Bill Text: IA HF654 | 2023-2024 | 90th General Assembly | Amended
Bill Title: A bill for an act relating to the carrying, transportation, and possession of and educational programs about weapons, and including effective date provisions. (Formerly HSB 173.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2023-06-05 - Referred to Judiciary. S.J. 1092. [HF654 Detail]
Download: Iowa-2023-HF654-Amended.html
House
File
654
-
Reprinted
HOUSE
FILE
654
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
173)
(COMPANION
TO
LSB
1405SV
BY
COMMITTEE
ON
JUDICIARY)
(As
Amended
and
Passed
by
the
House
April
12,
2023
)
A
BILL
FOR
An
Act
relating
to
the
carrying,
transportation,
and
possession
1
of
and
educational
programs
about
weapons,
and
including
2
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
HF
654
(3)
90
js/rh/md
H.F.
654
DIVISION
I
1
FIREARMS,
AMMUNITION,
OR
DANGEROUS
WEAPONS
——
DEPARTMENT
2
OF
CORRECTIONS
AND
OTHER
DETENTION
FACILITIES
——
PUBLICLY
3
ACCESSIBLE
PARKING
LOTS
4
Section
1.
Section
719.7,
subsection
3,
paragraph
a,
Code
5
2023,
is
amended
to
read
as
follows:
6
a.
Knowingly
introduces
contraband
into,
or
onto,
the
7
grounds
of
a
secure
facility
for
the
detention
or
custody
8
of
juveniles,
detention
facility,
jail,
community-based
9
correctional
facility,
correctional
institution,
or
institution
10
under
the
management
of
the
department
of
corrections.
This
11
paragraph
does
not
prohibit
the
otherwise
lawful
carrying,
12
transportation,
or
possession
of
a
firearm
or
ammunition
if
13
the
firearm
or
ammunition
remains
out
of
sight
and
inside
a
14
locked
vehicle
on
the
real
property
comprising
the
publicly
15
accessible,
nonsecure
parking
lot
of
the
facility,
jail,
or
16
institution.
17
Sec.
2.
NEW
SECTION
.
724.4F
Dangerous
weapons
in
publicly
18
accessible
parking
lots.
19
1.
A
person
may
carry,
transport,
or
possess
a
dangerous
20
weapon
in
a
privately
owned
motor
vehicle
on
the
real
property
21
comprising
a
publicly
accessible,
nonsecure
parking
lot
that
22
is
operated
by
the
state
or
a
county,
city,
or
township
in
the
23
state
if
the
carrying,
transportation,
or
possession
of
the
24
dangerous
weapon
is
otherwise
lawful
under
the
laws
of
this
25
state
and
if
the
dangerous
weapon
remains
out
of
sight
and
26
inside
a
locked
vehicle
on
the
real
property
when
the
vehicle
27
is
unoccupied.
28
2.
This
section
does
not
apply
to
a
parking
lot
at
a
29
facility,
including
an
armory,
owned
or
operated
by
the
30
national
guard.
31
3.
For
purposes
of
this
section,
“facility”
and
“national
32
guard”
mean
the
same
as
defined
in
section
29A.1.
33
Sec.
3.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
34
deemed
of
immediate
importance,
takes
effect
upon
enactment.
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DIVISION
II
1
FIREARMS
IN
VEHICLES
TRANSPORTING
FOSTER
CHILDREN
2
Sec.
4.
Section
237.3,
Code
2023,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
11.
Rules
of
the
department
shall
not
5
prohibit
the
otherwise
lawful
carrying,
transportation,
or
6
possession
of
a
firearm,
regardless
of
whether
the
firearm
is
7
loaded,
in
motor
vehicles
used
to
transport
a
child
in
foster
8
care.
9
DIVISION
III
10
FIREARMS
ON
SCHOOL
PROPERTY
11
Sec.
5.
NEW
SECTION
.
285.17
Weapons
in
school
vehicles
12
transporting
pupils.
