SF 2263 — A bill for an act relating to the carrying, transportation, and possession of weapons, and including effective date provisions.

A person who has in the person’s possession a valid permit to carry weapons issued pursuant to section 724.7 and remains on the portion of school district property that comprises its driveways and parking lots while going armed with, carrying, or transporting a concealed pistol or revolver.

A school shall be immune from any claim, cause of action, or lawsuit by a person seeking damages that are alleged, directly or indirectly, as a result of any concealed pistol or revolver brought onto the school district property by a person pursuant to this paragraph.

EXPLANATION The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.

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 —— DANGEROUS WEAPONS IN PUBLICLY ACCESSIBLE PARKING LOTS.

This division allows a person to carry, possess, or transport a dangerous weapon on the real property comprising a publicly accessible, nonsecure parking lot that is operated by the state or a county, city, or township in the state if the dangerous weapon is out of sight and inside a locked, privately owned vehicle and if the carrying, transportation, or possession of the dangerous weapon is otherwise lawful under the laws of the state.

The division does not apply to parking lots at facilities owned or operated by the national guard.

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, LSB 6688XS (2) 91 -4- sb/js 4/7 S.F.

2263 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 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.

The division takes take effect upon enactment.

DIVISION II —— FIREARMS IN VEHICLES TRANSPORTING FOSTER CHILDREN.

This division prohibits the department of health and human services from adopting a rule prohibiting a person from carrying, possessing, or transporting a firearm, regardless of whether the firearm is loaded, in a motor vehicle used to transport a child in foster care if the carrying, transportation, or possession of the firearm is otherwise lawful.

DIVISION III —— DANGEROUS WEAPONS IN VEHICLES AT REGENTS UNIVERSITIES AND COMMUNITY COLLEGE CAMPUSES.

This division prohibits the governing board of a university under the control of the state board of regents as provided in Code chapter 262 or a community college under the jurisdiction of a board of directors for a merged area as provided in Code chapter 260C 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 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.

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2263 The division does not apply to a peace officer or other law enforcement officer who is required to carry weapons.

Additionally, the division does not apply to a person who has been authorized in advance by the president of the university or college to possess, display, or use a weapon on the university’s or college’s property for a limited purpose consistent with the university’s or college’s mission.

The division also does not apply to the possession and use of knives for the purpose of cooking in the university’s or college’s culinary arts programs.

DIVISION IV —— FIREARMS OR OFFENSIVE WEAPONS IN OR NEAR SCHOOLS AND PUBLIC PARKS.

This division relates to public offenses involving a firearm or offensive weapon in and near schools and public parks.

Under current Code section 724.4A, the area in or on, or within one thousand feet of, the real property comprising a public or private elementary or secondary school, or in or on the real property comprising a public park, is defined as a “weapons free zone”.

A person who commits a public offense involving a firearm or offensive weapon within a weapons free zone is subject to enhanced penalties.

The division removes the term “weapons free zone” from Code section 724.4A and makes conforming changes within the Code section.

DIVISION V —— WEAPONS ON SCHOOL DISTRICT PROPERTY.

This division relates to going armed with, carrying, or transporting weapons on school district property.

The division provides that a person who has in the person’s possession a valid nonprofessional permit to carry weapons may go armed with, carry, or transport a concealed pistol or revolver on school district property that comprises its driveways and parking lots.

The division provides that a school shall be immune from any claim, cause of action, or lawsuit by a person seeking damages that are alleged, directly or indirectly, as a result of a concealed pistol or revolver LSB 6688XS (2) 91 -6- sb/js 6/7 S.F.

2263 brought onto school district property by a person pursuant to the division.

A person who goes armed with, carries, or transports a firearm on the grounds of a school in violation of Code section 724.4B 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.

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