Senate File 425 - Introduced
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB
1251)
A BILL FOR
1 An Act relating to the possession, manufacture, acquisition,
2 and sale of firearms and suppressors, providing penalties,
3 and including effective date and applicability provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 1099SV (3) 86
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PAG LIN
1 1 Section 1. Section 724.1, subsection 1, paragraph h, Code
1 2 2015, is amended by striking the paragraph.
1 3 Sec. 2. NEW SECTION. 724.1A Firearm suppressors ====
1 4 certification.
1 5 1. As used in this section, unless the context otherwise
1 6 requires:
1 7 a. "Certification" means the participation and assent of
1 8 the chief law enforcement officer of the jurisdiction where the
1 9 applicant resides or maintains an address of record, that is
1 10 necessary under federal law for the approval of an application
1 11 to make or transfer a firearm suppressor.
1 12 b. "Chief law enforcement officer" means the county sheriff,
1 13 chief of police, or the designee of such official, that the
1 14 federal bureau of alcohol, tobacco, firearms and explosives,
1 15 or any successor agency, has identified by regulation or has
1 16 determined is otherwise eligible to provide any required
1 17 certification for making or transferring a firearm suppressor.
1 18 c. "Firearm suppressor" means a mechanical device
1 19 specifically constructed and designed so that when attached to
1 20 a firearm silences, muffles, or suppresses the sound when fired
1 21 that is considered a "firearm silencer" or "firearm muffler" as
1 22 defined in 18 U.S.C. {921.
1 23 2. a. A chief law enforcement officer is not required
1 24 to make any certification under this section the chief law
1 25 enforcement officer knows to be false, but the chief law
1 26 enforcement officer shall not refuse, based on a generalized
1 27 objection, to issue a certification to make or transfer a
1 28 firearm suppressor.
1 29 b. When the certification of the chief law enforcement
1 30 officer is required by federal law or regulation for making or
1 31 transferring a firearm suppressor, the chief law enforcement
1 32 officer shall, within thirty days of receipt of a request for
1 33 certification, issue such certification if the applicant is
1 34 not prohibited by law from making or transferring a firearm
1 35 suppressor or is not the subject of a proceeding that could
2 1 result in the applicant being prohibited by law from making
2 2 or transferring the firearm suppressor. If the chief law
2 3 enforcement officer does not issue a certification as required
2 4 by this section, the chief law enforcement officer shall
2 5 provide the applicant with a written notification of the denial
2 6 and the reason for the denial.
2 7 3. An applicant whose request for certification is denied
2 8 may appeal the decision of the chief law enforcement officer
2 9 to the district court for the county in which the applicant
2 10 resides or maintains an address of record. The court shall
2 11 review the decision of the chief law enforcement officer to
2 12 deny the certification de novo. If the court finds that the
2 13 applicant is not prohibited by law from making or transferring
2 14 the firearm suppressor, or is not the subject of a proceeding
2 15 that could result in such prohibition, or that no substantial
2 16 evidence supports the decision of the chief law enforcement
2 17 officer, the court shall order the chief law enforcement
2 18 officer to issue the certification and award court costs and
2 19 reasonable attorney fees to the applicant. If the court
2 20 determines the applicant is not eligible to be issued a
2 21 certification, the court shall award court costs and reasonable
2 22 attorney fees to the political subdivision of the state
2 23 representing the chief law enforcement officer.
2 24 4. In making a determination about whether to issue a
2 25 certification under subsection 2, a chief law enforcement
2 26 officer may conduct a criminal background check, but shall
2 27 only require the applicant provide as much information as is
2 28 necessary to identify the applicant for this purpose or to
2 29 determine the disposition of an arrest or proceeding relevant
2 30 to the eligibility of the applicant to lawfully possess or
2 31 receive a firearm suppressor. A chief law enforcement officer
2 32 shall not require access to or consent to inspect any private
2 33 premises as a condition of providing a certification under this
2 34 section.
2 35 5. A chief law enforcement officer and employees of the
3 1 chief law enforcement officer who act in good faith are immune
3 2 from liability arising from any act or omission in making a
3 3 certification as required by this section.
3 4 Sec. 3. NEW SECTION. 724.1B Firearm suppressors == penalty.
3 5 1. A person shall not possess a firearm suppressor in this
3 6 state unless authorized by federal law.
3 7 2. A person who possesses a firearm suppressor in violation
3 8 of subsection 1 commits a class "D" felony.
3 9 Sec. 4. Section 724.4, subsection 4, paragraph i, Code 2015,
3 10 is amended to read as follows:
3 11 i. (1) A person who has in the person's immediate
3 12 possession and who displays to a peace officer on demand a
3 13 valid permit to carry weapons which has been issued to the
3 14 person, and whose conduct is within the limits of that permit.
3 15 A peace officer shall verify through electronic means, if
3 16 possible, the validity of the person's permit to carry weapons.
3 17 (2) A person commits a simple misdemeanor punishable as
3 18 a scheduled violation pursuant to section 805.8C, subsection
3 19 11, if the person does not have in the person's immediate
3 20 possession a valid permit to carry weapons which has been
3 21 issued to the person.
3 22 (3) A Except as provided subparagraph (2), a person shall
3 23 not be convicted of a violation of this section if the person
3 24 produces at the person's trial a permit to carry weapons which
3 25 was valid at the time of the alleged offense and which would
3 26 have brought the person's conduct within this exception if the
3 27 permit had been produced at the time of the alleged offense.
3 28 Sec. 5. Section 724.4B, subsection 2, paragraph a, Code
3 29 2015, is amended to read as follows:
3 30 a. A person listed under section 724.4, subsection 4,
3 31 paragraphs "b" through "f" or "j", or a certified peace officer
3 32 as specified in section 724.6, subsection 1.
3 33 Sec. 6. Section 724.5, Code 2015, is amended to read as
3 34 follows:
3 35 724.5 Duty to carry or verify permit to carry weapons.
4 1 1. A person armed with a revolver, pistol, or pocket billy
4 2 concealed upon the person shall have in the person's immediate
4 3 possession the permit provided for in section 724.4, subsection
4 4 4, paragraph "i", and shall produce the permit for inspection at
4 5 the request of a peace officer.
4 6 2. A peace officer shall verify through electronic means, if
4 7 possible, the validity of the person's permit to carry weapons.
4 8 3. Failure to so produce a permit is a simple misdemeanor,
4 9 punishable as a scheduled violation pursuant to section 805.8C,
4 10 subsection 12.
