Senate File 400 - Introduced
SENATE FILE
BY BERTRAND, ANDERSON,
SHIPLEY, CHELGREN,
WHITVER, JOHNSON,
GUTH, KAPUCIAN,
ROZENBOOM, SEGEBART,
SCHULTZ, ZUMBACH,
BREITBACH, BEHN,
SINCLAIR, COSTELLO,
and DIX
A BILL FOR
1 An Act relating to the carrying and possession of weapons and
2 providing penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 232.52, subsection 2, paragraph a,
1 2 subparagraph (4), subparagraph division (a), subparagraph
1 3 subdivision (viii), Code 2015, is amended to read as follows:
1 4 (viii) Section 724.4, if the child carried the dangerous
1 5 weapon used the knife in the commission of a crime on school
1 6 grounds.
1 7 Sec. 2. Section 708.8, Code 2015, is amended to read as
1 8 follows:
1 9 708.8 Going armed with intent.
1 10 A person who goes armed with any dangerous weapon with the
1 11 intent to use without justification such weapon against the
1 12 person of another commits a class "D" felony. The intent
1 13 required for a violation of this section shall not be inferred
1 14 from the mere carrying or concealment of any dangerous weapon
1 15 itself, including the carrying of a loaded firearm, whether in
1 16 a vehicle or on or about a person's body.
1 17 Sec. 3. Section 724.4, Code 2015, is amended by striking the
1 18 section and inserting in lieu thereof the following:
1 19 724.4 Use of a knife in the commission of a crime.
1 20 A person who goes armed with a knife on or about the person,
1 21 if the person uses the knife in the commission of a crime,
1 22 commits an aggravated misdemeanor.
1 23 Sec. 4. Section 724.4B, Code 2015, is amended by striking
1 24 the section and inserting in lieu thereof the following:
1 25 724.4B Carrying weapons on school grounds ==== penalty ====
1 26 exceptions.
1 27 1. A person who goes armed with, carries, or transports a
1 28 firearm of any kind, whether concealed or not, on the grounds
1 29 of a school commits a class "D" felony. For the purposes of
1 30 this section, "school" means a public or nonpublic school as
1 31 defined in section 280.2.
1 32 2. Subsection 1 does not apply to the following:
1 33 a. A person who has been specifically authorized by the
1 34 school to go armed with, carry, or transport a firearm on the
1 35 school grounds for any lawful purpose.
2 1 b. A peace officer, when the officer's duties require the
2 2 person to carry such weapons.
2 3 c. A member of the armed forces of the United States or
2 4 of the national guard or person in the service of the United
2 5 States, when the weapons are carried in connection with the
2 6 person's duties as such.
2 7 d. A correctional officer, when the officer's duties
2 8 require, serving under the authority of the Iowa department of
2 9 corrections.
2 10 e. A person who for any lawful purpose carries an unloaded
2 11 pistol, revolver, or other dangerous weapon inside a closed and
2 12 fastened container or securely wrapped package which is too
2 13 large to be concealed on the person.
2 14 f. A person who for any lawful purpose carries or transports
2 15 an unloaded pistol or revolver in a vehicle inside a closed
2 16 and fastened container or securely wrapped package which is
2 17 too large to be concealed on the person or inside a cargo
2 18 or luggage compartment where the pistol or revolver will not
2 19 be readily accessible to any person riding in the vehicle or
2 20 common carrier.
2 21 g. A law enforcement officer from another state when the
2 22 officer's duties require the officer to carry the weapon and
2 23 the officer is in this state for any of the following reasons:
2 24 (1) The extradition or other lawful removal of a prisoner
2 25 from this state.
2 26 (2) Pursuit of a suspect in compliance with chapter 806.
2 27 (3) Activities in the capacity of a law enforcement officer
2 28 with the knowledge and consent of the chief of police of the
2 29 city or the sheriff of the county in which the activities occur
2 30 or of the commissioner of public safety.
2 31 Sec. 5. Section 724.4C, Code 2015, is amended to read as
2 32 follows:
2 33 724.4C Possession or carrying of firearms while under the
2 34 influence.
