Comprehensive Gun Bill Introduced
The Iowa House of Representatives has just introduced a major pro-gun owner bill. House Study Bill 133 (HSB133) is a comprehensive gun bill that effectively re-writes a large portion of Iowa’s firearms and use of force laws. HSB133 is a major bill (more than 41 pages long) that benefits Iowa gun owners in numerous ways. We’ve listed a general overview below.
Full text of House Study Bill 133. HSB133 covers numerous Second Amendment issues and greatly benefits gun owners in Iowa.
This bill revises nearly every portion of Iowa’s weapons law, as well as other sections of the Code dealing with criminal penalties, the justifiable use of force and even regulation of vehicles. Such an extensive effort involves legitimately complex legal considerations. This Study Bill allows time for some final fine-tuning while still meeting legislative deadlines.
HSB133 has been assigned to the House Judiciary Committee and a subcommittee consisting of Representatives Matt Windschitl, Greg Heartsill and Mary Wolfe. We expect them to hold a subcommittee meeting this week, most likely Wednesday or Thursday. As always we’ll be updating you on any upcoming action.
What’s in HSB133?
- Legalizes SBRs and SBSs
- These items would be treated like suppressors currently are (must meet federal NFA requirements)
- Fixes current “Armed with Intent” language
- Just because you’re armed doesn’t mean you have any intentions of harming anyone
- Under current law if you charged with a crime while carrying prosecutors can add an additional “Going Armed with Intent” charge even if your alleged crime has nothing to do with the you being armed
- Lifetime Permits
- Uniform permits statewide (eliminating county by county permit variations)
- Removes the current Permit to Acquire requirement
- Brings Iowa in line with federal gun purchasing laws
- No permit required, you just need to pass a NICS check
- Repeals the current ban on supervised youth handgun shooting
- Kids can shoot and learn proper gun safety under the supervision of a parent, or instructor
- Permit Privacy
- Prohibits the public release of any personal information of anyone who holds a Permit to Carry
- Preemption Cleanup (724.28 re-write)
- Prohibits any political subdivision (city, county, municipality, regents institution, etc) from creating gun free zones that violate state preemption law
- Establishes “loser pays” so that if someone sues over the creation of a gun free zone the loser of that lawsuit must pay the winner’s court costs
- Permit-less Carry
- Removes the burden of obtaining a Permit to Carry in order for a citizen to exercise their right to keep and bear arms in Iowa.
- Establishes Emergency Powers restrictions
- Prohibits the confiscation firearms during a declared state of emergency (i.e. Hurricane Katrina gun confiscations)
- Legalizes Stand Your Ground
- Removes the “duty to retreat” from law-abiding citizens who find themselves in a self-defense situation
- Establishes that as long as you have a reasonable basis for the belief that you are in danger you may defend yourself or those around
- Increases penalties for Straw Purchasers
- Anyone caught straw purchasing would be charged with a Class D felony
- ATV Carry cleanup
- Removes the requirement of a so-called “retention holster” while operating an ATV or snowmobile
Does the age of purchase change? I’m 20, and got 6 months to go if not just curious and excited for this bill to pass.
Unless I missed it somewhere, I didn’t see any mention of “Iowa Constitutional Right to Keep and Bear Arms”.
Just makes sense to me. Sign it.
Good bill but we still need portion from being sued by the person you shoot or his
family
I disagree with the”no internet” and no “sawed off” shotguns. While I could agree with no internet for 1st time permit seekers. I do not believe lawmakers should even be telling us how,with what, or necessarily when to defend ourselves, especially in our homes or on our own property.
I agree with most of the HSB133 but I think we should still require applicants for a permit to carry must take a course with certified instructors (not internet) and the permit be required to be renewed at least every 5 years. Okay for semi automatic guns, not automatic nor sawed off shotguns.
Why? Have you heard or seen of any crimes with states that allow them? Don’t you think law abiding citizens are responsible enough? Why do you think it’s good to restrict a persons liberty? Any firearm is just with a thorough background check.
I agree with Nick. That’s a lot of stuff in a single bill. Many would accept a lot of the points but reject others. It would seem to be wise to number the points and get a feel for which are the most important to Iowans in order to know the most acceptable way to “pare down” the bill should it become necessary.
