Bill Text: IA SF2106 | 2017-2018 | 87th General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 18-0)

Status: (Introduced - Dead) 2018-02-08 - Subcommittee recommends passage. [SF2106 Detail]

Download: Iowa-2017-SF2106-Introduced.html

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Senate File 2106 - Introduced




                                 SENATE FILE       
                                 BY  BERTRAND, ZAUN,
                                     CHAPMAN, FEENSTRA,
                                     SEGEBART, SCHULTZ, C.
                                     JOHNSON, BEHN, GREENE,
                                     CHELGREN, GUTH, SMITH,
                                     CARLIN, KRAAYENBRINK,
                                     BREITBACH, BROWN,
                                     EDLER, and ROZENBOOM

                                      A BILL FOR

  1 An Act relating to carrying and possessing weapons and
  2    acquiring pistols and revolvers, including penalties and
  3    applicability provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5340XS (8) 87
    jm/rh

PAG LIN



  1  1                           DIVISION I
  1  2        CARRYING AND POSSESSING WEAPONS WITHOUT A PERMIT
  1  3    Section 1.  Section 232.52, subsection 2, paragraph a,
  1  4 subparagraph (4), subparagraph division (a), subparagraph
  1  5 subdivision (viii), Code 2018, is amended to read as follows:
  1  6    (viii)  Section 724.4 or 724.4B if the child used the knife
  1  7 in the commission of a crime on school grounds.
  1  8    Sec. 2.  Section 724.2A, Code 2018, is amended to read as
  1  9 follows:
  1 10    724.2A  Peace officer ==== defined ==== reserved peace officer
  1 11 included.
  1 12    As used in sections 724.4, 724.6, and 724.11, "peace officer"
  1 13  includes a reserve peace officer as defined in section 80D.1A.
  1 14    Sec. 3.  Section 724.4, Code 2018, is amended by striking the
  1 15 section and inserting in lieu thereof the following:
  1 16    724.4  Use of knife in the commission of a crime.
  1 17    A person who goes armed with a knife on or about the person,
  1 18 if the person uses the knife in the commission of a crime,
  1 19 commits an aggravated misdemeanor.
  1 20    Sec. 4.  Section 724.4B, subsection 2, Code 2018, is amended
  1 21 to read as follows:
  1 22    2.  Subsection 1 does not apply to the following:
  1 23    a.  A person listed under section 724.4, subsection 4,
  1 24 paragraphs "b" through "f" or "j".
  1 25    b.  a.  A person who has been specifically authorized by
  1 26 the school to go armed with, carry, or transport a firearm on
  1 27 the school grounds, including for purposes of conducting an
  1 28 instructional program regarding firearms.
  1 29    c.  b.  A licensee under chapter 80A or an employee of
  1 30 such a licensee, while the licensee or employee is engaged in
  1 31 the performance of duties, and if the licensee or employee
  1 32 possesses a valid professional or nonprofessional permit to
  1 33 carry weapons issued pursuant to this chapter.
  1 34    c.  A member of the armed forces of the United States or
  1 35 of the national guard or person in the service of the United
  2  1 States, when the weapons are carried in connection with the
  2  2 person's duties as such.
  2  3    d.  A correctional officer, when the officer's duties
  2  4 require, serving under the authority of the Iowa department of
  2  5 corrections.
  2  6    e.  A person who for any lawful purpose carries an unloaded
  2  7 pistol, revolver, or other dangerous weapon inside a closed and
  2  8 fastened container or securely wrapped package which is too
  2  9 large to be concealed on the person.
  2 10    f.  A person who for any lawful purpose carries or transports
  2 11 an unloaded pistol or revolver in a vehicle inside a closed
  2 12 and fastened container or securely wrapped package which is
  2 13 too large to be concealed on the person or inside a cargo
  2 14 or luggage compartment where the pistol or revolver will not
  2 15 be readily accessible to any person riding in the vehicle or
  2 16 common carrier.
  2 17    g.  A law enforcement officer from another state when the
  2 18 officer's duties require the officer to carry the weapon and
  2 19 the officer is in this state for any of the following reasons:
  2 20    (1)  The extradition or other lawful removal of a prisoner
  2 21 from this state.
  2 22    (2)  Pursuit of a suspect in compliance with chapter 806.
  2 23    (3)  Activities in the capacity of a law enforcement officer
  2 24 with the knowledge and consent of the chief of police of the
