The Safer Families Act – HSB173
Below is an explanation of the House Study Bill IFC has been working on with House Members for months. IFC would like to see several changes to HSB173 from its current state. We’re looking forward to amendments that will correct and strengthen this vital legislation. Don’t misunderstand, we’re excited to see our bill move forward, but it does require corrections before we can fully support it. IFC has registered “UNDECIDED” on HSB173 at this time. IFC continues to work on this bill on a daily basis. We need the cooperation of the Legislature to fix the few problems in this bill and we’re excited to move this forward!
DIVISION I
EMPLOYER POLICIES REGARDING FIREARMS AND AMMUNITION — DEPARTMENT OF CORRECTIONS AND OTHER DETENTION FACILITIES — PARKING LOTS
This division incorporates the provisions of the “Employee Privacy Act” that IFC has advocated for in past years, protecting the jobs of Iowans who choose to make the lawful and moral choice to carry a defensive firearm. It prohibits employers – public or private – from firing employees who lawfully possess firearms or ammunition in their locked private vehicles in the employer’s parking areas. It includes some liability protections for employers. The division also will allow such firearm storage in vehicles on the publicly accessible, non-secured parking lots of correctional facilities. That is currently against Iowa law.
Division II
FIREARMS ON SCHOOL PROPERTY
This division is the “School Parking Lot” bill for which IFC has lobbied hard for several years. It will allow persons who possess a valid Permit to Carry Weapons to have a concealed pistol or revolver in their vehicle while dropping off or picking up a person or item from a school, so long as the firearm remains inside the vehicle and the vehicle remains on the driveways and parking areas of the school.
This division also provides that a driver of school transportation may allow firearms on a school bus or other school transportation vehicle when authorized or directed to do so by the school. (In other words, current law is being changed to allow for armed school security to accompany students on field trips, to athletic events, etc.)
Finally, certain retired law enforcement personnel will now be allowed to carry firearms at schools.
DIVISION III
DANGEROUS WEAPONS IN VEHICLES AT REGENTS’ UNIVERSITIES AND COMMUNITY COLLEGE CAMPUSES
This division will bar state universities and community colleges from adopting or enforcing any policy or rule that prohibits the carrying, transportation, or possession of any dangerous weapon, as defined in Iowa Code 702.7, in a personal vehicle on the grounds of such a college or university if the dangerous weapon is not visible from the outside of the vehicle and such carrying, transportation, or possession is not otherwise unlawful.
DIVISION IV
INSURANCE COVERAGE —— FIREARMS ON SCHOOL GROUNDS
This division will prohibit insurers from denying property and casualty insurance coverage to schools on the basis that the school has authorized a person or persons to be armed at the school. (IFC notes that the Spirit Lake and Cherokee school districts have already been threatened with loss of insurance coverage since announcing last year their intent to train and arm staff members.)
DIVISION V
GUNS IN VEHICLES ON PUBLIC HIGHWAYS
This division fixes the potential “manner of conveyance” problem that cropped up after the adoption of permitless carry. This repeals an old hunting law – and the associated fine for violation – that required long guns to be unloaded and cased or broken down in a vehicle on a public highway. There was a general belief that having a permit to carry provided an exception to this law, though that was probably never actually the case.
DIVISION VI
SUSPENSION AND REVOCATION OF PERMITS
After seeing significant last-minute changes to this division, IFC asked that it be deleted before filing. That request came too late for the Legislative Services Agency to react. Because this division and Division VII remain in the bill (for the time being) IFC has been forced to declare as “Undecided” on HSB173.
As filed, this division is a mess – and the meager remains of what was a lengthy and well-considered division that greatly altered Iowa Code 724. The current text seems to be a result of a drafting error by the Legislative Services Agency. As written, it fixes nothing and causes new problems.
The original language would have corrected a significant single-word error in HF756, the 2021 bill that repealed the requirement for a permit to carry weapons. It also would have eliminated some unintended consequences of that bill and would have better aligned Iowa’s weapons laws with the U.S. Supreme Court’s landmark Second Amendment decision in the Bruen case.
It is vital that, at the very least, those technical corrections be reinserted into HSB173. IFC will lobby strongly for that result.
DIVISION VII
CARRYING WEAPONS ON STATE FAIRGROUNDS
IFC also asked that this division be deleted before filing. This division originally barred the Iowa State Fair Board from prohibiting the otherwise lawful concealed carry of any weapon at the Iowa State Fair, including in the buildings. That language was removed and what replaced it is of no help to Iowans who wish to protect themselves and their families at the Fair and while traveling to and from the Fair. In fact, this now merely puts into Iowa Code the present situation, which is that the Fair has its own police force and has set up (far less than effective thus far) screening for weapons at the entrances to the Fair. IFC will not support this language. It needs to be deleted or significantly amended.
DIVISION VIII
CARRYING FIREARMS ON SNOWMOBILES AND ALL-TERRAIN VEHICLES
This division merely deletes a large amount of confusing and unnecessary language from the Code sections regulating carrying of firearms on ATVs and snowmobiles. It is generally lawful for Iowans to carry firearms on these vehicles. The general ban on discharging a firearm from such a vehicle will remain in place.
DIVISION IX
FIREARMS ON PROPERTIES LICENSED TO CONDUCT GAMBLING GAMES OR SPORTS WAGERING
This division lifts the state’s ban on carrying firearms on the premises of licensed gambling facilities. It does not prevent a licensee from prohibiting firearms on their property.
PLEASE JOIN IFC TO HELP US CONTINUE ADVANCING AND DEFENDING YOUR FREEDOMS
This is all well, however, Iowa is still failing it’s citizens in the 5th Amendment Due Process of Law category in the subject matter of “Antique Firearms” that were previously and still are exempted in 724.1 as offensive weapons, and 724.15 as NOT required “Under state law” *no regulation meaning no firearm, as something not requiring a permit to acquire. Therefore, it is something that the Department of Corrections, and leaders of the House of Representatives would appear to be correct in stating it is NOT governed or viewed to be as a firearm via state, or federal law. However, there is a case of someone being sentenced after being legally advised by these individuals, for being a felon in possession of a firearm for an antique replica muzzleloader irregardless!
***This is a 5th amendment violation and stands reason to be a bigger issue than the above scenarios, for we are discussing the bill of rights and US Citizens being violated of their 5th Amendment.
As it reads, 724.25 directly defines what is a felon, as well as what is an “Antique Firearm” with verbatim language of the exempting language of federal guidance directly before going into 724.26 for what is possession of firearm by prohibited person.
As is, there is NO definition in actual statute of firearm, but what appears to be a definition in .25 to define an antique however, with the intention as it says, to show (AS DEFINED) in ALL of chapter 724, congruence of how it is to be viewed in Iowa similar to federal law as no governing regulations have ever been enforced whatsoever.
This must be addressed, either by Iowa legislature, or federal, as this person has been violated and in all honesty should have assistance moving forward against the violations of their Constitutional rights.
This Wednesday, February 22 at 10 AM, the Good People of IFC and Pro 2A Iowans will be at the State Capital in Des Moines.
Come join us as we lobby our legislators and listen to Kris Paronto speak about our 2nd Amendment.
If you value your right to Keep and Bear Arms, this is where you need to be this Wednesday at 10 AM.
‘If you’re not down for the fight, then you’re down for submission”!