House Study Bill 173 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON THOMPSON) A BILL FOR An Act relating to the transferring, carrying, transportation, 1 and possession of weapons by certain persons and in certain 2 locations, and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1405YC (6) 90 js/rh
H.F. _____ DIVISION I 1 EMPLOYER POLICIES REGARDING FIREARMS AND AMMUNITION 2 DEPARTMENT OF CORRECTIONS AND OTHER DETENTION FACILITIES 3 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 Limitation on employers 18 firearms and ammunition. 19 1. For purposes of this section: 20 a. Employee means the same as defined in section 91A.2. 21 Employee also includes a contract employee or volunteer. 22 b. Place of employment includes any property, including 23 a secure parking lot, that is used for parking motor vehicles 24 and is available to an employers customers, employees, or 25 invitees for temporary or long-term parking or storage of motor 26 vehicles. 27 2. An employer shall not prohibit an employee from carrying, 28 transporting, or possessing a firearm or ammunition if the 29 firearm and ammunition are out of sight and inside a locked, 30 privately owned motor vehicle on the real property comprising 31 the employees place of employment and if the carrying, 32 transportation, or possession of the firearm or ammunition is 33 otherwise lawful under the laws of this state. 34 3. An employer, owner, or lawful possessor of the property 35 -1- LSB 1405YC (6) 90 js/rh 1/ 13
H.F. _____ on which the employer is located shall be immune from any 1 claim, cause of action, or lawsuit brought by any person 2 seeking damages that are alleged, directly or indirectly, as a 3 result of any firearm or ammunition brought onto the property 4 of the employer, owner, or lawful possessor by an employee 5 pursuant to this section. 6 4. An employer may prohibit an employee from carrying, 7 transporting, or possessing a firearm or ammunition in a 8 vehicle owned or leased by the employer or otherwise under the 9 employers control or possession. 10 5. The prohibitions in this section shall apply to all 11 private employers and to all state and local governmental 12 entities of this state as defined in section 8A.101. 13 6. This section shall not apply to the extent that it 14 violates federal or other state law or the terms of a contract 15 with a federal entity. 16 Sec. 3. EFFECTIVE DATE. This division of this Act, being 17 deemed of immediate importance, takes effect upon enactment. 18 DIVISION II 19 FIREARMS ON SCHOOL PROPERTY 20 Sec. 4. NEW SECTION . 285.17 Weapons in school vehicles 21 transporting pupils. 22 When transportation is provided pursuant to this chapter, 23 a driver shall not permit firearms or other weapons, nor 24 ammunition, to be carried in the passenger compartment of any 25 school vehicle transporting pupils except when the school 26 district or nonpublic school authorizes or directs a person 27 to carry, transport, or possess a firearm, other weapon, or 28 ammunition in the school vehicle. 29 Sec. 5. Section 724.4B, subsection 2, Code 2023, is amended 30 by adding the following new paragraphs: 31 NEW PARAGRAPH . i. A person, whether a driver or passenger 32 and including a person authorized or directed pursuant to 33 section 285.17, while the person is dropping off or picking 34 up from a school a student, staff member, or other person 35 -2- LSB 1405YC (6) 90 js/rh 2/ 13
H.F. _____ having business at the school, or while the person is making 1 a delivery or pickup at a school, who has in the persons 2 possession a valid permit to carry weapons issued pursuant 3 to section 724.7, while going armed with, carrying, or 4 transporting a concealed pistol or revolver if the concealed 5 pistol or revolver remains in the vehicle and the vehicle 6 remains on the portion of the grounds of the school that 7 comprises its driveways and parking areas. 8 NEW PARAGRAPH . j. A person retired under chapter 97A 9 or 411, or section 97B.49B or 97B.49C, after service as a 10 peace officer who retired in good standing, who maintains 11 certification, and who, during the most recent twelve-month 12 period, has met the standards for qualifications in firearm 13 safety training determined by the state agency or political 14 subdivision that the person formerly served. 