13
When
transportation
is
provided
pursuant
to
this
chapter,
14
a
driver
shall
not
permit
firearms
or
other
weapons,
nor
15
ammunition,
to
be
carried
in
the
passenger
compartment
of
any
16
school
vehicle
transporting
pupils
except
when
the
school
17
district
or
nonpublic
school
authorizes
or
directs
a
person
18
to
carry,
transport,
or
possess
a
firearm,
other
weapon,
or
19
ammunition
in
the
school
vehicle.
20
Sec.
6.
Section
724.4B,
subsection
2,
Code
2023,
is
amended
21
by
adding
the
following
new
paragraphs:
22
NEW
PARAGRAPH
.
i.
A
person,
whether
a
driver
or
passenger
23
and
including
a
person
authorized
or
directed
pursuant
to
24
section
285.17,
while
the
person
is
dropping
off
or
picking
25
up
from
a
school
a
student,
staff
member,
or
other
person
26
having
business
at
the
school,
or
while
the
person
is
making
27
a
delivery
or
pickup
at
a
school,
who
has
in
the
person’s
28
possession
a
valid
permit
to
carry
weapons
issued
pursuant
29
to
section
724.7,
while
going
armed
with,
carrying,
or
30
transporting
a
concealed
pistol
or
revolver
if
the
concealed
31
pistol
or
revolver
remains
in
the
vehicle
and
the
vehicle
32
remains
on
the
portion
of
the
grounds
of
the
school
that
33
comprises
its
driveways
and
parking
areas.
The
vehicle
shall
34
be
locked
when
unattended.
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NEW
PARAGRAPH
.
j.
A
person
who
can
provide
proof
of
1
satisfying
the
requirements
of
18
U.S.C.
§926C.
2
Sec.
7.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
3
deemed
of
immediate
importance,
takes
effect
upon
enactment.
4
DIVISION
IV
5
FIREARM
SAFETY
INSTRUCTION
PROGRAM
IN
SCHOOLS
6
Sec.
8.
Section
256.9,
Code
2023,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
66.
a.
By
July
1,
2024,
develop
and
9
distribute
to
all
school
districts
an
age-appropriate
model
10
program
for
firearm
safety
instruction
for
pupils
enrolled
11
in
kindergarten
through
grade
twelve.
The
model
program
for
12
pupils
enrolled
in
kindergarten
through
grade
six
shall
be
13
based
on
the
eddie
eagle
gunsafe
program
developed
by
the
14
national
rifle
association.
The
model
program
for
pupils
15
enrolled
in
grades
seven
through
twelve
shall
be
based
on
16
the
hunter
education
course
developed
by
the
national
rifle
17
association
and,
if
adopted
by
a
school
district,
would
satisfy
18
the
school
district’s
responsibilities
under
section
279.50B.
19
b.
School
districts
are
encouraged
to
implement
the
model
20
program
for
pupils
enrolled
in
kindergarten
through
grade
six
21
developed
pursuant
to
paragraph
“a”
.
22
Sec.
9.
NEW
SECTION
.
279.50B
Firearm
safety
instruction.
23
Each
public
school
district
shall
offer
or
make
available
24
an
approved
firearm
safety
instruction
course
to
all
students
25
enrolled
in
grades
seven
through
twelve
residing
in
the
school
26
district
or
students
enrolled
in
grades
seven
through
twelve
27
attending
a
nonpublic
school
in
the
district.
An
instructor
28
for
an
approved
firearm
safety
instruction
course
is
not
29
required
to
be
a
teacher
licensed
by
the
board
of
educational
30
examiners.
Courses
may
be
offered
at
sites
other
than
at
the
31
public
school,
including
nonpublic
school
facilities
within
the
32
public
school
districts.
An
approved
course
offered
during
the
33
summer
months,
on
Saturdays,
after
regular
school
hours
during
34
the
regular
terms
or
partly
in
one
term
or
summer
vacation
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period
and
partly
in
the
succeeding
term
or
summer
vacation
1
period,
as
the
case
may
be,
shall
satisfy
the
requirements
of
2
this
section
to
the
same
extent
as
an
approved
course
offered
3
during
the
regular
school
hours
of
the
school
term.
