Proyectos de ley › 90.ª Asamblea General
Relating to the carrying, transportation, and possession of and educational programs about weapons, and including effective date provisions
Presentado por el comité Public Safety (companion To Lsb 1405sv By Committee on Judiciary) de la Cámara
Dónde está ahora
- Hecho: Presentado16 de febrero de 2023
- Hecho: Subcomité16 de febrero de 2023
- Hecho: Comité de la Cámara2 de marzo de 2023
- Hecho: Lo aprueba la Cámara12 de abril de 202362–37
- Se detuvo: Comité del SenadoMurió al terminar la Asamblea General
- Sigue: Lo aprueba el Senado
- Sigue: A gobernador(a)
- Sigue: Firmado como ley
Murió al terminar la sesión La sesión de 2024 terminó el 19 de abril de 2024, la última sesión ordinaria de la Asamblea General. Los proyectos que no pasaron por ambas cámaras murieron. ¿Qué es el embudo (funnel)?
Qué contiene
Resumen con IA Employers, schools, and colleges generally cannot stop people from keeping firearms or weapons in locked, private vehicles that are out of sight. This change also allows certain people, like retired police officers, to have weapons on school grounds under specific conditions. Additionally, the bill removes certain rules and fines regarding carrying firearms in vehicles on highways or while using snowmobiles and all-terrain vehicles. (Todavía no está traducido al español.)1
Lea la explicación oficial (en inglés)
This bill relates to the carrying, transportation, and possession of weapons by certain persons and in certain locations. The bill is organized by divisions. DIVISION I —— EMPLOYER POLICIES REGARDING FIREARMS AND AMMUNITION —— DEPARTMENT OF CORRECTIONS AND OTHER DETENTION FACILITIES —— PARKING LOTS. The bill provides that the current prohibition against introducing contraband into, or onto, the grounds of certain facilities and institutions under the jurisdiction of the department of corrections does not apply to 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 secure facility, jail, or institution. The bill prohibits an employer from prohibiting an employee from carrying, possessing, or transporting a firearm or ammunition on the real property comprising the employee’s place of employment if the firearm or ammunition is out of sight and inside a locked, privately owned motor vehicle and if the carrying, transportation, or possession of the firearm or ammunition is otherwise lawful under the laws of this state. The bill defines “employee”, which includes a contract employee or volunteer. The bill provides that an employer, owner, or lawful possessor of the property on which the employer is located is immune from any claim, cause of action, or lawsuit seeking damages alleged as a result of any firearm brought onto the property of the employer, owner, or lawful possessor on which the employer is located by an employee. The bill provides situations for which an employer may prohibit the carrying, transportation, or possession of firearms and ammunition. This division of the bill takes effect upon enactment. DIVISION II —— FIREARMS ON SCHOOL PROPERTY. Under current administrative rules, the driver of a school vehicle transporting pupils shall not permit firearms or other weapons, nor ammunition, to be carried in the passenger compartment. The bill allows a school district or nonpublic school to authorize or direct a person to carry, transport, or possess a firearm, other weapon, or ammunition in a school vehicle. Current law generally prohibits a person from going armed with, carrying, or transporting a firearm of any kind, whether concealed or not, on the grounds of a school. The bill authorizes a person, whether a driver or passenger and including a person authorized or directed pursuant to the bill, 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 to go armed with, carry, or transport a concealed pistol or revolver on school grounds 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. The bill also authorizes a retired peace officer to go armed with, carry, or transport a firearm on the grounds of a school if the retired peace officer retired in good standing, maintains certification, and, during the most recent 12-month period, has met the standards for qualifications in firearm safety training determined by the state agency or political subdivision that the individual formerly served. This division of the bill takes effect upon enactment. DIVISION III —— DANGEROUS WEAPONS IN VEHICLES AT REGENTS UNIVERSITIES AND COMMUNITY COLLEGE CAMPUSES.