House Amendment 1645


PAG LIN

     1  1    Amend Senate File 456, as amended, passed, and
     1  2 reprinted by the Senate, as follows:
     1  3 #1.  Page 1, before line 1 by inserting:
     1  4    <Section 1.  Section 232.52, subsection 2, paragraph
     1  5 a, subparagraph (4), subparagraph division (a),
     1  6 subparagraph subdivision (viii), Code 2011, is amended
     1  7 to read as follows:
     1  8    (viii)  Section 724.4, if the child carried the
     1  9 dangerous weapon used the knife in the commission of
     1 10 a crime on school grounds.
     1 11    Sec. ___.  Section 708.8, Code 2011, is amended to
     1 12 read as follows:
     1 13    708.8  Going armed with intent.
     1 14    A person who goes armed with any dangerous weapon
     1 15 with the intent to use without justification such
     1 16 weapon against the person of another commits a class
     1 17 "D" felony.  The intent required for a violation
     1 18 of this section shall not be inferred from the mere
     1 19 carrying or concealment of any dangerous weapon itself,
     1 20 whether in a vehicle or on or about a person's body
     1 21 including the carrying of a loaded firearm.
     1 22    Sec. ___.  Section 724.4, Code 2011, is amended by
     1 23 striking the section and inserting in lieu thereof the
     1 24 following:
     1 25    724.4  Use of a knife in the commission of a crime.
     1 26    A person who goes armed with a knife concealed
     1 27 on or about the person, if the person uses the knife
     1 28 in the commission of a crime, commits an aggravated
     1 29 misdemeanor.
     1 30    Sec. ___.  Section 724.4B, Code 2011, is amended by
     1 31 striking the section and inserting in lieu thereof the
     1 32 following:
     1 33    724.4B  Carrying weapons on school grounds ==== penalty
     1 34 ==== exceptions.
     1 35    1.  A person who goes armed with, carries, or
     1 36 transports a firearm of any kind, whether concealed or
     1 37 not, on the grounds of a school commits a class "D"
     1 38 felony.  For the purposes of this section, "school"
     1 39 means a public or nonpublic school as defined in
     1 40 section 280.2.
     1 41    2.  Subsection 1 does not apply to the following:
     1 42    a.  A person who has been specifically authorized by
     1 43 the school to go armed, carry, or transport a firearm
     1 44 on the school grounds, including for purposes of
     1 45 conducting an instructional program regarding firearms.
     1 46    b.  A peace officer, when the officer's duties
     1 47 require the person to carry a firearm.
     1 48    c.  A member of the armed forces of the United
     1 49 States or of the national guard or person in the
     1 50 service of the United States, when the firearms are
     2  1 carried in connection with the person's duties as such.
     2  2    d.  A correctional officer, when the officer's
     2  3 duties require, serving under the authority of the Iowa
     2  4 department of corrections.
     2  5    e.  A person who for any lawful purpose carries an
     2  6 unloaded pistol, revolver, or other dangerous weapon
     2  7 inside a closed and fastened container or securely
     2  8 wrapped package which is too large to be concealed on
     2  9 the person.
     2 10    f.  A person who for any lawful purpose carries or
     2 11 transports an unloaded pistol or revolver in a vehicle
     2 12 inside a closed and fastened container or securely
     2 13 wrapped package which is too large to be concealed on
     2 14 the person or inside a cargo or luggage compartment
     2 15 where the pistol or revolver will not be readily
     2 16 accessible to any person riding in the vehicle or
     2 17 common carrier.
     2 18    g.  A law enforcement officer from another state
     2 19 when the officer's duties require the officer to carry
     2 20 the firearm and the officer is in this state for any
     2 21 of the following reasons:
     2 22    (1)  The extradition or other lawful removal of a
     2 23 prisoner from this state.
     2 24    (2)  Pursuit of a suspect in compliance with chapter
     2 25 806.
     2 26    (3)  Activities in the capacity of a law enforcement
     2 27 officer with the knowledge and consent of the chief
     2 28 of police of the city or the sheriff of the county in
     2 29 which the activities occur or of the commissioner of
     2 30 public safety.
     2 31    Sec. ___.  Section 724.4C, Code 2011, is amended to
     2 32 read as follows:
     2 33    724.4C  Possession or carrying of firearms while
     2 34 under the influence.
     2 35    1.  A permit issued under this chapter is invalid if
     2 36 the person to whom the permit is issued is who carries
     2 37 a dangerous weapon on or about the person while in an
     2 38  intoxicated condition as provided in section 321J.2,
     2 39 subsection 1, commits a simple misdemeanor.
