House File 2145 - Introduced HOUSE FILE BY STAED, MASCHER, and BROWN=POWERS A BILL FOR 1 An Act relating to the issuance, denial, suspension, or 2 revocation of a permit to carry weapons. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5023YH (5) 87 jm/rh PAG LIN 1 1 Section 1. Section 724.7, subsection 1, Code 2018, is 1 2 amended to read as follows: 1 3 1. Any person who is not disqualified under section 724.8, 1 4 who satisfies the training requirements of section 724.9, 1 5 and who files an application in accordance with section 1 6 724.10shallmay be issued a nonprofessional permit to carry 1 7 weapons. Such permits shall be on a form prescribed and 1 8 published by the commissioner of public safety, which shall 1 9 be readily distinguishable from the professional permit, and 1 10 shall identify the holder of the permit. Such permits shall 1 11 not be issued for a particular weapon and shall not contain 1 12 information about a particular weapon including the make, 1 13 model, or serial number of the weapon or any ammunition used 1 14 in that weapon. All permits so issued shall be for a period of 1 15 five years and shall be valid throughout the state except where 1 16 the possession or carrying of a firearm is prohibited by state 1 17 or federal law. 1 18 Sec. 2. Section 724.11, subsection 1, Code 2018, is amended 1 19 to read as follows: 1 20 1. Applications for permits to carry weapons shall be made 1 21 to the sheriff of the county in which the applicant resides. 1 22 Applications for professional permits to carry weapons for 1 23 persons who are nonresidents of the state, or whose need to 1 24 go armed arises out of employment by the state, shall be made 1 25 to the commissioner of public safety. In either case, the 1 26 issuance of the permit shall be by and at the discretion of the 1 27 sheriff or commissioner, who shall, before issuing the permit, 1 28shalldetermine that the requirements of sections 724.6 to 1 29 724.10 have been satisfied. A renewal applicant shall apply 1 30 within thirty days prior to the expiration of the permit, 1 31 or within thirty days after the expiration of the permit; 1 32 otherwise the applicant shall be considered an applicant for an 1 33 initial permit for purposes of renewal fees under subsection 3. 1 34 Sec. 3. Section 724.13, subsection 1, Code 2018, is amended 1 35 to read as follows: 2 1 1. An issuing officer who finds that a person issued a 2 2 permit to carry weapons under this chapter has been arrested 2 3 for a disqualifying offense,oris the subject of proceedings 2 4 that could lead to the person's ineligibility for such permit, 2 5 or determines the conditions for the issuance of such permit 2 6 no longer exist, may immediately suspend such permit. An 2 7 issuing officer proceeding under this section shall immediately 2 8 notify the permit holder of the suspension by personal service 2 9 or certified mail on a form prescribed and published by the 2 10 commissioner of public safety and the suspension shall become 2 11 effective upon the permit holder's receipt of such notice.If 2 12 the suspension is based on an arrest or a proceeding that does 2 13 not result in a disqualifying conviction or finding against 2 14 the permit holder, the issuing officer shall immediately 2 15 reinstate the permit upon receipt of proof of the matter's 2 16 final disposition.If the arrest leads to a disqualifying 2 17 conviction or the proceedings to a disqualifying finding, the 2 18 issuing officer shall revoke the permit. The issuing officer 2 19 may also revoke the permit of a person whom the issuing officer 2 20 later finds was not qualified for such a permit at the time 2 21 of issuance,orwho the officer finds provided materially 2 22 false information on the permit application, or if the officer 2 23 determines that the conditions for the issuance of such 2 24 permit no longer exist. A person aggrieved by a suspension or 2 25 revocation under this section may seek review of the decision 2 26 pursuant to section 724.21A. 2 27 Sec. 4. Section 724.21A, subsection 8, Code 2018, is amended 2 28 to read as follows: 2 29 8. If an applicant or permit holder appeals the decision 2 30 by the sheriff or commissioner to deny an application for or 2 31 suspend or revokea permit to carry weapons ora permit to 2 32 acquire pistols or revolvers, and it is later determined on 2 33 appeal the applicant or permit holder is eligible to be issued 2 34 or possessa permit to carry weapons ora permit to acquire 2 35 pistols or revolvers, the applicant or permit holder shall 3 1 be awarded court costs and reasonable attorney fees. If the 3 2 decision of the sheriff or commissioner to deny an application 3 3 for or suspend or revokea permit to carry weapons ora permit 3 4 to acquire pistols or revolvers is upheld on appeal, or the 3 5 applicant or permit holder withdraws or dismisses the appeal, 3 6 the political subdivision of the state representing the sheriff 3 7 or the state department representing the commissioner shall be 3 8 awarded court costs and reasonable attorney fees. 3 9 EXPLANATION 3 10 The inclusion of this explanation does not constitute agreement with 3 11 the explanation's substance by the members of the general assembly. 3 12 This bill relates to the issuance, denial, suspension, or 3 13 revocation of a permit to carry weapons. 3 14 Current law provides that the issuing officer (county 3 15 sheriff or commissioner of public safety) shall issue a permit 3 16 to carry weapons to an applicant unless the applicant does 3 17 not meet certain requirements of Code chapter 724 (weapons). 3 18 The bill allows the issuing officer to deny the issuance of 3 19 a permit to carry weapons at the discretion of the issuing 3 20 officer even if the applicant meets the other requirements of 3 21 Code chapter 724. 3 22 The bill allows the issuing officer to suspend or revoke a 3 23 permit to carry weapons if the issuing officer determines the 3 24 conditions for the issuance of the permit to carry weapons no 3 25 longer exist. 3 26 The bill strikes language that requires the issuing officer 3 27 to reinstate a permit to carry weapons if the suspension of 3 28 the permit is based upon an arrest or proceeding that does not 3 29 result in a disqualifying conviction or finding against the 3 30 permit holder. 3 31 Under current law, a person who appeals the decision by 3 32 the issuing officer to deny an application for a permit to 3 33 carry weapons or who suspends or revokes a permit to carry 3 34 weapons, and it is later determined on appeal that the person 3 35 is eligible to be issued or possess a permit to carry weapons, 4 1 the person shall be awarded court costs and reasonable attorney 4 2 fees, and if the person loses or withdraws such an appeal, the 4 3 government shall be awarded court costs and reasonable attorney 4 4 fees. The bill strikes the provision relating to awarding 4 5 court costs and reasonable attorney fees to the prevailing 4 6 party in an appeal for the denial, suspension, or revocation of 4 7 a permit to carry weapons, but does not strike the provision 4 8 allowing for such an appeal. LSB 5023YH (5) 87 jm/rh