House File 517 - Introduced
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 133)
A BILL FOR
1 An Act relating to offensive and dangerous weapons, and the
2 justifiable use of reasonable and deadly force, including
3 carrying, possessing, transferring, and acquiring weapons,
4 the purchase and regulation of such weapons, providing
5 penalties, and including effective date and applicability
6 provisions.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 1396HV (3) 87
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PAG LIN
1 1 DIVISION I
1 2 OFFENSIVE WEAPONS
1 3 Section 1. Section 724.1, subsection 1, paragraph b, Code
1 4 2017, is amended by striking the paragraph.
1 5 Sec. 2. NEW SECTION. 724.1C Short=barreled rifle or
1 6 short=barreled shotgun ==== penalty.
1 7 1. A person shall not knowingly possess a short=barreled
1 8 rifle or short=barreled shotgun in violation of federal law.
1 9 2. A person who possesses a short=barreled rifle or
1 10 short=barreled shotgun in violation of subsection 1 commits a
1 11 class "D" felony.
1 12 DIVISION II
1 13 CARRYING WEAPONS AND POSSESSION OF WEAPONS
1 14 Sec. 3. Section 232.52, subsection 2, paragraph a,
1 15 subparagraph (4), subparagraph division (a), subparagraph
1 16 subdivision (viii), Code 2017, is amended to read as follows:
1 17 (viii) Section 724.4, if the child carried the dangerous
1 18 weapon on school grounds or 724.4B.
1 19 Sec. 4. Section 708.8, Code 2017, is amended to read as
1 20 follows:
1 21 708.8 Going armed with intent.
1 22 A person who goes armed with any dangerous weapon with the
1 23 intent to use without justification such weapon against the
1 24 person of another commits a class "D" felony. The intent
1 25 required for a violation of this section shall not be inferred
1 26 from the mere carrying or concealment of any dangerous weapon
1 27 itself, including the carrying of a loaded firearm, whether in
1 28 a vehicle or on or about a person's body.
1 29 Sec. 5. Section 724.4B, subsection 2, Code 2017, is amended
1 30 by adding the following new paragraph:
1 31 NEW PARAGRAPH. c. A private investigator or private
1 32 security officer who possesses a valid license pursuant to
1 33 chapter 80A, while engaged in the performance of duties as
1 34 a private investigator or private security officer, if the
1 35 private investigator or private security officer possesses a
2 1 valid professional or nonprofessional permit to carry weapons
2 2 issued pursuant to this chapter.
2 3 Sec. 6. Section 724.4C, Code 2017, is amended to read as
2 4 follows:
2 5 724.4C Possession or carrying of firearms dangerous weapons
2 6 while under the influence.
2 7 1. A permit issued under this chapter is invalid if the
2 8 Except as provided in subsection 2, a person to whom the permit
2 9 is issued is commits a serious misdemeanor if the person
2 10 is intoxicated as provided under the conditions set out in
2 11 section 321J.2, subsection 1., and the person does any of the
2 12 following:
2 13 a. Carries a dangerous weapon on or about the person.
2 14 b. Carries a dangerous weapon within the person's immediate
2 15 access or reach while in a vehicle.
2 16 2. This section shall not apply to any of the following:
2 17 a. A person who carries or possesses a dangerous weapon
2 18 while in the person's own dwelling, place of business, or on
2 19 land owned or lawfully possessed by the person.
2 20 b. The transitory possession or use of a dangerous weapon
2 21 during an act of justified self=defense or justified defense of
2 22 another, provided that the possession lasts no longer than is
2 23 immediately necessary to resolve the emergency.
2 24 Sec. 7. Section 724.5, Code 2017, is amended to read as
2 25 follows:
2 26 724.5 Duty to carry permit to carry weapons.
2 27 1. A person armed with a revolver, pistol, or pocket billy
2 28 concealed upon the person shall have in the person's immediate
2 29 possession the permit provided for in section 724.4, subsection
2 30 4, paragraph "i", and shall produce the permit for inspection at
2 31 the request of a peace officer. Failure to so produce a permit
2 32 is a simple misdemeanor.
2 33 2. A person charged with a violation of subsection 1 who
2 34 produces to the clerk of the district court prior to the
2 35 date of the person's court appearance proof that the person
3 1 possesses a valid permit to carry weapons which was valid at
3 2 the time of the alleged offense, shall not be convicted of a
3 3 violation of subsection 1 and the charge shall be dismissed by
3 4 the court. Upon dismissal, the court shall assess the costs
3 5 of the action against the person named on the indictment or
3 6 information.
3 7 DIVISION III
3 8 PERMIT TO CARRY WEAPONS AND FIREARM SAFETY TRAINING
3 9 Sec. 8. Section 80A.13, subsection 1, Code 2017, is amended
3 10 to read as follows:
3 11 1. File with the sheriff of the county in which the campus
3 12 is located evidence that the individual has successfully
3 13 completed an approved firearms firearm safety training program
3 14 under section 724.9. This requirement does not apply to
3 15 armored car personnel.
3 16 Sec. 9. Section 724.9, Code 2017, is amended to read as
3 17 follows:
3 18 724.9 Firearm safety training program.
3 19 1. An applicant for an initial permit to carry weapons shall
3 20 demonstrate knowledge of firearm safety by any of the following
3 21 means:
3 22 a. Completion of any national rifle association handgun
3 23 safety training course.
3 24 b. Completion of any handgun safety training course
3 25 available to the general public offered by a law enforcement
3 26 agency, community college, college, private or public
3 27 institution or organization, or firearms training school,
3 28 utilizing instructors certified by the national rifle
3 29 association or the department of public safety or another
3 30 state's department of public safety, state police department,
3 31 or similar certifying body.
3 32 c. Completion of any handgun safety training course offered
3 33 for security guards, investigators, special deputies, or any
3 34 division or subdivision of a law enforcement or security
3 35 enforcement agency approved by the department of public safety.
4 1 d. Completion of small arms training while serving with the
4 2 armed forces of the United States as evidenced by any of the
4 3 following:.
4 4 (1) For personnel released or retired from active duty,
4 5 possession of an honorable discharge or general discharge under
4 6 honorable conditions.
4 7 (2) For personnel on active duty or serving in one of the
4 8 national guard or reserve components of the armed forces of the
4 9 United States, possession of a certificate of completion of
4 10 basic training with a service record of successful completion
4 11 of small arms training and qualification.
4 12 e. Completion of a law enforcement agency firearms firearm
4 13 safety training course that qualifies a peace officer to carry
4 14 a firearm in the normal course of the peace officer's duties.
4 15 f. Completion of a hunter safety course taken on or after
4 16 July 1, 2017, that covers handgun safety training.
4 17 2. The handgun safety training course required in
4 18 subsection 1 may be conducted over the internet in a live or
4 19 web=based format, if completion of the course is verified by
4 20 the instructor or provider of the course.
4 21 3. Firearm safety training shall not be required for
4 22 renewals of permits issued after December 31, 2010.
4 23 2. 4. Evidence If firearm safety training is required under
4 24 this section, evidence of qualification under this section such
4 25 training may be documented by any of the following:
4 26 a. A photocopy of a certificate of completion or any
4 27 similar document indicating completion of any course or
4 28 class identified in subsection 1 that was completed within
4 29 twenty=four months prior to the date of the application.
4 30 b. An affidavit from the instructor, school, organization,
4 31 or group that conducted or taught a course or class identified
4 32 in subsection 1 that was completed within twenty=four
4 33 months prior to the date of the application attesting to the
4 34 completion of the course or class by the applicant.
4 35 c. A copy of any document indicating participation in any
5 1 firearms shooting competition.