4 11 Sec. 7. Section 724.6, subsection 1, Code 2015, is amended
4 12 to read as follows:
4 13 1. A person may be issued a permit to carry weapons when
4 14 the person's employment in a private investigation business
4 15 or private security business licensed under chapter 80A, or a
4 16 person's employment as a peace officer, correctional officer,
4 17 security guard, bank messenger or other person transporting
4 18 property of a value requiring security, or in police work,
4 19 reasonably justifies that person going armed. The permit shall
4 20 be on a form prescribed and published by the commissioner of
4 21 public safety, shall identify the holder, and shall state
4 22 the nature of the employment requiring the holder to go
4 23 armed. A permit so issued, other than to a peace officer,
4 24 shall authorize the person to whom it is issued to go armed
4 25 anywhere in the state, only while engaged in the employment,
4 26 and while going to and from the place of the employment. A
4 27 permit issued to a certified peace officer shall authorize that
4 28 peace officer to go armed anywhere in the state, including a
4 29 school as provided in section 724.4B, at all times. Permits
4 30 shall expire twelve months after the date when issued except
4 31 that permits issued to peace officers and correctional officers
4 32 are valid through the officer's period of employment unless
4 33 otherwise canceled. When the employment is terminated, the
4 34 holder of the permit shall surrender it to the issuing officer
4 35 for cancellation.
5 1 Sec. 8. Section 724.7, subsection 1, Code 2015, is amended
5 2 to read as follows:
5 3 1. Any person who is not disqualified under section 724.8,
5 4 who satisfies the training requirements of section 724.9, if
5 5 applicable, and who files an application in accordance with
5 6 section 724.10 shall be issued a nonprofessional permit to
5 7 carry weapons. Such permits shall be on a form prescribed and
5 8 published by the commissioner of public safety, which shall
5 9 be readily distinguishable from the professional permit, and
5 10 shall identify the holder of the permit. Such permits shall
5 11 not be issued for a particular weapon and shall not contain
5 12 information about a particular weapon including the make,
5 13 model, or serial number of the weapon or any ammunition used
5 14 in that weapon. All permits so issued shall be for a period of
5 15 five years and shall be valid throughout the state except where
5 16 the possession or carrying of a firearm is prohibited by state
5 17 or federal law.
5 18 Sec. 9. Section 724.9, Code 2015, is amended to read as
5 19 follows:
5 20 724.9 Firearm training program.
5 21 1. An applicant for an initial permit to carry weapons,
5 22 an applicant for a renewal permit under subsection 2, or an
5 23 applicant for renewal who applies outside the time periods
5 24 specified for a renewal in section 724.11, shall demonstrate
5 25 knowledge of firearm safety by any of the following means:
5 26 a. Completion of any national rifle association handgun
5 27 safety training course.
5 28 b. Completion of any handgun safety training course
5 29 available to the general public offered by a law enforcement
5 30 agency, community college, college, private or public
5 31 institution or organization, or firearms training school,
5 32 utilizing instructors certified by the national rifle
5 33 association or the department of public safety or another
5 34 state's department of public safety, state police department,
5 35 or similar certifying body.
6 1 c. Completion of any handgun safety training course offered
6 2 for security guards, investigators, special deputies, or any
6 3 division or subdivision of a law enforcement or security
6 4 enforcement agency approved by the department of public safety.
6 5 d. Completion of small arms training while serving with the
6 6 armed forces of the United States as evidenced by any of the
6 7 following:.
6 8 (1) For personnel released or retired from active duty,
6 9 possession of an honorable discharge or general discharge under
6 10 honorable conditions.
6 11 (2) For personnel on active duty or serving in one of the
6 12 national guard or reserve components of the armed forces of the
6 13 United States, possession of a certificate of completion of
6 14 basic training with a service record of successful completion
6 15 of small arms training and qualification.
6 16 e. Completion of a law enforcement agency firearms training
6 17 course that qualifies a peace officer to carry a firearm in the
6 18 normal course of the peace officer's duties.
6 19 2. a. Beginning with the first renewal of a permit
6 20 issued after the calendar year 2010, and alternating renewals
6 21 thereafter, training is not required unless the applicant
6 22 applies outside of the time periods specified for a renewal in
6 23 section 724.11.
6 24 b. Beginning with the second renewal of a permit issued
6 25 after the calendar year 2010, and alternating renewals
6 26 thereafter, an applicant is required to complete training and
6 27 shall qualify under either of the following:
6 28 (1) Any training option specified in subsection 1.
6 29 (2) On a firing range under the supervision of an instructor
6 30 certified by the national rifle association or the department
6 31 of public safety or another state's department of public
6 32 safety, state police department, or similar certifying body.
6 33 2. 3. Evidence If training or qualification is required
6 34 under this section, evidence of such training or qualification
6 35 under this section may be documented by any of the following:
7 1 a. A photocopy of a certificate of completion or any
7 2 similar document indicating completion of any course or
7 3 class identified in subsection 1 that was completed within
7 4 twenty=four months prior to the date of the application.
7 5 b. An affidavit from the instructor, school, organization,
7 6 or group that conducted or taught a course or class identified
7 7 in subsection 1 that was completed within twenty=four
7 8 months prior to the date of the application attesting to the
7 9 completion of the course or class by the applicant.
7 10 c. A copy of any document indicating participation in any
7 11 firearms shooting competition.
7 12 c. Possession of an honorable discharge or general discharge
7 13 under honorable conditions issued any time prior to the date of
7 14 the application for personnel released or retired from active
7 15 duty in the armed forces of the United States.
7 16 d. Possession of a certificate of completion of basic
7 17 training with a service record of successful completion of
7 18 small arms training and qualification issued prior to the
7 19 date of the application, or other official documentation
7 20 satisfactory to the issuing officer that was issued prior to
7 21 the date of the application for personnel on active duty or
7 22 serving in one of the national guard or reserve components of
7 23 the armed forces of the United States.
7 24 e. A qualification certificate, qualification card, or
7 25 affidavit from an instructor certified by the national rifle
7 26 association or the department of public safety or another
7 27 state's department of public safety, state police department,
7 28 or similar certifying body attesting that the applicant for
7 29 renewal has qualified on a firing range within twenty=four
7 30 months prior to the date of the application.
7 31 3. 4. An issuing officer shall not condition the issuance
7 32 of a permit on training requirements that are not specified in
7 33 or that exceed the requirements of this section.
7 34 5. The handgun safety training course required in
7 35 subsection 1 may be conducted over the internet in a live or
8 1 web=based format, if completion of the course is verified by
8 2 the instructor or provider of the course.
8 3 Sec. 10. Section 724.10, subsections 1 and 2, Code 2015, are
8 4 amended to read as follows:
8 5 1. a. A person shall not be issued a permit to carry
8 6 weapons unless the person has completed and signed an
8 7 application on a form to be prescribed and published by
8 8 the commissioner of public safety. The application shall
8 9 require only the full name, driver's license or nonoperator's
8 10 identification card number, residence, place of birth, and
8 11 date of birth of the applicant, and shall state whether the
8 12 applicant meets the criteria specified in sections 724.8
8 13 and 724.9. An applicant may provide the applicant's social
8 14 security number if the applicant so chooses. The applicant
8 15 shall also display an identification card that bears a
8 16 distinguishing number assigned to the cardholder, the full
8 17 name, date of birth, sex, residence address, and a brief
8 18 description and colored photograph of the cardholder.