4
DIVISION
V
5
DANGEROUS
WEAPONS
IN
VEHICLES
AT
REGENTS
UNIVERSITIES
AND
6
COMMUNITY
COLLEGE
CAMPUSES
7
Sec.
10.
NEW
SECTION
.
260C.14B
Limitation
on
authority
——
8
dangerous
weapons.
9
The
board
of
directors
of
a
community
college
shall
comply
10
with
the
requirements
of
section
724.8C
regarding
policies
and
11
rules
relating
to
the
carrying,
transportation,
or
possession
12
of
dangerous
weapons,
as
defined
in
section
702.7,
in
a
13
personal
vehicle
on
the
grounds
of
the
community
college.
14
Sec.
11.
NEW
SECTION
.
262.9E
Limitation
on
authority
——
15
dangerous
weapons.
16
The
state
board
of
regents
shall
comply
with
the
17
requirements
of
section
724.8C
regarding
policies
and
rules
18
relating
to
the
carrying,
transportation,
or
possession
of
19
dangerous
weapons,
as
defined
in
section
702.7,
in
a
personal
20
vehicle
on
the
grounds
of
a
university
under
the
control
of
the
21
state
board
of
regents.
22
Sec.
12.
NEW
SECTION
.
724.8C
Limitation
on
authority
——
23
dangerous
weapons
——
public
universities
and
community
colleges.
24
1.
The
governing
board
of
a
university
under
the
control
25
of
the
state
board
of
regents
as
provided
in
chapter
262
26
or
a
community
college
under
the
jurisdiction
of
a
board
27
of
directors
for
a
merged
area
as
provided
in
chapter
260C
28
shall
not
adopt
or
enforce
any
policy
or
rule
that
prohibits
29
the
carrying,
transportation,
or
possession
of
any
dangerous
30
weapon,
as
defined
in
section
702.7,
in
a
locked,
personal
31
vehicle
on
the
grounds
of
such
a
college
or
university
if
the
32
dangerous
weapon
is
not
visible
from
outside
of
the
vehicle
33
and
such
carrying,
transportation,
or
possession
is
not
34
otherwise
prohibited
under
this
chapter.
A
governing
board
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of
a
university
or
community
college
shall
be
immune
from
1
any
claim,
cause
of
action,
or
lawsuit
by
a
person
seeking
2
damages
that
are
alleged,
directly
or
indirectly,
as
a
result
3
of
any
concealed
dangerous
weapon
brought
onto
the
grounds
of
4
a
university
or
college
campus
by
a
person
pursuant
to
this
5
section.
6
2.
Subsection
1
does
not
apply
to
any
of
the
following:
7
a.
A
peace
officer
or
other
law
enforcement
officer
who
is
8
required
to
carry
weapons.
9
b.
A
person
specifically
authorized
in
advance
in
writing
10
by
the
president
of
the
university
or
community
college
11
to
possess,
display,
or
use
a
weapon
on
the
university
or
12
community
college
property
for
a
limited
purpose
consistent
13
with
the
university’s
or
community
college’s
mission.
Such
14
purposes
include
providing
campus
security,
including
armed
15
security
staff,
and
the
use
and
storage
of
weapons
as
part
16
of
the
university’s
or
community
college’s
criminal
justice
17
program
or
competitive
sports
shooting
program
sponsored
by
the
18
university
or
community
college.
19
c.
The
possession
and
use
of
knives
for
the
purpose
of
20
cooking
in
housing
provided
or
sponsored
by
the
university
21
or
college
or
in
the
university’s
or
college’s
culinary
arts
22
program.
23
DIVISION
VI
24
INSURANCE
COVERAGE
——
FIREARMS
ON
SCHOOL
GROUNDS
25
Sec.
13.
NEW
SECTION
.
