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Amendments › HF 654

Amendment H-1206 to HF 654

Relating to the carrying, transportation, and possession of and educational programs about weapons, and including effective date provisions

Adopted · April 12, 2023Strike everything: replaces the whole bill

Filed April 11, 2023 in the House by

What it changes

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

Official amendment (PDF) · In the Bill Book