House
File
32
-
Introduced
HOUSE
FILE
32
BY
HUNTER
A
BILL
FOR
An
Act
relating
to
the
issuance,
denial,
suspension,
or
1
revocation
of
a
permit
to
carry
weapons
and
a
permit
to
2
acquire
pistols
or
revolvers.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
724.7,
subsection
1,
Code
2019,
is
1
amended
to
read
as
follows:
2
1.
Any
person
who
is
not
disqualified
under
section
724.8
,
3
who
satisfies
the
training
requirements
of
section
724.9
,
4
and
who
files
an
application
in
accordance
with
section
5
724.10
shall
may
be
issued
a
nonprofessional
permit
to
carry
6
weapons.
Such
permits
shall
be
on
a
form
prescribed
and
7
published
by
the
commissioner
of
public
safety,
which
shall
8
be
readily
distinguishable
from
the
professional
permit,
and
9
shall
identify
the
holder
of
the
permit.
Such
permits
shall
10
not
be
issued
for
a
particular
weapon
and
shall
not
contain
11
information
about
a
particular
weapon
including
the
make,
12
model,
or
serial
number
of
the
weapon
or
any
ammunition
used
13
in
that
weapon.
All
permits
so
issued
shall
be
for
a
period
of
14
five
years
and
shall
be
valid
throughout
the
state
except
where
15
the
possession
or
carrying
of
a
firearm
is
prohibited
by
state
16
or
federal
law.
17
Sec.
2.
Section
724.11,
subsection
1,
Code
2019,
is
amended
18
to
read
as
follows:
19
1.
Applications
for
permits
to
carry
weapons
shall
be
made
20
to
the
sheriff
of
the
county
in
which
the
applicant
resides.
21
Applications
for
professional
permits
to
carry
weapons
for
22
persons
who
are
nonresidents
of
the
state,
or
whose
need
to
23
go
armed
arises
out
of
employment
by
the
state,
shall
be
made
24
to
the
commissioner
of
public
safety.
In
either
case,
the
25
issuance
of
the
permit
shall
be
by
and
at
the
discretion
of
the
26
sheriff
or
commissioner,
who
shall,
before
issuing
the
permit,
27
shall
determine
that
the
requirements
of
sections
724.6
to
28
724.10
have
been
satisfied.
A
renewal
applicant
shall
apply
29
within
thirty
days
prior
to
the
expiration
of
the
permit,
30
or
within
thirty
days
after
the
expiration
of
the
permit;
31
otherwise
the
applicant
shall
be
considered
an
applicant
for
an
32
initial
permit
for
purposes
of
renewal
fees
under
subsection
3
.
33
Sec.
3.
Section
724.13,
subsection
1,
Code
2019,
is
amended
34
to
read
as
follows:
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1.
An
issuing
officer
who
finds
that
a
person
issued
a
1
permit
to
carry
weapons
under
this
chapter
has
been
arrested
2
for
a
disqualifying
offense
,
or
is
the
subject
of
proceedings
3
that
could
lead
to
the
person’s
ineligibility
for
such
permit
,
4
or
determines
the
conditions
for
the
issuance
of
such
permit
5
no
longer
exist,
may
immediately
suspend
such
permit.
An
6
issuing
officer
proceeding
under
this
section
shall
immediately
7
notify
the
permit
holder
of
the
suspension
by
personal
service
8
or
certified
mail
on
a
form
prescribed
and
published
by
the
9
commissioner
of
public
safety
and
the
suspension
shall
become
10
effective
upon
the
permit
holder’s
receipt
of
such
notice.
If
11
the
suspension
is
based
on
an
arrest
or
a
proceeding
that
does
12
not
result
in
a
disqualifying
conviction
or
finding
against
13
the
permit
holder,
the
issuing
officer
shall
immediately
14
reinstate
the
permit
upon
receipt
of
proof
of
the
matter’s
15
final
disposition.
If
the
arrest
leads
to
a
disqualifying
16
conviction
or
the
proceedings
to
a
disqualifying
finding,
the
17
issuing
officer
shall
revoke
the
permit.