  2 25 city or the sheriff of the county in which the activities occur
  2 26 or of the commissioner of public safety.
  2 27    Sec. 5.  Section 724.5, Code 2018, is amended by striking the
  2 28 section and inserting in lieu thereof the following:
  2 29    724.5  Availability of permit not to be construed as
  2 30 prohibition on unlicensed carrying of weapons.
  2 31    The availability of a professional or nonprofessional permit
  2 32 to carry weapons under this chapter shall not be construed
  2 33 to impose a general prohibition on the unlicensed carrying,
  2 34 whether openly or concealed, of a deadly weapon, including a
  2 35 loaded firearm.
  3  1                           DIVISION II
  3  2    ACQUIRING PISTOLS AND REVOLVERS AND PROHIBITED TRANSFERS
  3  3    Sec. 6.  Section 29C.25, subsection 1, paragraph b, Code
  3  4 2018, is amended to read as follows:
  3  5    b.  Suspend or revoke, except in accordance with section
  3  6 724.13, a permit issued pursuant to section 724.6, or 724.7,
  3  7 or 724.15.
  3  8    Sec. 7.  Section 724.11A, Code 2018, is amended to read as
  3  9 follows:
  3 10    724.11A  Recognition.
  3 11    A valid permit or license issued by another state to any
  3 12 nonresident of this state shall be considered to be a valid
  3 13 permit or license to carry weapons issued pursuant to this
  3 14 chapter, except that such permit or license shall not be
  3 15 considered to be a substitute for a permit to acquire pistols
  3 16 or revolvers issued pursuant to section 724.15 deemed to
  3 17 satisfy the requirements of section 724.15.
  3 18    Sec. 8.  Section 724.15, Code 2018, is amended by striking
  3 19 the section and inserting in lieu thereof the following:
  3 20    724.15  Acquiring pistols or revolvers.
  3 21    1.  It is the intent of this section to satisfy federal
  3 22 requirements of 18 U.S.C. {922(t)(3) in order to acquire
  3 23 pistols or revolvers. As of July 1, 2018, the state shall no
  3 24 longer issue a permit to acquire.  In order to acquire a pistol
  3 25 or revolver from a federally licensed firearms dealer, a person
  3 26 is required to have a valid permit to carry weapons issued
  3 27 in accordance with this chapter or the person must complete
  3 28 a satisfactory national instant criminal background check
  3 29 pursuant to 18 U.S.C. {922(t).
  3 30    2.  A person shall not acquire a pistol or revolver who is
  3 31 subject to any of the following:
  3 32    a.  Is under twenty=one years of age.
  3 33    b.  Is prohibited by section 724.26 or federal law from
  3 34 possessing, shipping, transporting, or receiving a firearm.
  3 35    c.  Is prohibited by court order from possessing, shipping,
  4  1 transporting, or receiving a firearm.
  4  2    3.  An issuing officer who finds that a person issued a
  4  3 permit to acquire pistols or revolvers under this chapter
  4  4 prior to July 1, 2018, has been arrested for a disqualifying
  4  5 offense or who is the subject of proceedings that could lead
  4  6 to the person's ineligibility for such permit, may immediately
  4  7 suspend such permit.  An issuing officer proceeding under
  4  8 this subsection shall immediately notify the permit holder
  4  9 of the suspension by personal service or certified mail on a
  4 10 form prescribed and published by the commissioner of public
  4 11 safety and the suspension shall become effective upon the
  4 12 permit holder's receipt of such notice.  If the suspension is
  4 13 based on an arrest or a proceeding that does not result in a
  4 14 disqualifying conviction or finding against the permit holder,
  4 15 the issuing officer shall immediately reinstate the permit upon
  4 16 receipt of proof of the matter's final disposition.  If the
  4 17 arrest leads to a disqualifying conviction or the proceedings
  4 18 to a disqualifying finding, the issuing officer shall revoke
  4 19 the permit.  The issuing officer may also revoke the permit of
  4 20 a person whom the issuing officer later finds was not qualified
  4 21 for such a permit at the time of issuance or who the officer
  4 22 finds provided materially false information on the permit
  4 23 application.  A person aggrieved by a suspension or revocation
  4 24 under this subsection may seek review of the decision pursuant
  4 25 to section 724.21A, Code 2018.
  4 26    Sec. 9.  Section 724.16, Code 2018, is amended to read as
  4 27 follows:
  4 28    724.16  Permit to acquire required == transfer prohibited
  4 29  Pistols and revolvers == acquiring or transferring prohibitions.
  4 30    1.  Except as otherwise provided in section 724.15,
  4 31 subsection 2, a A person who acquires ownership of a pistol or
