Bill Text: IA HF398 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act prohibiting the sale or transfer of semiautomatic assault weapons, providing penalties, and including effective date and applicability provisions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-02-22 - Introduced, referred to Judiciary. H.J. 432. [HF398 Detail]
Download: Iowa-2017-HF398-Introduced.html
House File 398 - Introduced HOUSE FILE BY HUNTER and MASCHER A BILL FOR 1 An Act prohibiting the sale or transfer of semiautomatic 2 assault weapons, providing penalties, and including 3 effective date and applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1803YH (2) 87 jm/rj PAG LIN 1 1 Section 1. NEW SECTION. 724.1C Semiautomatic assault weapon 1 2 defined. 1 3 1. "Semiautomatic assault weapon" means any of the 1 4 following: 1 5 a. A semiautomatic rifle that has the capability to accept 1 6 a detachable ammunition magazine and that has any of the 1 7 following: 1 8 (1) A pistol grip or thumbhole stock. 1 9 (2) A forward grip or any feature capable of functioning as 1 10 a protruding grip that can be held by the nontrigger hand. 1 11 (3) A shroud attached to the barrel, or that partially or 1 12 completely encircles the barrel, allowing the user to hold the 1 13 firearm with the nontrigger hand without being burned, but 1 14 excluding a slide that encloses the barrel. 1 15 (4) A folding, telescoping, or detachable stock. 1 16 (5) A threaded barrel. 1 17 (6) A grenade launcher or rocket launcher. 1 18 b. A semiautomatic rifle that has a fixed magazine with the 1 19 capability to accept more than ten rounds of ammunition, except 1 20 for an attached tubular device designed to accept, and capable 1 21 of operating only with, .22 caliber rimfire ammunition. 1 22 c. Any part, combination of parts, component, device, 1 23 attachment, or accessory that is designed or functions to 1 24 accelerate the rate of fire of a semiautomatic rifle but not 1 25 convert the semiautomatic rifle into a machine gun. 1 26 d. A semiautomatic pistol that has the capability to accept 1 27 a detachable ammunition magazine and that has any of the 1 28 following: 1 29 (1) A second pistol grip or any feature capable of 1 30 functioning as a protruding grip that can be held by the 1 31 nontrigger hand. 1 32 (2) A shroud attached to the barrel, or that partially or 1 33 completely encircles the barrel, allowing the user to hold the 1 34 firearm with the nontrigger hand without being burned, but 1 35 excluding a slide that encloses the barrel. 2 1 (3) A threaded barrel. 2 2 (4) The capability to accept a detachable ammunition 2 3 magazine at any location outside the pistol grip. 2 4 e. A semiautomatic pistol that has a fixed magazine with the 2 5 capacity to accept more than ten rounds of ammunition. 2 6 f. A semiautomatic shotgun that has any of the following: 2 7 (1) The capability to accept a detachable ammunition 2 8 magazine. 2 9 (2) A pistol grip. 2 10 (3) A folding, telescoping, or detachable stock. 2 11 (4) A fixed ammunition magazine that has the capability to 2 12 accept more than five rounds of ammunition. 2 13 (5) A forward grip. 2 14 (6) A grenade launcher or rocket launcher. 2 15 g. A shotgun with a revolving cylinder. 2 16 h. A conversion kit, part, or combination of parts, from 2 17 which a semiautomatic assault weapon can be assembled if the 2 18 parts are in the possession of or under the control of the same 2 19 person. 2 20 i. A frame or receiver that is identical to, or based 2 21 substantially on, the frame or receiver of a semiautomatic 2 22 assault weapon described in paragraph "a", "b", "d", "e", or 2 23 "f". 2 24 2. "Semiautomatic assault weapon" does not include any of 2 25 the following: 2 26 a. A firearm that is manually operated by a bolt, pump, 2 27 lever, or slide action. 2 28 b. A firearm that has been rendered permanently inoperable. 2 29 Sec. 2. NEW SECTION. 724.22A Sale or transfer of 2 30 semiautomatic assault weapons. 2 31 A person who sells or transfers a semiautomatic assault 2 32 weapon to another person commits a class "D" felony for a first 2 33 offense and a class "C" felony for a second or subsequent 2 34 offense. 2 35 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 3 1 immediate importance, takes effect upon enactment. 3 2 Sec. 4. APPLICABILITY. This Act applies to the sale or 3 3 transfer of a semiautomatic assault weapon sold or transferred 3 4 on or after the effective date of this Act. 3 5 EXPLANATION 3 6 The inclusion of this explanation does not constitute agreement with 3 7 the explanation's substance by the members of the general assembly. 3 8 This bill prohibits the sale or transfer of semiautomatic 3 9 assault weapons, provides penalties, and includes effective 3 10 date and applicability provisions. 3 11 The bill provides that a person who sells or transfers a 3 12 semiautomatic assault weapon to another person commits a class 3 13 "D" felony for a first offense and a class "C" felony for a 3 14 second or subsequent offense. A class "D" felony is punishable 3 15 by confinement for no more than five years and a fine of at 3 16 least $750 but not more than $7,500. A class "C" felony is 3 17 punishable by confinement for no more than 10 years and a fine 3 18 of at least $1,000 but not more than $10,000. 3 19 The bill defines a semiautomatic assault weapon to include 3 20 a semiautomatic rifle, pistol, or shotgun with certain 3 21 characteristics, a conversion kit, part, or combination of 3 22 parts from which a semiautomatic weapon can be assembled, and a 3 23 frame or receiver that is identical to or based substantially 3 24 on the frame or receiver or a semiautomatic assault weapon. 3 25 The bill excludes a firearm that is manually operated by a 3 26 bolt, pump, lever, or slide action and a firearm that has 3 27 been rendered permanently inoperable from the definition of a 3 28 semiautomatic assault weapon. 3 29 The bill takes effect upon enactment and applies to the 3 30 sale or transfer of a semiautomatic assault weapon sold or 3 31 transferred on or after the effective date of the bill. LSB 1803YH (2) 87 jm/rj