15 Sec. 6. EFFECTIVE DATE. This division of this Act, being 16 deemed of immediate importance, takes effect upon enactment. 17 DIVISION III 18 DANGEROUS WEAPONS IN VEHICLES AT REGENTS UNIVERSITIES AND 19 COMMUNITY COLLEGE CAMPUSES 20 Sec. 7. NEW SECTION . 260C.14B Limitation on authority 21 dangerous weapons. 22 The board of directors of a community college shall comply 23 with the requirements of section 724.8C regarding policies and 24 rules relating to the carrying, transportation, or possession 25 of dangerous weapons, as defined in section 702.7, in a 26 personal vehicle on the grounds of the community college. 27 Sec. 8. NEW SECTION . 262.9E Limitation on authority 28 dangerous weapons. 29 The state board of regents shall comply with the 30 requirements of section 724.8C regarding policies and rules 31 relating to the carrying, transportation, or possession of 32 dangerous weapons, as defined in section 702.7, in a personal 33 vehicle on the grounds of a university under the control of the 34 state board of regents. 35 -3- LSB 1405YC (6) 90 js/rh 3/ 13
H.F. _____ Sec. 9. NEW SECTION . 724.8C Limitation on authority 1 dangerous weapons public universities and community colleges. 2 The governing board of a university under the control 3 of the state board of regents as provided in chapter 262 4 or a community college under the jurisdiction of a board 5 of directors for a merged area as provided in chapter 260C 6 shall not adopt or enforce any policy or rule that prohibits 7 the carrying, transportation, or possession of any dangerous 8 weapon, as defined in section 702.7, in a personal vehicle on 9 the grounds of such a college or university if the dangerous 10 weapon is not visible from outside of the vehicle and such 11 carrying, transportation, or possession is not otherwise 12 prohibited under this chapter. A governing board of a 13 university or community college shall be immune from any 14 claim, cause of action, or lawsuit by a person seeking damages 15 that are alleged, directly or indirectly, as a result of 16 any concealed dangerous weapon brought onto the grounds of 17 a university or college campus by a person pursuant to this 18 section. 19 DIVISION IV 20 INSURANCE COVERAGE FIREARMS ON SCHOOL GROUNDS 21 Sec. 10. NEW SECTION . 515.80 Nondenial of property and 22 casualty insurance schools. 23 1. For purposes of this section, unless the context 24 otherwise requires: 25 a. Authorized insurer means an insurer authorized by 26 the commissioner of insurance to write property and casualty 27 insurance under a certificate of authority issued by the 28 commissioner to transact insurance in this state. 29 b. School means a public or nonpublic school as defined 30 in section 280.2. 31 2. No later than December 31, 2023, the commissioner of 32 insurance shall adopt rules that prohibit an authorized insurer 33 from denying property and casualty insurance to a school 34 based solely on the presence of a person authorized under 35 -4- LSB 1405YC (6) 90 js/rh 4/ 13
H.F. _____ section 724.4B, subsection 2, going armed with, carrying, or 1 transporting a firearm on the grounds of a school. 2 3. The rules adopted by the commissioner of insurance under 3 subsection 2 shall apply to all authorized insurers that, on or 4 after January 1, 2024, deliver, issue for delivery, continue, 5 or renew a property and casualty contract in this state for a 6 school. 7 DIVISION V 8 GUNS IN VEHICLES ON PUBLIC HIGHWAYS 9 Sec. 11. Section 805.8B, subsection 3, paragraph q, Code 10 2023, is amended by striking the paragraph. 11 Sec. 12. REPEAL. Section 483A.36, Code 2023, is repealed. 12 Sec. 13. EFFECTIVE DATE. This division of this Act, being 13 deemed of immediate importance, takes effect upon enactment. 