House File 535 - Introduced HOUSE FILE 535 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 81) A BILL FOR An Act relating to firearms, including certain confidentiality 1 and purchasing provisions, providing penalties, and 2 including effective date and applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1501HV (3) 85 rh/rj

H.F. 535 Section 1. Section 724.23, Code 2013, is amended to read as 1 follows: 2 724.23 Records kept by commissioner and issuing officers . 3 1. The commissioner of public safety shall maintain a 4 permanent record of all valid permits to carry weapons and of 5 current permit revocations. 6 2. a. Notwithstanding any other law or rule to the 7 contrary, the commissioner of public safety and any issuing 8 officer shall keep confidential personally identifiable 9 information of holders of nonprofessional permits to carry 10 weapons and permits to acquire pistols or revolvers, including 11 but not limited to the name, social security number, date of 12 birth, residential or business address, and driver’s license or 13 other identification number of the applicant or permit holder. 14 b. This subsection shall not prohibit the release of 15 statistical information relating to the issuance, denial, 16 revocation, or administration of nonprofessional permits to 17 carry weapons and permits to acquire pistols or revolvers, 18 provided that the release of such information does not reveal 19 the identity of any individual permit holder. 20 c. This subsection shall not prohibit the release of 21 information to any law enforcement agency or any employee or 22 agent thereof when necessary for the purpose of investigating 23 a possible violation of law or for conducting a lawfully 24 authorized background investigation. 25 d. Except as provided in paragraphs “b” and “c” , the 26 release of any confidential information under this section 27 shall require a court order or the consent of the person whose 28 personally identifiable information is the subject of the 29 information request. 30 Sec. 2. NEW SECTION . 724.29A Fraudulent purchase of 31 firearms or ammunition. 32 1. For purposes of this section: 33 a. “Ammunition” means any cartridge, shell, or projectile 34 designed for use in a firearm. 35 -1- LSB 1501HV (3) 85 rh/rj 1/ 4

H.F. 535 b. “Licensed firearms dealer” means a person who is licensed 1 pursuant to 18 U.S.C. § 923 to engage in the business of 2 dealing in firearms. 3 c. “Materially false information” means information that 4 portrays an illegal transaction as legal or a legal transaction 5 as illegal. 6 d. “Private seller” means a person who sells or offers for 7 sale any firearm or ammunition. 8 2. A person who knowingly solicits, persuades, encourages, 9 or entices a licensed firearms dealer or private seller of 10 firearms or ammunition to transfer a firearm or ammunition 11 under circumstances that the person knows would violate the 12 laws of this state or of the United States commits a class “D” 13 felony. 14 3. A person who knowingly provides materially false 15 information to a licensed firearms dealer or private seller of 16 firearms or ammunition with the intent to deceive the firearms 17 dealer or seller about the legality of a transfer of a firearm 18 or ammunition commits a class “D” felony. 19 4. Any person who willfully procures another to engage in 20 conduct prohibited by this section shall be held accountable 21 as a principal. 22 5. This section shall not apply to a law enforcement officer 23 acting in the officer’s official capacity or to a person acting 24 at the direction of such law enforcement officer. 25 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 26 immediate importance, takes effect upon enactment. 27 Sec. 4. APPLICABILITY. The section of this Act amending 28 section 724.23 applies to holders of nonprofessional permits 29 to carry weapons and permits to acquire pistols or revolvers 30 and to applicants for nonprofessional permits to carry weapons 31 and permits to acquire pistols or revolvers on or after the 32 effective date of this Act. 33 EXPLANATION 34 This bill relates to firearms, including certain 35 -2- LSB 1501HV (3) 85 rh/rj 2/ 4

H.F. 535 confidentiality and purchasing provisions, provides penalties, 1 and includes effective date and applicability provisions. 2 PERMIT TO CARRY AND PERMIT TO ACQUIRE RECORDS —— 3 CONFIDENTIALITY. Current law requires the commissioner 4 of public safety to maintain a permanent record of all 5 valid permits to carry weapons and of current permit 6 revocations. This bill provides that, notwithstanding any 7 other law or rule to the contrary, the commissioner of public 8 safety and any issuing officer (county sheriff) shall keep 9 confidential personally identifiable information of holders 10 of nonprofessional permits to carry weapons and permits to 11 acquire pistols or revolvers. The release of any confidential 12 information, except as otherwise provided in the bill, requires 13 a court order or the consent of the person whose personally 14 identifiable information is the subject of the information 15 request. The bill does not prohibit release of statistical 16 information relating to the issuance, denial, revocation, or 17 administration of nonprofessional permits to carry weapons and 18 permits to acquire pistols or revolvers if such information 19 does not reveal the identity of any individual permit holder, 20 or the release of information to a law enforcement agency 21 investigating a violation of law or conducting a background 22 check. This provision applies to holders of nonprofessional 23 permits to carry weapons and permits to acquire pistols or 24 revolvers and to applicants for nonprofessional permits to 25 carry weapons and permits to acquire pistols or revolvers on or 26 after the effective date of the bill. 27 FRAUDULENT PURCHASE OF FIREARMS OR AMMUNITION. The bill 28 provides that a person who knowingly solicits, persuades, 29 encourages, or entices a licensed firearms dealer or private 30 seller of firearms or ammunition to transfer a firearm or 31 ammunition under circumstances that the person knows would 32 violate the laws of this state or of the United States commits 33 a class “D” felony. A person who knowingly provides materially 34 false information to a licensed firearms dealer or private 35 -3- LSB 1501HV (3) 85 rh/rj 3/ 4

H.F. 535 seller of firearms or ammunition with the intent to deceive the 1 firearms dealer or seller about the legality of a transfer of a 2 firearm or ammunition commits a class “D” felony. Any person 3 who willfully procures another to engage in conduct prohibited 4 by this Code section shall be held accountable as a principal. 5 The bill does not apply to a law enforcement officer acting 6 in the officer’s official capacity or to a person acting at the 7 direction of such law enforcement officer. 8 A class “D” felony is punishable by confinement for no more 9 than five years and a fine of at least $750 but not more than 10 $7,500. 11 The bill takes effect upon enactment. 12 -4- LSB 1501HV (3) 85 rh/rj 4/ 4