8 19 b. If the applicant is not a United States citizen, the
8 20 application shall, in addition to the information specified in
8 21 paragraph "a", require the applicant's country of citizenship,
8 22 any alien or admission number issued by the United States
8 23 immigration and customs enforcement or any successor agency,
8 24 and, if applicable, the basis for any exception claimed
8 25 pursuant to 18 U.S.C. {922(y).
8 26 2. The issuing officer, upon receipt of an initial or
8 27 renewal application under this section, shall immediately
8 28 conduct a background check concerning each applicant by
8 29 obtaining criminal history data from the department of
8 30 public safety which shall include an inquiry of the national
8 31 instant criminal background check system maintained by the
8 32 federal bureau of investigation or any successor agency and
8 33 an immigration alien query through a database maintained by
8 34 the United States immigration and customs enforcement or any
8 35 successor agency if the applicant is not a United States
9 1 citizen.
9 2 Sec. 11. Section 724.11, subsections 1 and 3, Code 2015, are
9 3 amended to read as follows:
9 4 1. Applications for permits to carry weapons shall be made
9 5 to the sheriff of the county in which the applicant resides.
9 6 Applications for professional permits to carry weapons for
9 7 persons who are nonresidents of the state, or whose need to
9 8 go armed arises out of employment by the state, shall be made
9 9 to the commissioner of public safety. In either case, the
9 10 sheriff or commissioner, before issuing the permit, shall
9 11 determine that the requirements of sections 724.6 to 724.10
9 12 have been satisfied. However, for renewal of a permit the
9 13 training program requirements in section 724.9, subsection 1,
9 14 shall apply or the renewal applicant may choose to qualify on a
9 15 firing range under the supervision of an instructor certified
9 16 by the national rifle association or the department of public
9 17 safety or another state's department of public safety, state
9 18 police department, or similar certifying body. Such training
9 19 or qualification must occur within the twelve=month period
9 20 prior to the expiration of the applicant's current permit.
9 21 An applicant for renewal of a permit shall apply within
9 22 thirty days prior to the expiration of the permit or within
9 23 thirty days after the expiration of the permit; otherwise the
9 24 applicant shall be considered an applicant for an initial
9 25 permit under section 724.9, subsection 1.
9 26 3. The issuing officer shall collect a fee of fifty dollars,
9 27 except from a duly appointed peace officer or correctional
9 28 officer, for each permit issued. Renewal permits or duplicate
9 29 permits shall be issued for a fee of twenty=five dollars,
9 30 provided the application for such renewal permit is received by
9 31 the issuing officer at least within thirty days prior to the
9 32 expiration of the applicant's current permit or within thirty
9 33 days after such expiration. The issuing officer shall notify
9 34 the commissioner of public safety of the issuance of any permit
9 35 at least monthly and forward to the commissioner an amount
10 1 equal to ten dollars for each permit issued and five dollars
10 2 for each renewal or duplicate permit issued. All such fees
10 3 received by the commissioner shall be paid to the treasurer of
10 4 state and deposited in the operating account of the department
10 5 of public safety to offset the cost of administering this
10 6 chapter. Notwithstanding section 8.33, any unspent balance as
10 7 of June 30 of each year shall not revert to the general fund of
10 8 the state.
10 9 Sec. 12. Section 724.11, Code 2015, is amended by adding the
10 10 following new subsection:
10 11 NEW SUBSECTION. 5. The initial or renewal permit shall
10 12 have a uniform appearance, size, and content prescribed and
10 13 published by the commissioner of public safety. The permit
10 14 shall contain the name of the permittee and the effective date
10 15 of the permit, but shall not contain the permittee's social
10 16 security number. Such a permit shall not be issued for a
10 17 particular weapon and shall not contain information about a
10 18 particular weapon including the make, model, or serial number
10 19 of the weapon, or any ammunition used in that weapon.
10 20 Sec. 13. Section 724.11A, Code 2015, is amended to read as
10 21 follows:
10 22 724.11A Recognition.
10 23 A valid permit or license issued by another state to any
10 24 nonresident of this state shall be considered to be a valid
10 25 permit or license to carry weapons issued pursuant to this
10 26 chapter, except that such permit or license shall not be
10 27 considered to be a substitute for an annual a permit to acquire
10 28 pistols or revolvers firearms issued pursuant to section
10 29 724.15.
10 30 Sec. 14. Section 724.15, Code 2015, is amended by striking
10 31 the section and inserting in lieu thereof the following:
10 32 724.15 Optional permit to acquire firearms.
10 33 1. It is the purpose of this section to provide for a permit
10 34 to acquire firearms that will satisfy the requirements of 18
10 35 U.S.C. {922(t)(3) to allow the holder of such a permit to
11 1 acquire firearms from a federally licensed firearms dealer. A
11 2 person is not required to obtain a permit to acquire firearms
11 3 under this section if the person possesses a valid permit to
11 4 carry weapons issued in accordance with this chapter or if the
11 5 person has otherwise completed a satisfactory national instant
11 6 criminal background check required pursuant to 18 U.S.C.
11 7 {922(t).
11 8 2. A person may obtain a permit to acquire firearms pursuant
11 9 to this section. However, a permit to acquire firearms
11 10 shall not be issued to a person who is subject to any of the
11 11 following:
11 12 a. Is under twenty=one years of age.
11 13 b. Is prohibited by section 724.26 or federal law from
11 14 possessing, shipping, transporting, or receiving a firearm.
11 15 c. Is prohibited by court order from possessing, shipping,
11 16 transporting, or receiving a firearm.
11 17 3. A permit to acquire firearms shall authorize the permit
11 18 holder to acquire one or more firearms, without limitation,
11 19 from a federally licensed firearms dealer during the period the
11 20 permit remains valid pursuant to section 724.20.
11 21 4. An issuing officer who finds that a person issued
11 22 a permit to acquire firearms under this chapter has been
11 23 arrested for a disqualifying offense or who is the subject of
11 24 proceedings that could lead to the person's ineligibility for
11 25 such permit may immediately suspend such permit. An issuing
11 26 officer proceeding under this subsection shall immediately
11 27 notify the permit holder of the suspension by personal service
11 28 or certified mail on a form prescribed and published by the
11 29 commissioner of public safety and the suspension shall become
11 30 effective upon the permit holder's receipt of such notice. If
11 31 the suspension is based on an arrest or a proceeding that does
11 32 not result in a disqualifying conviction or finding against
11 33 the permit holder, the issuing officer shall immediately
11 34 reinstate the permit upon receipt of proof of the matter's
11 35 final disposition. If the arrest leads to a disqualifying
12 1 conviction or the proceedings to a disqualifying finding, the
12 2 issuing officer shall revoke the permit. The issuing officer
12 3 may also revoke the permit of a person whom the issuing officer
12 4 later finds was not qualified for such a permit at the time of
12 5 issuance or who the officer finds provided materially false
12 6 information on the permit application. A person aggrieved by a
12 7 suspension or revocation under this subsection may seek review
12 8 of the decision pursuant to section 724.21A.
12 9 Sec. 15. Section 724.16, Code 2015, is amended by striking
12 10 the section and inserting in lieu thereof the following:
12 11 724.16 Prohibited transfers of firearms.