14 DIVISION VI 15 SUSPENSION AND REVOCATION OF PERMITS 16 Sec. 14. Section 724.13, subsection 1, Code 2023, is amended 17 to read as follows: 18 1. An issuing officer who finds that a person issued a 19 permit to carry weapons under this chapter has been arrested 20 for a disqualifying offense or is the subject of proceedings 21 that could lead to the persons ineligibility for such permit 22 may immediately suspend such permit. An issuing officer 23 proceeding under this section shall immediately notify 24 the permit holder of the suspension by personal service or 25 certified mail on a form prescribed and published by the 26 commissioner of public safety and the suspension shall become 27 effective upon the permit holders receipt of such notice. If 28 the suspension is based on an arrest or a proceeding that does 29 not result in a disqualifying conviction or finding against 30 the permit holder, the issuing officer shall immediately 31 reinstate the permit upon receipt of proof of the matters 32 final disposition. If the arrest leads to a disqualifying 33 conviction or the proceedings to a disqualifying finding, the 34 issuing officer shall revoke the permit. The issuing officer 35 -5- LSB 1405YC (6) 90 js/rh 5/ 13
H.F. _____ may also revoke the permit of a person whom the issuing officer 1 later finds was not qualified for such a permit at the time 2 of issuance or who whom the officer finds provided materially 3 false information on the permit application. A person 4 aggrieved by a suspension or revocation under this section may 5 seek review of the decision pursuant to section 724.21A . 6 Sec. 15. Section 724.15, subsection 3, Code 2023, is amended 7 to read as follows: 8 3. An issuing officer who finds that a person issued a 9 permit to acquire pistols or revolvers under this chapter has 10 been arrested for a disqualifying offense or is the subject of 11 proceedings that could lead to the persons ineligibility for 12 such permit may immediately suspend such permit. An issuing 13 officer proceeding under this subsection shall immediately 14 notify the permit holder of the suspension by personal service 15 or certified mail on a form prescribed and published by the 16 commissioner of public safety and the suspension shall become 17 effective upon the permit holders receipt of such notice. If 18 the suspension is based on an arrest or a proceeding that does 19 not result in a disqualifying conviction or finding against 20 the permit holder, the issuing officer shall immediately 21 reinstate the permit upon receipt of proof of the matters 22 final disposition. If the arrest leads to a disqualifying 23 conviction or the proceedings to a disqualifying finding, the 24 issuing officer shall revoke the permit. The issuing officer 25 may also revoke the permit of a person whom the issuing officer 26 later finds was not qualified for such a permit at the time of 27 issuance or whom the officer finds provided materially false 28 information on the permit application. A person aggrieved by a 29 suspension or revocation under this subsection may seek review 30 of the decision pursuant to section 724.21A . 31 DIVISION VII 32 CARRYING WEAPONS ON STATE FAIRGROUNDS 33 Sec. 16. NEW SECTION . 724.33 Carrying weapons on state 34 fairgrounds. 35 -6- LSB 1405YC (6) 90 js/rh 6/ 13
H.F. _____ The state fair board established in chapter 173 may restrict 1 the carrying, possession, or transportation of firearms or 2 other dangerous weapons on property under the state fair 3 boards control if adequate arrangements are made by the state 4 fair board to screen persons for firearms or other dangerous 5 weapons and the state fair board provides armed security 6 personnel on the property where the restriction is to be in 7 effect. 8 DIVISION VIII 9 CARRYING FIREARMS ON SNOWMOBILES AND ALL-TERRAIN VEHICLES 10 Sec. 17. Section 321G.13, subsection 2, Code 2023, is 11 amended to read as follows: 12 2. a. A person shall not operate or ride a snowmobile with 13 a firearm in the persons possession unless it is unloaded and 14 enclosed in a carrying case, except as otherwise provided. 15 However, a nonambulatory person may carry an uncased and 16 unloaded firearm while operating or riding a snowmobile. 