House File 384 - Introduced HOUSE FILE 384 BY WINDSCHITL A BILL FOR An Act concerning the authorized possession of certain 1 offensive weapons and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1515YH (4) 85 rh/rj
H.F. 384 Section 1. Section 724.1, subsections 1, 2, and 8, Code 1 2013, are amended to read as follows: 2 1. A machine gun. A machine gun is a firearm which shoots 3 or is designed to shoot more than one shot automatically , 4 without manual reloading, by a single function of the trigger. 5 2. A short-barreled rifle or short-barreled shotgun. A 6 short-barreled rifle or short-barreled shotgun is a rifle with 7 a barrel or barrels less than sixteen inches in length or a 8 shotgun with a barrel or barrels less than eighteen inches 9 in length, as measured from the face of the closed bolt or 10 standing breech to the muzzle, or any weapon made from a rifle 11 or shotgun with if such weapon as modified has an overall 12 length of less than twenty-six inches. 13 8. Any mechanical device specifically constructed and 14 designed so that when attached to a firearm it silences, 15 muffles, or suppresses the sound when fired. However, this 16 subsection does not apply to a mechanical device possessed and 17 used by a person solely for the purpose of shooting a deer 18 pursuant to an approved city special deer population control 19 plan if the person has a valid federal permit to possess and 20 use the mechanical device. 21 Sec. 2. Section 724.2, Code 2013, is amended by striking the 22 section and inserting in lieu thereof the following: 23 724.2 Authority to possess offensive weapons. 24 All of the following are authorized to possess offensive 25 weapons: 26 1. The following persons or entities when the duties or 27 lawful activities of the person or entity require or permit 28 such possession: 29 a. Any peace officer. 30 b. Any member of the armed forces of the United States or 31 of the national guard. 32 c. Any person in the service of the United States. 33 d. A correctional officer, serving in an institution under 34 the authority of the Iowa department of corrections. 35 -1- LSB 1515YH (4) 85 rh/rj 1/ 3
H.F. 384 e. Any person who, under the laws of this state and the 1 United States, is lawfully engaged in the business of supplying 2 those authorized to possess such devices. 3 f. Any person, firm, or corporation who under the laws of 4 this state and the United States is lawfully engaged in the 5 improvement, invention, or manufacture of firearms. 6 g. Any museum or similar place which possesses, solely as 7 relics, offensive weapons which are rendered permanently unfit 8 for use. 9 2. The following persons who possess an offensive weapon 10 which is a curio or relic firearm under the federal Gun Control 11 Act of 1968, 18 U.S.C. ch. 44 and the federal National Firearms 12 Act of 1934, 26 U.S.C. ch. 53: 13 a. A resident of this state, if the offensive weapon 14 has been permanently rendered unfit for the firing of live 15 ammunition. The offensive weapon may, however, be adapted for 16 the firing of blank ammunition. 17 b. A nonresident, if the offensive weapon is legally 18 possessed by the person in the person’s state of residence 19 and the offensive weapon is at all times while in this state 20 rendered incapable of firing live ammunition. A nonresident 21 who possesses an offensive weapon under this paragraph while 22 in this state shall not have in the person’s possession live 23 ammunition. The offensive weapon may, however, be adapted for 24 the firing of blank ammunition. 25 3. A person who possesses a device described in section 26 724.1, subsection 8, or a machine gun, short-barreled rifle, or 27 short-barreled shotgun, as those terms are defined in section 28 724.1, in compliance with the federal Gun Control Act of 1968, 29 18 U.S.C. ch. 44 and the federal National Firearms Act of 1934, 30 26 U.S.C. ch. 53. 31 Sec. 3. Section 724.3, Code 2013, is amended to read as 32 follows: 33 724.3 Unauthorized possession of offensive weapons. 34 Any person or entity , other than a person or entity 35 -2- LSB 1515YH (4) 85 rh/rj 2/ 3
H.F. 384 authorized herein in section 724.2 , who knowingly possesses an 1 offensive weapon commits a class “D” felony. 2 EXPLANATION 3 This bill relates to the authorized possession of offensive 4 weapons. 5 The bill modifies the definition of a machine gun, a 6 short-barreled rifle, a short-barreled shotgun, and a 7 mechanical device that silences, muffles, or suppresses the 8 sound of a firearm when fired, defined as offensive weapons 9 under Code section 724.1. Under Code section 724.3 a person 10 who is not authorized under Code section 724.2 to possess an 11 offensive weapon is guilty of a class “D” felony. 12 The bill amends provisions in Code section 724.2 authorizing 13 the possession of certain offensive weapons in certain 14 circumstances, including an offensive weapon that is a curio 15 or relic firearm, a machine gun, a short-barreled rifle, a 16 short-barreled shotgun, and a mechanical device that silences, 17 muffles, or suppresses the sound of a firearm when fired, as 18 amended in the bill, in compliance with the provisions of 19 the federal Gun Control Act of 1968 and the federal National 20 Firearms Act of 1934. 21 -3- LSB 1515YH (4) 85 rh/rj 3/ 3