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 Code chapter 724. A dangerous weapon is any instrument or device designed primarily for use in inflicting death or injury upon a human being or animal, and that is capable of inflicting death upon a human being when used in the manner for which it was designed, except a bow and arrow when possessed and used for hunting or any other lawful purpose. Additionally, any instrument or device of any sort whatsoever that is actually used in such a manner as to indicate that the defendant intends to inflict death or serious injury upon the other, and that, when so used, is capable of inflicting death upon a human being, is a dangerous weapon. Dangerous weapons, as amended in the bill, include but are not limited to any pistol, revolver, or other firearm, dagger, razor, stiletto, switchblade knife, knife having a blade exceeding five inches in length, or any portable device or weapon directing an electric current, impulse, wave, or beam that produces a high-voltage pulse designed to immobilize a person. DIVISION IV —— INSURANCE COVERAGE —— FIREARMS ON SCHOOL GROUNDS. The bill requires the commissioner of insurance to adopt rules no later than December 31, 2023, to prohibit an authorized insurer from denying property or casualty insurance to a school based solely on the presence of a person who lawfully goes armed with, carries, or transports a firearm on the grounds of a school. DIVISION V —— GUNS IN VEHICLES ON PUBLIC HIGHWAYS. Unless otherwise permitted by law, current law generally prohibits a person 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 and 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. The bill repeals the prohibition and strikes the associated scheduled fines. This division of the bill takes effect upon enactment. DIVISION VI —— CARRYING FIREARMS ON SNOWMOBILES AND ALL-TERRAIN VEHICLES. Current law prohibits a person from operating or riding a snowmobile or all-terrain vehicle with a loaded firearm in the person’s possession unless the person is operating or riding the snowmobile or all-terrain vehicle on land that is owned, possessed, or rented by the person, and the person’s conduct is otherwise lawful. Additionally, a person may operate or ride a snowmobile or all-terrain vehicle with a loaded pistol or revolver on land that is not owned, possessed, or rented by the person if the person’s conduct is otherwise lawful. The bill strikes these prohibitions and exceptions. This division of the bill takes effect upon enactment. DIVISION VII —— FIREARMS ON PROPERTIES LICENSED TO CONDUCT GAMBLING GAMES OR SPORTS WAGERING. Current administrative rules prevent a patron or employee of a facility licensed to conduct gambling games or sports wagering from possessing any pistol or firearm within the licensed facility without the express written approval of the administrator of the racing and gaming commission (commission). The bill provides that the administrative rules adopted by the commission shall not prohibit a licensee from authorizing a person to possess a firearm on the licensee’s property. The bill does not prohibit a licensee from adopting a policy limiting the possession of firearms on the licensee’s property.
Cambiado después por las enmiendas H-1242, H-1213, H-1206; vea Enmiendas.
House subcommittee
Named February 16, 2023 (as HSB 173). On February 21, 2023 it recommended passage. Vote Total: 2-1.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
1 comentario público por escrito a su subcomité: 1 de marzo de 2023 (1) · en el sitio de la Legislatura
Nota fiscal
Can’t be estimated Compare con otros proyectos
Resumen con IA This bill makes various changes to Iowa's weapons laws regarding carrying and transporting firearms at correctional facilities, schools, universities, and on public highways. The fiscal impact of several sections cannot be determined, though local schools and school districts may face increased insurance costs and minimal operational costs. The removal of fines for conveying unsecured firearms on public highways may result in a minimal reduction in General Fund revenue per year. (en inglés)3
Lea la nota fiscal (en inglés)
Description
House File 654 relates to the carrying, transporting, and possessing of weapons by certain persons and in certain locations, and makes numerous changes to Iowa’s existing weapons laws. Table 1, at the end of this Fiscal Note, summarizes the correctional, minority, and fiscal impacts of the Bill.
Division I — Employer Policies Regarding Firearms and Ammunition — Department of Corrections and Other Detention Facilities — Parking Lots
Description
Division I creates an exception for the otherwise lawful carrying, transporting, and possessing of a firearm or ammunition on the grounds of certain facilities and institutions under the Department of Corrections if the firearm or ammunition remains out of sight and inside a locked vehicle.
