Relating to the conveyance of guns in or on vehicles on public highways

Description

House File 2476 repeals the prohibition on having or carrying a gun in or on a vehicle on a public highway unless the gun is taken down or totally contained in a securely fastened case with its barrels and attached magazines unloaded pursuant to Iowa Code section 483A.36. The Bill also strikes the associated scheduled fines in Iowa Code section 805.8B(3)(q).

Background

Unless otherwise permitted by law, a person is prohibited from having or carrying a gun in or on a vehicle on a public highway unless the gun is taken down or totally contained in a fastened case with its barrels and attached magazines unloaded. A person conveying an assembled, unloaded gun is subject to a scheduled fine of $35. A person conveying a loaded gun is subject to a scheduled fine of $70.

Assumptions

• Patterns and trends related to violations of Iowa Code section 483A.36 will not change.
• Fine revenue is distributed pursuant to Iowa Code section 602.8106.
• All those convicted for violations of Iowa Code section 483A.36 paid the relevant fine, surcharges, and court costs.

Correctional Impact

House File 2476 eliminates a scheduled fine and is estimated to reduce convictions by 128 per year, as shown in Table 1. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 18, 2022, for information related to the correctional system.

Table 1 — Estimated Reduction in Convictions

Minority Impact

House File 2476 is estimated to have a minority impact. As shown in Table 2, African Americans represented 8.6% of those convicted under Iowa Code section 483A.36 in FY 2021. The U.S. Census estimate as of July 2020 states that Iowa’s population was 3.9% African American. House File 2476 would eliminate this offense and its associated disparity. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 18, 2022, for information related to minorities in the criminal justice system. 483A.36 — Loaded $70 76 483A.36 — Unloaded $35 52 Total 128 Table 2 — FY 2021 Minority Conviction Data

Fiscal Impact

House File 2476 is estimated to decrease revenue by approximately $15,000. As shown in Table 3, this decrease would impact the State General Fund, county general funds, the Victim Compensation Fund, the Criminalistics Laboratory Fund, the Drug Abuse Resistance Education Fund, and the Juvenile Home Detention Fund.

Table 3 — SF 2317, Revenue Decrease

Source

• Criminal and Juvenile Justice Planning Division, Department of Human Rights