Bill > HSB173

Introduced Session

This bill relates to the transferring, carrying, transportation, and possession of weapons by certain persons H.F. _____ and in certain locations. The bill is organized by divisions. DIVISION I —— EMPLOYER POLICIES REGARDING FIREARMS AND AMMUNITION —— DEPARTMENT OF CORRECTIONS AND OTHER DETENTION FACILITIES —— PARKING LOTS. The bill provides that the current prohibition against introducing contraband into, or onto, the grounds of certain facilities and institutions under the jurisdiction of the department of corrections does not apply to the otherwise lawful carrying, transportation, or possession of a firearm or ammunition if the firearm or ammunition remains out of sight and inside a locked vehicle on the real property comprising the publicly accessible, nonsecure parking lot of the secure facility, jail, or institution. The bill prohibits an employer from prohibiting an employee from carrying, possessing, or transporting a firearm or ammunition on the real property comprising the employee’s place of employment if the firearm or ammunition is out of sight and inside a locked, privately owned motor vehicle and if the carrying, transportation, or possession of the firearm or ammunition is otherwise lawful under the laws of this state. The bill defines “employee”, which includes a contract employee or volunteer. The bill provides that an employer, owner, or lawful possessor of the property on which the employer is located is immune from any claim, cause of action, or lawsuit seeking damages alleged as a result of any firearm brought onto the property of the employer, owner, or lawful possessor on which the employer is located by an employee. The bill provides situations for which an employer may prohibit the carrying, transportation, or possession of firearms and ammunition. This division of the bill takes effect upon enactment. DIVISION II —— FIREARMS ON SCHOOL PROPERTY. Under current administrative rules, the driver of a school vehicle transporting pupils shall not permit firearms or other weapons, nor ammunition, to be carried in the passenger compartment. The bill allows a school district or nonpublic school to H.F. _____ authorize or direct a person to carry, transport, or possess a firearm, other weapon, or ammunition in a school vehicle. Current law generally prohibits a person from going armed with, carrying, or transporting a firearm of any kind, whether concealed or not, on the grounds of a school. The bill authorizes a person, whether a driver or passenger and including a person authorized or directed pursuant to the bill, while the person is dropping off or picking up from a school a student, staff member, or other person having business at the school, or while the person is making a delivery or pickup at a school, who has in the person’s possession a valid permit to carry weapons to go armed with, carry, or transport a concealed pistol or revolver on school grounds if the concealed pistol or revolver remains in the vehicle and the vehicle remains on the portion of the grounds of the school that comprises its driveways and parking areas. The bill also authorizes a retired peace officer to go armed with, carry, or transport a firearm on the grounds of a school if the retired peace officer retired in good standing, maintains certification, and, during the most recent 12-month period, has met the standards for qualifications in firearm safety training determined by the state agency or political subdivision that the individual formerly served. This division of the bill takes effect upon enactment. DIVISION III —— DANGEROUS WEAPONS IN VEHICLES AT REGENTS UNIVERSITIES AND COMMUNITY COLLEGE CAMPUSES. The bill provides that 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 shall not adopt or enforce any policy or rule that prohibits the carrying, transportation, or possession of any dangerous weapon, as defined in Code section 702.7, in a 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 H.F. _____ carrying, transportation, or possession is not otherwise prohibited under Code chapter 724. 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, 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, as amended in the bill, 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. DIVISION IV —— INSURANCE COVERAGE —— FIREARMS ON SCHOOL GROUNDS. The bill requires the commissioner of insurance to adopt rules no later than December 31, 2023, to prohibit an authorized insurer from denying property or casualty insurance to a school based solely on the presence of a person who lawfully goes armed with, carries, or transports a firearm on the grounds of a school. DIVISION V —— GUNS IN VEHICLES ON PUBLIC HIGHWAYS. Unless otherwise permitted by law, current law generally prohibits a person from having or carrying a gun in or on a vehicle on a public highway unless the gun is taken down or totally contained in a fastened case and with its barrels and attached magazines unloaded. A person conveying an assembled, unloaded gun is subject to a scheduled fine of $35. A person conveying a loaded gun is subject to a scheduled fine of $70. The bill repeals the prohibition and strikes the associated scheduled H.F. _____ fines. This division of the bill takes effect upon enactment. DIVISION VI —— SUSPENSION AND REVOCATION OF PERMITS. Under current law, an issuing officer who finds that a person issued a permit to carry weapons or a permit to acquire pistols or revolvers has been arrested for a disqualifying offense or is the subject of proceedings that could lead to the person’s ineligibility for such permit may immediately suspend such permit. If the suspension is based on an arrest or a proceeding that does not result in a disqualifying conviction or finding against the permit holder, the issuing officer shall immediately reinstate the permit upon receipt of proof of the matter’s final disposition. If the arrest leads to a disqualifying conviction or the proceedings to a disqualifying finding, the issuing officer shall revoke the permit. The bill strikes the provisions requiring an officer to immediately reinstate or revoke a permit. DIVISION VII —— CARRYING WEAPONS ON STATE FAIRGROUNDS. The bill provides that the state fair board may restrict the carrying, possession, or transportation of firearms or other dangerous weapons on property under the state fair board’s control if adequate arrangements are made by the state fair board to screen persons for firearms or other dangerous weapons and the state fair board provides armed security personnel on the property where the restriction is to be in effect. DIVISION VIII —— CARRYING FIREARMS ON SNOWMOBILES AND ALL-TERRAIN VEHICLES. Current law prohibits a person from operating or riding a snowmobile or all-terrain vehicle with a loaded firearm in the person’s possession unless the person is operating or riding the snowmobile or all-terrain vehicle on land that is owned, possessed, or rented by the person, and the person’s conduct is otherwise lawful. Additionally, a person may operate or ride a snowmobile or all-terrain vehicle with a loaded pistol or revolver on land that is not owned, possessed, or rented by the person if the person’s conduct is otherwise H.F. _____ lawful. The bill strikes these prohibitions and exceptions. This division of the bill takes effect upon enactment. DIVISION IX —— FIREARMS ON PROPERTIES LICENSED TO CONDUCT GAMBLING GAMES OR SPORTS WAGERING. Current administrative rules prevent a patron or employee of a facility licensed to conduct gambling games or sports wagering from possessing any pistol or firearm within the licensed facility without the express written approval of the administrator of the racing and gaming commission (commission). The bill provides that the administrative rules adopted by the commission shall not prohibit a licensee from authorizing a person to possess a firearm on the licensee’s property. The bill does not prohibit a licensee from adopting a policy limiting the possession of firearms on the licensee’s property.

Committee Categories

No sponsors listed

Other Sponsors (1)

Committee report approving bill, renumbered as HF 654. (on 03/07/2023)

Official Document