Additionally, Division I prohibits an employer from prohibiting an employee from carrying, transporting, or possessing a firearm or ammunition on the real property of the employee’s place of employment if the firearm or ammunition remains out of sight and inside a locked vehicle, and if the carrying, transporting, or possessing of the firearm or ammunition is otherwise lawful. Division I provides that an employer, owner, or otherwise lawful possessor of said property is immune from any claims, cause of action, or lawsuit seeking damages as a result of any firearm brought onto the property by an employee. The employer may prohibit an employee from carrying, transporting, or possessing a firearm or ammunition in a vehicle owned or leased by the employer. Division I also provides definitions.
Division I takes effect upon enactment.
Background
In FY 2022, there were two convictions under Iowa Code section 719.7 for nonprisoners possessing weapons in a correctional facility. The possession of a weapon on correctional facility property is a Class C felony punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660.
It is not known how many weapons violations by employees occurred in FY 2022, as these would fall under Iowa Code section 724.4 related to carrying weapons, which does not specify where the event takes place.
Assumption
The number of past convictions that occurred under the exceptions established in the Bill is unknown.
Fiscal Impact
The fiscal impact of Division I cannot be determined because the number of impacted convictions is unknown.
Division II — Firearms on School Property
Description
Division II allows a school district or nonpublic school to authorize or direct a person to carry, transport, or possess a firearm, other weapon, or ammunition in a school vehicle. Division II authorizes a person, who has in the person’s possession a valid permit to carry weapons, to go armed with, carry, or transport a concealed pistol or revolver on school grounds if the concealed weapon remains in the vehicle and the vehicle remains on areas of the grounds that comprise its driveways and parking area. The vehicle is required to be locked when unattended.
Division II also authorizes a retired peace officer to go armed with, carry, or transport a firearm on school grounds if the peace officer retired in good standing, maintains certifications, and meets additional qualifications.
Division II takes effect upon enactment.
Background
Currently, administrative rules prohibit a person from carrying, transporting, or possessing a firearm, other weapon, or ammunition in a school vehicle.
In FY 2022, there were a total of three convictions for carrying a weapon on school grounds under Iowa Code section 724.4B. Under current law, a person who goes armed with, carries, or transports a firearm of any kind, concealed or not, on the grounds of a school commits a Class D felony. A Class D felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
It is not known how many weapons violations occurred in areas exempt by this Division in FY 2022, as these would fall under Iowa Code section 724.4 related to carrying weapons, which does not specify where the event takes place.
Assumptions
- Insurance companies, in conjunction with an individual school or school district, will evaluate the need to update existing individual school or school district insurance policies related to the exception for being armed with, carrying, or transporting firearms on specific areas of school grounds.
- Providing an exception for carrying firearms on limited school grounds may increase liability and risk coverage for individual school or school district insurance policies.
- The number of past offenses that occurred under the exceptions established in the Bill is unknown.
Fiscal Impact
The fiscal impact of Division II cannot be determined. Although the State is not expected to incur a fiscal impact, local schools and school districts may be subject to an increase in insurance coverage costs after initial policy implementation. Any insurance rate increases for local schools and school districts are expected to be paid out of the School District Management Fund, which is funded by local property taxes.
Additionally, individual schools and school districts may experience an increase in operational costs to accommodate changes in safety protocol and associated policies, but this increase is expected to be minimal.
Division III — Dangerous Weapons in Vehicles at Regents Universities and Community
College Campuses
Description
Division III prohibits the State Board of Regents and the board of directors of a community college from adopting or enforcing any policy or rule that prohibits the carrying, transportation, or possession of any dangerous weapon in a locked, personal vehicle on the grounds of such a college or university. Division III provides that the governing board is immune from any claims, cause of action, or lawsuit seeking damages as a result of any firearm brought onto the grounds of the university or college.
Background
There is no data available related to weapons violations on college or university grounds. Weapons violations would fall under Iowa Code section 724.4, related to carrying weapons, which does not specify where the event takes place.
Assumption
The number of past convictions that occurred under the exceptions established in the Bill is unknown.
Fiscal Impact
Division III is not estimated to have a fiscal impact.
Division IV — Insurance Coverage — Firearms on School Grounds
Description
Division IV requires the Commissioner of Insurance to adopt rules no later than December 31, 2023, to prohibit an authorized insurer from denying property or casualty insurance to a school based solely on the presence of a person who lawfully goes armed with, carries, or transports a firearm on the grounds of a school. This Division provides definitions.
