Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



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H-1184

House Amendment 1184
PAG LIN
1 1 Amend House File 746 as follows:

1 2 #1. By striking everything after the enacting

1 3 clause and inserting the following:

1 4

1 5 to read as follows:

1 6 80A.13 CAMPUS WEAPON REQUIREMENTS.

1 7 An individual employed by a college or university,

1 8 or by a private security business holding a contract

1 9 with a college or university, who performs private

1 10 security duties on a college or university campus and

1 11 who carries a weapon while performing these duties

1 12 shall meet all of the following requirements:

1 13 1. File with the sheriff of the county in which

1 14 the campus is located evidence that the individual has

1 15 successfully completed an approved firearms training

1 16 program under section 724.9. This requirement does

1 17 not apply to armored car personnel.

1 18 2. Possess a permit to carry weapons issued by the


1 19 sheriff of the county in which the campus is located


1 20 under sections 724.6 through 724.11. This requirement

1 21 does not apply to armored car personnel.

1 22 3. File file with the sheriff of the county in

1 23 which the campus is located a sworn affidavit from the

1 24 employer outlining the nature of the duties to be

1 25 performed and justification of the need to go armed.

1 26 Sec. 2. Section 724.4, Code 2009, is amended to

1 27 read as follows:

1 28 724.4 CARRYING WEAPONS.

1 29 1. Except as otherwise provided in this section, a

1 30 person who goes armed with a dangerous weapon

1 31 concealed on or about the person, or who, within the

1 32 limits of any city, goes armed with a pistol or

1 33 revolver, or any loaded firearm of any kind, whether

1 34 concealed or not, or who knowingly carries or

1 35 transports in a vehicle a pistol or revolver, commits

1 36 an aggravated misdemeanor. A person who goes armed

1 37 with a dangerous weapon with the intent to commit a

1 38 crime of violence commits a class "D" felony. This

1 39 subsection applies regardless of whether the dangerous

1 40 weapon is concealed or not concealed on or about the

1 41 person and regardless of whether the dangerous weapon

1 42 is transported in a vehicle. For purposes of this

1 43 subsection, "crime of violence" means a felony which

1 44 has, as an element of the offense, the use of physical

1 45 force by one person against another person.

1 46 2. A person who goes armed with a knife concealed

1 47 on or about the person, if the person uses the knife

1 48 in the commission of a crime, commits an aggravated

1 49 misdemeanor.

1 50 3. A person who goes armed with a knife concealed


House Amendment 1184 continued

2 1 on or about the person, if the person does not use the

2 2 knife in the commission of a crime:

2 3 a. If the knife has a blade exceeding eight inches

2 4 in length, commits an aggravated misdemeanor.

2 5 b. If the knife has a blade exceeding five inches

2 6 but not exceeding eight inches in length, commits a

2 7 serious misdemeanor.

2 8 4. Subsections 1 through 3 do Subsection 3 does

2 9 not apply to any of the following:

2 10 a. A person who goes armed with a dangerous weapon

2 11 in the person's own dwelling or place of business, or

2 12 on land owned or possessed by the person.

2 13 b. A peace officer, when the officer's duties

2 14 require the person to carry such weapons.

2 15 c. A member of the armed forces of the United


2 16 States or of the national guard or person in the

2 17 service of the United States, when the weapons are

2 18 carried in connection with the person's duties as

2 19 such.

2 20 d. A correctional officer, when the officer's



2 21 duties require, serving under the authority of the

2 22 Iowa department of corrections.

2 23 e. c. A person who for any lawful purpose carries

2 24 an unloaded pistol, revolver, or other dangerous

2 25 weapon inside a closed and fastened container or

2 26 securely wrapped package which is too large to be

2 27 concealed on the person.

2 28 f. A person who for any lawful purpose carries or

2 29 transports an unloaded pistol or revolver in a vehicle

2 30 inside a closed and fastened container or securely

2 31 wrapped package which is too large to be concealed on

2 32 the person or inside a cargo or luggage compartment

2 33 where the pistol or revolver will not be readily

2 34 accessible to any person riding in the vehicle or


2 35 common carrier.

2 36 g. A person while the person is lawfully engaged



2 37 in target practice on a range designed for that

2 38 purpose or while actually engaged in lawful hunting.

