Senate File 145 - Introduced
SENATE FILE
BY CHAPMAN
A BILL FOR
1 An Act eliminating the requirement of an annual permit to
2 acquire a pistol or revolver.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 724.11A, Code 2017, is amended to read
1 2 as follows:
1 3 724.11A Recognition.
1 4 A valid permit or license issued by another state to any
1 5 nonresident of this state shall be considered to be a valid
1 6 permit or license to carry weapons issued pursuant to this
1 7 chapter, except that such permit or license shall not be
1 8 considered to be a substitute for an annual permit to acquire
1 9 pistols or revolvers issued pursuant to section 724.15.
1 10 Sec. 2. Section 724.21A, Code 2017, is amended to read as
1 11 follows:
1 12 724.21A Denial, suspension, or revocation of permit to carry
1 13 weapons or permit to acquire pistols or revolvers.
1 14 1. In any case where the sheriff or the commissioner of
1 15 public safety denies an application for or suspends or revokes
1 16 a permit to carry weapons, or an annual permit to acquire
1 17 pistols or revolvers, the sheriff or commissioner shall provide
1 18 a written statement of the reasons for the denial, suspension,
1 19 or revocation and the applicant or permit holder shall have the
1 20 right to appeal the denial, suspension, or revocation to an
1 21 administrative law judge in the department of inspections and
1 22 appeals within thirty days of receiving written notice of the
1 23 denial, suspension, or revocation.
1 24 2. The applicant or permit holder may file an appeal with
1 25 an administrative law judge by filing a copy of the denial,
1 26 suspension, or revocation notice with a written statement that
1 27 clearly states the applicant's reasons rebutting the denial,
1 28 suspension, or revocation along with a fee of ten dollars.
1 29 Additional supporting information relevant to the proceedings
1 30 may also be included.
1 31 3. The administrative law judge shall, within forty=five
1 32 days of receipt of the request for an appeal, set a hearing
1 33 date. The hearing may be held by telephone or video conference
1 34 at the discretion of the administrative law judge. The
1 35 administrative law judge shall receive witness testimony and
2 1 other evidence relevant to the proceedings at the hearing. The
2 2 hearing shall be conducted pursuant to chapter 17A.
2 3 4. Upon conclusion of the hearing, the administrative law
2 4 judge shall order that the denial, suspension, or revocation
2 5 of the permit be either rescinded or sustained. An applicant,
2 6 permit holder, or issuing officer aggrieved by the final
2 7 judgment of the administrative law judge shall have the right
2 8 to judicial review in accordance with the terms of the Iowa
2 9 administrative procedure Act, chapter 17A.
2 10 5. The standard of review under this section shall be
2 11 clear and convincing evidence that the issuing officer's
2 12 written statement of the reasons for the denial, suspension, or
2 13 revocation constituted probable cause to deny an application or
2 14 to suspend or revoke a permit.
2 15 6. The department of inspections and appeals shall adopt
2 16 rules pursuant to chapter 17A as necessary to carry out the
2 17 provisions of this section.
2 18 7. In any case where the issuing officer denies an
2 19 application for, or suspends or revokes a permit to carry
2 20 weapons, or an annual permit to acquire pistols or revolvers
2 21 solely because of an adverse determination by the national
2 22 instant criminal background check system, the applicant or
2 23 permit holder shall not seek relief under this section but
2 24 may pursue relief of the national instant criminal background
2 25 check system determination pursuant to Pub. L. No. 103=159,
2 26 sections 103(f) and (g) and 104 and 28 C.F.R. {25.10, or other
2 27 applicable law. The outcome of such proceedings shall be
2 28 binding on the issuing officer.
2 29 Sec. 3. Section 724.27, subsection 1, unnumbered paragraph
2 30 1, Code 2017, is amended to read as follows:
2 31 The provisions of section sections 724.8, section 724.15,
2 32 subsection 1, and section 724.26 shall not apply to a person
2 33 who is eligible to have the person's civil rights regarding
2 34 firearms restored under section 914.7 if any of the following
2 35 occur:
3 1 Sec. 4. REPEAL. Sections 724.15, 724.16, 724.17, 724.18,
3 2 724.19, 724.20, and 724.21, Code 2017, are repealed.
3 3 EXPLANATION
3 4 The inclusion of this explanation does not constitute agreement with
3 5 the explanation's substance by the members of the general assembly.
3 6 This bill eliminates the requirement, pursuant to Code
3 7 section 724.15, that a person who desires to acquire ownership
3 8 of a pistol or revolver must apply for and be issued an
3 9 annual permit to acquire a pistol or revolver unless certain
3 10 exceptions apply.
3 11 The bill repeals related Code sections relating to
3 12 permit=to=acquire applications (Code sections 724.17 and
3 13 724.18), issuance requirements and procedures (Code sections
3 14 724.19, 724.20, and 724.21), and a related transfer of
3 15 ownership and penalty provision (Code section 724.16). The
3 16 bill makes conforming changes to Code sections 724.11A
3 17 (recognition of out=of=state permits), 724.21A (provisions
3 18 relating to the denial, suspension, or revocation of permits to
3 19 acquire), and 724.27 (restoration of citizenship rights to a
3 20 person convicted of a felony).
3 21 Current law provides that a person who acquires ownership of
3 22 a pistol or revolver without a valid annual permit to acquire
3 23 pistols or revolvers or a person who transfers ownership of
3 24 a pistol or revolver to a person who does not have in the
3 25 person's possession a valid annual permit to acquire pistols
3 26 or revolvers is guilty of an aggravated misdemeanor, and a
3 27 person who transfers ownership of a pistol or revolver to a
3 28 person that the transferor knows is prohibited from acquiring
3 29 ownership of a pistol or revolver commits a class "D" felony.
3 30 In addition, current law provides that a person who gives a
3 31 false name or presents false identification, or otherwise
3 32 knowingly gives false material information to one from whom the
3 33 person seeks to acquire a pistol or revolver commits a class
3 34 "D" felony.
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