House File 147 - Introduced
HOUSE FILE
BY SALMON, WHEELER,
HAGER, SHEETS, and
HOLT
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 2017, 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 2017, 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 2017, 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 and who uses the knife in the commission of a crime, commits an
1 22 aggravated misdemeanor.
1 23 Sec. 4. Section 724.4B, Code 2017, is amended by striking
1 24 the section and inserting in lieu thereof the following:
1 25 724.4B Carrying dangerous weapons on school grounds ====
1 26 penalty ==== exceptions.
1 27 1. A person who goes armed with, carries, or transports
1 28 a dangerous weapon of any kind, whether concealed or not, on
1 29 the grounds of a school commits a class "D" felony. For the
1 30 purposes of this section, "school" means a public or nonpublic
1 31 school as 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 dangerous weapon
1 35 on the school grounds for any lawful purpose.
2 1 b. A peace officer, when the officer's duties require the
2 2 person to carry a dangerous weapon.
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 dangerous weapon is carried in connection with
2 6 the person's duties as such.
2 7 d. A correctional officer, when the officer's duties require
2 8 the officer to carry a dangerous weapon, serving under the
2 9 authority of the Iowa department of 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 or common carrier
2 16 inside a closed and fastened container or securely wrapped
2 17 package which is too large to be concealed on the person or
2 18 carries or transports an unloaded pistol or revolver inside a
2 19 cargo or luggage compartment where the pistol or revolver will
2 20 not be readily accessible to any person riding in the vehicle
2 21 or common carrier.
2 22 g. A law enforcement officer from another state when the
2 23 officer's duties require the officer to carry a dangerous
2 24 weapon and the officer is in this state for any of the
2 25 following reasons:
2 26 (1) The extradition or other lawful removal of a prisoner
2 27 from this state.
2 28 (2) Pursuit of a suspect in compliance with chapter 806.
2 29 (3) Activities in the capacity of a law enforcement officer
2 30 with the knowledge and consent of the chief of police of the
2 31 city or the sheriff of the county in which the activities occur
2 32 or of the commissioner of public safety.
2 33 Sec. 5. Section 724.4C, Code 2017, is amended to read as
2 34 follows:
2 35 724.4C Possession or carrying of firearms dangerous weapons
3 1 while under the influence.
3 2 1. A permit issued under this chapter is invalid if the
3 3 Except as provided in subsection 2, a person to whom the permit
3 4 is issued is commits a serious misdemeanor if the person
3 5 is intoxicated as provided under the conditions set out in
3 6 section 321J.2, subsection 1., and the person does any of the
3 7 following:
3 8 a. Carries a dangerous weapon on or about the person.
3 9 b. Carries a dangerous weapon within the person's immediate
3 10 access or reach while in a vehicle.
3 11 2. This section shall not apply to any of the following:
3 12 a. A person who carries or possesses a dangerous weapon
3 13 while in the person's own dwelling, place of business, or on
3 14 land owned or lawfully possessed by the person.
3 15 b. The transitory possession or use of a dangerous weapon
3 16 during an act of justified self=defense or justified defense of
3 17 another, provided that the possession lasts no longer than is
3 18 immediately necessary to resolve the emergency.
3 19 Sec. 6. Section 724.5, Code 2017, is amended by striking the
3 20 section and inserting in lieu thereof the following:
3 21 724.5 Availability of permit not to be construed as
3 22 prohibition on unlicensed carrying of weapons.
3 23 The availability of a professional or nonprofessional permit
3 24 to carry weapons under this chapter shall not be construed
3 25 to impose a general prohibition on the unlicensed carrying,
3 26 whether openly or concealed, of a dangerous weapon, including
3 27 a loaded firearm.
3 28 EXPLANATION
3 29 The inclusion of this explanation does not constitute agreement with
3 30 the explanation's substance by the members of the general assembly.
3 31 This bill relates to the carrying and possession of weapons
3 32 and provides penalties.
3 33 The bill amends Code section 708.8, the crime of going
3 34 armed with a dangerous weapon with intent, a class "D" felony,
3 35 to provide that the intent element required for a violation
4 1 of this crime shall not be inferred from the mere carrying
4 2 or concealment of a dangerous weapon. "Dangerous weapon"
4 3 is defined in Code section 702.7 for purposes of use in the
4 4 criminal code.
4 5 The bill amends Code section 724.4 by striking the current
4 6 penalty for carrying dangerous weapons. Instead, the bill
4 7 creates a new crime of going armed with a knife in the
4 8 commission of a crime, an aggravated misdemeanor. The bill
4 9 makes a conforming change to Code section 232.52, subsection
4 10 2, relating to the suspension or revocation of a juvenile's
4 11 driver's license or operating privilege. The bill also makes a
4 12 Code change to Code section 724.4B, relating to the carrying
4 13 of weapons on school grounds, to specifically include certain
4 14 categories of persons who are authorized to carry weapons on
4 15 school grounds.
4 16 The bill amends Code section 724.4C relating to the crime of
4 17 possession or carrying of firearms while under the influence
4 18 of alcohol or a drug. Current law invalidates a permit to
4 19 carry weapons if the person to whom the permit is issued is
4 20 intoxicated, as defined in Code section 321J.2, subsection 1
4 21 (while under the influence of an alcoholic beverage or other
4 22 drug or a combination of such substances, while having an
4 23 alcohol concentration of .08 or more, or while any amount of a
4 24 controlled substance is present in the person, as measured in
4 25 the person's blood or urine). The bill amends this provision
4 26 to provide that a person commits a serious misdemeanor if
4 27 the person is intoxicated and the person either carries a
4 28 dangerous weapon on or about the person or carries a dangerous
4 29 weapon within the person's immediate access or reach while in
4 30 a vehicle. This crime does not apply to situations where a
4 31 person carries or possesses a dangerous weapon while in the
4 32 person's own dwelling, place of business, or on the person's
4 33 land, and the transitory possession or use of a firearm during
4 34 an act of justified self=defense or justified defense of
4 35 another, if the possession of the firearm lasts no longer than
5 1 immediately necessary to resolve the emergency.
5 2 The bill strikes Code section 724.5 relating to a person's
5 3 duty to carry a valid permit to carry certain weapons for
5 4 which a permit has been issued to the person and replaces that
5 5 Code section with language providing that the availability
5 6 of a professional or nonprofessional permit to carry weapons
5 7 shall not be construed to impose a general prohibition on
5 8 the unlicensed carrying, whether openly or concealed, of a
5 9 dangerous weapon, including a loaded firearm.
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