Bill Text: IA HF92 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to the sale or transfer of firearms, providing penalties, and including applicability provisions.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2019-01-29 - Subcommittee: Windschitl, Klein, Wessel-Kroeschell. H.J. 178. [HF92 Detail]

Download: Iowa-2019-HF92-Introduced.html
House File 92 - Introduced HOUSE FILE 92 BY HUNTER , STAED , STECKMAN , MASCHER , OLDSON , LENSING , and WESSEL-KROESCHELL A BILL FOR An Act relating to the sale or transfer of firearms, providing 1 penalties, and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1437YH (3) 88 mo/rh
H.F. 92 Section 1. NEW SECTION . 724.32 Sale or transfer of firearms 1 —— criminal history background check. 2 1. A person shall not sell or transfer a firearm to another 3 person without receiving verification from a federally licensed 4 firearms dealer that information regarding the prospective 5 purchaser or transferee has been submitted to the department of 6 public safety for a criminal history background check and that 7 a determination has been received by the department of public 8 safety that the prospective purchaser or transferee is not 9 prohibited under either state or federal law from possessing a 10 firearm. A criminal history background check conducted under 11 this section shall include an inquiry of the national instant 12 criminal background check system maintained by the federal 13 bureau of investigation. 14 2. A person who sells or transfers a firearm in violation of 15 this section is guilty of an aggravated misdemeanor. 16 3. A federally licensed firearms dealer may charge and 17 collect fees for obtaining criminal history record information 18 checks on behalf of sellers or transferors. 19 4. The department of public safety shall adopt rules 20 pursuant to chapter 17A to administer this section. 21 Sec. 2. APPLICABILITY. This Act applies to the sale or 22 transfer of firearms on or after the effective date of this 23 Act. 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 sale or transfer of firearms, 28 provides penalties, and includes applicability provisions. 29 The bill prohibits a person from selling or transferring a 30 firearm to another person without receiving verification from a 31 federally licensed firearms dealer that information regarding 32 the prospective purchaser or transferee has been submitted 33 to the department of public safety for a criminal history 34 background check and that a determination has been received by 35 -1- LSB 1437YH (3) 88 mo/rh 1/ 2
H.F. 92 the department of public safety that the prospective purchaser 1 or transferee is not prohibited under either state or federal 2 law from possessing a firearm. A criminal history background 3 check under the bill includes an inquiry of the national 4 instant criminal background check system maintained by the 5 federal bureau of investigation. 6 The bill provides that a person who sells or transfers a 7 firearm in violation of this Code section is guilty of an 8 aggravated misdemeanor, punishable by confinement for no more 9 than two years and a fine of at least $625 but not more than 10 $6,250. 11 The bill provides that a federally licensed firearms dealer 12 may charge and collect fees for obtaining criminal history 13 record information checks on behalf of sellers and transferors 14 and the department of public safety shall adopt administrative 15 rules to administer the bill. 16 The bill applies to the sale or transfer of firearms on or 17 after the effective date of the bill. 18 -2- LSB 1437YH (3) 88 mo/rh 2/ 2
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