5 2 c. For personnel released or retired from active duty in the
5 3 armed forces of the United States, possession of an honorable
5 4 discharge or general discharge under honorable conditions
5 5 issued any time prior to the date of the application.
5 6 d. For personnel on active duty or serving in one of the
5 7 national guard or reserve components of the armed forces of the
5 8 United States, possession of a certificate of completion of
5 9 basic training with a service record of successful completion
5 10 of small arms training and qualification issued prior to the
5 11 date of the application, or any other official documentation
5 12 satisfactory to the issuing officer issued prior to the date
5 13 of the application.
5 14 3. 5. An issuing officer shall not condition the issuance
5 15 of a permit on training requirements that are not specified in
5 16 or that exceed the requirements of this section.
5 17 6. If an applicant applies after expiration of the time
5 18 periods specified for renewal in section 724.11, firearm safety
5 19 training shall not be required for a renewal permit under this
5 20 section.
5 21 Sec. 10. Section 724.11, subsections 1 and 3, Code 2017, are
5 22 amended to read as follows:
5 23 1. Applications for permits to carry weapons shall be made
5 24 to the sheriff of the county in which the applicant resides.
5 25 Applications for professional permits to carry weapons for
5 26 persons who are nonresidents of the state, or whose need to
5 27 go armed arises out of employment by the state, shall be made
5 28 to the commissioner of public safety. In either case, the
5 29 sheriff or commissioner, before issuing the permit, shall
5 30 determine that the requirements of sections 724.6 to 724.10
5 31 have been satisfied. However, for renewal of a permit the
5 32 training program requirements in section 724.9, subsection 1,
5 33 shall apply or the renewal applicant may choose to qualify on a
5 34 firing range under the supervision of an instructor certified
5 35 by the national rifle association or the department of public
6 1 safety or another state's department of public safety, state
6 2 police department, or similar certifying body. Such training
6 3 or qualification must occur within the twelve=month period
6 4 prior to the expiration of the applicant's current permit.
6 5 A renewal applicant shall apply within thirty days prior to
6 6 the expiration of the permit, or within thirty days after the
6 7 expiration of the permit; otherwise the applicant shall be
6 8 considered an applicant for an initial permit for purposes of
6 9 renewal fees under subsection 3.
6 10 3. The issuing officer shall collect a fee of fifty dollars
6 11 for an initial permit, except from a duly appointed peace
6 12 officer or correctional officer, for each permit issued.
6 13 Renewal permits or duplicate permits shall be issued for a
6 14 fee of twenty=five dollars, provided the application for such
6 15 renewal permit is received by the issuing officer at least
6 16 within thirty days prior to the expiration of the applicant's
6 17 current permit or within thirty days after the expiration of
6 18 the applicant's current permit. The issuing officer shall
6 19 notify the commissioner of public safety of the issuance of
6 20 any permit at least monthly and forward to the commissioner an
6 21 amount equal to ten dollars for each permit issued and five
6 22 dollars for each renewal or duplicate permit issued. All
6 23 such fees received by the commissioner shall be paid to the
6 24 treasurer of state and deposited in the operating account
6 25 of the department of public safety to offset the cost of
6 26 administering this chapter. Notwithstanding section 8.33, any
6 27 unspent balance as of June 30 of each year shall not revert to
6 28 the general fund of the state.
6 29 Sec. 11. Section 724.11, Code 2017, is amended by adding the
6 30 following new subsection:
6 31 NEW SUBSECTION. 5. An initial or renewal permit shall
6 32 have a uniform appearance, size, and content prescribed and
6 33 published by the commissioner of public safety. The permit
6 34 shall contain the name of the permittee and the effective date
6 35 of the permit, but shall not contain the permittee's social
7 1 security number. The permit shall also include a designation
7 2 that the permit is invalid when the permittee is intoxicated.
7 3 Such a permit shall not be issued for a particular weapon
7 4 and shall not contain information about a particular weapon
7 5 including the make, model, or serial number of the weapon, or
7 6 any ammunition used in that weapon.
7 7 DIVISION IV
7 8 PERMIT TO ACQUIRE PISTOLS OR REVOLVERS
7 9 Sec. 12. Section 724.11A, Code 2017, is amended to read as
7 10 follows:
7 11 724.11A Recognition.
7 12 A valid permit or license issued by another state to any
7 13 nonresident of this state shall be considered to be a valid
7 14 permit or license to carry weapons issued pursuant to this
7 15 chapter, except that such permit or license shall not be
7 16 considered to be a substitute for an annual a permit to acquire
7 17 pistols or revolvers issued pursuant to section 724.15.
7 18 Sec. 13. Section 724.15, subsection 1, unnumbered paragraph
7 19 1, Code 2017, is amended to read as follows:
7 20 Any person who desires to acquire ownership of any pistol
7 21 or revolver shall first obtain an annual a permit. An annual
7 22 A permit shall be issued upon request to any resident of this
7 23 state unless the person is subject to any of the following:
7 24 Sec. 14. Section 724.15, subsection 2, unnumbered paragraph
7 25 1, Code 2017, is amended to read as follows:
7 26 Any person who acquires ownership of a pistol or revolver
7 27 shall not be required to obtain an annual a permit if any of the
7 28 following apply:
7 29 Sec. 15. Section 724.15, subsection 3, Code 2017, is amended
7 30 to read as follows:
7 31 3. The annual permit to acquire pistols or revolvers shall
7 32 authorize the permit holder to acquire one or more pistols or
7 33 revolvers during the period that the permit remains valid. If
7 34 the issuing officer determines that the applicant has become
7 35 disqualified under the provisions of subsection 1, the issuing
8 1 officer may immediately revoke the permit and shall provide
8 2 a written statement of the reasons for revocation, and the
8 3 applicant shall have the right to appeal the revocation as
8 4 provided in section 724.21A.
8 5 Sec. 16. Section 724.16, Code 2017, is amended to read as
8 6 follows:
8 7 724.16 Annual permit Permit to acquire required ==== transfer
8 8 prohibited.
8 9 1. Except as otherwise provided in section 724.15,
8 10 subsection 2, a person who acquires ownership of a pistol or
8 11 revolver without a valid annual permit to acquire pistols or
8 12 revolvers or a person who transfers ownership of a pistol
8 13 or revolver to a person who does not have in the person's
8 14 possession a valid annual permit to acquire pistols or
8 15 revolvers is guilty of an aggravated misdemeanor.
8 16 2. A person who transfers ownership of a pistol or revolver
8 17 to a person that the transferor knows is prohibited by section
8 18 724.15 from acquiring ownership of a pistol or revolver commits
8 19 a class "D" felony.
8 20 Sec. 17. Section 724.17, Code 2017, is amended to read as
8 21 follows:
8 22 724.17 Application for annual permit Permit to acquire ====
8 23 criminal history check required.
8 24 1. The application for an annual a permit to acquire
8 25 pistols or revolvers may be made to the sheriff of the county
8 26 of the applicant's residence and shall be on a form prescribed
8 27 and published by the commissioner of public safety. The
8 28 application shall require only the full name of the applicant,
8 29 the driver's license or nonoperator's identification card
8 30 number of the applicant, the residence of the applicant,
8 31 and the date and place of birth of the applicant. The
8 32 applicant shall also display an identification card that
8 33 bears a distinguishing number assigned to the cardholder, the
8 34 full name, date of birth, sex, residence address, and brief
8 35 description and color photograph of the cardholder, or other
9 1 identification as specified by rule of the department of public
9 2 safety. The sheriff shall conduct a criminal history check
9 3 concerning each applicant by obtaining criminal history data
9 4 from the department of public safety which shall include an
9 5 inquiry of the national instant criminal background check
9 6 system maintained by the federal bureau of investigation or any
9 7 successor agency. A person who makes what the person knows
9 8 to be a false statement of material fact on an application
9 9 submitted under this section or who submits what the person
9 10 knows to be any materially falsified or forged documentation in
9 11 connection with such an application commits a class "D" felony.