17 b. (1) A person may operate or ride a snowmobile with a 18 loaded firearm, whether concealed or not, without a permit to 19 carry weapons, if the person operates or rides on land owned, 20 possessed, or rented by the person and the persons conduct is 21 otherwise lawful. 22 (2) A person may operate or ride a snowmobile with a loaded 23 pistol or revolver, whether concealed or not, if the person is 24 operating or riding the snowmobile on land that is not owned, 25 possessed, or rented by the person, and the persons conduct is 26 otherwise lawful. 27 c. A person shall not discharge a firearm while on a 28 snowmobile, except that a nonambulatory person may discharge a 29 firearm from a snowmobile while lawfully hunting if the person 30 is not operating or riding a moving snowmobile. 31 Sec. 18. Section 321I.14, subsection 2, Code 2023, is 32 amended to read as follows: 33 2. a. A person shall not operate or ride an all-terrain 34 vehicle with a firearm in the persons possession unless it is 35 -7- LSB 1405YC (6) 90 js/rh 7/ 13
H.F. _____ unloaded and enclosed in a carrying case, except as otherwise 1 provided. However, a nonambulatory person may carry an uncased 2 and unloaded firearm while operating or riding an all-terrain 3 vehicle. 4 b. (1) A person may operate or ride an all-terrain vehicle 5 with a loaded firearm, whether concealed or not, without a 6 permit to carry weapons, if the person operates or rides on 7 land owned, possessed, or rented by the person and the persons 8 conduct is otherwise lawful. 9 (2) A person may operate or ride an all-terrain vehicle with 10 a loaded pistol or revolver, whether concealed or not, if the 11 person is operating or riding the all-terrain vehicle on land 12 that is not owned, possessed, or rented by the person, and the 13 persons conduct is otherwise lawful. 14 c. A person shall not discharge a firearm while on an 15 all-terrain vehicle, except that a nonambulatory person may 16 discharge a firearm from an all-terrain vehicle while lawfully 17 hunting if the person is not operating or riding a moving 18 all-terrain vehicle. 19 Sec. 19. EFFECTIVE DATE. This division of this Act, being 20 deemed of immediate importance, takes effect upon enactment. 21 DIVISION IX 22 FIREARMS ON PROPERTIES LICENSED TO CONDUCT GAMBLING GAMES OR 23 SPORTS WAGERING 24 Sec. 20. NEW SECTION . 99D.7A Limitations on rules. 25 Rules adopted pursuant to section 99D.7 shall not prohibit 26 a licensee from authorizing a person to possess a firearm on 27 the licensees property. This subsection does not prohibit 28 a licensee from adopting a policy limiting the possession of 29 firearms on the licensees property. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanations substance by the members of the general assembly. 33 This bill relates to the transferring, carrying, 34 transportation, and possession of weapons by certain persons 35 -8- LSB 1405YC (6) 90 js/rh 8/ 13
H.F. _____ and in certain locations. The bill is organized by divisions. 1 DIVISION I EMPLOYER POLICIES REGARDING FIREARMS AND 2 AMMUNITION DEPARTMENT OF CORRECTIONS AND OTHER DETENTION 3 FACILITIES PARKING LOTS. The bill provides that the current 4 prohibition against introducing contraband into, or onto, 5 the grounds of certain facilities and institutions under the 6 jurisdiction of the department of corrections does not apply to 7 the otherwise lawful carrying, transportation, or possession of 8 a firearm or ammunition if the firearm or ammunition remains 9 out of sight and inside a locked vehicle on the real property 10 comprising the publicly accessible, nonsecure parking lot of 11 the secure facility, jail, or institution. 12 The bill prohibits an employer from prohibiting an employee 13 from carrying, possessing, or transporting a firearm or 14 ammunition on the real property comprising the employees place 15 of employment if the firearm or ammunition is out of sight 16 and inside a locked, privately owned motor vehicle and if the 17 carrying, transportation, or possession of the firearm or 18 ammunition is otherwise lawful under the laws of this state. 