12 12 1. A person shall not transfer a firearm to another person
12 13 if the person knows or reasonably should know that the other
12 14 person is prohibited from receiving or possessing a firearm
12 15 under section 724.26 or federal law.
12 16 2. A person shall not loan or rent a firearm to another
12 17 person for temporary use during lawful activities if the person
12 18 knows or reasonably should know that the person is prohibited
12 19 from receiving or possessing a firearm under section 724.26 or
12 20 federal law.
12 21 3. A person who transfers, loans, or rents a firearm in
12 22 violation of this section commits a class "D" felony.
12 23 Sec. 16. Section 724.17, Code 2015, is amended to read as
12 24 follows:
12 25 724.17 Application for annual permit to acquire firearms ====
12 26 criminal history check required.
12 27 1. The application for an annual a permit to acquire pistols
12 28 or revolvers firearms may be made to the sheriff of the county
12 29 of the applicant's residence and shall be on a form prescribed
12 30 and published by the commissioner of public safety.
12 31 a. The If an applicant is a United States citizen, the
12 32 application shall require only the full name of the applicant,
12 33 the driver's license or nonoperator's identification card
12 34 number of the applicant, the residence of the applicant, and
12 35 the date and place of birth of the applicant.
13 1 b. If the applicant is not a United States citizen, the
13 2 application shall, in addition to the information specified in
13 3 paragraph "a", require the applicant's country of citizenship,
13 4 any alien or admission number issued by the United States
13 5 immigration and customs enforcement or any successor agency,
13 6 and, if applicable, the basis for any exception claimed
13 7 pursuant to 18 U.S.C. {922(y).
13 8 c. The applicant shall also display an identification card
13 9 that bears a distinguishing number assigned to the cardholder,
13 10 the full name, date of birth, sex, residence address, and brief
13 11 description and colored photograph of the cardholder, or other
13 12 identification as specified by rule of the department of public
13 13 safety.
13 14 2. The sheriff shall conduct a criminal history check
13 15 concerning each applicant by obtaining criminal history data
13 16 from the department of public safety which shall include an
13 17 inquiry of the national instant criminal background check
13 18 system maintained by the federal bureau of investigation or
13 19 any successor agency and an immigration alien query through
13 20 a database maintained by the United States immigration and
13 21 customs enforcement or any successor agency if the applicant
13 22 is not a United States citizen.
13 23 3. A person who makes what the person knows to be a false
13 24 statement of material fact on an application submitted under
13 25 this section or who submits what the person knows to be any
13 26 materially falsified or forged documentation in connection with
13 27 such an application commits a class "D" felony.
13 28 Sec. 17. Section 724.18, Code 2015, is amended by striking
13 29 the section and inserting in lieu thereof the following:
13 30 724.18 Procedure for making application for permit to acquire
13 31 firearms.
13 32 1. A person may personally request the sheriff to mail an
13 33 application for a permit to acquire firearms, and the sheriff
13 34 shall immediately forward such application to the person. The
13 35 person shall personally deliver such a completed application to
14 1 the sheriff. The permit to acquire firearms shall be issued
14 2 to the applicant within thirty days of the receipt of the
14 3 completed application, unless the applicant is disqualified
14 4 after a criminal history check and immigration alien query, if
14 5 applicable.
14 6 2. For the purposes of this section and section 724.19,
14 7 the date of application shall be the date on which the sheriff
14 8 receives the completed application.
14 9 Sec. 18. Section 724.19, Code 2015, is amended to read as
14 10 follows:
14 11 724.19 Issuance of annual permit to acquire firearms.
14 12 The annual permit to acquire pistols or revolvers firearms
14 13 shall be issued to the applicant immediately upon completion
14 14 of the application within thirty days of the receipt of the
14 15 completed application, unless the applicant is disqualified
14 16 under the provisions of section 724.15 and or 724.17. The
14 17 permit shall be on a form have a uniform appearance, size, and
14 18 content prescribed and published by the commissioner of public
14 19 safety. The permit shall contain the name of the permittee,
14 20 the residence of the permittee, and the effective date of the
14 21 permit, but shall not contain the permittee's social security
14 22 number. Such a permit shall not be issued for a particular
14 23 weapon and shall not contain information about a particular
14 24 weapon including the make, model, or serial number of the
14 25 weapon, or any ammunition used in that weapon.
14 26 Sec. 19. Section 724.20, Code 2015, is amended to read as
14 27 follows:
14 28 724.20 Validity of annual permit to acquire pistols or
14 29 revolvers firearms.
14 30 The permit shall be valid throughout the state and shall
14 31 be valid three days after the date of application and shall
14 32 be invalid one year five years after the date of application
14 33 issuance.
14 34 Sec. 20. Section 724.21, Code 2015, is amended to read as
14 35 follows:
15 1 724.21 Giving false information when acquiring weapon
15 2 firearms.
15 3 A person who gives a false name or presents false
15 4 identification, or otherwise knowingly gives false material
15 5 information to one from whom the person seeks to acquire a
15 6 pistol or revolver firearm, commits a class "D" felony.
15 7 Sec. 21. Section 724.21A, subsections 1 and 7, Code 2015,
15 8 are amended to read as follows:
15 9 1. In any case where the sheriff or the commissioner of
15 10 public safety denies an application for or suspends or revokes
15 11 a permit to carry weapons or an annual a permit to acquire
15 12 pistols or revolvers firearms, the sheriff or commissioner
15 13 shall provide a written statement of the reasons for the
15 14 denial, suspension, or revocation and the applicant or permit
15 15 holder shall have the right to appeal the denial, suspension,
15 16 or revocation to an administrative law judge in the department
15 17 of inspections and appeals within thirty days of receiving
15 18 written notice of the denial, suspension, or revocation.
15 19 7. In any case where the issuing officer denies an
15 20 application for, or suspends or revokes a permit to carry
15 21 weapons or an annual a permit to acquire pistols or revolvers
15 22 firearms solely because of an adverse determination by
15 23 the national instant criminal background check system, the
15 24 applicant or permit holder shall not seek relief under this
15 25 section but may pursue relief of the national instant criminal
15 26 background check system determination pursuant to Pub. L. No.
15 27 103=159, sections 103(f) and (g) and 104 and 28 C.F.R. {25.10,
15 28 or other applicable law. The outcome of such proceedings shall
15 29 be binding on the issuing officer.
15 30 Sec. 22. Section 724.21A, Code 2015, is amended by adding
15 31 the following new subsection:
15 32 NEW SUBSECTION. 8. If an applicant appeals the decision
15 33 by the sheriff or commissioner to deny an application, or
15 34 suspend or revoke a permit to carry weapons or a permit to
15 35 acquire firearms, and it is later determined the applicant
16 1 is eligible to be issued or possess such a permit, the
16 2 applicant shall be awarded costs related to the administrative
16 3 proceeding and reasonable attorney fees if applicable. If the
16 4 decision of the sheriff or commission to deny the application,
16 5 or suspend or revoke the permit is upheld on appeal, the
16 6 political subdivision of the state representing the sheriff
16 7 or the commissioner shall be awarded costs related to the
16 8 administrative proceeding and reasonable attorney fees if
16 9 applicable.