9 12 2. An issuing officer may conduct an annual criminal
9 13 history check concerning a person issued a permit to acquire by
9 14 obtaining criminal history data from the department of public
9 15 safety.
9 16 Sec. 18. Section 724.18, Code 2017, is amended to read as
9 17 follows:
9 18 724.18 Procedure for making application for annual permit to
9 19 acquire.
9 20 A person may personally request the sheriff to mail an
9 21 application for an annual a permit to acquire pistols or
9 22 revolvers, and the sheriff shall immediately forward to
9 23 such person an application for an annual a permit to acquire
9 24 pistols or revolvers. A person shall upon completion of the
9 25 application personally deliver such application to the sheriff
9 26 who shall note the period of validity on the application and
9 27 shall immediately issue the annual permit to acquire pistols or
9 28 revolvers to the applicant. For the purposes of this section
9 29 the date of application shall be the date on which the sheriff
9 30 received the completed application.
9 31 Sec. 19. Section 724.19, Code 2017, is amended to read as
9 32 follows:
9 33 724.19 Issuance of annual permit to acquire.
9 34 The annual permit to acquire pistols or revolvers shall be
9 35 issued to the applicant immediately upon completion of the
10 1 application unless the applicant is disqualified under the
10 2 provisions of section 724.15 and. The permit shall be on a
10 3 form have a uniform appearance, size, and content prescribed
10 4 and published by the commissioner of public safety. The permit
10 5 shall contain the name of the permittee, the residence of the
10 6 permittee, and the effective date of the permit, but shall not
10 7 contain the permittee's social security number. Such a permit
10 8 shall not be issued for a particular pistol or revolver and
10 9 shall not contain information about a particular pistol or
10 10 revolver including the make, model, or serial number of the
10 11 pistol or revolver, or any ammunition used in that pistol or
10 12 revolver.
10 13 Sec. 20. Section 724.20, Code 2017, is amended to read as
10 14 follows:
10 15 724.20 Validity of annual permit to acquire pistols or
10 16 revolvers.
10 17 The permit shall be valid throughout the state and shall
10 18 be valid three days after the date of application and shall
10 19 be invalid one year five years after the date of application
10 20 issuance.
10 21 Sec. 21. Section 724.21A, subsections 1 and 7, Code 2017,
10 22 are amended to read as follows:
10 23 1. In any case where the sheriff or the commissioner of
10 24 public safety denies an application for or suspends or revokes
10 25 a permit to carry weapons or an annual a permit to acquire
10 26 pistols or revolvers, the sheriff or commissioner shall provide
10 27 a written statement of the reasons for the denial, suspension,
10 28 or revocation and the applicant or permit holder shall have the
10 29 right to appeal the denial, suspension, or revocation to an
10 30 administrative law judge in the department of inspections and
10 31 appeals within thirty days of receiving written notice of the
10 32 denial, suspension, or revocation.
10 33 7. In any case where the issuing officer denies an
10 34 application for, or suspends or revokes a permit to carry
10 35 weapons or an annual a permit to acquire pistols or revolvers
11 1 solely because of an adverse determination by the national
11 2 instant criminal background check system, the applicant or
11 3 permit holder shall not seek relief under this section but
11 4 may pursue relief of the national instant criminal background
11 5 check system determination pursuant to Pub. L. No. 103=159,
11 6 sections 103(f) and (g) and 104 and 28 C.F.R. {25.10, or other
11 7 applicable law. The outcome of such proceedings shall be
11 8 binding on the issuing officer.
11 9 DIVISION V
11 10 POSSESSION OF PISTOL OR REVOLVER BY PERSONS UNDER 14 YEARS OF
11 11 AGE
11 12 Sec. 22. Section 724.22, subsection 5, Code 2017, is amended
11 13 to read as follows:
11 14 5. a. A parent or guardian or spouse who is twenty=one
11 15 years of age or older, of a person fourteen years of age but
11 16 less than under the age of twenty=one may allow the person,
11 17 while under direct supervision, to possess a pistol or revolver
11 18 or the ammunition therefor for any lawful purpose while
11 19 under the direct supervision of the parent or guardian or
11 20 spouse who is twenty=one years of age or older, or while the
11 21 person receives instruction in the proper use thereof from an
11 22 instructor twenty=one years of age or older, with the consent
11 23 of such parent, guardian or spouse.
11 24 b. As used in this section, "direct supervision" means
11 25 supervision provided by the parent, guardian, or spouse who is
11 26 twenty=one years of age or older and who maintains visual and
11 27 verbal contact at all times with the supervised person.
11 28 Sec. 23. Section 724.22, Code 2017, is amended by adding the
11 29 following new subsection:
11 30 NEW SUBSECTION. 8. A parent or guardian or spouse who is
11 31 twenty=one years of age or older, of a minor under the age of
11 32 fourteen years who allows that minor to possess a pistol or
11 33 revolver or the ammunition pursuant hereto, shall be strictly
11 34 liable to an injured party for all damages resulting from the
11 35 possession of the pistol or revolver or ammunition therefor by
12 1 that minor.
12 2 DIVISION VI
12 3 RECORDS KEPT BY COMMISSIONER ==== CONFIDENTIALITY
12 4 Sec. 24. Section 724.23, Code 2017, is amended to read as
12 5 follows:
12 6 724.23 Records kept by commissioner and issuing officers.
12 7 1. The commissioner of public safety shall maintain a
12 8 permanent record of all valid permits to carry weapons and of
12 9 current permit revocations.
12 10 2. a. Notwithstanding any other law or rule to the
12 11 contrary, the commissioner of public safety and any issuing
12 12 officer shall keep confidential personally identifiable
12 13 information of holders of nonprofessional permits to carry
12 14 weapons and permits to acquire firearms, including but not
12 15 limited to the name, social security number, date of birth,
12 16 residential or business address, and driver's license or other
12 17 identification number of the applicant or permit holder.
12 18 b. This subsection shall not prohibit the release of
12 19 statistical information relating to the issuance, denial,
12 20 revocation, or administration of nonprofessional permits to
12 21 carry weapons and permits to acquire firearms, provided that
12 22 the release of such information does not reveal the identity of
12 23 any individual permit holder.
12 24 c. This subsection shall not prohibit the release of
12 25 information to any law enforcement agency or any employee or
12 26 agent thereof when necessary for the purpose of investigating
12 27 a possible violation of law and probable cause exists, or for
12 28 conducting a lawfully authorized background investigation.
12 29 d. This subsection shall not prohibit the release of
12 30 information relating to the validity of a professional permit
12 31 to carry weapons to an employer who requires an employee or an
12 32 agent of the employer to possess a professional permit to carry
12 33 weapons as part of the duties of the employee or agent.
12 34 e. Except as provided in paragraphs "b", "c", and "d", the
12 35 release of any confidential information under this section
13 1 shall require a court order or the consent of the person whose
13 2 personally identifiable information is the subject of the
13 3 information request.
13 4 DIVISION VII
13 5 STATE PREEMPTION
13 6 Sec. 25. Section 724.28, Code 2017, is amended to read as
13 7 follows:
13 8 724.28 Prohibition of regulation by political subdivisions.
13 9 1. A political subdivision of the state shall not enact an
13 10 ordinance regulating the ownership, possession, legal transfer,
13 11 lawful transportation, registration, or licensing of firearms
13 12 when the ownership, possession, transfer, or transportation is
13 13 otherwise lawful under the laws of this state. An ordinance
13 14 regulating firearms in violation of this section existing on or
13 15 after April 5, 1990, is void.
