Bill Text: IA HF2130 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to criminal history background checks for the sale or transfer of firearms, providing penalties, and including applicability provisions.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Introduced - Dead) 2024-01-24 - Introduced, referred to Public Safety. H.J. 128. [HF2130 Detail]
Download: Iowa-2023-HF2130-Introduced.html
House
File
2130
-
Introduced
HOUSE
FILE
2130
BY
JAMES
,
BROWN-POWERS
,
KONFRST
,
LEVIN
,
SCHEETZ
,
CAHILL
,
WESSEL-KROESCHELL
,
WILBURN
,
AMOS
JR.
,
SRINIVAS
,
KURTH
,
STECKMAN
,
NIELSEN
,
GAINES
,
ABDUL-SAMAD
,
KRESSIG
,
STAED
,
MADISON
,
WILSON
,
CROKEN
,
EHLERT
,
and
BAGNIEWSKI
A
BILL
FOR
An
Act
relating
to
criminal
history
background
checks
for
the
1
sale
or
transfer
of
firearms,
providing
penalties,
and
2
including
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2130
Section
1.
NEW
SECTION
.
724.33
Sale
or
transfer
of
firearms
1
——
criminal
history
background
check.
2
1.
Unless
otherwise
authorized
by
this
chapter
or
federal
3
law,
a
person
shall
not
sell
or
transfer
a
firearm
to
another
4
person
without
receiving
verification
from
a
licensed
firearms
5
dealer
that
information
on
the
prospective
purchaser
or
6
transferee
has
been
submitted
to
the
department
of
public
7
safety
for
a
criminal
history
background
check
and
that
a
8
determination
has
been
received
by
the
department
of
public
9
safety
that
the
prospective
purchaser
or
transferee
is
not
10
prohibited
under
either
state
or
federal
law
from
possessing
a
11
firearm.
A
criminal
history
background
check
conducted
under
12
this
section
shall
include
an
inquiry
of
the
national
instant
13
criminal
background
check
system
maintained
by
the
federal
14
bureau
of
investigation.
15
2.
a.
Except
as
provided
in
paragraph
“b”
,
a
person
who
16
sells
or
transfers
a
firearm
in
violation
of
this
section
is
17
guilty
of
an
aggravated
misdemeanor.
18
b.
A
person
does
not
violate
this
section
under
any
of
the
19
following
circumstances:
20
(1)
A
sale
or
transfer
of
a
firearm
to
a
firearm
buyback
21
program
sponsored
by
a
law
enforcement
agency.
22
(2)
A
transfer
of
a
firearm
to
another
person
during
an
23
act
of
justified
self-defense
or
justified
defense
of
another
24
person,
provided
that
the
possession
after
the
transfer
25
lasts
no
longer
than
is
immediately
necessary
to
resolve
the
26
emergency.
27
(3)
A
transfer
of
a
firearm
between
family
members.
28
(4)
The
receipt
of
a
firearm
bequeathed
to
the
recipient.
29
3.
A
licensed
firearms
dealer
may
charge
and
collect
fees
30
for
obtaining
criminal
history
record
information
checks
on
31
behalf
of
sellers
or
transferors.
32
4.
The
department
of
public
safety
shall
adopt
rules
33
pursuant
to
chapter
17A
as
necessary
to
carry
out
the
34
provisions
of
this
section.
35
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2130
5.
For
purposes
of
this
section,
“licensed
firearms
dealer”
1
means
the
same
as
defined
in
section
724.29A.
2
Sec.
2.
APPLICABILITY.
This
Act
applies
to
the
sale
or
3
transfer
of
firearms
on
or
after
July
1,
2024.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
relates
to
criminal
history
background
checks
for
8
the
sale
or
transfer
of
firearms.
9
The
bill
provides
that
unless
otherwise
authorized
by
Code
10
chapter
724
(weapons)
or
federal
law,
a
person
shall
not
sell
11
or
transfer
a
firearm
to
another
person
without
receiving
12
verification
from
a
licensed
firearms
dealer
that
information
13
on
the
prospective
purchaser
or
transferee
has
been
submitted
14
to
the
department
of
public
safety
for
a
criminal
history
15
background
check
and
that
a
determination
has
been
received
by
16
the
department
of
public
safety
that
the
prospective
purchaser
17
or
transferee
is
not
prohibited
under
either
state
or
federal
18
law
from
possessing
a
firearm.
A
criminal
history
background
19
check
must
include
an
inquiry
of
the
national
instant
criminal
20
background
check
system
maintained
by
the
federal
bureau
of
21
investigation.
22
The
bill
provides
that,
except
as
provided,
a
person
who
23
sells
or
transfers
a
firearm
in
violation
of
the
bill
is
guilty
24
of
an
aggravated
misdemeanor.
25
The
bill
provides
that
the
following
are
not
violations:
26
a
sale
or
transfer
of
a
firearm
to
a
firearm
buyback
program
27
sponsored
by
a
law
enforcement
agency;
a
transfer
of
a
firearm
28
to
another
person
during
an
act
of
justified
self-defense
29
or
justified
defense
of
another
person,
provided
that
30
the
possession
after
the
transfer
lasts
no
longer
than
is
31
immediately
necessary
to
resolve
the
emergency;
a
transfer
of
32
a
firearm
between
family
members;
or
the
receipt
of
a
firearm
33
bequeathed
to
the
recipient.
34
The
bill
allows
a
licensed
firearms
dealer
to
charge
and
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H.F.
2130
collect
fees
for
obtaining
criminal
history
record
information
1
checks
on
behalf
of
sellers
or
transferors.
2
The
bill
directs
the
department
of
public
safety
to
adopt
3
rules
as
necessary
to
carry
out
the
provisions
of
the
bill.
4
The
bill
defines
a
“licensed
firearms
dealer”
to
mean
5
the
same
as
defined
in
Code
section
724.29A,
which
defines
a
6
“licensed
firearms
dealer”
as
a
person
who
is
licensed
pursuant
7
to
18
U.S.C.
§923
to
engage
in
the
business
of
dealing
in
8
firearms.
9
The
bill
applies
to
the
sale
or
transfer
of
firearms
on
or
10
after
July
1,
2024.
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