2 39 h. d. A person who carries a knife used in

2 40 hunting or fishing, while actually engaged in lawful

2 41 hunting or fishing.

2 42 i. A person who has in the person's possession and

2 43 who displays to a peace officer on demand a valid

2 44 permit to carry weapons which has been issued to the

2 45 person, and whose conduct is within the limits of that

2 46 permit. A person shall not be convicted of a

2 47 violation of this section if the person produces at

2 48 the person's trial a permit to carry weapons which was

2 49 valid at the time of the alleged offense and which

2 50 would have brought the person's conduct within this
House Amendment 1184 continued

3 1 exception if the permit had been produced at the time

3 2 of the alleged offense.

3 3 j. e. A law enforcement officer from another

3 4 state when the officer's duties require the officer to

3 5 carry the weapon and the officer is in this state for

3 6 any of the following reasons:

3 7 (1) The extradition or other lawful removal of a

3 8 prisoner from this state.

3 9 (2) Pursuit of a suspect in compliance with

3 10 chapter 806.

3 11 (3) Activities in the capacity of a law

3 12 enforcement officer with the knowledge and consent of

3 13 the chief of police of the city or the sheriff of the

3 14 county in which the activities occur or of the

3 15 commissioner of public safety.

3 16 k. f. A person engaged in the business of

3 17 transporting prisoners under a contract with the Iowa

3 18 department of corrections or a county sheriff, a

3 19 similar agency from another state, or the federal

3 20 government.

3 21 Sec. 3. Section 724.4B, subsection 2, paragraph a,

3 22 Code 2009, is amended to read as follows:

3 23 a. A person listed under section 724.4, subsection

3 24 4, paragraphs paragraph "b" through "f", "c", or "j"

3 25 "e".

3 26 Sec. 4. Section 724.6, subsection 1, Code 2009, is

3 27 amended to read as follows:

3 28 1. A person may be issued a permit to carry


3 29 weapons when the person's employment who is employed

3 30 in a private investigation business or private

3 31 security business licensed under chapter 80A, or a

3 32 person's employment as a peace officer, correctional

3 33 officer, security guard, bank messenger or other

3 34 person transporting property of a value requiring

3 35 security, or in police work, whose employment

3 36 reasonably justifies that person going armed, shall be

3 37 issued a professional permit to carry weapons if the

3 38 person applies for the permit and meets the

3 39 requirements of sections 724.8 through 724.10. The

3 40 permit shall be on a form prescribed and published by

3 41 the commissioner of public safety, shall identify the

3 42 holder, and shall state the nature of the employment

3 43 requiring the holder to go armed. A permit so issued,

3 44 other than to a peace officer, shall authorize the

3 45 person to whom it is issued to go armed anywhere in

3 46 the state, only while engaged in the employment, and

3 47 while going to and from the place of the employment.

3 48 A permit issued to a certified peace officer shall

3 49 authorize that peace officer to go armed anywhere in

3 50 the state at all times. Permits shall expire twelve

House Amendment 1184 continued
4 1 months five years after the date when issued except

4 2 that permits issued to peace officers and correctional

4 3 officers are valid through the officer's period of

4 4 employment unless otherwise canceled. When the

4 5 employment is terminated, the holder of the permit

4 6 shall surrender it to the issuing officer for

4 7 cancellation.

4 8 Sec. 5. Section 724.7, Code 2009, is amended to

4 9 read as follows:

4 10 724.7 NONPROFESSIONAL PERMIT TO CARRY WEAPONS.

4 11 Any person who can reasonably justify going armed

4 12 may not otherwise prohibited from possessing or

4 13 transporting a firearm and who meets the requirements

4 14 in sections 724.8 through 724.10 shall be issued a

4 15 nonprofessional permit to carry weapons if the person


4 16 applies for such permit. Such permits shall be on a

4 17 form prescribed and published by the commissioner of

4 18 public safety, which shall be readily distinguishable

4 19 from the professional permit, and shall identify the

4 20 holder thereof, and state the reason for the issuance

4 21 of the permit, and the limits of the authority granted


4 22 by such permit. All permits so issued shall be for a

4 23 definite five=year period as established by the



4 24 issuing officer, but in no event shall exceed a period

4 25 of twelve months.