19 The bill defines employee, which includes a contract employee 20 or volunteer. The bill provides that an employer, owner, 21 or lawful possessor of the property on which the employer 22 is located is immune from any claim, cause of action, or 23 lawsuit seeking damages alleged as a result of any firearm 24 brought onto the property of the employer, owner, or lawful 25 possessor on which the employer is located by an employee. The 26 bill provides situations for which an employer may prohibit 27 the carrying, transportation, or possession of firearms and 28 ammunition. 29 This division of the bill takes effect upon enactment. 30 DIVISION II FIREARMS ON SCHOOL PROPERTY. Under 31 current administrative rules, the driver of a school vehicle 32 transporting pupils shall not permit firearms or other weapons, 33 nor ammunition, to be carried in the passenger compartment. 34 The bill allows a school district or nonpublic school to 35 -9- LSB 1405YC (6) 90 js/rh 9/ 13
H.F. _____ authorize or direct a person to carry, transport, or possess a 1 firearm, other weapon, or ammunition in a school vehicle. 2 Current law generally prohibits a person from going 3 armed with, carrying, or transporting a firearm of any kind, 4 whether concealed or not, on the grounds of a school. The 5 bill authorizes a person, whether a driver or passenger and 6 including a person authorized or directed pursuant to the bill, 7 while the person is dropping off or picking up from a school a 8 student, staff member, or other person having business at the 9 school, or while the person is making a delivery or pickup at a 10 school, who has in the persons possession a valid permit to 11 carry weapons to go armed with, carry, or transport a concealed 12 pistol or revolver on school grounds if the concealed pistol 13 or revolver remains in the vehicle and the vehicle remains 14 on the portion of the grounds of the school that comprises 15 its driveways and parking areas. The bill also authorizes a 16 retired peace officer to go armed with, carry, or transport 17 a firearm on the grounds of a school if the retired peace 18 officer retired in good standing, maintains certification, and, 19 during the most recent 12-month period, has met the standards 20 for qualifications in firearm safety training determined by 21 the state agency or political subdivision that the individual 22 formerly served. 23 This division of the bill takes effect upon enactment. 24 DIVISION III DANGEROUS WEAPONS IN VEHICLES AT REGENTS 25 UNIVERSITIES AND COMMUNITY COLLEGE CAMPUSES. The bill provides 26 that the governing board of a university under the control of 27 the state board of regents as provided in Code chapter 262 28 or a community college under the jurisdiction of a board of 29 directors for a merged area as provided in Code chapter 260C 30 shall not adopt or enforce any policy or rule that prohibits 31 the carrying, transportation, or possession of any dangerous 32 weapon, as defined in Code section 702.7, in a personal vehicle 33 on the grounds of such a college or university if the dangerous 34 weapon is not visible from outside of the vehicle and such 35 -10- LSB 1405YC (6) 90 js/rh 10/ 13
H.F. _____ carrying, transportation, or possession is not otherwise 1 prohibited under Code chapter 724. 2 A dangerous weapon is any instrument or device designed 3 primarily for use in inflicting death or injury upon a human 4 being or animal, and that is capable of inflicting death upon a 5 human being when used in the manner for which it was designed, 6 except a bow and arrow when possessed and used for hunting or 7 any other lawful purpose. Additionally, any instrument or 8 device of any sort whatsoever that is actually used in such a 9 manner as to indicate that the defendant intends to inflict 10 death or serious injury upon the other, and that, when so 11 used, is capable of inflicting death upon a human being, is a 12 dangerous weapon. Dangerous weapons, as amended in the bill, 13 include but are not limited to any pistol, revolver, or other 14 firearm, dagger, razor, stiletto, switchblade knife, knife 15 having a blade exceeding five inches in length, or any portable 16 device or weapon directing an electric current, impulse, 17 wave, or beam that produces a high-voltage pulse designed to 18 immobilize a person. 