     2 40    2.  This section shall not apply to any of the
     2 41 following:
     2 42    a.  A person who carries or possesses a dangerous
     2 43 weapon while in the person's own dwelling or place of
     2 44 business or on land owned or lawfully possessed by the
     2 45 person.
     2 46    b.  The transitory possession or use of a firearm
     2 47 during an act of justified self=defense or justified
     2 48 defense of another, provided that the possession lasts
     2 49 no longer than is immediately necessary to resolve the
     2 50 emergency.
     3  1    Sec. ___.  NEW SECTION.  724.5A  Availability of
     3  2 permit not to be construed as prohibition on unlicensed
     3  3 carrying of weapons.
     3  4    The availability of a professional or
     3  5 nonprofessional permit to carry weapons under
     3  6 this chapter shall not be construed to impose a general
     3  7 prohibition on the unlicensed carrying, whether openly
     3  8 or concealed, of a deadly weapon, including a loaded
     3  9 firearm.
     3 10    Sec. ___.  Section 724.7, Code 2011, is amended to
     3 11 read as follows:
     3 12    724.7  Nonprofessional permit to carry weapons.
     3 13    1.  Any person who is not disqualified under
     3 14 section 724.8, who satisfies the training requirements
     3 15 of section 724.9, and who files an application in
     3 16 accordance with section 724.10 shall be issued a
     3 17 nonprofessional permit to carry weapons. Such permits
     3 18 shall be on a form prescribed and published by the
     3 19 commissioner of public safety, which shall be readily
     3 20 distinguishable from the professional permit, and shall
     3 21 identify the holder of the permit. Such permits shall
     3 22 not be issued for a particular weapon and shall not
     3 23 contain information about a particular weapon including
     3 24 the make, model, or serial number of the weapon or any
     3 25 ammunition used in that weapon. All permits so issued
     3 26 shall be for a period of five years and shall be valid
     3 27 throughout the state except where the possession or
     3 28 carrying of a firearm is prohibited by state or federal
     3 29 law except as provided in subsection 2.
     3 30    2.  The commissioner of public safety shall
     3 31 develop a process to allow service members deployed
     3 32 for military service to submit a renewal of a
     3 33 nonprofessional permit to carry weapons early and by
     3 34 mail. In addition, a permit issued to a service member
     3 35 who is deployed for military service, as defined in
     3 36 section 29A.90, that would otherwise expire during the
     3 37 period of deployment shall remain valid for ninety days
     3 38 after the end of the service member's deployment.
     3 39    3.  Notwithstanding section 321G.13, subsection
     3 40 2, section 321I.14, subsection 2, sections 461A.42
     3 41 and 481A.7, section 481A.93, subsection 1, or any
     3 42 regulation issued pursuant to chapter 481A, a permit
     3 43 issued under this section or recognized under section
     3 44 724.11A shall be valid throughout the state.  This
     3 45 section shall not be construed to authorize the
     3 46 carrying of a weapon where prohibited by federal law
     3 47 or to authorize the taking of a game animal or the
     3 48 discharge of a weapon in violation of any law of this
     3 49 state, except where justified in accordance with the
     3 50 provisions of chapter 704.
     4  1    Sec. ___.  Section 724.8, subsections 2 and 3, Code
     4  2 2011, are amended by striking the subsections.
     4  3    Sec. ___.  Section 724.9, subsection 1, Code 2011,
     4  4 is amended by adding the following new paragraphs:
     4  5    NEW PARAGRAPH.  f.  Holding or having previously
     4  6 held a license or permit to carry a firearm in any
     4  7 state or a locality thereof, unless such license or
     4  8 permit has been suspended or revoked for cause.
     4  9    NEW PARAGRAPH.  g.  Completion of any firearms
     4 10 training or safety course or class, including an
     4 11 electronic, video, or internet course, conducted by a
     4 12 state certified or national rifle association certified
     4 13 firearms instructor.
     4 14    NEW PARAGRAPH.  h.  Completion of a hunter education
     4 15 or hunter safety course approved by the department of
     4 16 natural resources or a similar agency of another state.
     4 17    Sec. ___.  Section 724.9, subsection 2, Code 2011,
     4 18 is amended by adding the following new paragraph:
     4 19    NEW PARAGRAPH.  d.  A current or expired license
     4 20 or permit to carry firearms, issued by any state or a
     4 21 locality thereof, except one that has been suspended
     4 22 or revoked for cause.
