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