16 10 Sec. 23. Section 724.22, subsection 5, Code 2015, is amended
16 11 to read as follows:
16 12 5. A parent or guardian or spouse who is twenty=one years of
16 13 age or older, of a person fourteen years of age but less than
16 14 below the age of twenty=one may allow the person to possess a
16 15 pistol or revolver or the ammunition therefor for any lawful
16 16 purpose while under the direct supervision of the parent or
16 17 guardian or spouse who is twenty=one years of age or older, or
16 18 while the person receives instruction in the proper use thereof
16 19 from an instructor twenty=one years of age or older, with the
16 20 consent of such parent, guardian or spouse.
16 21 Sec. 24. Section 724.23, Code 2015, is amended to read as
16 22 follows:
16 23 724.23 Records kept by commissioner and issuing officers.
16 24 1. a. The commissioner of public safety shall maintain a
16 25 permanent record of all valid permits to carry weapons and of
16 26 current permit revocations.
16 27 b. The permanent record shall be kept in a searchable
16 28 database that is accessible on a statewide basis for the
16 29 circumstances described in subsection 2, paragraph "b", "c", or
16 30 "d".
16 31 2. a. Notwithstanding any other law or rule to the
16 32 contrary, the commissioner of public safety and any issuing
16 33 officer shall keep confidential personally identifiable
16 34 information of holders of permits to carry weapons and permits
16 35 to acquire firearms, including but not limited to the name,
17 1 social security number, date of birth, residential or business
17 2 address, and driver's license or other identification number of
17 3 the applicant or permit holder.
17 4 b. This subsection shall not prohibit the release of
17 5 statistical information relating to the issuance, denial,
17 6 revocation, or administration of nonprofessional permits to
17 7 carry weapons and permits to acquire firearms, provided that
17 8 the release of such information does not reveal the identity of
17 9 any individual permit holder.
17 10 c. This subsection shall not prohibit the release of
17 11 information to any law enforcement agency or any employee or
17 12 agent thereof when necessary for the purpose of investigating a
17 13 possible violation of law or when probable cause exists, or for
17 14 conducting a lawfully authorized background investigation.
17 15 d. This subsection shall not prohibit the release of
17 16 information relating to the validity of a professional permit
17 17 to carry weapons to an employer who requires an employee or an
17 18 agent of the employer to possess a professional permit to carry
17 19 weapons as part of the duties of the employee or agent.
17 20 e. Except as provided in paragraphs "b", "c", and "d", the
17 21 release of any confidential information under this section
17 22 shall require a court order or the consent of the person whose
17 23 personally identifiable information is the subject of the
17 24 information request.
17 25 Sec. 25. Section 724.27, subsection 1, unnumbered paragraph
17 26 1, Code 2015, is amended to read as follows:
17 27 The provisions of section 724.8, section 724.15, subsection
17 28 1 2, and section 724.26 shall not apply to a person who is
17 29 eligible to have the person's civil rights regarding firearms
17 30 restored under section 914.7 if any of the following occur:
17 31 Sec. 26. NEW SECTION. 724.29A Fraudulent purchase of
17 32 firearms or ammunition.
17 33 1. For purposes of this section:
17 34 a. "Ammunition" means any cartridge, shell, or projectile
17 35 designed for use in a firearm.
18 1 b. "Licensed firearms dealer" means a person who is licensed
18 2 pursuant to 18 U.S.C. {923 to engage in the business of dealing
18 3 in firearms.
18 4 c. "Materially false information" means information that
18 5 portrays an illegal transaction as legal or a legal transaction
18 6 as illegal.
18 7 d. "Private seller" means a person who sells or offers for
18 8 sale any firearm or ammunition.
18 9 2. A person who knowingly solicits, persuades, encourages,
18 10 or entices a licensed firearms dealer or private seller of
18 11 firearms or ammunition to transfer a firearm or ammunition
18 12 under circumstances that the person knows would violate the
18 13 laws of this state or of the United States commits a class "D"
18 14 felony.
18 15 3. A person who knowingly provides materially false
18 16 information to a licensed firearms dealer or private seller of
18 17 firearms or ammunition with the intent to deceive the firearms
18 18 dealer or seller about the legality of a transfer of a firearm
18 19 or ammunition commits a class "D" felony.
18 20 4. Any person who willfully procures another to engage in
18 21 conduct prohibited by this section shall be held accountable
18 22 as a principal.
18 23 5. This section does not apply to a law enforcement officer
18 24 acting in the officer's official capacity or to a person acting
18 25 at the direction of such law enforcement officer.
18 26 Sec. 27. NEW SECTION. 724.32 Rules.
18 27 The department of public safety shall adopt rules pursuant
18 28 to chapter 17A to administer this chapter.
18 29 Sec. 28. Section 805.8C, Code 2015, is amended by adding the
18 30 following new subsections:
18 31 NEW SUBSECTION. 11. Duty to possess permit to carry
18 32 weapons. For violations of section 724.4, subsection 4,
18 33 paragraph "i", subparagraph (2), the scheduled fine is ten
18 34 dollars.
18 35 NEW SUBSECTION. 12. Failure to produce permit to carry. For
19 1 violations of section 724.5, the scheduled fine is ten dollars.
19 2 Sec. 29. EFFECTIVE UPON ENACTMENT. The following
19 3 provision or provisions of this Act, being deemed of immediate
19 4 importance, take effect upon enactment:
19 5 1. The section of this Act amending section 724.1,
19 6 subsection 1, paragraph "h".
19 7 2. The section of this Act enacting new section 724.1A.
19 8 3. The section of this Act amending section 724.22.
19 9 4. The section of this Act amending section 724.23,
19 10 subsection 2.
19 11 5. The section of this Act amending section 724.29A.
19 12 6. The applicability section of this Act.
19 13 Sec. 30. APPLICABILITY. The section of this Act amending
19 14 section 724.23 applies to holders of nonprofessional permits to
19 15 carry weapons and permits to acquire firearms and to applicants
19 16 for nonprofessional permits to carry weapons and permits to
19 17 acquire firearms on or after the effective date of that section
19 18 of this Act.
19 19 EXPLANATION
19 20 The inclusion of this explanation does not constitute agreement with
19 21 the explanation's substance by the members of the general assembly.
19 22 This bill relates to the manufacture, acquisition, sale, and
19 23 use of firearms and suppressors.
19 24 FIREARM SUPPRESSORS. Current Iowa law provides that a
19 25 mechanical device specifically constructed and designed so that
19 26 when attached to a firearm it silences, muffles, or suppresses
19 27 the sound when fired is an offensive weapon. Under Code
19 28 section 724.3, any person who knowingly possesses an offensive
19 29 weapon commits a class "D" felony, punishable by confinement
19 30 for no more than five years and a fine of at least $750 but not
19 31 more than $7,500.