2 35 1. A permit issued under this chapter is invalid if the
3 1 Except as provided in subsection 2, a person to whom the permit
3 2 is issued is commits a serious misdemeanor if the person
3 3 is intoxicated as provided under the conditions set out in
3 4 section 321J.2, subsection 1., and the person does any of the
3 5 following:
3 6 a. Carries a dangerous weapon on or about the person.
3 7 b. Carries a weapon within the person's immediate access or
3 8 reach while in a vehicle.
3 9 2. This section shall not apply to any of the following:
3 10 a. A person who carries or possesses a dangerous weapon
3 11 while in the person's own dwelling, place of business, or on
3 12 land owned or lawfully possessed by the person.
3 13 b. The transitory possession or use of a firearm during
3 14 an act of justified self=defense or justified defense of
3 15 another, provided that the possession lasts no longer than is
3 16 immediately necessary to resolve the emergency.
3 17 Sec. 6. Section 724.5, Code 2015, is amended by striking the
3 18 section and inserting in lieu thereof the following:
3 19 724.5 Availability of permit not to be construed as
3 20 prohibition on unlicensed carrying of weapons.
3 21 The availability of a professional or nonprofessional permit
3 22 to carry weapons under this chapter shall not be construed
3 23 to impose a general prohibition on the unlicensed carrying,
3 24 whether openly or concealed, of a deadly weapon, including a
3 25 loaded firearm.
3 26 EXPLANATION
3 27 The inclusion of this explanation does not constitute agreement with
3 28 the explanation's substance by the members of the general assembly.
3 29 This bill relates to the carrying and possession of weapons
3 30 and provides penalties.
3 31 The bill amends Code section 708.8, the crime of going armed
3 32 with a dangerous weapon with intent, a class "D" felony, to
3 33 provide that the intent element required for a violation of
3 34 this crime shall not be inferred from the mere carrying or
3 35 concealment of a dangerous weapon.
4 1 The bill strikes Code section 724.4 relating to the crime of
4 2 carrying dangerous weapons, an aggravated misdemeanor, without
4 3 a valid permit or in other enumerated circumstances. Instead,
4 4 the bill section creates a new crime of going armed with a
4 5 knife in the commission of a crime, an aggravated misdemeanor.
4 6 The bill makes a conforming change to Code section 232.52,
4 7 subsection 2, relating to the suspension or revocation of a
4 8 juvenile's driver's license or operating privilege. The bill
4 9 also makes a conforming Code change to Code section 724.4B,
4 10 relating to the carrying of weapons on school grounds, to
4 11 specifically include certain categories of persons who are
4 12 authorized to carry weapons on school grounds.
4 13 The bill amends Code section 724.4C relating to the crime of
4 14 possession or carrying of firearms while under the influence
4 15 of alcohol or a drug. Current law invalidates a permit to
4 16 carry weapons if the person to whom the permit is issued is
4 17 intoxicated, as defined in Code section 321J.2, subsection 1
4 18 (while under the influence of an alcoholic beverage or other
4 19 drug or a combination of such substances, while having an
4 20 alcohol concentration of .08 or more, or while any amount of a
4 21 controlled substance is present in the person, as measured in
4 22 the person's blood or urine). The bill amends this provision
4 23 to provide that a person commits a serious misdemeanor if
4 24 the person is intoxicated and the person either carries a
4 25 dangerous weapon on or about the person or carries a dangerous
4 26 weapon within the person's immediate access or reach while in
4 27 a vehicle. This crime does not apply to situations where a
4 28 person carries or possesses a dangerous weapon while in the
4 29 person's own dwelling, place of business, or on the person's
4 30 land, and the transitory possession or use of a firearm during
4 31 an act of justified self=defense or justified defense of
4 32 another, if the possession of the firearm lasts no longer than
4 33 immediately necessary to resolve the emergency.
4 34 The bill strikes Code section 724.5 relating to a person's
4 35 duty to carry a valid permit to carry certain weapons for
5 1 which a permit has been issued to the person and replaces that
5 2 Code section with a provision stating that the availability
5 3 of a professional or nonprofessional permit to carry weapons
5 4 shall not be construed to impose a general prohibition on the
5 5 unlicensed carrying of a deadly weapon including a loaded
5 6 firearm.
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