19 DIVISION IV INSURANCE COVERAGE FIREARMS ON SCHOOL 20 GROUNDS. The bill requires the commissioner of insurance to 21 adopt rules no later than December 31, 2023, to prohibit an 22 authorized insurer from denying property or casualty insurance 23 to a school based solely on the presence of a person who 24 lawfully goes armed with, carries, or transports a firearm on 25 the grounds of a school. 26 DIVISION V GUNS IN VEHICLES ON PUBLIC HIGHWAYS. Unless 27 otherwise permitted by law, current law generally prohibits 28 a person from having or carrying a gun in or on a vehicle 29 on a public highway unless the gun is taken down or totally 30 contained in a fastened case and with its barrels and attached 31 magazines unloaded. A person conveying an assembled, unloaded 32 gun is subject to a scheduled fine of $35. A person conveying 33 a loaded gun is subject to a scheduled fine of $70. The bill 34 repeals the prohibition and strikes the associated scheduled 35 -11- LSB 1405YC (6) 90 js/rh 11/ 13
H.F. _____ fines. 1 This division of the bill takes effect upon enactment. 2 DIVISION VI SUSPENSION AND REVOCATION OF PERMITS. Under 3 current law, an issuing officer who finds that a person issued 4 a permit to carry weapons or a permit to acquire pistols 5 or revolvers has been arrested for a disqualifying offense 6 or is the subject of proceedings that could lead to the 7 persons ineligibility for such permit may immediately suspend 8 such permit. If the suspension is based on an arrest or a 9 proceeding that does not result in a disqualifying conviction 10 or finding against the permit holder, the issuing officer 11 shall immediately reinstate the permit upon receipt of proof 12 of the matters final disposition. If the arrest leads to a 13 disqualifying conviction or the proceedings to a disqualifying 14 finding, the issuing officer shall revoke the permit. The bill 15 strikes the provisions requiring an officer to immediately 16 reinstate or revoke a permit. 17 DIVISION VII CARRYING WEAPONS ON STATE FAIRGROUNDS. 18 The bill provides that the state fair board may restrict the 19 carrying, possession, or transportation of firearms or other 20 dangerous weapons on property under the state fair boards 21 control if adequate arrangements are made by the state fair 22 board to screen persons for firearms or other dangerous weapons 23 and the state fair board provides armed security personnel on 24 the property where the restriction is to be in effect. 25 DIVISION VIII CARRYING FIREARMS ON SNOWMOBILES AND 26 ALL-TERRAIN VEHICLES. Current law prohibits a person from 27 operating or riding a snowmobile or all-terrain vehicle with a 28 loaded firearm in the persons possession unless the person is 29 operating or riding the snowmobile or all-terrain vehicle on 30 land that is owned, possessed, or rented by the person, and the 31 persons conduct is otherwise lawful. Additionally, a person 32 may operate or ride a snowmobile or all-terrain vehicle with a 33 loaded pistol or revolver on land that is not owned, possessed, 34 or rented by the person if the persons conduct is otherwise 35 -12- LSB 1405YC (6) 90 js/rh 12/ 13
H.F. _____ lawful. The bill strikes these prohibitions and exceptions. 1 This division of the bill takes effect upon enactment. 2 DIVISION IX FIREARMS ON PROPERTIES LICENSED TO CONDUCT 3 GAMBLING GAMES OR SPORTS WAGERING. Current administrative 4 rules prevent a patron or employee of a facility licensed to 5 conduct gambling games or sports wagering from possessing any 6 pistol or firearm within the licensed facility without the 7 express written approval of the administrator of the racing 8 and gaming commission (commission). The bill provides that 9 the administrative rules adopted by the commission shall not 10 prohibit a licensee from authorizing a person to possess a 11 firearm on the licensees property. The bill does not prohibit 12 a licensee from adopting a policy limiting the possession of 13 firearms on the licensees property. 14 -13- LSB 1405YC (6) 90 js/rh 13/ 13