Bill Text: IA SF165 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to carrying and possessing weapons and acquiring pistols and revolvers, providing penalties, and including applicability provisions.

Spectrum: Partisan Bill (Republican 15-0)

Status: (Introduced) 2019-02-06 - Subcommittee Meeting: 02/11/2019 11:00AM RM 116. [SF165 Detail]

Download: Iowa-2019-SF165-Introduced.html
Senate File 165 - Introduced SENATE FILE 165 BY ZAUN , FEENSTRA , SCHULTZ , WHITING , JOHNSON , CHAPMAN , SHIPLEY , GUTH , EDLER , BROWN , R. SMITH , SEGEBART , KRAAYENBRINK , KAPUCIAN , and SWEENEY A BILL FOR An Act relating to carrying and possessing weapons and 1 acquiring pistols and revolvers, providing penalties, and 2 including applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1360XS (4) 88 mo/rh
S.F. 165 DIVISION I 1 CARRYING AND POSSESSING WEAPONS WITHOUT A PERMIT 2 Section 1. Section 232.52, subsection 2, paragraph a, 3 subparagraph (4), subparagraph division (a), subparagraph 4 subdivision (viii), Code 2019, is amended to read as follows: 5 (viii) Section 724.4 if the child used the knife in the 6 commission of a crime on school grounds . 7 Sec. 2. Section 724.2A, Code 2019, is amended to read as 8 follows: 9 724.2A Peace officer —— defined —— reserved peace officer 10 included. 11 As used in sections 724.4 , 724.6 , and 724.11 , “peace officer” 12 includes a reserve peace officer as defined in section 80D.1A . 13 Sec. 3. Section 724.4, Code 2019, is amended by striking the 14 section and inserting in lieu thereof the following: 15 724.4 Use of knife in the commission of a crime. 16 A person who goes armed with a knife on or about the person, 17 if the person uses the knife in the commission of a crime, 18 commits an aggravated misdemeanor. 19 Sec. 4. Section 724.4B, subsection 2, Code 2019, is amended 20 to read as follows: 21 2. Subsection 1 does not apply to the following: 22 a. A person listed under section 724.4, subsection 4 , 23 paragraphs “b” through “f” or “j” . 24 b. a. A person who has been specifically authorized by 25 the school to go armed with, carry, or transport a firearm on 26 the school grounds, including for purposes of conducting an 27 instructional program regarding firearms. 28 c. b. A licensee under chapter 80A or an employee of 29 such a licensee, while the licensee or employee is engaged in 30 the performance of duties, and if the licensee or employee 31 possesses a valid professional or nonprofessional permit to 32 carry weapons issued pursuant to this chapter . 33 c. A member of the armed forces of the United States or 34 of the national guard or person in the service of the United 35 -1- LSB 1360XS (4) 88 mo/rh 1/ 9
S.F. 165 States, when the weapons are carried in connection with the 1 person’s duties as such. 2 d. A correctional officer, when the officer’s duties 3 require, serving under the authority of the Iowa department of 4 corrections. 5 e. A person who for any lawful purpose carries an unloaded 6 pistol, revolver, or other dangerous weapon inside a closed and 7 fastened container or securely wrapped package which is too 8 large to be concealed on the person. 9 f. A person who for any lawful purpose carries or transports 10 an unloaded pistol or revolver in a vehicle inside a closed 11 and fastened container or securely wrapped package which is 12 too large to be concealed on the person or inside a cargo 13 or luggage compartment where the pistol or revolver will not 14 be readily accessible to any person riding in the vehicle or 15 common carrier. 16 g. A law enforcement officer from another state when the 17 officer’s duties require the officer to carry the weapon and 18 the officer is in this state for any of the following reasons: 19 (1) The extradition or other lawful removal of a prisoner 20 from this state. 21 (2) Pursuit of a suspect in compliance with chapter 806. 22 (3) Activities in the capacity of a law enforcement officer 23 with the knowledge and consent of the chief of police of the 24 city or the sheriff of the county in which the activities occur 25 or of the commissioner of public safety. 26 Sec. 5. Section 724.5, Code 2019, is amended by striking the 27 section and inserting in lieu thereof the following: 28 724.5 Availability of permit not to be construed as 29 prohibition on unlicensed carrying of weapons. 30 The availability of a professional or nonprofessional permit 31 to carry weapons under this chapter shall not be construed 32 to impose a general prohibition on the unlicensed carrying, 33 whether openly or concealed, of a deadly weapon, including a 34 loaded firearm. 35 -2- LSB 1360XS (4) 88 mo/rh 2/ 9