The
issuing
officer
18
may
also
revoke
the
permit
of
a
person
whom
the
issuing
officer
19
later
finds
was
not
qualified
for
such
a
permit
at
the
time
20
of
issuance
,
or
who
the
officer
finds
provided
materially
21
false
information
on
the
permit
application
,
or
if
the
officer
22
determines
that
the
conditions
for
the
issuance
of
such
23
permit
no
longer
exist
.
A
person
aggrieved
by
a
suspension
or
24
revocation
under
this
section
may
seek
review
of
the
decision
25
pursuant
to
section
724.21A
.
26
Sec.
4.
Section
724.15,
subsections
1
and
4,
Code
2019,
are
27
amended
to
read
as
follows:
28
1.
Any
person
who
desires
to
acquire
ownership
of
any
pistol
29
or
revolver
shall
first
obtain
a
permit.
A
permit
shall
may
be
30
issued
upon
request
to
any
resident
of
this
state
unless
the
31
person
is
subject
to
any
of
the
following:
32
a.
Is
less
than
twenty-one
years
of
age.
33
b.
Is
subject
to
the
provisions
of
section
724.26
.
34
c.
Is
prohibited
by
federal
law
from
shipping,
transporting,
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possessing,
or
receiving
a
firearm.
1
4.
An
issuing
officer
who
finds
that
a
person
issued
a
2
permit
to
acquire
pistols
or
revolvers
under
this
chapter
3
has
been
arrested
for
a
disqualifying
offense
or
who
is
4
the
subject
of
proceedings
that
could
lead
to
the
person’s
5
ineligibility
for
such
permit
may
immediately
suspend
such
6
permit.
An
issuing
officer
proceeding
under
this
subsection
7
shall
immediately
notify
the
permit
holder
of
the
suspension
8
by
personal
service
or
certified
mail
on
a
form
prescribed
9
and
published
by
the
commissioner
of
public
safety
and
the
10
suspension
shall
become
effective
upon
the
permit
holder’s
11
receipt
of
such
notice.
If
the
suspension
is
based
on
an
12
arrest
or
a
proceeding
that
does
not
result
in
a
disqualifying
13
conviction
or
finding
against
the
permit
holder,
the
issuing
14
officer
shall
immediately
reinstate
the
permit
upon
receipt
15
of
proof
of
the
matter’s
final
disposition.
If
the
arrest
16
leads
to
a
disqualifying
conviction
or
the
proceedings
to
a
17
disqualifying
finding,
the
issuing
officer
shall
revoke
the
18
permit.
The
issuing
officer
may
also
revoke
the
permit
of
a
19
person
whom
the
issuing
officer
later
finds
was
not
qualified
20
for
such
a
permit
at
the
time
of
issuance
or
who
the
officer
21
finds
provided
materially
false
information
on
the
permit
22
application.
A
person
aggrieved
by
a
suspension
or
revocation
23
under
this
subsection
may
seek
review
of
the
decision
pursuant
24
to
section
724.21A
.
25
Sec.
5.
Section
724.18,
Code
2019,
is
amended
to
read
as
26
follows:
27
724.18
Procedure
for
making
application
for
permit
to
28
acquire.
29
A
person
may
personally
request
the
sheriff
to
mail
an
30
application
for
a
permit
to
acquire
pistols
or
revolvers,
31
and
the
sheriff
shall
immediately
forward
to
such
person
an
32
application
for
a
permit
to
acquire
pistols
or
revolvers.
A
33
person
shall
upon
completion
of
the
application
personally
34
deliver
such
application
to
the
sheriff
who
shall
note
the
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period
of
validity
on
the
application
and
shall
immediately
1
may
issue
the
permit
to
acquire
pistols
or
revolvers
to
the
2
applicant
and,
if
such
permit
is
issued,
shall
note
the
period
3
of
validity
on
the
application
.
For
the
purposes
of
this
4
section
the
date
of
application
shall
be
the
date
on
which
the
5
sheriff
received
the
completed
application.
6
Sec.
6.
Section
724.19,
Code
2019,
is
amended
to
read
as
7
follows:
8
724.19
Issuance
of
permit
to
acquire.
9
The
permit
to
acquire
pistols
or
revolvers
shall
may
be
10
issued
to
the
applicant
immediately
upon
completion
of
the
11
application
unless
the
applicant
is
disqualified
under
the
12
provisions
of
section
724.15
.