     4 23    Sec. ___.  Section 724.10, subsection 1, Code 2011,
     4 24 is amended to read as follows:
     4 25    1.  A person shall not be issued a permit to carry
     4 26 weapons unless the person has completed and signed an
     4 27 application on a form to be prescribed and published
     4 28 by the commissioner of public safety. The Except as
     4 29 provided in subsection 724.11, subsection 2, paragraph
     4 30 "b", the application shall require only the full name,
     4 31 driver's license or nonoperator's identification card
     4 32 number, residence, place of birth, and date of birth of
     4 33 the applicant, and shall state whether the applicant
     4 34 meets the criteria specified in sections 724.8 and
     4 35 724.9. An applicant may provide the applicant's
     4 36 social security number if the applicant so chooses.
     4 37 The applicant shall also display an identification
     4 38 card that bears a distinguishing number assigned to
     4 39 the cardholder, the full name, date of birth, sex,
     4 40 residence address, and a brief description and colored
     4 41 photograph of the cardholder.
     4 42    Sec. ___.  Section 724.11, Code 2011, is amended to
     4 43 read as follows:
     4 44    724.11  Issuance of permit to carry weapons.
     4 45    1.  Applications for permits to carry weapons
     4 46 shall be made to the sheriff of the county in which
     4 47 the applicant resides. Applications for professional
     4 48 permits to carry weapons for persons who are
     4 49 nonresidents of the state, or whose need to go armed
     4 50 arises out of employment by the state, shall be made
     5  1 to the commissioner of public safety. In either case,
     5  2 the sheriff or commissioner, before issuing the permit,
     5  3 shall determine that the applicable requirements
     5  4 of sections 724.6 to 724.10 have been satisfied,
     5  5 except that the training requirements of section
     5  6 724.9 shall not apply to a renewal application for a
     5  7 nonprofessional permit to carry weapons. However, for
     5  8 renewal of a permit the training program requirements
     5  9 in section 724.9, subsection 1, shall apply or the
     5 10 renewal applicant may choose to qualify on a firing
     5 11 range under the supervision of an instructor certified
     5 12 by the national rifle association or the department of
     5 13 public safety or another state's department of public
     5 14 safety, state police department, or similar certifying
     5 15 body. Such training or qualification must occur within
     5 16 the twelve=month period prior to the expiration of the
     5 17 applicant's current permit.
     5 18    2.  a.  Neither the sheriff nor the commissioner
     5 19 shall require an applicant for a permit to carry
     5 20 weapons to provide information identifying a particular
     5 21 weapon in the application including the make, model,
     5 22 or serial number of the weapon or any ammunition used
     5 23 in that particular weapon.
     5 24    b.  The sheriff shall not require an applicant for
     5 25 a nonprofessional permit to carry weapons to provide
     5 26 any information, documentation, or evidence of identity
     5 27 beyond that specified in sections 724.9 and 724.10,
     5 28 except that an alien who has been admitted to the
     5 29 United States under a nonimmigrant visa may be required
     5 30 to demonstrate eligibility to receive or possess a
     5 31 firearm under the provisions of 18 U.S.C. { 922(y).
     5 32    3.  The issuing officer shall collect a fee of fifty
     5 33 dollars, except from a duly appointed peace officer
     5 34 or correctional officer, for each nonprofessional
     5 35  permit issued. Renewal permits Nonprofessional
     5 36 renewal or duplicate permits shall be issued for a
     5 37 fee of twenty=five dollars, provided the application
     5 38 for such renewal permit is received by the issuing
     5 39 officer at least thirty days prior to the expiration of
     5 40 the applicant's current permit.  The issuing officer
     5 41 shall collect a fee of ten dollars for the issuance,
     5 42 renewal, or duplication of a professional permit.
     5 43   The issuing officer shall notify the commissioner of
     5 44 public safety of the issuance of any permit at least
     5 45 monthly and forward to the commissioner an amount
     5 46 equal to ten dollars for each permit issued and five
     5 47 dollars for each renewal or duplicate permit issued.
     5 48 All such fees received by the commissioner shall be
     5 49 paid to the treasurer of state and deposited in the
     5 50 operating account of the department of public safety
     6  1 to offset the cost of administering this chapter.
     6  2 Notwithstanding section 8.33, any unspent balance
     6  3 as of June 30 of each year shall not revert to the
     6  4 general fund of the state, but shall be maintained in
     6  5 a separate fund for the sole purpose of administering
     6  6 this chapter.
     6  7    4.  The sheriff or commissioner of public safety
     6  8 shall approve or deny an initial or renewal application
     6  9 submitted under this section within thirty seven
     6 10  days of receipt of the application. A person whose
     6 11 application for a permit under this chapter is denied
     6 12 may seek review of the denial under section 724.21A.