  4 32 revolver without a valid permit to acquire pistols or revolvers
  4 33 or a person who transfers ownership of a pistol or revolver
  4 34 to a person who does not have in the person's possession a
  4 35 valid permit to acquire pistols or revolvers from a federally
  5  1 licensed firearms dealer in violation of section 724.15 is
  5  2 guilty of an aggravated misdemeanor.
  5  3    2.  A person who transfers ownership of a pistol or revolver
  5  4 to a person that the transferor knows is prohibited by section
  5  5 724.15 from acquiring ownership of a pistol or revolver commits
  5  6 a class "D" felony.
  5  7    Sec. 10.  Section 724.21A, subsections 1, 7, and 8, Code
  5  8 2018, are amended to read as follows:
  5  9    1.  In any case where the sheriff or the commissioner of
  5 10 public safety denies an application for or suspends or revokes
  5 11 a permit to carry weapons or a permit to acquire pistols
  5 12 or revolvers, the sheriff or commissioner shall provide a
  5 13 written statement of the reasons for the denial, suspension, or
  5 14 revocation and the applicant or permit holder shall have the
  5 15 right to appeal the denial, suspension, or revocation to an
  5 16 administrative law judge in the department of inspections and
  5 17 appeals within thirty days of receiving written notice of the
  5 18 denial, suspension, or revocation.
  5 19    7.  In any case where the issuing officer denies an
  5 20 application for, or suspends or revokes a permit to carry
  5 21 weapons or a permit to acquire pistols or revolvers solely
  5 22 because of an adverse determination by the national instant
  5 23 criminal background check system, the applicant or permit
  5 24 holder shall not seek relief under this section but may pursue
  5 25 relief of the national instant criminal background check system
  5 26 determination pursuant to Pub. L. No. 103=159, sections 103(f)
  5 27 and (g) and 104 and 28 C.F.R. {25.10, or other applicable law.
  5 28 The outcome of such proceedings shall be binding on the issuing
  5 29 officer.
  5 30    8.  If an applicant or permit holder appeals the decision
  5 31 by the sheriff or commissioner to deny an application for or
  5 32 suspend or revoke a permit to carry weapons or a permit to
  5 33 acquire pistols or revolvers, and it is later determined on
  5 34 appeal the applicant or permit holder is eligible to be issued
  5 35 or possess a permit to carry weapons or a permit to acquire
  6  1 pistols or revolvers, the applicant or permit holder shall
  6  2 be awarded court costs and reasonable attorney fees. If the
  6  3 decision of the sheriff or commissioner to deny an application
  6  4 for or suspend or revoke a permit to carry weapons or a permit
  6  5 to acquire pistols or revolvers is upheld on appeal, or the
  6  6 applicant or permit holder withdraws or dismisses the appeal,
  6  7 the political subdivision of the state representing the sheriff
  6  8 or the state department representing the commissioner shall be
  6  9 awarded court costs and reasonable attorney fees.
  6 10    Sec. 11.  Section 724.27, subsection 1, unnumbered paragraph
  6 11 1, Code 2018, is amended to read as follows:
  6 12    The provisions of section 724.8, section 724.15, subsection
  6 13 1 2, and section 724.26 shall not apply to a person who is
  6 14 eligible to have the person's civil rights regarding firearms
  6 15 restored under section 914.7 if any of the following occur:
  6 16    Sec. 12.  REPEAL.  Sections 724.17, 724.18, 724.19, and
  6 17 724.20, Code 2018, are repealed.
  6 18    Sec. 13.  APPLICABILITY OF PERMIT TO ACQUIRE ISSUED PRIOR
  6 19 TO EFFECTIVE DATE.  A permit to acquire issued under the
  6 20 provisions of chapter 724, Code 2018, prior to July 1, 2018,
  6 21 shall be considered a valid permit to acquire as long as the
  6 22 permit has not expired unless the person becomes ineligible to
  6 23 acquire a pistol or revolver.
  6 24                           EXPLANATION
  6 25 The inclusion of this explanation does not constitute agreement with
  6 26 the explanation's substance by the members of the general assembly.
  6 27    This bill relates to carrying and possessing weapons and
  6 28 acquiring pistols and revolvers.
  6 29    DIVISION I ==== CARRYING AND POSSESSING WEAPONS WITHOUT A
  6 30 PERMIT.  The bill strikes Code section 724.4 relating to the
  6 31 crime of carrying dangerous weapons, an aggravated misdemeanor,
  6 32 without a valid permit or in other enumerated circumstances.
  6 33 Instead, the bill section creates a new crime of going armed
  6 34 with a knife in the commission of a crime, an aggravated
