House File 2281 - Introduced
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HF 2042)
A BILL FOR
1 An Act relating to the possession of a pistol, revolver, or
2 ammunition by persons under fourteen years of age, and
3 including effective date provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 724.22, subsection 5, Code 2016, is
1 2 amended to read as follows:
1 3 5. A parent or guardian or spouse who is twenty=one years of
1 4 age or older, of a person fourteen years of age but less than
1 5 under the age of twenty=one may allow the person to possess a
1 6 pistol or revolver or the ammunition therefor for any lawful
1 7 purpose while under the direct supervision of the parent or
1 8 guardian or spouse who is twenty=one years of age or older, or
1 9 while the person receives instruction in the proper use thereof
1 10 from an instructor twenty=one years of age or older, with the
1 11 consent of such parent, or guardian or spouse.
1 12 Sec. 2. Section 724.22, Code 2016, is amended by adding the
1 13 following new subsections:
1 14 NEW SUBSECTION. 8. A parent or guardian or spouse who is
1 15 twenty=one years of age or older, of a minor under the age of
1 16 fourteen years who allows that minor to possess a pistol or
1 17 revolver or the ammunition therefor for any lawful purpose
1 18 while under direct supervision of the parent or guardian or
1 19 spouse who is twenty=one years of age or older, shall be
1 20 strictly liable to an injured party for all damages resulting
1 21 from the possession of the pistol or revolver or ammunition
1 22 therefor by that minor.
1 23 NEW SUBSECTION. 9. As used in this section, "direct
1 24 supervision" means supervision provided by another person who
1 25 maintains visual and verbal contact at all times with the
1 26 supervised person.
1 27 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
1 28 immediate importance, takes effect upon enactment.
1 29 EXPLANATION
1 30 The inclusion of this explanation does not constitute agreement with
1 31 the explanation's substance by the members of the general assembly.
1 32 This bill relates to the possession of a pistol, revolver, or
1 33 ammunition by persons under the age of 14.
1 34 Current law prohibits all persons including a parent,
1 35 guardian, or spouse from allowing a person under 14 years of
2 1 age to possess a pistol, revolver, or the ammunition therefor.
2 2 A person who violates current law commits a serious misdemeanor
2 3 for a first offense and a class "D" felony for any second or
2 4 subsequent offense.
2 5 Current law does allow a person at least 14 years of age but
2 6 under 21 years of age to possess a pistol, revolver, or the
2 7 ammunition therefor, if such person has consent from a parent,
2 8 guardian, or spouse who is 21 years of age or older. Current
2 9 law also permits a person under 21 years of age but at least
2 10 18 years of age, while on military duty, or while acting as
2 11 a peace officer, security guard, or correctional officer, to
2 12 possess a pistol, revolver, or the ammunition therefor without
2 13 consent from a parent, guardian, or spouse.
2 14 The bill allows a parent, guardian, or spouse who is 21 years
2 15 of age or older, while under the direct supervision of the
2 16 parent, guardian, or spouse, or an instructor 21 years of age
2 17 or older with the consent of the parent, guardian, or spouse,
2 18 to permit a person under 14 years of age to possess a pistol or
2 19 revolver or the ammunition therefor, which may then be lawfully
2 20 used.
2 21 The bill provides that a parent or guardian or spouse who
2 22 is 21 years of age or older, of a minor under 14 years of age,
2 23 who allows that minor to possess a pistol or revolver or the
2 24 ammunition therefor for any lawful purpose while under the
2 25 direct supervision of the parent or guardian or spouse who
2 26 is 21 years of age or older, shall be strictly liable to an
2 27 injured party for all damages resulting from the possession of
2 28 the pistol or revolver or ammunition therefor by that minor.
2 29 The bill defines "direct supervision" for purposes of Code
2 30 section 724.22 to mean supervision provided by another person
2 31 who maintains visual and verbal contact at all times with the
2 32 supervised person.
2 33 The bill takes effect upon enactment.
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