     6 13 The failure to approve or deny an initial or renewal
     6 14 application shall result in a decision of approval If
     6 15 the issuing officer has not received any disqualifying
     6 16 information within the requisite seven=day period, the
     6 17 issuing officer shall approve the application.  An
     6 18 issuing officer who refuses to accept or act upon an
     6 19 application filed under this chapter shall be subject
     6 20 to removal from office pursuant to section 66.1A.
     6 21    Sec. ___.  Section 724.15, subsection 3, Code 2011,
     6 22 is amended to read as follows:
     6 23    3.  The annual permit to acquire pistols or
     6 24 revolvers shall authorize the permit holder to acquire
     6 25 one or more pistols or revolvers during the period
     6 26 that the permit remains valid. If the issuing officer
     6 27 determines that the applicant has become disqualified
     6 28 under the provisions of subsection 1, the issuing
     6 29 officer may immediately revoke the permit and shall
     6 30 provide a written statement of the reasons for
     6 31 revocation, and the applicant shall have the right to
     6 32 appeal the revocation as provided in section 724.21A.
     6 33  The issuing officer shall not limit the number of
     6 34 pistols or revolvers that may be acquired.
     6 35    Sec. ___.  Section 724.21A, subsection 5, Code 2011,
     6 36 is amended to read as follows:
     6 37    5.  The standard of review under this section shall
     6 38 be clear and convincing evidence that the issuing
     6 39 officer's written statement of the reasons for the
     6 40 denial, suspension, or revocation constituted probable
     6 41 cause to deny an application or to suspend or revoke
     6 42 a permit clear and convincing evidence that, as of
     6 43 the date of the adverse decision, the applicant or
     6 44 permittee was, under the applicable standards set
     6 45 forth in this chapter, subject to prosecution or any
     6 46 other proceeding that could result in the applicant or
     6 47 permittee becoming ineligible for a permit to carry
     6 48 weapons.
     6 49    Sec. ___.  Section 724.23, Code 2011, is amended to
     6 50 read as follows:
     7  1    724.23  Records kept by commissioner.
     7  2    1.  The commissioner of public safety shall maintain
     7  3 a permanent record of all valid permits to carry
     7  4 weapons and of current permit revocations.
     7  5    2.  a.  Notwithstanding any other law or rule to the
     7  6 contrary, an issuing officer shall keep confidential
     7  7 information that would personally identify applicants
     7  8 for or holders of nonprofessional permits to carry
     7  9 weapons, including but not limited to the applicant's
     7 10 or permit holder's name, social security number, date
     7 11 of birth, driver's license or other identification
     7 12 number, and residential or business address.  
     7 13    b.  This subsection shall not prohibit the release
     7 14 of any of the following:
     7 15    (1)  Numerical statistics pertaining to the
     7 16 issuance, denial, revocation, or administration of
     7 17 applicants for or holders of nonprofessional permits,
     7 18 provided that the release of such information does not
     7 19 reveal the identity of any individual permit holder.
     7 20    (2)  The release of information to any law
     7 21 enforcement agency, or an employee or agent thereof,
     7 22 when necessary for an investigation of a possible
     7 23 violation of law or for conducting a lawfully
     7 24 authorized background investigation.
     7 25    Sec. ___.  Section 724.25, subsection 1, Code 2011,
     7 26 is amended to read as follows:
     7 27    1.  As used in section 724.26, the word "felony"
     7 28 means any offense punishable in the jurisdiction where
     7 29 it occurred by imprisonment for a term exceeding one
     7 30 year, but does not include any offense, other than an
     7 31 offense involving a firearm or explosive, classified
     7 32 as a misdemeanor under the laws of the state and
     7 33 punishable by a term of imprisonment of two years or
     7 34 less.>
     7 35 #2.  Page 2, after line 30 by inserting:
     7 36    <Sec. ___.  REPEAL.  Section 724.5, Code 2011, is
     7 37 repealed.>
     7 38 #3.  Page 3, by striking lines 13 and 14 and
     7 39 inserting:
     7 40    <Sec. ___.  EFFECTIVE UPON ENACTMENT.  The section
     7 41 of this Act amending section 724.31, being deemed of
     7 42 immediate importance, takes effect upon enactment.>
     7 43 #4.  Title page, line 1, after <to> by inserting
     7 44 <acquiring, carrying, and possessing weapons,
     7 45 including>
     7 46 #5.  Title page, line 4, after <prohibitions,> by
     7 47 inserting <providing a penalty and a fee,>
     7 48 #6.  By renumbering as necessary.


                                        
          SHAW of Pocahontas
          SF456.2543 (1) 84
          rh/rj

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