13 16 2. If a political subdivision, prior to, on, or after
13 17 July 1, 2017, adopts, makes, enacts, or amends any ordinance,
13 18 measure, enactment, rule, resolution, motion, or policy
13 19 regulating the ownership, possession, legal transfer, lawful
13 20 transportation, registration, or licensing of firearms when the
13 21 ownership, possession, transfer, transportation, registration,
13 22 or license is otherwise lawful under the laws of this state, a
13 23 person adversely affected by the ordinance, measure, enactment,
13 24 rule, resolution, motion, or policy may file suit in the
13 25 appropriate court for declarative and injunctive relief for
13 26 damages. A court shall award reasonable attorney's fees and
13 27 costs to the prevailing plaintiff in any such suit.
13 28 DIVISION VIII
13 29 PISTOLS OR REVOLVERS ==== CAPITOL BUILDINGS AND GROUNDS
13 30 Sec. 26. Section 8A.322, subsection 3, Code 2017, is amended
13 31 to read as follows:
13 32 3. The director shall establish, publish, and enforce rules
13 33 regulating and restricting the use by the public of the capitol
13 34 buildings and grounds and of the state laboratories facility
13 35 in Ankeny. The rules when established shall be posted in
14 1 conspicuous places about the capitol buildings and grounds and
14 2 the state laboratories facility, as applicable. Any person
14 3 violating any rule, except a parking regulation, shall be
14 4 guilty of a simple misdemeanor. The rules shall prohibit a
14 5 person from openly carrying a pistol or revolver in the capitol
14 6 building and on the grounds surrounding the capitol building
14 7 including state parking lots and parking garages. However,
14 8 this subsection shall not be construed to allow the director
14 9 to prohibit the carrying, transportation, or possession of any
14 10 pistol or revolver in the capitol building and on the grounds
14 11 surrounding the capitol building including state parking lots
14 12 and parking garages when the carrying, transportation, or
14 13 possession is otherwise lawful under the laws of this state.
14 14 DIVISION IX
14 15 EMERGENCY POWERS
14 16 Sec. 27. Section 29C.3, subsection 4, paragraph e, Code
14 17 2017, is amended by striking the paragraph.
14 18 Sec. 28. Section 29C.6, subsection 16, Code 2017, is amended
14 19 to read as follows:
14 20 16. Suspend or limit the sale, dispensing, or
14 21 transportation of alcoholic beverages, firearms, explosives,
14 22 and combustibles.
14 23 Sec. 29. NEW SECTION. 29C.25 Firearms and ammunition ====
14 24 limitations ==== exceptions ==== remedies.
14 25 1. This chapter shall not be construed to authorize the
14 26 governor or any other official of this state or any of its
14 27 political subdivisions or any agent or person acting at the
14 28 direction of the governor or any such official to do any of the
14 29 following:
14 30 a. Prohibit, regulate, or curtail the otherwise lawful
14 31 possession, carrying, transportation, transfer, or defensive
14 32 use of firearms or ammunition.
14 33 b. Suspend or revoke, except in accordance with section
14 34 724.13, a permit issued pursuant to section 724.6, 724.7, or
14 35 724.15.
15 1 c. Seize or confiscate firearms and ammunition possessed in
15 2 accordance with the laws of this state.
15 3 2. This section shall not prohibit any of the following:
15 4 a. The temporary closure or limitations on the operating
15 5 hours of businesses that sell firearms or ammunition if the
15 6 same operating restrictions apply to all businesses in the
15 7 affected area.
15 8 b. The adoption or enforcement of regulations pertaining to
15 9 firearms and ammunition used or carried for official purposes
15 10 by law enforcement officers or persons acting under the
15 11 authority of emergency management agencies or officials.
15 12 3. a. A person aggrieved by a violation of this section
15 13 may seek relief in an action at law or in equity or in any
15 14 other proper proceeding for actual damages, injunctive relief,
15 15 or other appropriate redress against a person who commits or
15 16 causes the commission of such violation.
15 17 b. In addition to any other remedy available at law or
15 18 in equity, a person aggrieved by the seizure or confiscation
15 19 of a firearm or ammunition in violation of this section may
15 20 make application pursuant to section 809.3 for its return in
15 21 the office of the clerk of court for the county in which the
15 22 property was seized.
15 23 c. In an action or proceeding to enforce this section, the
15 24 court shall award the prevailing plaintiff reasonable court
15 25 costs and attorney fees.
15 26 DIVISION X
15 27 JUSTIFIABLE USE OF REASONABLE AND DEADLY FORCE
15 28 Sec. 30. Section 704.1, Code 2017, is amended to read as
15 29 follows:
15 30 704.1 Reasonable force.
15 31 1. "Reasonable force" is means that force and no more which
15 32 a reasonable person, in like circumstances, would judge to
15 33 be necessary to prevent an injury or loss and can include
15 34 deadly force if it is reasonable to believe that such force is
15 35 necessary to avoid injury or risk to one's life or safety or
16 1 the life or safety of another, or it is reasonable to believe
16 2 that such force is necessary to resist a like force or threat.
16 3 2. Reasonable force, including deadly force, may be used
16 4 even if an alternative course of action is available if the
16 5 alternative action entails a risk to life or safety, or the
16 6 life or safety of a third party, or requires one to abandon or
16 7 retreat from one's dwelling or place of business or employment.
16 8 3. A person may be wrong in the estimation of the danger or
16 9 the force necessary to repel the danger as long as there is a
16 10 reasonable basis for the belief of the person and the person
16 11 acts reasonably in the response to that belief.
16 12 4. A person who is not engaged in illegal activity has no
16 13 duty to retreat from any place where the person is lawfully
16 14 present before using force as specified in this chapter.
16 15 Sec. 31. Section 704.2, Code 2017, is amended by adding the
16 16 following new subsection:
16 17 NEW SUBSECTION. 1A. "Deadly force" does not include a
16 18 threat to cause serious injury or death, by the production,
16 19 display, or brandishing of a deadly weapon, as long as the
16 20 actions of the person are limited to creating an expectation
16 21 that the person may use deadly force to defend oneself,
16 22 another, or as otherwise authorized by law.
16 23 Sec. 32. NEW SECTION. 704.2A Justifiable use of deadly
16 24 force.
16 25 1. For purposes of this chapter, a person is presumed to
16 26 reasonably believe that deadly force is necessary to avoid
16 27 injury or risk to one's life or safety or the life or safety of
16 28 another in either of the following circumstances:
16 29 a. The person against whom force is used, at the time the
16 30 force is used, is doing any of the following:
16 31 (1) Unlawfully entering the dwelling, place of business
16 32 or employment, or occupied vehicle of the person using force
16 33 by force or stealth, or has unlawfully entered by force or
16 34 stealth and remains within the dwelling, place of business or
16 35 employment, or occupied vehicle of the person using force.
17 1 (2) Unlawfully removing or is attempting to unlawfully
17 2 remove another person against the other person's will from the
17 3 dwelling, place of business or employment, or occupied vehicle
17 4 of the person using force.
17 5 b. The person using force knows or has reason to believe
17 6 that any of the conditions set forth in paragraph "a" are
17 7 occurring.
17 8 2. The presumption set forth in subsection 1 does not
17 9 apply if, at the time force is used, any of the following
17 10 circumstances are present:
17 11 a. The person using defensive force is engaged in a
17 12 criminal offense, is attempting to escape from the scene of a
17 13 criminal offense that the person has committed, or is using the
17 14 dwelling, place of business or employment, or occupied vehicle
17 15 to further a criminal offense.
17 16 b. The person sought to be removed is a child or grandchild
17 17 or is otherwise in the lawful custody or under the lawful
17 18 guardianship of the person against whom force is used.