S.F. 165 DIVISION II 1 ACQUIRING PISTOLS AND REVOLVERS AND PROHIBITED TRANSFERS 2 Sec. 6. Section 29C.25, subsection 1, paragraph b, Code 3 2019, is amended to read as follows: 4 b. Suspend or revoke, except in accordance with section 5 724.13 , a permit issued pursuant to section 724.6 , or 724.7 , 6 or 724.15 . 7 Sec. 7. Section 724.11A, Code 2019, is amended to read as 8 follows: 9 724.11A Recognition. 10 A valid permit or license issued by another state to any 11 nonresident of this state shall be considered to be a valid 12 permit or license to carry weapons issued pursuant to this 13 chapter , except that such permit or license shall not be 14 considered to be a substitute for a permit to acquire pistols 15 or revolvers issued pursuant to section 724.15 deemed to 16 satisfy the requirements of section 724.15 . 17 Sec. 8. Section 724.15, Code 2019, is amended by striking 18 the section and inserting in lieu thereof the following: 19 724.15 Acquiring pistols or revolvers. 20 1. It is the intent of this section to satisfy federal 21 requirements of 18 U.S.C. §922(t)(3) in order to acquire 22 pistols or revolvers. As of July 1, 2019, the state shall no 23 longer issue a permit to acquire. In order to acquire a pistol 24 or revolver from a federally licensed firearms dealer, a person 25 is required to have a valid permit to carry weapons issued 26 in accordance with this chapter or the person must complete 27 a satisfactory national instant criminal background check 28 pursuant to 18 U.S.C. §922(t). 29 2. A person shall not acquire a pistol or revolver who is 30 subject to any of the following: 31 a. Is under twenty-one years of age. 32 b. Is prohibited by section 724.26 or federal law from 33 possessing, shipping, transporting, or receiving a firearm. 34 c. Is prohibited by court order from possessing, shipping, 35 -3- LSB 1360XS (4) 88 mo/rh 3/ 9
S.F. 165 transporting, or receiving a firearm. 1 3. An issuing officer who finds that a person issued a 2 permit to acquire pistols or revolvers under this chapter 3 prior to July 1, 2019, has been arrested for a disqualifying 4 offense or who is the subject of proceedings that could lead 5 to the person’s ineligibility for such permit, may immediately 6 suspend such permit. An issuing officer proceeding under 7 this subsection shall immediately notify the permit holder 8 of the suspension by personal service or certified mail on a 9 form prescribed and published by the commissioner of public 10 safety and the suspension shall become effective upon the 11 permit holder’s receipt of such notice. If the suspension is 12 based on an arrest or a proceeding that does not result in a 13 disqualifying conviction or finding against the permit holder, 14 the issuing officer shall immediately reinstate the permit upon 15 receipt of proof of the matter’s final disposition. If the 16 arrest leads to a disqualifying conviction or the proceedings 17 to a disqualifying finding, the issuing officer shall revoke 18 the permit. The issuing officer may also revoke the permit of 19 a person whom the issuing officer later finds was not qualified 20 for such a permit at the time of issuance or who the officer 21 finds provided materially false information on the permit 22 application. A person aggrieved by a suspension or revocation 23 under this subsection may seek review of the decision pursuant 24 to section 724.21A, Code 2018. 25 Sec. 9. Section 724.16, Code 2019, is amended to read as 26 follows: 27 724.16 Permit to acquire required —— transfer prohibited 28 Pistols and revolvers —— acquiring or transferring prohibitions . 29 1. Except as otherwise provided in section 724.15, 30 subsection 2 , a A person who acquires ownership of a pistol or 31 revolver without a valid permit to acquire pistols or revolvers 32 or a person who transfers ownership of a pistol or revolver 33 to a person who does not have in the person’s possession a 34 valid permit to acquire pistols or revolvers from a federally 35 -4- LSB 1360XS (4) 88 mo/rh 4/ 9