4 26 Sec. 6. Section 724.8, subsection 5, Code 2009, is

4 27 amended to read as follows:

4 28 5. The issuing officer reasonably determines that



4 29 the applicant does not constitute a danger to any

4 30 person person is not otherwise prohibited by state or

4 31 federal law from possessing or transporting a firearm.

4 32 Sec. 7. Section 724.9, Code 2009, is amended to

4 33 read as follows:

4 34 724.9 FIREARM TRAINING PROGRAM.

4 35 A training program to qualify persons in the safe

4 36 use of firearms shall be provided by the issuing

4 37 officer of permits, as provided in section 724.11.

4 38 The commissioner of public safety shall approve the


4 39 training program, and the county sheriff or the

4 40 commissioner of public safety conducting the training

4 41 program within their respective jurisdictions may

4 42 shall contract with a private organization or use the


4 43 services of other agencies, or may use a combination

4 44 of the two, a private individual or a professional

4 45 organization who shall conduct the training consistent

4 46 with the standards set forth by the national rifle

4 47 association to provide such training. Any person

4 48 eligible to be issued a permit to carry weapons may

4 49 enroll in such course. A fee sufficient to cover the

4 50 cost of the program may be charged each person


House Amendment 1184 continued
5 1 attending. Certificates of completion, on a form

5 2 prescribed and published by the commissioner of public

5 3 safety, shall be issued to each person who

5 4 successfully completes the program. No A person shall

5 5 not be issued either a professional or nonprofessional

5 6 permit unless the person has received a certificate of

5 7 completion or is a certified peace officer. No peace

5 8 officer or correctional officer, except a certified

5 9 peace officer, shall go armed with a pistol or

5 10 revolver unless the officer has received a certificate


5 11 of completion, provided that this requirement shall

5 12 not apply to persons who are employed in this state as

5 13 peace officers on January 1, 1978 until July 1, 1978,

5 14 or to peace officers of other jurisdictions exercising

5 15 their legal duties within this state.

5 16 Sec. 8. Section 724.11, Code 2009, is amended to

5 17 read as follows:

5 18 724.11 ISSUANCE OF PERMIT TO CARRY WEAPONS.

5 19 Applications for permits An application for a

5 20 permit to carry weapons, if made, shall be made to the

5 21 sheriff of the county in which the applicant resides.

5 22 Applications from persons who are nonresidents of the

5 23 state, or whose need to go armed arises out of

5 24 employment by the state, shall be made to the

5 25 commissioner of public safety. In either case, the

5 26 issuance of the permit shall be by and at the

5 27 discretion of the sheriff or commissioner, who shall,

5 28 before issuing the permit, determine that the

5 29 requirements of sections 724.6 to 724.8 through 724.10

5 30 have been satisfied and the person is not otherwise



5 31 prohibited by state or federal law from possessing or


5 32 transporting a firearm. However, the training program

5 33 requirements in section 724.9 may be waived for

5 34 renewal permits. The issuing officer shall collect a

5 35 fee of ten fifty dollars, except from a duly appointed

5 36 peace officer or correctional officer, for each permit

5 37 issued. Renewal permits or duplicate permits shall be

5 38 issued for a fee of five dollars. The issuing officer

5 39 shall notify the commissioner of public safety of the

5 40 issuance of any permit at least monthly and forward to

5 41 the commissioner an amount equal to two dollars for

5 42 each permit issued and one dollar for each renewal or

5 43 duplicate permit issued. All such fees received by

5 44 the commissioner shall be paid to the treasurer of

5 45 state and deposited in the operating account of the

5 46 department of public safety to offset the cost of

5 47 administering this chapter. Any unspent balance as of

5 48 June 30 of each year shall revert to the general fund

5 49 as provided by section 8.33.

5 50 Sec. 9. Section 724.5, Code 2009, is repealed.>

House Amendment 1184 continued

6 1 #2. Title page, by striking lines 1 and 2 and

6 2 inserting the following:

6 3 carrying of weapons>.

6 4


6 5

6 6

6 7 SCHULTZ of Crawford

6 8 HF 746.201 83

6 9 rh/rj/22780
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