17 19 c. The person against whom force is used is a peace officer
17 20 who has entered or is attempting to enter a dwelling, place
17 21 of business or employment, or occupied vehicle in the lawful
17 22 performance of the peace officer's official duties.
17 23 d. The person against whom the force is used has the right
17 24 to be in, or is a lawful resident of, the dwelling, place of
17 25 business or employment, or occupied vehicle of the person using
17 26 force, and a protective or no=contact order is not in effect
17 27 against the person against whom the force is used.
17 28 Sec. 33. Section 704.3, Code 2017, is amended to read as
17 29 follows:
17 30 704.3 Defense of self or another.
17 31 A person is justified in the use of reasonable force when
17 32 the person reasonably believes that such force is necessary to
17 33 defend oneself or another from any actual or imminent use of
17 34 unlawful force.
17 35 Sec. 34. Section 704.7, Code 2017, is amended to read as
18 1 follows:
18 2 704.7 Resisting forcible violent felony.
18 3 1. As used in this section, "violent felony" means any
18 4 felonious sexual abuse involving compulsion or the use of a
18 5 weapon or any felonious assault, murder, kidnapping, robbery,
18 6 arson, or burglary.
18 7 2. A person who knows reasonably believes that a forcible
18 8 violent felony is being or will imminently be perpetrated is
18 9 justified in using, against the perpetrator, reasonable force,
18 10 including deadly force, against the perpetrator or perpetrators
18 11 to prevent the completion of or terminate the perpetration of
18 12 that felony.
18 13 DIVISION XI
18 14 FRAUDULENT PURCHASE OF FIREARMS OR AMMUNITION
18 15 Sec. 35. NEW SECTION. 724.29A Fraudulent purchase of
18 16 firearms or ammunition.
18 17 1. For purposes of this section:
18 18 a. "Ammunition" means any cartridge, shell, or projectile
18 19 designed for use in a firearm.
18 20 b. "Licensed firearms dealer" means a person who is licensed
18 21 pursuant to 18 U.S.C. {923 to engage in the business of dealing
18 22 in firearms.
18 23 c. "Materially false information" means information that
18 24 portrays an illegal transaction as legal or a legal transaction
18 25 as illegal.
18 26 d. "Private seller" means a person who sells or offers for
18 27 sale any firearm or ammunition.
18 28 2. A person who knowingly solicits, persuades, encourages,
18 29 or entices a licensed firearms dealer or private seller of
18 30 firearms or ammunition to transfer a firearm or ammunition
18 31 under circumstances that the person knows would violate the
18 32 laws of this state or of the United States commits a class "D"
18 33 felony.
18 34 3. A person who knowingly provides materially false
18 35 information to a licensed firearms dealer or private seller of
19 1 firearms or ammunition with the intent to deceive the firearms
19 2 dealer or seller about the legality of a transfer of a firearm
19 3 or ammunition commits a class "D" felony.
19 4 4. A person who willfully procures another to engage in
19 5 conduct prohibited by this section shall be held accountable
19 6 as a principal.
19 7 5. This section does not apply to a law enforcement officer
19 8 acting in the officer's official capacity or to a person acting
19 9 under the direction of such law enforcement officer.
19 10 DIVISION XII
19 11 SNOWMOBILES AND ALL=TERRAIN VEHICLES
19 12 Sec. 36. Section 321G.13, subsection 2, Code 2017, is
19 13 amended to read as follows:
19 14 2. a. A person shall not operate or ride a snowmobile with
19 15 a firearm in the person's possession unless it is unloaded and
19 16 enclosed in a carrying case, except as otherwise provided.
19 17 However, a nonambulatory person may carry an uncased and
19 18 unloaded firearm while operating or riding a snowmobile.
19 19 b. (1) A person may operate or ride on a snowmobile with a
19 20 loaded firearm, whether concealed or not, without a permit to
19 21 carry weapons, if the person operates or rides on land owned or
19 22 possessed by the person, and the person's conduct is otherwise
19 23 lawful.
19 24 (2) If a person is operating or riding on a snowmobile on
19 25 land that is not owned or possessed by the person, the person
19 26 may operate or ride the snowmobile with a loaded firearm pistol
19 27 or revolver, whether concealed or not, if all of the following
19 28 apply:
19 29 (a) The firearm is a pistol or revolver and is secured in a
19 30 retention holster upon the person.
19 31 (b) The person has in the person's possession and displays
19 32 to a peace officer on demand a valid permit to carry weapons
19 33 which has been issued to the person.
19 34 (c) The person's conduct is within the limits of the permit
19 35 to carry weapons and the person's conduct is otherwise lawful.
20 1 c. A person shall not discharge a firearm while on a
20 2 snowmobile, except that a nonambulatory person may discharge a
20 3 firearm from a snowmobile while lawfully hunting if the person
20 4 is not operating or riding a moving snowmobile.
20 5 Sec. 37. Section 321I.14, subsection 2, Code 2017, is
20 6 amended to read as follows:
20 7 2. a. A person shall not operate or ride an all=terrain
20 8 vehicle with a firearm in the person's possession unless it is
20 9 unloaded and enclosed in a carrying case, except as otherwise
20 10 provided. However, a nonambulatory person may carry an uncased
20 11 and unloaded firearm while operating or riding an all=terrain
20 12 vehicle.
20 13 b. (1) A person may operate or ride on an all=terrain
20 14 vehicle with a loaded firearm, whether concealed or not,
20 15 without a permit to carry weapons, if the person operates
20 16 or rides on land owned or possessed by the person, and the
20 17 person's conduct is otherwise lawful.
20 18 (2) If a person is operating or riding on an all=terrain
20 19 vehicle on land that is not owned or possessed by the person,
20 20 the person may operate or ride the all=terrain vehicle with a
20 21 loaded firearm pistol or revolver, whether concealed or not,
20 22 if all of the following apply:
20 23 (a) The firearm is a pistol or revolver and is secured in a
20 24 retention holster upon the person.
20 25 (b) The person has in the person's possession and displays
20 26 to a peace officer on demand a valid permit to carry weapons
20 27 which has been issued to the person.
20 28 (c) The person's conduct is within the limits of the permit
20 29 to carry weapons and the person's conduct is otherwise lawful.
20 30 c. A person shall not discharge a firearm while on an
20 31 all=terrain vehicle, except that a nonambulatory person may
20 32 discharge a firearm from an all=terrain vehicle while lawfully
20 33 hunting if the person is not operating or riding a moving
20 34 all=terrain vehicle.
20 35 DIVISION XIII
21 1 TARGET SHOOTING ==== PRIVATE PREMISES
21 2 Sec. 38. Section 481A.123, Code 2017, is amended by adding
21 3 the following new subsection:
21 4 NEW SUBSECTION. 7. Subject to subsection 1, an owner or
21 5 tenant of private premises located in the unincorporated area
21 6 of a county, or a person to whom the owner or tenant has given
21 7 consent, may discharge a firearm for the purpose of target
21 8 shooting on those private premises. The use of such private
21 9 premises for target shooting shall not be found to be in
21 10 violation of a noise ordinance or declared a public or private
21 11 nuisance or be otherwise prohibited under state or local
21 12 law. As used in this subsection, "target shooting" means the
21 13 discharge of a firearm at an inanimate object, for amusement or
21 14 as a test of skill in marksmanship.
21 15 DIVISION XIV
21 16 EFFECTIVE DATE AND APPLICABILITY PROVISIONS
21 17 Sec. 39. EFFECTIVE UPON ENACTMENT. The following
21 18 provision or provisions of this Act, being deemed of immediate
21 19 importance, take effect upon enactment:
21 20 1. The section of this Act amending section 724.22.