19 32 The bill strikes a provision in Code section 724.1(1)(h)
19 33 that classifies a firearm suppressor as an offensive weapon.
19 34 By striking this provision, a firearm suppressor is legal
19 35 to possess in the state. This provision takes effect upon
20 1 enactment.
20 2 The bill also creates in new Code section 724.1A, a process
20 3 whereby a person may apply to the chief law enforcement officer
20 4 of the jurisdiction where the person resides or maintains an
20 5 address of record for a certification to make or transfer a
20 6 firearm suppressor. The bill defines "firearm suppressor" to
20 7 mean a mechanical device specifically constructed and designed
20 8 so that when attached to a firearm silences, muffles, or
20 9 suppresses the sound when fired that is considered a "firearm
20 10 silencer" or "firearm muffler" as defined in 18 U.S.C. {921.
20 11 The bill specifies that a chief law enforcement officer
20 12 shall not refuse to provide certification, based on a
20 13 generalized objection, to an applicant making or transferring
20 14 a firearm suppressor. If a person applies for certification
20 15 to make or transfer a firearm suppressor with the chief
20 16 law enforcement officer, the bill requires the chief law
20 17 enforcement officer to issue the certification within 30
20 18 days of receiving such an application unless the applicant
20 19 is prohibited by law from making or transferring a firearm
20 20 suppressor or the applicant is the subject of a proceeding that
20 21 could result in the applicant being prohibited by law from
20 22 making or transferring a firearm suppressor. If the chief
20 23 law enforcement officer does not issue a certification under
20 24 the bill, the chief law enforcement officer shall provide the
20 25 applicant a written notification of the denial and the reason
20 26 for the denial. If the certification has been approved by the
20 27 chief law enforcement officer under the bill, the applicant
20 28 has the authority to make or transfer a firearm suppressor as
20 29 provided by state and federal law.
20 30 If the applicant's request for certification is denied,
20 31 the bill specifies that the applicant may appeal the decision
20 32 to the district court for the county in which the applicant
20 33 resides or maintains an address of record. The bill specifies
20 34 that the court shall review the decision of the chief law
20 35 enforcement officer to deny the certification de novo. If the
21 1 court finds that the applicant is not prohibited by law from
21 2 making or transferring a firearm suppressor, the bill requires
21 3 the court to order the chief law enforcement officer to issue
21 4 the certification and award court costs and reasonable attorney
21 5 fees to the applicant. If the court determines the applicant
21 6 is not eligible to be issued a certification, the bill requires
21 7 the court to award court costs and reasonable attorney fees to
21 8 the political subdivision of the state representing the chief
21 9 law enforcement officer.
21 10 In making a determination about whether to issue a
21 11 certification under the bill, a chief law enforcement officer
21 12 may conduct a criminal background check, but shall only require
21 13 the applicant to provide as much information as is necessary
21 14 to identify the applicant for this purpose or to determine
21 15 the disposition of an arrest or proceeding relevant to the
21 16 eligibility of the applicant to lawfully make or transfer a
21 17 firearm suppressor. The bill prohibits a chief law enforcement
21 18 officer from requiring access to any private premises as a
21 19 condition of providing a certification under this Code section.
21 20 A chief law enforcement officer and employees of the chief
21 21 law enforcement officer who act in good faith are immune
21 22 from liability arising from any act or omission in making a
21 23 certification under the bill.
21 24 The bill provides that a person shall not possess a firearm
21 25 suppressor unless authorized by federal law. A person who
21 26 violates this provision commits a class "D" felony.
21 27 The provisions relating to making or transferring a firearm
21 28 suppressor take effect upon enactment.
21 29 CARRYING WEAPONS. The bill provides that a person does not
21 30 commit the criminal offense of carrying weapons in violation of
21 31 Code section 724.4 if the person has in the person's immediate
21 32 possession and who displays to a peace officer on demand a
21 33 valid permit to carry weapons which has been issued to the
21 34 person, and whose conduct is within the limits of that permit.
21 35 The bill specifies that a peace officer shall verify through
22 1 electronic means, if possible, the validity of the person's
22 2 permit to carry weapons. Current law does not require the
22 3 permit to be in the person's immediate possession only that
22 4 the permit be in the person's possession. If a person, who
22 5 possesses a valid permit to carry weapons under the bill, fails
22 6 to carry such a permit in the immediate possession of the
22 7 person or fails to display the permit to a peace officer on
22 8 demand, a person commits a simple misdemeanor punishable by a
22 9 $10 scheduled fine.
22 10 CARRYING WEAPONS ON SCHOOL GROUNDS. The bill provides
22 11 that a certified peace officer who possesses a professional
22 12 permit to carry weapons does not commit the criminal violation
22 13 of unlawfully carrying weapons on school grounds under Code
22 14 section 724.4B. Under current law, a peace officer while
22 15 acting within the official duties of the officer may possess a
22 16 weapon on school grounds. A person who commits the offense of
22 17 unlawfully carrying weapons on school grounds commits a class
22 18 "D" felony.
22 19 DUTY TO POSSESS PERMIT TO CARRY WEAPONS. The bill under
22 20 Code section 724.5 makes it a simple misdemeanor punishable by
22 21 a $10 scheduled fine if a person armed with a revolver, pistol,
22 22 or pocket billy concealed upon the person does not possess
22 23 the permit to carry weapons in the immediate possession of
22 24 the person, and fails to produce such permit for inspection
22 25 upon the request of a peace officer. The bill specifies that
22 26 a peace officer shall verify through electronic means, if
22 27 possible, the validity of the person's permit to carry weapons.
22 28 Current law provides that if a person commits such a violation
22 29 the person commits a simple misdemeanor.
22 30 INITIAL PERMIT TO CARRY WEAPONS OR RENEWAL. Prior to issuing
22 31 any initial permit to carry weapons or any renewal permit,
22 32 the sheriff or commissioner under Code section 724.11 shall
22 33 determine if the requirements of Code sections 724.6, 724.7,
22 34 724.8, 724.9, and 724.10 have been met. Under Code section
22 35 724.10, an applicant who is a United States citizen is only
23 1 required to provide certain basic identifying documentation.
23 2 Under the bill, an applicant who is not a United States
23 3 citizen must provide additional information and is subject to
23 4 an immigration alien query through a database maintained by
23 5 the United States immigration and customs enforcement. All
23 6 applicants are subject to a criminal history background check.
23 7 The bill does not change the training or qualification
23 8 requirements for an initial application to carry weapons
23 9 under Code section 724.9(1), except that the training or
23 10 qualification must occur within 24 months prior to the date of
23 11 the application rather than within the 12=month period prior to
23 12 the application required under current law.
23 13 Any of the following firearm safety training courses are
23 14 acceptable under current law and the bill: the national rifle
23 15 association handgun safety training course; any handgun safety
23 16 training course available to the general public offered by a
23 17 law enforcement agency, community college, college, private or
23 18 public institution or organization, or firearms training school
23 19 utilizing certified instructors; a handgun safety training
23 20 course offered for security guards, investigators, special
23 21 deputies, or any division or subdivision of a law enforcement
23 22 or security enforcement agency approved by the department of
23 23 public safety; or small arms training while serving with the
23 24 armed forces of the United States.
