House File 73 - Introduced
HOUSE FILE
BY HUNTER, KEARNS,
LENSING, OLDSON,
STAED, BENNETT, and
MASCHER
A BILL FOR
1 An Act relating to the sale or transfer of firearms, providing
2 penalties, and including applicability provisions.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 1 Section 1. NEW SECTION. 724.32 Sale or transfer of firearms
1 2 ==== criminal history background check.
1 3 1. A person shall not sell or transfer a firearm to another
1 4 person without receiving verification from a federally licensed
1 5 firearms dealer that information regarding the prospective
1 6 purchaser or transferee has been submitted to the department of
1 7 public safety for a criminal history background check and that
1 8 a determination has been received by the department of public
1 9 safety that the prospective purchaser or transferee is not
1 10 prohibited under either state or federal law from possessing a
1 11 firearm. A criminal history background check conducted under
1 12 this section shall include an inquiry of the national instant
1 13 criminal background check system maintained by the federal
1 14 bureau of investigation.
1 15 2. A person who sells or transfers a firearm in violation of
1 16 this section is guilty of an aggravated misdemeanor.
1 17 3. A federally licensed firearms dealer may charge and
1 18 collect fees for obtaining criminal history record information
1 19 checks on behalf of sellers or transferors.
1 20 4. The department of public safety shall adopt rules
1 21 pursuant to chapter 17A to administer this section.
1 22 Sec. 2. APPLICABILITY. This Act applies to the sale or
1 23 transfer of firearms on or after the effective date of this
1 24 Act.
1 25 EXPLANATION
1 26 The inclusion of this explanation does not constitute agreement with
1 27 the explanation's substance by the members of the general assembly.
1 28 This bill relates to the sale or transfer of firearms,
1 29 provides penalties, and includes applicability provisions.
1 30 The bill prohibits a person from selling or transferring a
1 31 firearm to another person without receiving verification from a
1 32 federally licensed firearms dealer that information regarding
1 33 the prospective purchaser or transferee has been submitted
1 34 to the department of public safety for a criminal history
1 35 background check and that a determination has been received by
2 1 the department of public safety that the prospective purchaser
2 2 or transferee is not prohibited under either state or federal
2 3 law from possessing a firearm. A criminal history background
2 4 check under the bill includes an inquiry of the national
2 5 instant criminal background check system maintained by the
2 6 federal bureau of investigation.
2 7 The bill provides that a person who sells or transfers a
2 8 firearm in violation of this Code section is guilty of an
2 9 aggravated misdemeanor, punishable by confinement for no more
2 10 than two years and a fine of at least $625 but not more than
2 11 $6,250.
2 12 The bill provides that a federally licensed firearms dealer
2 13 may charge and collect fees for obtaining criminal history
2 14 record information checks on behalf of sellers and transferors
2 15 and the department of public safety shall adopt administrative
2 16 rules to administer the bill.
2 17 The bill applies to the sale or transfer of firearms on or
2 18 after the effective date of the bill.
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