Bill Text: IA HF2145 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the issuance, denial, suspension, or revocation of a permit to carry weapons.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-01-30 - Introduced, referred to Judiciary. H.J. 167. [HF2145 Detail]

Download: Iowa-2017-HF2145-Introduced.html

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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
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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  6 724.10 shall may 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 28 shall determine 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, or is 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, or who 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 revoke a permit to carry weapons or a 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 possess a permit to carry weapons or a 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 revoke a permit to carry weapons or a 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.
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