The
permit
shall
have
a
uniform
13
appearance,
size,
and
content
prescribed
and
published
by
the
14
commissioner
of
public
safety.
The
permit
shall
contain
the
15
name
of
the
permittee
and
the
effective
date
of
the
permit,
16
but
shall
not
contain
the
permittee’s
social
security
number.
17
Such
a
permit
shall
not
be
issued
for
a
particular
pistol
or
18
revolver
and
shall
not
contain
information
about
a
particular
19
pistol
or
revolver
including
the
make,
model,
or
serial
number
20
of
the
pistol
or
revolver,
or
any
ammunition
used
in
that
21
pistol
or
revolver.
22
Sec.
7.
Section
724.21A,
subsection
8,
Code
2019,
is
amended
23
by
striking
the
subsection.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
the
issuance,
denial,
suspension,
or
28
revocation
of
a
permit
to
carry
weapons
and
a
permit
to
acquire
29
pistols
or
revolvers.
30
Current
law
provides
that
the
issuing
officer
(county
31
sheriff
or
commissioner
of
public
safety)
shall
issue
a
permit
32
to
carry
weapons
to
an
applicant
unless
the
applicant
does
33
not
meet
certain
requirements
of
Code
chapter
724
(weapons).
34
The
bill
allows
the
issuing
officer
to
deny
the
issuance
of
35
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a
permit
to
carry
weapons
at
the
discretion
of
the
issuing
1
officer
even
if
the
applicant
meets
the
other
requirements
2
of
Code
chapter
724.
The
bill
allows
the
issuing
officer
to
3
suspend
or
revoke
a
permit
to
carry
weapons
if
the
issuing
4
officer
determines
the
conditions
for
the
issuance
of
the
5
permit
to
carry
weapons
no
longer
exist.
6
Current
law
also
provides
that
an
issuing
officer
shall
7
issue
a
permit
to
acquire
pistols
or
revolvers
immediately
upon
8
completion
of
the
application
unless
the
applicant
does
not
9
meet
certain
requirements
of
Code
section
724.15.
The
bill
10
allows
the
issuing
officer
to
deny
the
issuance
of
a
permit
to
11
acquire
pistols
or
revolvers
at
the
discretion
of
the
issuing
12
officer.
13
The
bill
strikes
language
that
requires
the
issuing
officer
14
to
reinstate
a
permit
to
carry
weapons
or
a
permit
to
acquire
15
pistols
or
revolvers
if
the
suspension
of
the
permit
is
16
based
upon
an
arrest
or
proceeding
that
does
not
result
in
a
17
disqualifying
conviction
or
finding
against
the
permit
holder.
18
Under
current
law,
a
person
who
appeals
the
decision
by
19
the
issuing
officer
to
deny
an
application
for
a
permit
to
20
carry
weapons
or
a
permit
to
acquire
pistols
or
revolvers
or
21
who
suspends
or
revokes
a
permit
to
carry
weapons
or
a
permit
22
to
acquire
pistols
or
revolvers,
and
it
is
later
determined
23
on
appeal
that
the
person
is
eligible
to
be
issued
or
possess
24
a
permit
to
carry
weapons
or
a
permit
to
acquire
pistols
25
or
revolvers,
the
person
shall
be
awarded
court
costs
and
26
reasonable
attorney
fees,
and
if
the
person
loses
or
withdraws
27
such
an
appeal,
the
government
shall
be
awarded
court
costs
28
and
reasonable
attorney
fees.
The
bill
strikes
the
provision
29
relating
to
awarding
court
costs
and
reasonable
attorney
30
fees
to
the
prevailing
party
in
an
appeal
for
the
denial,
31
suspension,
or
revocation
of
a
permit
to
carry
weapons
or
a
32
permit
to
acquire
pistols
or
revolvers
but
does
not
modify
the
33
provision
allowing
for
such
an
appeal.
34
The
bill
makes
conforming
Code
changes
to
Code
sections
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724.18
(application
procedure
for
permit
to
acquire
pistols
or
1
revolvers)
and
724.19
(issuance
of
permit
to
acquire
pistols
2
or
revolvers).
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