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