(1)
Dangerous weapons. No member of the
public shall carry a
dangerous weapon in state buildings on the
capitol complex except as otherwise
provided in subrule 100.2(2). This provision applies to any member of the
public whether or not the individual possesses a valid Iowa permit to carry
weapons. This provision does not apply to:
a.
A peace officer as defined in Iowa Code section 801.4 or a member of the armed
forces of the United States or of the national guard, when the person's duties
or lawful activities require or permit possession of a dangerous
weapon.
b. A person possessing a
valid Iowa professional permit to carry a weapon whose duties require that
person to carry a dangerous weapon.
c. A person who possesses a dangerous weapon
for any purpose authorized by a state agency to further the statutory or
regulatory responsibilities of that agency. An authorization issued pursuant to
this paragraph shall not become effective until it has been issued in writing
to the person or persons to whom it applies and until copies of the
authorization have been received by the director and by the commissioner of
public safety.
d. Members of
recognized military veterans organizations performing honor guard
service as
provided in Iowa Code section
35A.12.
Violation of this subrule is a simple misdemeanor, pursuant
to Iowa Code section
8A.322,
and may result in the denial of access to a state building, filing of criminal
charges or expulsion from the grounds of the capitol complex, or any
combination thereof, of any individual who knowingly violates the subrule. In
addition, any weapon found in possession of a member of the public in violation
of this subrule may be confiscated. Charges may be filed under any other
criminal statute if appropriate. Officers employed by or under the supervision
of the department of public safety shall have the authority to enforce this
subrule. Peace officers employed by other agencies shall have the authority to
enforce this subrule at the request of the commissioner of public safety or in
response to a request for assistance from an officer employed by the department
of public safety.
(2)
Pistols and revolvers.
No person, other than a peace officer, may openly carry a pistol or revolver in
the capitol building and on the grounds surrounding the capitol building
including state parking lots and parking garages. This provision does not
preclude the lawful carrying, transportation, or possession of a pistol or
revolver in the capitol building and on the grounds surrounding the capitol
building including the state parking lots and parking garages.
Violation of this subrule is a simple misdemeanor, pursuant
to Iowa Code section
8A.322,
and may result in the denial of access to a state building, filing of criminal
charges or expulsion from the grounds of the capitol complex, or any
combination thereof, of any individual who knowingly violates the subrule. In
addition, any weapon found in possession of a member of the public in violation
of this subrule may be confiscated. Charges may be filed under any other
criminal statute if appropriate. Officers employed by or under the supervision
of the department of public safety shall have the authority to enforce this
subrule. Peace officers employed by other agencies shall have the authority to
enforce this subrule at the request of the commissioner of public safety or in
response to a request for assistance from an officer employed by the department
of public safety.
(3)
Building access and security. The
department of administrative
services and the
department of
public safety shall take reasonable and
appropriate measures to ensure the safety of persons and property on the
capitol complex. These measures may include, but are not limited to, the
following:
a. Requiring any member of the
public entering a state building on the capitol complex to (1) provide
identification upon request; (2) allow the member of the public to be scanned
with metal detecting equipment; and (3) allow any parcel, package, luggage,
purse, or briefcase that the person is bringing into the building to be
examined with X-ray equipment orto have the contents thereof examined, or
both.
b. Requiring any member of
the public who is inside a state building on the capitol complex outside normal
business hours, other than when the building or portion of the building is open
to the public during a scheduled event, to provide identification and to state
the nature of the person's business in the building. A member of the public who
is in a state building on the capitol complex outside normal business hours,
other than during a scheduled event, and who does not have authorization to be
on the premises may be required to exit the building and be escorted from the
building.
c. Limiting public access
to state buildings on the capitol complex to selected entrances. Access to each
building through at least one entrance accessible to persons with disabilities
shall be maintained.
d. Limiting
hours during which public access is allowed to state buildings on the capitol
complex. Hours during which public access is allowed shall be posted at each
entrance to a building through which public access is allowed.
e. Confiscating any container including, but
not limited to, packages, bags, briefcases, or boxes that are left in
public
areas when the state building is not open to the
public. Any confiscated
container may be searched or destroyed, or both, or may be returned to the
owner. Any container that is left unattended in a
public area during hours in
which the state building is open to the
public may be examined.
Violation of this subrule is a simple misdemeanor, pursuant
to Iowa Code section
8A.322,
and may result in the denial of access to a state building, filing of criminal
charges or expulsion from the grounds of the capitol complex, or any
combination thereof, of the individual who knowingly violates the subrule.
Charges may be filed under any other criminal statute if appropriate. Officers
employed by or under the supervision of the department of public safety shall
have the authority to enforce this subrule. Peace officers employed by other
agencies shall have the authority to enforce this subrule at the request of the
commissioner of public safety or in response to a request for assistance from
an officer employed by the department of public safety.
(4)
Fireworks. No
person shall use or explode consumer fireworks, display fireworks, or
novelties, as those terms are defined in Iowa Code section
727.2, on the capitol
complex without the director's advanced written approval.
(5)
Access barriers. The
director may cause the temporary or permanent placement of barricades, ropes,
signs, or other barriers to access certain parts of state buildings or grounds.
Unauthorized persons beyond the barriers may be removed with the assistance of
officers of the department of public safety or charged with a criminal offense
if appropriate, or both.
Notes
Iowa Admin. Code r. 11-100.2
Amended by
IAB
July 5, 2017/Volume XL, Number 01, effective
7/1/2017
Amended by
IAB
August 30, 2017/Volume XL, Number 5, effective
10/4/2017
Amended by
IAB
October 20, 2021/Volume XLIV, Number 8, effective
11/24/2021