515.80
Nondenial
of
property
and
26
casualty
insurance
——
schools.
27
1.
For
purposes
of
this
section,
unless
the
context
28
otherwise
requires:
29
a.
“Authorized
insurer”
means
an
insurer
authorized
by
30
the
commissioner
of
insurance
to
write
property
and
casualty
31
insurance
under
a
certificate
of
authority
issued
by
the
32
commissioner
to
transact
insurance
in
this
state.
33
b.
“School”
means
a
public
or
nonpublic
school
as
defined
34
in
section
280.2.
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2.
No
later
than
December
31,
2023,
the
commissioner
of
1
insurance
shall
adopt
rules
that
prohibit
an
authorized
insurer
2
from
denying
property
and
casualty
insurance
to
a
school
3
based
solely
on
the
presence
of
a
person
authorized
under
4
section
724.4B,
subsection
2,
going
armed
with,
carrying,
or
5
transporting
a
firearm
on
the
grounds
of
a
school.
6
3.
The
rules
adopted
by
the
commissioner
of
insurance
under
7
subsection
2
shall
apply
to
all
authorized
insurers
that,
on
or
8
after
January
1,
2024,
deliver,
issue
for
delivery,
continue,
9
or
renew
a
property
and
casualty
contract
in
this
state
for
a
10
school.
11
DIVISION
VII
12
GUNS
IN
VEHICLES
ON
PUBLIC
HIGHWAYS
13
Sec.
14.
Section
805.8B,
subsection
3,
paragraph
q,
Code
14
2023,
is
amended
by
striking
the
paragraph.
15
Sec.
15.
REPEAL.
Section
483A.36,
Code
2023,
is
repealed.
16
Sec.
16.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
17
deemed
of
immediate
importance,
takes
effect
upon
enactment.
18
DIVISION
VIII
19
CARRYING
FIREARMS
ON
SNOWMOBILES
AND
ALL-TERRAIN
VEHICLES
20
Sec.
17.
Section
321G.13,
subsection
2,
Code
2023,
is
21
amended
to
read
as
follows:
22
2.
a.
A
person
shall
not
operate
or
ride
a
snowmobile
with
23
a
firearm
in
the
person’s
possession
unless
it
is
unloaded
and
24
enclosed
in
a
carrying
case,
except
as
otherwise
provided.
25
However,
a
nonambulatory
person
may
carry
an
uncased
and
26
unloaded
firearm
while
operating
or
riding
a
snowmobile.
27
b.
(1)
A
person
may
operate
or
ride
a
snowmobile
with
a
28
loaded
firearm,
whether
concealed
or
not,
without
a
permit
to
29
carry
weapons,
if
the
person
operates
or
rides
on
land
owned,
30
possessed,
or
rented
by
the
person
and
the
person’s
conduct
is
31
otherwise
lawful.
32
(2)
A
person
may
operate
or
ride
a
snowmobile
with
a
loaded
33
pistol
or
revolver,
whether
concealed
or
not,
if
the
person
is
34
operating
or
riding
the
snowmobile
on
land
that
is
not
owned,
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possessed,
or
rented
by
the
person,
and
the
person’s
conduct
is
1
otherwise
lawful.
2
c.
A
person
shall
not
discharge
a
firearm
while
on
a
3
snowmobile,
except
that
a
nonambulatory
person
may
discharge
a
4
firearm
from
a
snowmobile
while
lawfully
hunting
if
the
person
5
is
not
operating
or
riding
a
moving
snowmobile.
6
Sec.
18.
Section
321I.14,
subsection
2,
Code
2023,
is
7
amended
to
read
as
follows:
8
2.
a.
A
person
shall
not
operate
or
ride
an
all-terrain
9
vehicle
with
a
firearm
in
the
person’s
possession
unless
it
is
10
unloaded
and
enclosed
in
a
carrying
case,
except
as
otherwise
11
provided.
However,
a
nonambulatory
person
may
carry
an
uncased
12
and
unloaded
firearm
while
operating
or
riding
an
all-terrain
13
vehicle.
