Saturday, February 25, 2017

Iowa Omnibus Gun Law Reform Bill Shows Lessons from Other States

House Study Bill 133 is an omnibus weapons law reform bill. The authors of the bill appear to have searched through various weapons laws enacted in the United States in the last several decades.  They looked for the best features of the laws that have worked elsewhere.  When they found them, they incorporated them into this omnibus bill.  There are a couple of twists unique to Iowa. HSB 133 was introduced on February 20th, 2017.

The bill covers so many reforms that amendments and wording changes are almost certain. Here is an overview of most of the prominent features of the bill.

HSB 133 makes clear that presumption of evil intent is not to be inferred from the mere act of being armed. From
A person who goes armed with any dangerous weapon with the intent to use without justification such weapon against the person of another commits a class “D” felony. The intent required for a violation of this section shall not be inferred from the mere carrying or concealment of any dangerous weapon itself, including the carrying of a loaded firearm, whether in a vehicle or on or about a person’s body.
The bill strengthens Firearms Preemption with a strong preemption rewrite of the law. Firearms law would be uniform across the state.

A Stand Your Ground provision is included in the law.

The bill removes the prohibition on  the carry of pistols or revolvers on snowmobiles or all terrain vehicles (ATVs).

It removes authority of officials to seize or confiscate legally possessed firearms during states of emergency.

It removes the authority of Director of Administrative Services to ban weapons in the Capitol and associated buildings.

It protects the privacy of permit holders by prohibiting disclosure of personal information on carry permits, except for specifically authorized disclosures.

There is a provision to appeal to decision of Sheriff or Commissioner if a permit is refused; court fees can be awarded if the appeal succeeds.

It allows for carry without a permit, open or concealed, if the requirement for training for carrying a weapon, has been done. It is not quite Constitutional carry, but it is "permitless" carry.   From
1. Except as provided in subsection 2, the availability of a professional or nonprofessional permit to carry weapons under this chapter shall not be construed to impose a general prohibition on the unlicensed carrying, whether openly or concealed, of a dangerous weapon, including a loaded firearm.

2. A person shall be prohibited from the unlicensed carrying, whether openly or concealed, of a dangerous weapon, including a loaded firearm unless the person has completed a firearm safety training program described under section 724.9, subsection 1.
It allows for firearm training to be done online.  Honorable discharge from the armed forces is sufficient to prove training.

Defensive display is allowed for. From
The bill provides that a threat to cause serious injury or death by the production, display, or brandishing of a deadly weapon, is not deadly force, as long as the actions of the person are limited to creating an expectation that the person may use deadly force to defend oneself, another, or as otherwise authorized by law.
Parents are allowed to supervise children during the lawful use of a pistol or revolvers, if the parents are 21 or over.

During the 2016 elections, Iowans removed politicians that had been blocking gun law reforms for many years.  Second Amendment supporters in Iowa are hopeful that most of the above reforms will be able to move through the legislature and be signed into law.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


Anonymous said...

firearms law "uniform throughout the state" is ridiculous when the law is itself something like ooohhhhh prohibition on open carriage, or sayyyyy, carrying of a long gun in any fashion.

"Strengthening" this MONSTER called "preemption" is a yuge mistake. It is playing right into the gun controllers hands.

Why continue to help the controllers? Why?

Anonymous said...

The second amendment is the uniform law. find any of the words in these state infringing laws that are in the second amendment then prove the state has any authority to write such laws. we have a constitution, we have a bill of rights and we have the tenth amendment and now we have several RECENT SUPREME COURT RULINGS THAT VOID ALL OF THESE LAWS.

Anonymous said...

Personally I think it is past time for the United States supreme court to make a public statement reaffirming the ninth and tenth amendments in the bill of rights. simply stating that all city, county or state laws and regulations that attempt to change the guarantees are null and void and they must be stricken from the codes..