(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 or to 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 Code r.
11-100.2
ARC 3179C, IAB
7/5/17, effective 7/1/17; ARC
3287C, IAB 8/30/17, effective 10/4/17; ARC 5993C, IAB 10/20/21, effective
11/24/21
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