  6 35 misdemeanor.  The bill makes a conforming change to Code
  7  1 section 232.52, subsection 2, relating to the suspension or
  7  2 revocation of a juvenile's driver's license or operating
  7  3 privilege. The bill also makes conforming changes to Code
  7  4 section 724.4B, relating to the carrying of weapons on school
  7  5 grounds, by specifically identifying certain categories of
  7  6 persons who are authorized to carry weapons on school grounds
  7  7 that were previously identified by reference to Code section
  7  8 724.4, paragraphs "b" through "f" or "j".
  7  9    The bill strikes Code section 724.5 relating to a person's
  7 10 duty to carry a valid permit to carry certain weapons for
  7 11 which a permit has been issued to the person and replaces that
  7 12 Code section with a provision stating that the availability
  7 13 of a professional or nonprofessional permit to carry weapons
  7 14 shall not be construed to impose a general prohibition on the
  7 15 unlicensed carrying of a deadly weapon including a loaded
  7 16 firearm.
  7 17    DIVISION II == ACQUIRING PISTOLS AND REVOLVERS AND
  7 18 PROHIBITED TRANSFERS.  Current law provides that any person who
  7 19 intends to purchase a pistol or revolver is required to first
  7 20 obtain an annual permit to acquire pistols or revolvers unless
  7 21 the person is otherwise exempt from obtaining such a permit.
  7 22 It is the intent of the bill to satisfy federal requirements of
  7 23 18 U.S.C. {922(t)(3) in order to acquire a pistol or revolver.
  7 24 The bill provides that as of July 1, 2018, the state shall no
  7 25 longer issue a permit to acquire.  In order to acquire a pistol
  7 26 or revolver from a federally licensed firearms dealer, a person
  7 27 is required to have a valid permit to carry weapons issued in
  7 28 accordance with Code chapter 724 or the person must complete
  7 29 a satisfactory national instant criminal background check
  7 30 pursuant to 18 U.S.C. {922(t). The bill provides that a valid
  7 31 permit to carry weapons or license issued by another state to
  7 32 any nonresident of this state does not satisfy the requirements
  7 33 to acquire a pistol or revolver in this state.
  7 34    The bill also makes a conforming change to Code section
  7 35 29C.25 due to the elimination of the permit to acquire.
  8  1 Under the bill, a person is not eligible to acquire a pistol
  8  2 or revolver if the person is less than 21 years of age, is
  8  3 prohibited by Code section 724.26 (felon in possession of a
  8  4 firearm), federal law, or is prohibited by a court order from
  8  5 possessing, shipping, transporting, or receiving a firearm.
  8  6    The bill provides a permit to acquire a pistol or revolver
  8  7 issued under Code chapter 724 (2018) prior to July 1, 2018,
  8  8 shall be considered a valid permit to acquire as long as the
  8  9 permit has not expired unless the person becomes ineligible to
  8 10 acquire a pistol or revolver.
  8 11    The bill, in Code section 724.15, provides that a permit to
  8 12 acquire firearms issued prior to July 1, 2018, may be suspended
  8 13 or revoked by the issuing officer and the aggrieved permit
  8 14 holder may file an appeal with an administrative law judge
  8 15 under Code section 724.21A as written in the 2018 Code.
  8 16    By striking the requirement to obtain a permit to acquire a
  8 17 pistol or revolver, and moving certain requirements to acquire
  8 18 a pistol or revolver into Code section 724.15 as amended in the
  8 19 bill, the bill repeals Code sections 724.17 (application for
  8 20 permit to acquire ==== criminal history check), 724.18 (procedure
  8 21 for making application for permit to acquire), 724.19 (issuance
  8 22 of annual permit to acquire), and 724.20 (validity of permit to
  8 23 acquire pistols or revolvers).
  8 24    The bill amends Code section 724.16 by providing that a
  8 25 person who acquires ownership of a pistol or revolver from a
  8 26 federally licensed firearms dealer in violation of Code section
  8 27 724.15 is guilty of an aggravated misdemeanor.  Currently, a
  8 28 person who acquires ownership of a pistol or revolver without
  8 29 a valid  permit to acquire pistols or revolvers or a person
  8 30 who transfers ownership of a pistol or revolver to a person
  8 31 who does not have in the person's possession a valid  permit
  8 32 to acquire pistols or revolvers is guilty of an aggravated
  8 33 misdemeanor, except as otherwise provided in Code section
  8 34 724.15(2).
  8 35    The bill makes a conforming change to Code section 724.27
  9  1 relating to the restoration of firearms rights.
       LSB 5340XS (8) 87
       jm/rh