23 25 The bill provides in Code section 724.9 that the handgun
23 26 safety training course required to obtain a permit to carry
23 27 under Code section 724.11 may be conducted over the internet in
23 28 a live or web=based format, as long as completion of the course
23 29 is verified by the instructor or provider of the course.
23 30 The bill provides that beginning with the first renewal
23 31 of a permit to carry weapons issued after the calendar year
23 32 2010, and alternating renewals thereafter, training under Code
23 33 section 724.9(1) is not required unless the renewal applicant
23 34 does not apply within 30 days prior to the expiration of the
23 35 permit or within 30 days after the expiration of the permit.
24 1 If the renewal applicant does not apply within 30 days prior
24 2 to the expiration of the permit or within 30 days after the
24 3 expiration of the permit the renewal applicant shall be subject
24 4 to the same training requirements as a person who initially
24 5 applies for a permit to carry weapons under Code section
24 6 724.9(1).
24 7 The bill provides that beginning with the second renewal
24 8 of a permit to carry weapons issued after the calendar year
24 9 2010, and alternating renewals thereafter, a renewal applicant
24 10 is required to complete training and shall qualify under
24 11 either of the following: the training requirements specified
24 12 in Code section 724.9(1), or on a firing range under the
24 13 supervision of an instructor certified by the national rifle
24 14 association or the department of public safety or another
24 15 state's department of public safety, state police department,
24 16 or similar certifying body.
24 17 The bill provides that an initial or renewal applicant
24 18 to carry weapons may evidence the training by providing the
24 19 following: a photocopy of a certificate of completion or any
24 20 similar document indicating completion of any course or class
24 21 identified in Code section 724.9(1) that was completed within
24 22 24 months prior to the date of the application; a photocopy of
24 23 a certificate of completion or any similar document indicating
24 24 completion of any course or class identified in Code section
24 25 724.9(1) that was completed within 24 months prior to the date
24 26 of the application; possession of an honorable discharge or
24 27 general discharge under honorable conditions issued any time
24 28 prior to the date of the application for personnel released
24 29 or retired from active duty in the armed forces of the United
24 30 States; possession of a certificate of completion of basic
24 31 training with a service record of successful completion of
24 32 small arms training and qualification issued prior to the
24 33 date of the application, or other official documentation
24 34 satisfactory to the issuing officer, for personnel on active
24 35 duty or serving in one of the national guard or reserve
25 1 components of the armed forces of the United States; or a
25 2 qualification certificate, qualification card, or affidavit
25 3 from an instructor certified by the national rifle association
25 4 or the department of public safety or another state's
25 5 department of public safety, state police department, or
25 6 similar certifying body attesting that the applicant for
25 7 renewal has qualified on a firing range within 24 months prior
25 8 to the date of the application.
25 9 The bill strikes a provision that allows an initial or
25 10 renewal applicant for a permit to carry weapons to evidence
25 11 the training by providing a copy of any document indicating
25 12 participation in a firearms shooting competition.
25 13 The bill specifies that the initial or renewal permit shall
25 14 have a uniform appearance, size, and content prescribed and
25 15 published by the commissioner of public safety. The bill
25 16 further specifies that the permit shall contain the name of
25 17 the permittee and the effective date of the permit, but shall
25 18 not contain the permittee's social security number. The bill
25 19 prohibits such a permit to be issued for a particular weapon or
25 20 to contain information about a particular weapon including the
25 21 make, model, or serial number of the weapon, or any ammunition
25 22 used in that weapon.
25 23 The bill does not increase or decrease the fee for a renewal
25 24 of a permit to carry weapons but does allow a renewal applicant
25 25 to pay the $25 renewal application fee if the renewal applicant
25 26 applies within 30 days prior to the expiration of the permit
25 27 or within 30 days after such expiration. Current law requires
25 28 that in order to be assessed the $25 renewal application fee,
25 29 the renewal applicant must apply at least 30 days prior to the
25 30 expiration of the permit to carry weapons.
25 31 PROHIBITED TRANSFERS OF FIREARMS. The bill strikes
25 32 the language of current Code section 724.16, relating to
25 33 transferring a pistol or revolver to a person without a
25 34 permit or acquiring a pistol or revolver without a permit and
25 35 substitutes language prohibiting the transfer of a firearm to
26 1 another person who does not possess a permit if the person
26 2 knows or reasonably should know the person is prohibited from
26 3 receiving or possessing a firearm under Code section 724.26
26 4 or federal law. The bill also provides that a person shall
26 5 not loan or rent a firearm to another person for temporary use
26 6 during lawful activities if the person knows or reasonably
26 7 should know the person is prohibited from receiving or
26 8 possessing a firearm under Code section 724.26 or federal
26 9 law. A person who violates this provision commits a class "D"
26 10 felony.
26 11 OPTIONAL PERMITS TO ACQUIRE AND PERMITS TO ACQUIRE FIREARMS.
26 12 Current law provides that any person who intends to purchase a
26 13 pistol or revolver is required to first obtain an annual permit
26 14 to acquire pistols or revolvers unless the person is otherwise
26 15 exempt from obtaining such a permit. The bill in Code section
26 16 724.15 eliminates this type of mandatory permit and provides
26 17 instead for an optional permit to acquire firearms in order to
26 18 satisfy the requirements of federal law allowing the holder of
26 19 such a permit to acquire firearms from a federally licensed
26 20 firearms dealer. A person is not required to obtain a permit
26 21 to acquire firearms to purchase firearms from a federally
26 22 licensed firearms dealer if the person possesses a valid permit
26 23 to carry weapons issued in accordance with Iowa law or if the
26 24 person has otherwise completed a satisfactory national instant
26 25 criminal background check required by federal law to purchase
26 26 firearms from a federally licensed firearms dealer.
26 27 Under the bill, a person who applies for an optional permit
26 28 to acquire firearms is not eligible for the permit if the
26 29 person is less than 21 years of age or is prohibited by Code
26 30 section 724.26 (felon in possession of a firearm), federal
26 31 law, or court order from possessing, shipping, transporting,
26 32 or receiving a firearm.
26 33 The bill in Code section 724.17 provides that an application
26 34 for a permit to acquire firearms is made to the sheriff of the
26 35 county of the applicant's residence. A person may request the
27 1 sheriff to mail a permit to acquire firearms under Code section
27 2 724.18, and the bill requires the sheriff to immediately
27 3 forward the application to the person. An applicant who is
27 4 a United States citizen is only required to provide certain
27 5 basic identifying documentation. An applicant who is not a
27 6 United States citizen must provide additional information and
27 7 is subject to an immigration alien query through a database
27 8 maintained by the United States immigration and customs
27 9 enforcement. All applicants are subject to a criminal history
27 10 background check. Corresponding amendments are made to Code
27 11 sections 724.11A and 724.21.