14
b.
(1)
A
person
may
operate
or
ride
an
all-terrain
vehicle
15
with
a
loaded
firearm,
whether
concealed
or
not,
without
a
16
permit
to
carry
weapons,
if
the
person
operates
or
rides
on
17
land
owned,
possessed,
or
rented
by
the
person
and
the
person’s
18
conduct
is
otherwise
lawful.
19
(2)
A
person
may
operate
or
ride
an
all-terrain
vehicle
with
20
a
loaded
pistol
or
revolver,
whether
concealed
or
not,
if
the
21
person
is
operating
or
riding
the
all-terrain
vehicle
on
land
22
that
is
not
owned,
possessed,
or
rented
by
the
person,
and
the
23
person’s
conduct
is
otherwise
lawful.
24
c.
A
person
shall
not
discharge
a
firearm
while
on
an
25
all-terrain
vehicle,
except
that
a
nonambulatory
person
may
26
discharge
a
firearm
from
an
all-terrain
vehicle
while
lawfully
27
hunting
if
the
person
is
not
operating
or
riding
a
moving
28
all-terrain
vehicle.
29
Sec.
19.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
30
deemed
of
immediate
importance,
takes
effect
upon
enactment.
31
DIVISION
IX
32
FIREARMS
ON
PROPERTIES
LICENSED
TO
CONDUCT
GAMBLING
GAMES
OR
33
SPORTS
WAGERING
34
Sec.
20.
NEW
SECTION
.
99D.7A
Limitations
on
rules.
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Rules
adopted
pursuant
to
section
99D.7
shall
not
prohibit
a
1
licensee
under
this
chapter
or
chapter
99F
from
authorizing
a
2
person
to
possess
a
firearm
on
the
licensee’s
property.
This
3
section
does
not
prohibit
a
licensee
from
adopting
a
policy
4
limiting
the
possession
of
firearms
on
the
licensee’s
property.
5
DIVISION
X
6
ELIGIBILITY
TO
CARRY
WEAPONS
7
Sec.
21.
Section
724.8B,
Code
2023,
is
amended
to
read
as
8
follows:
9
724.8B
Persons
ineligible
to
carry
dangerous
weapons.
10
1.
a.
A
person
determined
to
be
who
is
ineligible
to
11
receive
a
permit
to
carry
weapons
under
section
724.8,
12
subsection
2,
3,
4,
5,
or
6
,
a
person
who
illegally
possesses
a
13
controlled
substance
included
in
chapter
124,
subchapter
II
,
or
14
a
person
who
is
committing
an
indictable
offense
is
prohibited
15
from
carrying
dangerous
weapons.
16
b.
A
person
whose
most
recent
application
for
a
permit
17
to
carry
weapons
has
been
denied
due
to
the
person
being
18
ineligible
for
such
a
permit
under
section
724.8,
subsection
2
19
or
3,
is
prohibited
from
carrying
dangerous
weapons.
20
c.
A
person
whose
permit
to
carry
weapons
or
permit
to
21
acquire
pistols
and
revolvers
has
been
revoked
or
suspended
is
22
prohibited
from
carrying
dangerous
weapons
unless
or
until
the
23
person’s
permit
has
been
reinstated
or
the
person
has
applied
24
for
and
been
granted
a
new
permit
under
the
provisions
of
this
25
chapter.
26
d.
Unless
otherwise
provided
by
law,
a
person
who
violates
27
this
section
commits
a
serious
misdemeanor.
28
2.
This
section
shall
not
be
construed
to
prohibit
the
29
otherwise
lawful
possession,
transportation,
or
transfer
of
30
firearms
or
other
weapons.
31
3.
a.
This
section
shall
not
be
construed
to
prohibit
32
the
following
persons
from
conducting
activities
listed
in
33
paragraph
“b”
if
the
person
is
not
otherwise
prohibited
by
34
section
724.26,
federal
law,
or
a
court
order
from
shipping,
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transporting,
possessing,
or
receiving
a
firearm:
1
(1)
A
person
determined
to
be
ineligible
to
carry
dangerous
2
weapons
only
under
section
724.8,
subsection
5.