Finally good news. Would be nice to not have to worry about “did I retreat far enough” and when can I be sure.
I have some idea about what “stand your ground” means, but I would like to see a legal definition. Would also like a clear explanation of my legal rights under a stand your ground law.
Thanks
I’d love to see this all go through, but when the buzzards in Des Moines start picking apart the carcass, there have to be priorities for what we believe are the most important efforts of this bill. Unity of effort is key.
My #1 personal desire is to see the Permit Privacy portion go through. #2 would be the Preemption Cleanup, #3 would be doing away with the whole Permit to Acquire mechanism, and #4 has to be the Emergency Powers Restrictions.
Again, I believe that ALL of the provision of this bill are right and appropriate, and we must not stop until we’ve seen them all through in as many acts as become necessary to realize them. Honestly, it’s sad that Constitutional Carry is so far from legislative reality in Iowa, because Iowa’s original Constitution didn’t preclude it therefore by omission it was an original right. Still, the top 4 items I listed seem to me to be the provisions most important toward nullifying current Iowa legislation’s hostility toward the most humble Iowans’ right to obtain and maintain the most basic tools appropriate for armed self defense.
Remove the hurdles for the law-abiding single mom to buy a used Taurus 85, keep it handy at home and/or on her person while shepherding her kids through town, with confidence that the Des Moines Register won’t publish her name and address for an abusive ex-boyfriend to read and learn where she lives now – and decide that surprising her at a “gun-free zone” is the best stalking plan. When the river overflows into the flood plain where her mobile home is situated, that’s a time when she’ll be most vulnerable to predation, so being searched for weapons on her way to the Red Cross food station is harassment that just doesn’t square up with basic humanity.
I don’t mean to diminish the essential importance of the Emergency Powers Restriction portion by giving it 4th place in my billing; it’s just that I find it hard to believe that it’s even necessary to create legislation protecting our right to armed self defense during times of anarchy, when we’ll need it most. This is a no-brainer. I’m not even sure why it needs a bill to become reality, but as Louisiana proved in 2005, government will often stomp all over individual rights not legislatively enumerated. I list the other 3 first because the flaws they seek to repair are causing Iowans harm right now, every day, whereas #4 – as necessary as it is – addresses emergency conditions that weren’t yet happening anywhere in Iowa while I fed my kids breakfast this morning.
Once we have successfully defended the rights of the weakest and most humble among us, then I’ll get excited about suppressors, SBRs, lifetime permits, and introducing my young son to plinking with the Ruger Bearcat I have locked up for him to inherit one day from his great grandpa. Would I rather see us get the whole enchilada with one bill, right out of the gate? Sure! I’m just wondering, though, what others will say about what’s most important in this bill. SBR guys, I’m on your side – I just want to see the interests of Iowans’ most basic rights to privacy and independence in personal security and self-defense as an absolute priority, if this whole list of grievances against current code can’t be pushed through in one play. Consolidate the fundamental right of Iowans to equip themselves for their own security in the first place; then, I’ll get more excited about what we’re allowed to have in our toolboxes with which to accomplish those tasks.
Beautiful! Let’s all make sure this happens!
I agree. I have 5 MP5 clones. But I cannot put a stock on them without an SBR tax stamp which Iowa currently does not allow but in many other states they are legal including Nebraska. Braces are NOT the same thing.
You had me at legalizing SBR’s and SBS’s. Would love an MP5 clone with a stock and without the abnormally long barrel.
It’s about time. SBR’s finally. It is long overdue! I was jealous that my friends in Nebraska had this legal for years.
Anything in there about protecting a person who has been involved in a self defense shooting from being sued in civil court?
The stand your ground law repeals any civil suit as long as the defender was not reckless or negligent.
Go for it
I like it. Let’s get this done!
I’m sorry but what is a Straw Purchaser?
I believe it’s someone who buys a weapon for another person who is unable to purchase one themselves.
I agree with Bernard Bauer lets make this law non repeatable so further session down the road cannot repeal this law.
Enough talk, Get this law pushed thru A.S.A.P.
Great – make it happen
Make it work. Also make it non repeal able so future sessions can’t change things.
You can make a law non repealable? Would that then set a dangerous precident that the anti Gunners could then use against us in the future?
I agree with you 100%
Rock on!
Very Interesting
Nice….let’s get it done.