27 12 The bill under Code section 724.18 provides that the permit
27 13 to acquire shall be issued to the applicant within 30 days of
27 14 receiving the completed application unless the applicant is
27 15 disqualified after a criminal history check and immigration
27 16 alien query, if applicable. The bill provides under Code
27 17 section 724.19 that the permit shall have a uniform appearance,
27 18 size, and content, but shall not contain the permittee's
27 19 social security number. Such permits shall not be issued for
27 20 a particular weapon and shall not contain information about a
27 21 particular weapon including the make, model, or serial number
27 22 of the weapon, or any ammunition used in that weapon.
27 23 The bill in Code section 724.15 provides that the permit to
27 24 acquire firearms may be suspended or revoked by the issuing
27 25 officer and the aggrieved permit holder may file an appeal with
27 26 an administrative law judge.
27 27 Current law in Code section 724.17 provides that a person who
27 28 makes what the person knows to be a false statement of material
27 29 fact on an application for a permit to acquire firearms
27 30 or who submits what the person knows to be any materially
27 31 falsified or forged documentation in connection with such an
27 32 application commits a class "D" felony. Under the bill in Code
27 33 section 724.16 a person who transfers ownership of a firearm
27 34 to a person that the transferor knows is prohibited under
27 35 Code section 724.26 (felon in possession of a firearm) from
28 1 possessing, shipping, transporting, or receiving a firearm
28 2 commits a class "D" felony.
28 3 The bill makes a conforming change to Code section 724.27
28 4 relating to the restoration of firearms rights.
28 5 ISSUANCE OF OPTIONAL PERMIT TO ACQUIRE AND PERMIT TO
28 6 ACQUIRE. The bill provides in Code section 724.20 that an
28 7 optional permit to acquire a firearm shall be valid five years
28 8 from the date of the issuance of the permit. Current law
28 9 provides that a permit to acquire is valid three days after
28 10 the date of the application and becomes invalid one year
28 11 after the date of the application for the permit to acquire.
28 12 The bill specifies that the permit to acquire firearms shall
28 13 have a uniform appearance, size, and content prescribed and
28 14 published by the commissioner of public safety. The bill
28 15 further specifies that the permit shall contain the name of
28 16 the permittee and the effective date of permit, but shall not
28 17 contain the permittee's social security number.
28 18 DENIAL, SUSPENSION, OR REVOCATION ==== PERMIT TO CARRY
28 19 WEAPONS AND PERMIT TO ACQUIRE FIREARMS. If an applicant under
28 20 Code section 724.21A appeals the decision by the sheriff or
28 21 commissioner to deny an application, or suspend or revoke a
28 22 permit to carry weapons or a permit to acquire firearms, and
28 23 it is later determined the applicant is eligible to be issued
28 24 or possess such a permit, the bill provides that the applicant
28 25 shall be awarded any costs related to the administrative
28 26 hearing and reasonable attorney fees if applicable. However,
28 27 if the decision of the sheriff or commissioner to deny the
28 28 application, or suspend or revoke the permit is upheld on
28 29 appeal, the political subdivision of the state representing the
28 30 sheriff or the commissioner shall be awarded court costs and
28 31 reasonable attorney fees if applicable.
28 32 POSSESSION OF PISTOL, REVOLVER, OR AMMUNITION BY PERSONS
28 33 UNDER 14 YEARS OF AGE. Under the bill in Code section
28 34 724.22(5), a parent or guardian or spouse who is 21 years of
28 35 age or older, or an instructor 21 years of age or older with
29 1 the consent of the parent or guardian or spouse, may allow
29 2 a minor of any age to possess a pistol or revolver or the
29 3 ammunition therefor, which then may be lawfully used. Current
29 4 law prohibits a parent or guardian or spouse who is 21 years
29 5 of age or older from allowing a minor under 14 years of age
29 6 from possessing a pistol, revolver, or the ammunition. This
29 7 provision takes effect upon enactment.
29 8 Except for the circumstances under Code section 724.22(4)
29 9 (security personnel) or Code section 724.22(5), under current
29 10 law, a person who sells, loans, gives, or makes available a
29 11 pistol or revolver or ammunition for a pistol or revolver to a
29 12 person below the age of 21 commits a serious misdemeanor for a
29 13 first offense and a class "D" felony for second and subsequent
29 14 offenses.
29 15 PERMIT TO CARRY AND PERMIT TO ACQUIRE RECORDS ====
29 16 CONFIDENTIALITY. Current law requires the commissioner of
29 17 public safety to maintain a permanent record of all valid
29 18 permits to carry weapons and of current permit revocations.
29 19 The bill provides in Code section 724.23 that,
29 20 notwithstanding any other law or rule to the contrary, the
29 21 commissioner of public safety and any issuing officer (county
29 22 sheriff) shall keep confidential personally identifiable
29 23 information of holders of permits to carry weapons and
29 24 permits to acquire firearms. The release of any confidential
29 25 information, except as otherwise provided in the bill, requires
29 26 a court order or the consent of the person whose personally
29 27 identifiable information is the subject of the information
29 28 request. The bill does not prohibit release of statistical
29 29 information relating to the issuance, denial, revocation, or
29 30 administration of nonprofessional permits to carry weapons and
29 31 permits to acquire firearms if such information does not reveal
29 32 the identity of any individual permit holder, the release
29 33 of information to a law enforcement agency investigating a
29 34 violation of law or where probable cause exists, the release
29 35 for purposes of conducting a background check, or the release
30 1 of information relating to the validity of a professional
30 2 permit to carry weapons to an employer who requires an employee
30 3 or an agent of the employer to possess a professional permit to
30 4 carry weapons as part of the duties of the employee or agent.
30 5 This provision applies to holders of nonprofessional permits to
30 6 carry weapons and permits to acquire firearms and to applicants
30 7 for nonprofessional permits to carry weapons and permits to
30 8 acquire firearms on or after the effective date of the bill.
30 9 This provision takes effect upon enactment.
30 10 FRAUDULENT PURCHASE OF FIREARMS OR AMMUNITION. The bill
30 11 provides that a person who knowingly solicits, persuades,
30 12 encourages, or entices a licensed firearms dealer or private
30 13 seller of firearms or ammunition to transfer a firearm or
30 14 ammunition under circumstances that the person knows would
30 15 violate the laws of this state or of the United States commits
30 16 a class "D" felony. A person who knowingly provides materially
30 17 false information to a licensed firearms dealer or private
30 18 seller of firearms or ammunition with the intent to deceive the
30 19 firearms dealer or seller about the legality of a transfer of a
30 20 firearm or ammunition commits a class "D" felony. Any person
30 21 who willfully procures another to engage in conduct prohibited
30 22 by this Code section shall be held accountable as a principal.
30 23 The Code section does not apply to a law enforcement officer
30 24 acting in the officer's official capacity or to a person acting
30 25 at the direction of such law enforcement officer.
30 26 This new Code section takes effect upon enactment.
30 27 RULES. The bill specifies that the department of public
30 28 safety shall adopt rules pursuant to Code chapter 17A to
30 29 administer Code chapter 724.
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