21 21 2. The section of this Act amending section 724.23.
21 22 3. The applicability section of this division of this Act
21 23 related to amending section 724.23.
21 24 Sec. 40. APPLICABILITY ==== RECORDS KEPT BY COMMISSIONER ====
21 25 CONFIDENTIALITY. The section of this Act amending section
21 26 724.23 applies to holders of nonprofessional permits to carry
21 27 weapons and permits to acquire firearms and to applicants for
21 28 nonprofessional permits to carry weapons and permits to acquire
21 29 firearms on or after the effective date of that section of this
21 30 Act.
21 31 EXPLANATION
21 32 The inclusion of this explanation does not constitute agreement with
21 33 the explanation's substance by the members of the general assembly.
21 34 This bill relates to offensive and dangerous weapons, and
21 35 the use of force, including carrying, possessing, and acquiring
22 1 weapons, and the purchase and regulation of such weapons and
22 2 includes effective date and applicability provisions. The bill
22 3 is organized into divisions.
22 4 DIVISION I ==== OFFENSIVE WEAPONS. The bill strikes
22 5 the prohibition on possessing a short=barreled rifle or
22 6 a short=barreled shotgun. Under current law, a person
22 7 who possesses such a weapon commits a class "D" felony.
22 8 Federal law in 18 U.S.C. {922 governs the regulation of a
22 9 short=barreled rifle or short=barreled shotgun.
22 10 DIVISION II ==== CARRYING WEAPONS AND POSSESSION OF WEAPONS.
22 11 The bill amends Code section 708.8, the crime of going armed
22 12 with a dangerous weapon with intent, a class "D" felony, to
22 13 provide that the intent element required for a violation of
22 14 this crime shall not be inferred from the mere carrying or
22 15 concealment of a dangerous weapon. "Dangerous weapon" is
22 16 defined in Code section 702.7 for purposes of use in the
22 17 criminal code. The bill makes an internal reference change to
22 18 Code section 232.52, subsection 2, relating to the suspension
22 19 or revocation of a juvenile's driver's license or operating
22 20 privilege.
22 21 The bill provides that a person commits a class "D" felony
22 22 if the person knowingly possesses a short=barreled rifle or
22 23 short=barreled shotgun in violation of federal law.
22 24 The bill provides that a private investigator or private
22 25 security officer who possesses a valid license pursuant to
22 26 Code chapter 80A (private investigative agencies and security
22 27 agents) may go armed with, carry, or transport a firearm of any
22 28 kind, whether concealed or not, on the grounds of a public or
22 29 private school while engaged in the performance of duties as a
22 30 private investigator or private security officer, and if the
22 31 private investigator or private security officer possesses a
22 32 valid professional or nonprofessional permit to carry weapons.
22 33 The bill amends Code section 724.4C relating to the crime of
22 34 possession or carrying of firearms while under the influence
22 35 of alcohol or a drug. Current law invalidates a permit to
23 1 carry weapons if the person to whom the permit is issued is
23 2 intoxicated, as defined in Code section 321J.2, subsection 1
23 3 (while under the influence of an alcoholic beverage or other
23 4 drug or a combination of such substances, while having an
23 5 alcohol concentration of .08 or more, or while any amount of a
23 6 controlled substance is present in the person, as measured in
23 7 the person's blood or urine). The bill amends this provision
23 8 to provide that a person commits a serious misdemeanor if
23 9 the person is intoxicated and the person either carries a
23 10 dangerous weapon on or about the person or carries a dangerous
23 11 weapon within the person's immediate access or reach while in
23 12 a vehicle. This crime does not apply to situations where a
23 13 person carries or possesses a dangerous weapon while in the
23 14 person's own dwelling, place of business, or on the person's
23 15 land, or the transitory possession or use of a firearm during
23 16 an act of justified self=defense or justified defense of
23 17 another, if the possession of the firearm lasts no longer than
23 18 immediately necessary to resolve the emergency.
23 19 The bill amends Code section 724.5 to provide that a person
23 20 charged with failure to produce a permit to carry weapons to
23 21 a peace officer who subsequently produces to the clerk of
23 22 the district court prior to the date of the person's court
23 23 appearance proof that the person possesses a valid permit
23 24 to carry weapons which was valid at the time of the alleged
23 25 offense, shall not be convicted of a violation of Code section
23 26 724.5 and the charge shall be dismissed with costs assessed
23 27 against the person.
23 28 DIVISION III ==== PERMIT TO CARRY WEAPONS AND FIREARM SAFETY
23 29 TRAINING. For an applicant's initial nonprofessional permit to
23 30 carry weapons, the bill and current law require the applicant
23 31 to demonstrate knowledge of firearm safety by any of the
23 32 following means: completion of any national rifle association
23 33 handgun safety training course; completion of any handgun
23 34 safety training course available to the general public offered
23 35 by a law enforcement agency, community college, college,
24 1 private or public institution or organization, or firearms
24 2 training school; completion of any handgun safety training
24 3 course offered for security guards, investigators, special
24 4 deputies, or law or security enforcement approved by the
24 5 department of public safety; completion of small arms training
24 6 while serving with the armed forces of the United States; or
24 7 completion of a law enforcement agency firearm safety training
24 8 course that qualifies a peace officer to carry a firearm in the
24 9 normal course of the peace officer's duties. The bill adds
24 10 completion of a hunter safety course that covers handgun safety
24 11 taken on or after July 1, 2017, to the list of eligible courses
24 12 an initial nonprofessional permit applicant is required to
24 13 take in order to demonstrate knowledge of firearm safety and
24 14 be issued a permit to carry weapons. The bill specifies that
24 15 the handgun safety training course may be conducted over the
24 16 internet in a live or web=based format, if completion of the
24 17 course is verified by the instructor or provider of the course.
24 18 Under the bill, for an initial permit to carry weapons,
24 19 firearm safety training is required and evidence of such
24 20 training may be documented by any of the following means: a
24 21 photocopy of a certificate of completion or similar document
24 22 showing completion of the class or course within 24 months
24 23 prior to the date of the application; an affidavit from the
24 24 instructor, school, or organization, or group that taught the
24 25 course that was completed within 24 months prior to the date
24 26 of the application; possession of an honorable discharge or
24 27 general discharge under honorable conditions issued at any
24 28 time prior to the application; or possession of a certificate
24 29 of completion of basic training with a service record of
24 30 successful completion of small arms training issued prior to
24 31 the date of the application.
24 32 The bill provides that firearm safety training shall not be
24 33 required for renewals of permits to carry weapons issued after
24 34 December 31, 2010.
24 35 The bill specifies that the permit to carry weapons shall
25 1 have a uniform appearance, size, and uniform content prescribed
25 2 and published by the commissioner of public safety. The bill
25 3 provides that the permit shall also include a designation that
25 4 the permit is invalid when the permittee is intoxicated.
25 5 The fees for an initial permit to carry weapons remain at
25 6 $50, and the renewal fee remains at $25.
25 7 DIVISION IV ==== PERMIT TO ACQUIRE PISTOLS OR REVOLVERS.
25 8 Current law and the bill provide that any person who intends
25 9 to purchase a pistol or revolver is required to first obtain
25 10 a permit to acquire pistols or revolvers unless the person is
25 11 otherwise exempt from obtaining such a permit.
25 12 The bill amends Code section 724.20 by extending the
25 13 validity of a permit to acquire from one year from the date
25 14 of the application to five years from the date of issuance.
25 15 The bill also strikes numerous references in Code chapter 724
25 16 relating to annual permits to acquire in order to effectuate
25 17 the change in the duration of the permit to acquire.
25 18 The bill provides that an issuing officer may conduct an
25 19 annual criminal history check concerning a person issued a
25 20 permit to acquire by obtaining criminal history data from the
25 21 department of public safety.