S.F. 165 licensed firearms dealer in violation of section 724.15 is 1 guilty of an aggravated misdemeanor. 2 2. A person who transfers ownership of a pistol or revolver 3 to a person that the transferor knows is prohibited by section 4 724.15 from acquiring ownership of a pistol or revolver commits 5 a class “D” felony. 6 Sec. 10. Section 724.21A, subsections 1, 7, and 8, Code 7 2019, are amended to read as follows: 8 1. In any case where the sheriff or the commissioner of 9 public safety denies an application for or suspends or revokes 10 a permit to carry weapons or a permit to acquire pistols 11 or revolvers , the sheriff or commissioner shall provide a 12 written statement of the reasons for the denial, suspension, or 13 revocation and the applicant or permit holder shall have the 14 right to appeal the denial, suspension, or revocation to an 15 administrative law judge in the department of inspections and 16 appeals within thirty days of receiving written notice of the 17 denial, suspension, or revocation. 18 7. In any case where the issuing officer denies an 19 application for, or suspends or revokes a permit to carry 20 weapons or a permit to acquire pistols or revolvers solely 21 because of an adverse determination by the national instant 22 criminal background check system, the applicant or permit 23 holder shall not seek relief under this section but may pursue 24 relief of the national instant criminal background check system 25 determination pursuant to Pub. L. No. 103-159, sections 103(f) 26 and (g) and 104 and 28 C.F.R. §25.10 , or other applicable law. 27 The outcome of such proceedings shall be binding on the issuing 28 officer. 29 8. If an applicant or permit holder appeals the decision 30 by the sheriff or commissioner to deny an application for or 31 suspend or revoke a permit to carry weapons or a permit to 32 acquire pistols or revolvers, and it is later determined on 33 appeal the applicant or permit holder is eligible to be issued 34 or possess a permit to carry weapons or a permit to acquire 35 -5- LSB 1360XS (4) 88 mo/rh 5/ 9
S.F. 165 pistols or revolvers, the applicant or permit holder shall 1 be awarded court costs and reasonable attorney fees. If the 2 decision of the sheriff or commissioner to deny an application 3 for or suspend or revoke a permit to carry weapons or a permit 4 to acquire pistols or revolvers is upheld on appeal, or the 5 applicant or permit holder withdraws or dismisses the appeal, 6 the political subdivision of the state representing the sheriff 7 or the state department representing the commissioner shall be 8 awarded court costs and reasonable attorney fees. 9 Sec. 11. Section 724.27, subsection 1, unnumbered paragraph 10 1, Code 2019, is amended to read as follows: 11 The provisions of section 724.8 , section 724.15, subsection 12 1 2 , and section 724.26 shall not apply to a person who is 13 eligible to have the person’s civil rights regarding firearms 14 restored under section 914.7 if any of the following occur: 15 Sec. 12. REPEAL. Sections 724.17, 724.18, 724.19, and 16 724.20, Code 2019, are repealed. 17 Sec. 13. APPLICABILITY OF PERMIT TO ACQUIRE PISTOLS OR 18 REVOLVERS ISSUED PRIOR TO EFFECTIVE DATE. A permit to acquire 19 issued under the provisions of chapter 724, Code 2019, prior to 20 July 1, 2019, shall be considered a valid permit to acquire as 21 long as the permit has not expired unless the person becomes 22 ineligible to acquire a pistol or revolver. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to carrying and possessing weapons and 27 acquiring pistols and revolvers. 28 DIVISION I —— CARRYING AND POSSESSING WEAPONS WITHOUT A 29 PERMIT. The bill strikes Code section 724.4 relating to the 30 crime of carrying dangerous weapons, an aggravated misdemeanor, 31 without a valid permit or in other enumerated circumstances. 32 Instead, the bill section creates a new crime of going armed 33 with a knife in the commission of a crime, an aggravated 34 misdemeanor. The bill amends Code section 232.52(2), by 35 -6- LSB 1360XS (4) 88 mo/rh 6/ 9
