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Concealed Weapons Ordinance Amendment CM.B,E. R E N N A R U M W E L L S Q ACA S S I S T A N T I T Y T T O R N E Y M E M O T: Michael C. Van Milligen, City Manager O D: February 18, 2008 ATE R: Concealed Weapons Ordinance E In late January I sent a modification to the concealed weapon ordinance for consideration by the City Council. The amendment is scheduled for review by the City Council this evening. The changes were intended to update the City’s ordinance to incorporate the exceptions enumerated by the State Legislature since the City’s last modification in 1979. In making the amendments an unintended consequence related to knives occurred. The state code makes carrying a concealed knife, depending on intent and/or length of the knife, either an aggravated or serious misdemeanor. As cities cannot charge aggravated or serious misdemeanors I did not incorporate those provisions. The result, under the proposed city ordinance, is that an individual could be cited under the city ordinance for carrying a pocket knife or a knife related to the individual’s employment. I have attached a slight change to the proposed amendment in order to correct this error. It is important to note that an individual can still be charged under the state code for carrying a knife. cc: Kim Wadding, Chief of Police T~~ crrY of Dubuque -... ~~~ ~ All-an~;cacity ,..~ Masterpiece on the Mississippi ,., I. 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Concealed Weapons Ordinance DATE: February 13, 2008 Assistant City Attorney Crenna Brumwell is recommending amendments to the City's Concealed Weapons Ordinance. The Iowa Code section on concealed weapons enumerates a number of exceptions that include, but are not limited to, law enforcement officers, correctional officers, and persons lawfully engaged in target practice, hunting, or fishing. The City of Dubuque Concealed Weapon Ordinance currently has no exceptions and was last updated in 1979. I concur with the recommendation and respectfully request Mayor and City Council approval. ~~, Mic ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Crenna Brumwell, Assistant City Attorney THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi ~'" CRENNA M. BRUMWELL, ESQ. ~7 ASSISTANT CITY ATTORNEY To: Michael Van Milligen City Manager DATE: February 1, 2008 RE: Concealed Weapons Ordinance Mike: The Iowa Code section on concealed weapons enumerates a number of exceptions which include, but are not limited to, law enforcement officers, correctional officers, and persons lawfully engaged in target practice, hunting, or fishing. The City of Dubuque Concealed Weapon Ordinance currently has no exceptions and was last updated in 1979. The City's Ordinance would likely fail constitutional analysis. I am attaching a proposed amendment to the Ordinance which adopts the exceptions as listed in the State Code for your review. I have consulted with Chief Kim Wadding on the proposed change and he agrees with this course of action. I recommend this item be placed on an upcoming Council Agenda for consideration. Thank you. Enclosure cc: Kim Wadding, Chief of Police OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4381 / FAx (563) 583-1040 / ENnAIL cbrumwel@cityofdubuque.org Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. to -08 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 33-10 CARRYING CONCEALED WEAPONS BY ADDING EXCEPTIONS TO SUCH OFFENSE. Section 1. City of Dubuque Code of Ordinances § 33-10 is amended to read as follows: Sec. 33-10. Carrying Concealed Weapon: It shall be unlawful for any person to carry under such person's clothes or concealed about their person or to be found in possession of any slingshot, knuckles of metal or other material, air gun, or any other weapon other than a knife. This section does not apply to any of the following: (a) A person who goes armed with a dangerous weapon in the person's own dwelling or place of business, or on land owned or possessed by the person. (b) A peace officer, when the officer's duties require the person to carry such weapons. (c) A member of the armed forces of the United States or of the national guard or person in the service of the United States, when the weapons are carried in connection with the person's duties as such. (d) A correctional officer, when the officer's duties require, serving under the authority of the Iowa department of corrections. (e) A person who for any lawful purpose carries an unloaded pistol, revolver, or other dangerous weapon inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person. (f) A person who for any lawful purpose carries or transports an unloaded pistol or revolver in a vehicle inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person or inside a cargo or luggage compartment where the pistol or revolver will not be readily accessible to any person riding in the vehicle or common carrier. (g) A person while the person is lawfully engaged in target practice on a range designed for that purpose or while actually engaged in lawful hunting. (h) A person who carries a knife used in hunting or fishing, while actually engaged in lawful hunting or fishing. (i) A person who has in the person's possession and who displays to a peace officer on demand a valid permit to carry weapons which has been issued to the person, and whose conduct is within the limits of that permit. A person shall not be convicted of a violation of this section if the person produces at the person's trial a permit to carry weapons which was valid at the time of the alleged offense and which would have brought the person's conduct within this exception if the permit had been produced at the time of the alleged offense. (j) . A law enforcement officer from another state when the officer's duties require the officer to carry the weapon and the officer is in this state for any of the following reasons: (1) The extradition or other lawful removal of a prisoner from this state. (2) Pursuit of a suspect in compliance with chapter 806. (3) Activities in the capacity of a law enforcement officer with the knowledge and consent of the chief of police of the city or the sheriff of the county in which the activities occur or of the commissioner of public safety. (k) A person engaged in the business of transporting prisoners under a contract with the Iowa department of corrections or a county sheriff, a similar agency from another state, or the federal government. Section 2. This Ordinance shall take effect on publication. Passed, approved and adopted this 18th day of February, 2008. Attest: Jeanne F. Schneider, City Clerk Roy D. Buol, Mayor EFFECT OF AMENDMENT Sec. 33-10. Carrying Concealed Weapon: It shall be unlawful for any person to carry under such person's clothes or concealed about their person to be found in possession of any slingshot, knuckles of metal or other material, air gun, or any other weapon. ^+hor +hnn n I~nifo This section does not apply to any of the following: (a) A person who goes armed with a dangerous weapon in the person's own dwelling or place of business or on land owned or possessed by the person. (b) A peace officer when the officer's duties require the person to carry such weapons. ~c) A member of the armed forces of the United States or of the national guard or person in the service of the United States when the weapons are carried in connection with the person's duties as such. ~d) A correctional officer when the officer's duties require, serving under the authority of the Iowa department of corrections. (e) A person who for any lawful purpose carries an unloaded pistol, revolver, or other dangerous weapon inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person. ~f) R person who for any lawful purpose carries or transports an unloaded pistol or revolver in a vehicle inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person or inside a cargo or luggage compartment where the pistol or revolver will not be readily accessible to any person riding_in the vehicle or common carrier. fig) A person while the person is lawfully engaged in target practice on a range designed for that purpose or while actually engaged in lawful hunting. ~h~ A person who carries a knife used in hunting or fishing while actually engaged in lawful hunting or fishing. ~i) A person who has in the person's possession and who displays to a peace officer on demand a valid permit to carry weapons which has been issued to the person, and whose conduct is within the limits of that permit. A person shall not be convicted of a violation of this section if the person produces at the person's trial a permit to carry weapons which was valid at the time of the alleged offense and which would have brought the person's conduct within this exception if the permit had been produced at the time of the alleged offense. A law enforcement officer from another state when the officer's duties require the officer to carry the weapon and the officer is in this state for any of the following reasons: ~1) The extradition or other lawful removal of a prisoner from this state. ~2) Pursuit of a suspect in compliance with chapter 806. (3) Activities in the capacity of a law enforcement officer with the knowledge and consent of the chief of police of the city or the sheriff of the county in which the activities occur or of the commissioner of public safety. (k) A person engaged in the business of transporting prisoners under a contract with the Iowa department of corrections or a county sheriff, a similar agency from another state or the federal government.