3
(2)
A
person
whose
permit
to
carry
weapons
or
permit
to
4
acquire
pistols
and
revolvers
has
been
suspended
or
revoked.
5
(3)
A
person
whose
application
for
a
permit
to
carry
weapons
6
or
a
permit
to
acquire
pistols
and
revolvers
has
been
denied.
7
b.
A
person
who,
pursuant
to
paragraph
“a”
,
is
not
8
prohibited
may
do
any
of
the
following:
9
(1)
Go
armed
with
a
dangerous
weapon
in
the
person’s
own
10
dwelling
or
place
of
business,
or
on
land
owned,
possessed,
or
11
rented
by
the
person.
12
(2)
For
any
lawful
purpose
carry
an
unloaded
pistol,
13
revolver,
or
other
firearm
inside
a
closed
and
fastened
14
container
or
securely
wrapped
package
that
is
too
large
to
be
15
concealed
on
the
person.
16
(3)
For
any
lawful
purpose
carry
or
transport
an
unloaded
17
pistol,
revolver,
or
other
firearm
in
a
vehicle
or
common
18
carrier
inside
a
closed
and
fastened
container
or
securely
19
wrapped
package
that
is
too
large
to
be
concealed
on
the
person
20
or
carry
or
transport
an
unloaded
pistol,
revolver,
or
other
21
firearm
inside
a
cargo
or
luggage
compartment
where
the
pistol,
22
revolver,
or
other
firearm
will
not
be
readily
accessible
to
23
any
person
riding
in
the
vehicle
or
common
carrier.
24
(4)
Carry
a
firearm
while
the
person
is
lawfully
engaged
in
25
target
practice
on
a
range
designed
for
that
purpose
or
while
26
actually
engaged
in
lawful
hunting.
27
(5)
Carry
a
knife,
bow,
crossbow,
or
other
implement
used
in
28
hunting
or
fishing,
while
actually
engaged
in
lawful
hunting
29
or
fishing.
30
(6)
For
any
lawful
purpose
carry
a
firearm
while
remaining
31
outside
the
limits
of
any
city
and
the
firearm
is
not
32
concealed.
33
(7)
For
any
lawful
purpose
carry
a
knife,
regardless
of
34
whether
the
knife
is
concealed,
if
the
length
of
the
blade
does
35
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not
exceed
five
inches.
1
Sec.
22.
Section
724.15,
subsection
2,
paragraph
d,
Code
2
2023,
is
amended
by
striking
the
paragraph.
3
Sec.
23.
Section
724.16,
subsections
1
and
2,
Code
2023,
are
4
amended
to
read
as
follows:
5
1.
A
person
shall
not
transfer
a
firearm
to
another
person
6
if
the
person
knows
or
reasonably
should
know
that
the
other
7
person
is
ineligible
to
possess
carry
dangerous
weapons
8
pursuant
to
section
724.8B
,
is
intoxicated
as
provided
under
9
the
conditions
set
out
in
section
321J.2,
subsection
1
,
or
is
10
prohibited
from
receiving
or
possessing
a
firearm
under
section
11
724.26
or
federal
law.
12
2.
A
person
shall
not
loan
or
rent
a
firearm
to
another
13
person
for
temporary
use
during
lawful
activities
if
the
14
person
knows
or
reasonably
should
know
that
the
other
person
15
is
ineligible
to
possess
carry
dangerous
weapons
pursuant
to
16
section
724.8B
,
is
intoxicated
as
provided
under
the
conditions
17
set
out
in
section
321J.2,
subsection
1
,
or
is
prohibited
from
18
receiving
or
possessing
a
firearm
under
section
724.26
or
19
federal
law.
20
Sec.
24.
REPEAL.
Section
724.31A,
Code
2023,
is
repealed.
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