Fiscal Impact
Division IV is not estimated to have a fiscal impact.
Division V — Guns in Vehicles on Public Highways
Description
Division V removes a requirement that a gun being transported on a public highway is required to be taken down or totally contained in a fastened case and with its barrels and attached magazines unloaded. The Division removes fines for individuals conveying an assembled unloaded or loaded gun.
Division V takes effect upon enactment.
Background
In FY 2022, there were 35 scheduled violations under Iowa Code section 483A.36 for a person conveying an assembled weapon on a public highway. 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. A further breakdown of data on persons charged with an unloaded or loaded firearm violation is unavailable.
Assumption
Data is unavailable for an additional breakdown of persons charged with the conveyance of an assembled, loaded, or unloaded gun on a public highway.
Fiscal Impact
The fiscal impact for Division V for the removal of the fine for individuals conveying unsecured firearms on public highways may result in a minimal reduction in General Fund revenue per year.
Division VI — Carrying Firearms on Snowmobiles and All-Terrain Vehicles
Description
Division VI permits a person to operate or ride a snowmobile or all-terrain vehicle with a loaded firearm on land that is not owned, possessed, or rented by the person. Division VI takes effect upon enactment.
Background
In FY 2022, there were no convictions for firearms violations on snowmobiles or all-terrain vehicles under Iowa Code section 321G.13 or 321I.14.
Fiscal Impact
Division VI is not estimated to have a fiscal impact.
Division VII — Firearms on Properties Licensed to Conduct Gambling Games or Sports
Wagering
Description
Division VII prohibits the Racing and Gaming Commission from adopting administrative rules that prohibit a licensee from authorizing a person to possess a firearm on the licensee’s property. An individual licensee may adopt the licensee’s own policy limiting the possession of firearms on the licensee’s property.
Fiscal Impact
Division VII is not estimated to have a fiscal impact.
Summary of HF 654 Correctional and Minority Impacts
Correctional Impact
The correctional impact of HF 654 cannot be determined. The Bill creates exceptions to existing offenses, and sufficient information is not available to estimate the number of convictions that will be affected by these exceptions. There were two convictions for nonprisoners possessing weapons in a correctional facility in FY 2022. There was a total of three convictions for carrying a weapon on school grounds in FY 2022. No convictions were issued under the other penalties modified in the Bill. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 20, 2023, for information related to the correctional system.
Minority Impact
The minority impact of HF 654 cannot be determined. Of the two individuals convicted of possessing weapons in a correctional facility, both were Caucasian. Of the three individuals convicted for carrying a weapon on school grounds, one was Caucasian, one was African American, and for one the race was unknown. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 20, 2023, for information related to minorities in the criminal justice system.
Summary of HF 654 Fiscal Impact Table 1 includes a summary of the fiscal impacts for each division of the Bill: Table 1 — Estimated Summary of Fiscal Impacts for HF 654
Division Fiscal Impact
I The fiscal impact of Division I cannot be determined because the number of impacted violations is unknown.
II The fiscal impact of Division II cannot be determined. Although the State is not expected to incur a fiscal impact, local schools and school districts may be subject to an increase in insurance coverage costs after initial policy implementation. Any insurance rate increases for local schools and school districts are expected to be paid out of the School District Management Fund, which is funded by local property taxes.
III No fiscal impact.
IV No fiscal impact.
V Minimal fiscal impact resulting from reduced fine revenue to the General Fund.
VI No fiscal impact.
VII No fiscal impact.
Sources
- Board of Regents
- Criminal and Juvenile Justice Planning Division, Department of Human Rights
- Department of Corrections
- Iowa Association of School Boards
- Firearms Omnibus · 28 de marzo de 2023
Lo que cambia del Código de Iowa (Iowa Code)
Crea§260C.14B§262.9E§285.17§515.80§724.4F§724.8C§99D.7A
Modifica§321G.13§321I.14§719.7§724.4B§805.8B
Deroga§483A.36
Cabildeo
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