25 22 The bill specifies that the permit to acquire shall have a
25 23 uniform appearance, size, and content, but shall not contain
25 24 the permittee's social security number or specify that the
25 25 permit was issued for a particular pistol or revolver and
25 26 shall not contain any information about a particular pistol or
25 27 revolver.
25 28 DIVISION V ==== POSSESSION OF PISTOLS AND REVOLVERS BY PERSONS
25 29 UNDER 14 YEARS OF AGE ==== EFFECTIVE DATE. Under the bill, a
25 30 parent or guardian or spouse who is 21 years of age or older,
25 31 or another with the consent of the minor's parent or guardian
25 32 or spouse who is 21 years of age or older, may allow a person
25 33 under 21 years of age to possess a pistol or revolver or the
25 34 ammunition therefor, while under direct supervision, which
25 35 then may be lawfully used. Current law prohibits a parent
26 1 or guardian or spouse who is 21 years of age or older from
26 2 allowing a person under 14 years of age from possessing a
26 3 pistol or revolver or the ammunition. This provision takes
26 4 effect upon enactment.
26 5 The bill defines "direct supervision" to mean supervision
26 6 provided by the parent, guardian, or spouse who is 21 years of
26 7 age or older and who maintains visual and verbal contact at all
26 8 times with the supervised person.
26 9 Except for the circumstances under Code section 724.22(4)
26 10 (security personnel) or this bill, a person who sells, loans,
26 11 gives, or makes available a pistol or revolver or ammunition
26 12 for a pistol or revolver to a person below the age of 21 commits
26 13 a serious misdemeanor for a first offense and a class "D"
26 14 felony for second and subsequent offenses.
26 15 The bill provides that a parent or guardian who is 21 years
26 16 of age or older, of a minor under the age of 14 years, who
26 17 allows that minor to possess a pistol or revolver or the
26 18 ammunition, shall be strictly liable to an injured party for
26 19 all damages resulting from the possession of the pistol or
26 20 revolver or ammunition by the minor.
26 21 A serious misdemeanor is punishable by confinement for no
26 22 more than one year and a fine of at least $315 but not more than
26 23 $1,875. A class "D" felony is punishable by confinement for no
26 24 more than five years and a fine of at least $750 but not more
26 25 than $7,500.
26 26 DIVISION VI ==== RECORDS KEPT BY COMMISSIONER ====
26 27 CONFIDENTIALITY ==== EFFECTIVE DATE AND APPLICABILITY. Current
26 28 law requires the commissioner of public safety to maintain a
26 29 permanent record of all valid permits to carry weapons and of
26 30 current permit revocations.
26 31 The bill provides in Code section 724.23 that,
26 32 notwithstanding any other law or rule to the contrary, the
26 33 commissioner of public safety and any issuing officer (county
26 34 sheriff) shall keep confidential personally identifiable
26 35 information of holders of nonprofessional permits to carry
27 1 weapons and permits to acquire firearms. The release of any
27 2 confidential information, except as otherwise provided in the
27 3 bill, requires a court order or the consent of the person
27 4 whose personally identifiable information is the subject of
27 5 the information request. The bill does not prohibit release
27 6 of statistical information relating to the issuance, denial,
27 7 revocation, or administration of nonprofessional permits
27 8 to carry weapons and permits to acquire firearms if such
27 9 information does not reveal the identity of any individual
27 10 permit holder, the release of information to a law enforcement
27 11 agency investigating a violation of law where probable cause
27 12 exists, the release for purposes of conducting a background
27 13 check, or the release of information relating to the validity
27 14 of a professional permit to carry weapons to an employer who
27 15 requires an employee or an agent of the employer to possess
27 16 a professional permit to carry weapons as part of the duties
27 17 of the employee or agent. This provision applies to holders
27 18 of nonprofessional permits to carry weapons and permits to
27 19 acquire firearms and to applicants for nonprofessional permits
27 20 to carry weapons and permits to acquire firearms on or after
27 21 the effective date of this provision of the bill.
27 22 The provision in this division of the bill relating to the
27 23 confidentiality of personally identifiable information of
27 24 holders of nonprofessional permits to carry weapons and permits
27 25 to acquire firearms takes effect upon enactment.
27 26 DIVISION VII ==== STATE PREEMPTION. Current Code section
27 27 724.28 prohibits a political subdivision of the state from
27 28 enacting an ordinance restricting the ownership, possession,
27 29 legal transfer, lawful transportation, registration, or
27 30 licensing of firearms when the ownership, possession, transfer,
27 31 or transportation is otherwise lawful under state law.
27 32 The bill amends Code section 724.28 to provide that if a
27 33 political subdivision, prior to, on, or after July 1, 2017,
27 34 adopts, makes, enacts, or amends any ordinance, measure,
27 35 enactment, rule, resolution, motion, or policy regulating the
28 1 ownership, possession, legal transfer, lawful transportation,
28 2 registration, or licensing of firearms when the ownership,
28 3 possession, transfer, transportation, registration, or license
28 4 is otherwise lawful under the laws of this state, a person
28 5 adversely affected by the ordinance, measure, enactment, rule,
28 6 resolution, motion, or policy may file suit in the appropriate
28 7 court for declarative and injunctive relief for damages. A
28 8 court shall award reasonable attorney's fees and costs to the
28 9 prevailing plaintiff in any such suit.
28 10 DIVISION VIII ==== PISTOLS OR REVOLVERS ==== CAPITOL BUILDINGS
28 11 AND GROUNDS. The bill amends current law relating to the
28 12 authority of the director of the department of administrative
28 13 services to establish and enforce rules regulating and
28 14 restricting the use by the public of the capitol buildings and
28 15 grounds. The bill provides that the rules shall prohibit a
28 16 person from openly carrying a pistol or revolver in the capitol
28 17 building and on the grounds surrounding the capitol building
28 18 including the state parking lots and parking garages. However,
28 19 the bill specifies that the rules shall not be construed to
28 20 prohibit the carrying, transportation, or possession of any
28 21 pistol or revolver in the capitol building and on the grounds
28 22 surrounding the capitol building including the state parking
28 23 lots and parking garages when the carrying, transportation, or
28 24 possession is otherwise lawful under the laws of the state.
28 25 DIVISION IX ==== EMERGENCY POWERS. The bill provides that
28 26 Code chapter 29C, relating to a public disorder or disaster
28 27 emergency proclamation by the governor, shall not be construed
28 28 to authorize the governor or any other official of this
28 29 state or any of its political subdivisions acting at the
28 30 direction of the governor or other official to prohibit,
28 31 regulate, or curtail the otherwise lawful possession, carrying,
28 32 transportation, transfer, or defensive use of firearms or
28 33 ammunition; to suspend or revoke a permit to carry or acquire,
28 34 except as otherwise authorized under Code sections 724.6
28 35 (professional permit to carry), 724.7 (nonprofessional permit
29 1 to carry), and 724.15 (permit to acquire); or to seize or
29 2 confiscate firearms or ammunition possessed in accordance with
29 3 state law.
29 4 The bill does not prohibit the temporary closure or
29 5 limitations on the operating hours of businesses that sell
29 6 firearms or ammunition if the same operating restrictions
29 7 apply to all businesses in the affected area or the adoption
29 8 or enforcement of regulations pertaining to firearms used or
29 9 carried for official purposes by law enforcement officers or
29 10 persons acting under the authority of emergency management
29 11 agencies or officials.
29 12 The bill allows a person aggrieved by a violation of these
29 13 emergency powers provisions of the bill to seek relief in an
29 14 action at law or in equity or in any other proper proceeding
29 15 for actual damages, injunctive relief, or other appropriate
29 16 redress, including court costs and attorney fees, against a
29 17 person who commits or causes the commission of such violation.
