
background
35
-8-
LSB
2066YH
(9)
88
mo/rh
8/
10
H.F.
385
check
pursuant
to
18
U.S.C.
§922(t)(3).
1
The
bill
provides
that
a
person
who
acquires
ownership
of
a
2
pistol
or
revolver
from
a
federally
licensed
firearms
dealer
3
in
violation
of
Code
section
724.15
is
guilty
of
an
aggravated
4
misdemeanor.
The
bill
amends
Code
section
724.16(2)
by
5
providing
that
if,
prior
to
any
person
transferring
ownership
6
of
a
pistol
or
revolver
to
another
person,
the
transferor
fails
7
to
verify
that
the
transferee
has
passed
a
background
check
8
with
the
national
instant
criminal
background
check
system,
the
9
transferor
commits
a
class
“D”
felony.
The
background
check
10
required
pursuant
to
Code
section
724.16
does
not
apply
if
the
11
transferor
and
transferee
are
related
to
one
another
within
the
12
second
degree
of
consanguinity
or
affinity;
the
transferor
and
13
transferee
are
licensed
firearms
dealers
under
federal
law;
the
14
pistol
or
revolver
is
an
antique
firearm,
collector’s
item,
not
15
designed
for
use
as
a
weapon,
or
unserviceable;
the
transferee
16
acquiring
the
pistol
or
revolver
is
authorized
on
behalf
of
a
17
law
enforcement
agency;
or
the
transferee
has
obtained
a
valid
18
permit
to
carry
weapons
or
a
valid
permit
to
acquire
pistols
19
or
revolvers.
20
The
bill
amends
Code
section
724.21
by
increasing
the
21
penalty
for
a
person
who
gives
a
false
name
or
presents
false
22
identification
or
who
otherwise
knowingly
gives
false
material
23
information
to
one
from
whom
the
person
seeks
to
acquire
a
24
pistol
or
revolver
from
a
class
“D”
felony
to
a
class
“C”
25
felony.
26
The
bill
provides
a
conforming
change
to
Code
section
724.27
27
(offenders’
rights
restored).
28
As
referenced
in
the
bill,
an
aggravated
misdemeanor
is
29
punishable
by
confinement
for
no
more
than
two
years
and
a
fine
30
of
at
least
$625
but
not
more
than
$6,250,
a
class
“D”
felony
31
is
punishable
by
confinement
for
no
more
than
five
years
and
a
32
fine
of
at
least
$750
but
not
more
than
$7,500,
and
a
class
“C”
33
felony
is
punishable
by
confinement
for
no
more
than
10
years
34
and
a
fine
of
at
least
$1,000
but
not
more
than
$10,000.
35
-9-
LSB
2066YH
(9)
88
mo/rh
9/
10