S.F. 165 allowing a juvenile court to enter a dispositional order 1 suspending or revoking a child’s driver’s license or operating 2 privilege where the child commits a delinquent act in violation 3 of Code section 724.4 and the commission of the delinquent act 4 is on school grounds. The bill also makes conforming changes 5 to Code section 724.4B, relating to the carrying of weapons on 6 school grounds, by specifically identifying certain categories 7 of persons who are authorized to carry weapons on school 8 grounds that were previously identified by reference to Code 9 section 724.4, paragraphs “b” through “f” or “j”. 10 The bill strikes Code section 724.5 relating to a person’s 11 duty to carry a valid permit to carry certain weapons for 12 which a permit has been issued to the person and replaces that 13 Code section with a provision stating that the availability 14 of a professional or nonprofessional permit to carry weapons 15 shall not be construed to impose a general prohibition on the 16 unlicensed carrying of a deadly weapon including a loaded 17 firearm. 18 DIVISION II —— ACQUIRING PISTOLS AND REVOLVERS AND 19 PROHIBITED TRANSFERS. Current law provides that any person who 20 intends to purchase a pistol or revolver is required to first 21 obtain an annual permit to acquire pistols or revolvers unless 22 the person is otherwise exempt from obtaining such a permit. 23 It is the intent of the bill to satisfy federal requirements of 24 18 U.S.C. §922(t)(3) in order to acquire a pistol or revolver. 25 The bill provides that as of July 1, 2019, the state shall no 26 longer issue a permit to acquire. In order to acquire a pistol 27 or revolver from a federally licensed firearms dealer, a person 28 is required to have a valid permit to carry weapons issued in 29 accordance with Code chapter 724 or the person must complete 30 a satisfactory national instant criminal background check 31 pursuant to 18 U.S.C. §922(t). The bill provides that a valid 32 permit to carry weapons or license issued by another state to 33 any nonresident of this state does not satisfy the requirements 34 to acquire a pistol or revolver in this state. 35 -7- LSB 1360XS (4) 88 mo/rh 7/ 9
S.F. 165 The bill also makes a conforming change to Code section 1 29C.25 due to the elimination of the permit to acquire. 2 Under the bill, a person is not eligible to acquire a pistol 3 or revolver if the person is less than 21 years of age, is 4 prohibited by Code section 724.26 (felon in possession of a 5 firearm), federal law, or is prohibited by a court order from 6 possessing, shipping, transporting, or receiving a firearm. 7 The bill provides a permit to acquire a pistol or revolver 8 issued under Code chapter 724 (Code 2019) prior to July 1, 9 2019, shall be considered a valid permit to acquire as long as 10 the permit has not expired unless the person becomes ineligible 11 to acquire a pistol or revolver. 12 The bill, in Code section 724.15, provides that a permit to 13 acquire firearms issued prior to July 1, 2019, may be suspended 14 or revoked by the issuing officer and the aggrieved permit 15 holder may file an appeal with an administrative law judge 16 under Code section 724.21A as written in the 2019 Code. 17 By striking the requirement to obtain a permit to acquire a 18 pistol or revolver, and moving certain requirements to acquire 19 a pistol or revolver into Code section 724.15 as amended in the 20 bill, the bill repeals Code sections 724.17 (application for 21 permit to acquire —— criminal history check), 724.18 (procedure 22 for making application for permit to acquire), 724.19 (issuance 23 of annual permit to acquire), and 724.20 (validity of permit to 24 acquire pistols or revolvers). 25 The bill amends Code section 724.16 by providing that a 26 person who acquires ownership of a pistol or revolver from a 27 federally licensed firearms dealer in violation of Code section 28 724.15 is guilty of an aggravated misdemeanor. Currently, a 29 person who acquires ownership of a pistol or revolver without 30 a valid permit to acquire pistols or revolvers or a person 31 who transfers ownership of a pistol or revolver to a person 32 who does not have in the person’s possession a valid permit 33 to acquire pistols or revolvers is guilty of an aggravated 34 misdemeanor, except as otherwise provided in Code section 35 -8- LSB 1360XS (4) 88 mo/rh 8/ 9
S.F. 165 724.15(2). 1 The bill makes a conforming change to Code section 724.27 2 relating to the restoration of firearms rights. 3 An aggravated misdemeanor, as referenced in the bill, is 4 punishable by confinement for no more than two years and a fine 5 of at least $625 but not more than $6,250. 6 -9- LSB 1360XS (4) 88 mo/rh 9/ 9
feedback