29 18 In addition to any other remedy available at law or in equity,
29 19 a person aggrieved by the seizure or confiscation of a firearm
29 20 or ammunition in violation of the bill may file an application
29 21 pursuant to Code section 809.3 for its return in the office of
29 22 the clerk of court for the county in which the property was
29 23 seized. Court costs and attorney fees shall be awarded to a
29 24 prevailing plaintiff under these emergency powers provisions.
29 25 The bill makes conforming changes to Code sections 29C.3 and
29 26 29C.6 relating to the governor's authority under current law to
29 27 prohibit the possession of firearms or any other deadly weapon
29 28 by a person other than at that person's place of residence
29 29 or business and to suspend or limit the sale, dispensing, or
29 30 transportation of firearms.
29 31 DIVISION X ==== JUSTIFIABLE USE OF REASONABLE AND DEADLY
29 32 FORCE. Current law provides that a person may use reasonable
29 33 force, including deadly force, even if an alternative course of
29 34 action is available if the alternative action entails a risk
29 35 of life or safety, or the life or safety of a third party, or
30 1 requires one to abandon or retreat from one's residence or
30 2 place of business or employment.
30 3 The bill provides that a person may use reasonable force,
30 4 including deadly force, if it is reasonable to believe such
30 5 force is necessary to avoid injury or risk to one's life or
30 6 safety or the life or safety of another, even if an alternative
30 7 course of action is available if the alternative action entails
30 8 a risk to life or safety, or the life or safety of a third
30 9 party.
30 10 The bill provides that a person may be wrong in the
30 11 estimation of the danger or the force necessary to repel the
30 12 danger as long as there is a reasonable basis for the belief
30 13 and the person acts reasonably in the response to that belief.
30 14 The bill further provides that a person who is not engaged in
30 15 an illegal activity has no duty to retreat from any place where
30 16 the person is lawfully present before using force.
30 17 The bill provides that a threat to cause serious injury
30 18 or death by the production, display, or brandishing of a
30 19 deadly weapon, is not deadly force, as long as the actions of
30 20 the person are limited to creating an expectation that the
30 21 person may use deadly force to defend oneself, another, or as
30 22 otherwise authorized by law.
30 23 The bill creates presumptions for the justifiable use of
30 24 deadly force in certain circumstances.
30 25 Under the bill, a person is presumed to be justified in
30 26 using deadly force if the person reasonably believes that
30 27 deadly force is necessary to avoid injury or risk to one's
30 28 life or safety or the life or safety of another under the
30 29 following circumstances: the person against whom force is
30 30 used is unlawfully entering the dwelling, place of business or
30 31 employment, or occupied vehicle of the person using force by
30 32 force or stealth, or has unlawfully entered by force or stealth
30 33 and remains within a dwelling, place of business or employment,
30 34 or occupied vehicle of the person using force; or the person
30 35 against whom force is used is unlawfully removing or attempting
31 1 to remove another person against the other person's will from a
31 2 dwelling, place of business or employment, or occupied vehicle
31 3 of the person using force. In addition, the person using force
31 4 must know or have reason to believe that the aforementioned
31 5 circumstances are occurring.
31 6 The presumption of the use of justifiable deadly force
31 7 under the bill does not apply at the time force is used in the
31 8 following circumstances: the person using defensive force is
31 9 engaged in a criminal offense or activity; the person sought
31 10 to be removed is a child or grandchild or is otherwise in the
31 11 lawful custody of the person against whom force is used; the
31 12 person against whom force is used is a peace officer who has
31 13 entered or is attempting to enter a dwelling, place of business
31 14 or employment, or occupied vehicle in the lawful performance
31 15 of the peace officer's official duties; or the person against
31 16 whom force is used has the right to be in, or is a lawful
31 17 resident of, the dwelling, place of business or employment, or
31 18 occupied vehicle of the person using force, and a protective or
31 19 no=contact order is not in effect against the person against
31 20 whom the force is used.
31 21 The bill provides that a person is justified in the use of
31 22 reasonable force when the person reasonably believes that such
31 23 force is necessary to defend oneself or another from any actual
31 24 as well as imminent use of unlawful force.
31 25 The bill also provides that a person who reasonably
31 26 believes that a violent felony is being or will imminently be
31 27 perpetrated is justified in using reasonable force, including
31 28 deadly force, against a perpetrator to prevent or terminate the
31 29 perpetration of that felony. The bill defines "violent felony"
31 30 to mean any felonious assault, murder, violent or forced sexual
31 31 abuse, kidnapping, robbery, arson, or burglary.
31 32 DIVISION XI ==== FRAUDULENT PURCHASE OF FIREARMS OR
31 33 AMMUNITION. The bill provides that a person who knowingly
31 34 solicits, persuades, encourages, or entices a licensed firearms
31 35 dealer or private seller of firearms or ammunition to transfer
32 1 a firearm or ammunition under circumstances that the person
32 2 knows would violate the laws of this state or of the United
32 3 States commits a class "D" felony. A person who knowingly
32 4 provides materially false information to a licensed firearms
32 5 dealer or private seller of firearms or ammunition with the
32 6 intent to deceive the firearms dealer or seller about the
32 7 legality of a transfer of a firearm or ammunition commits a
32 8 class "D" felony. Any person who willfully procures another to
32 9 engage in conduct prohibited by this Code section shall be held
32 10 accountable as a principal.
32 11 The Code section does not apply to a law enforcement officer
32 12 acting in the officer's official capacity or to a person acting
32 13 at the direction of such law enforcement officer.
32 14 DIVISION XII ==== SNOWMOBILES AND ALL=TERRAIN VEHICLES.
32 15 The bill modifies the requirements for carrying a pistol or
32 16 revolver when operating a snowmobile or all=terrain vehicle on
32 17 land that is not owned or possessed by the person. In addition
32 18 to carrying a permit to carry weapons on the person and acting
32 19 within the limits of the permit, current law requires a person
32 20 operating or riding on a snowmobile or all=terrain vehicle,
32 21 with a loaded pistol or revolver, to secure the loaded pistol
32 22 or revolver in a retention holster, if the person is operating
32 23 or riding a snowmobile or all=terrain vehicle on land that is
32 24 not owned or possessed by the person.
32 25 The bill strikes the requirements that the loaded pistol or
32 26 revolver be secured in a retention holster and that a person
32 27 has in the person's possession a valid permit to carry weapons
32 28 which has been issued to the person, and act within the limits
32 29 of that permit. Thus, the change in the bill allows a person
32 30 operating or riding on a snowmobile or all=terrain vehicle to
32 31 carry a loaded pistol or revolver without a retention holster
32 32 and without a permit to carry weapons as long as the person's
32 33 conduct is otherwise lawful.
32 34 The bill does not modify the requirement, applicable to most
32 35 persons, that a firearm, other than a pistol or revolver, be
33 1 unloaded and enclosed in a carrying case while a person is
33 2 operating or riding on a snowmobile or all=terrain vehicle on
33 3 land that is not owned or possessed by the person.
33 4 DIVISION XIII == TARGET SHOOTING == PRIVATE PREMISES. The
33 5 bill provides that subject to the restrictions under Code
33 6 section 481A.123(1), an owner or tenant of private premises
33 7 located in an unincorporated area of a county, or a person to
33 8 whom the owner or tenant has given consent, may discharge a
33 9 firearm for the purpose of target shooting on those private
33 10 premises. The bill specifies that the use of such private
33 11 premises for target shooting shall not be found to be a
33 12 violation of a noise ordinance or declared a public or private
33 13 nuisance or be otherwise prohibited under state or local law.
LSB 1396HV (3) 87
jm/rh/rj