Bill Text: IA SF425 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the possession, manufacture, acquisition, and sale of firearms and suppressors, providing penalties, and including effective date and applicability provisions. (Formerly SSB 1251.)
Sponsorship: Committee Bill
Status: (Introduced - Dead) 2015-04-09 - Referred to Judiciary. S.J. 835. [SF425 Detail]
Download: Iowa-2015-SF425-Introduced.html
Senate File 425 - Introduced SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1251) A BILL FOR 1 An Act relating to the possession, manufacture, acquisition, 2 and sale of firearms and suppressors, providing penalties, 3 and including effective date and applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1099SV (3) 86 jm/rj PAG LIN 1 1 Section 1. Section 724.1, subsection 1, paragraph h, Code 1 2 2015, is amended by striking the paragraph. 1 3 Sec. 2. NEW SECTION. 724.1A Firearm suppressors ==== 1 4 certification. 1 5 1. As used in this section, unless the context otherwise 1 6 requires: 1 7 a. "Certification" means the participation and assent of 1 8 the chief law enforcement officer of the jurisdiction where the 1 9 applicant resides or maintains an address of record, that is 1 10 necessary under federal law for the approval of an application 1 11 to make or transfer a firearm suppressor. 1 12 b. "Chief law enforcement officer" means the county sheriff, 1 13 chief of police, or the designee of such official, that the 1 14 federal bureau of alcohol, tobacco, firearms and explosives, 1 15 or any successor agency, has identified by regulation or has 1 16 determined is otherwise eligible to provide any required 1 17 certification for making or transferring a firearm suppressor. 1 18 c. "Firearm suppressor" means a mechanical device 1 19 specifically constructed and designed so that when attached to 1 20 a firearm silences, muffles, or suppresses the sound when fired 1 21 that is considered a "firearm silencer" or "firearm muffler" as 1 22 defined in 18 U.S.C. {921. 1 23 2. a. A chief law enforcement officer is not required 1 24 to make any certification under this section the chief law 1 25 enforcement officer knows to be false, but the chief law 1 26 enforcement officer shall not refuse, based on a generalized 1 27 objection, to issue a certification to make or transfer a 1 28 firearm suppressor. 1 29 b. When the certification of the chief law enforcement 1 30 officer is required by federal law or regulation for making or 1 31 transferring a firearm suppressor, the chief law enforcement 1 32 officer shall, within thirty days of receipt of a request for 1 33 certification, issue such certification if the applicant is 1 34 not prohibited by law from making or transferring a firearm 1 35 suppressor or is not the subject of a proceeding that could 2 1 result in the applicant being prohibited by law from making 2 2 or transferring the firearm suppressor. If the chief law 2 3 enforcement officer does not issue a certification as required 2 4 by this section, the chief law enforcement officer shall 2 5 provide the applicant with a written notification of the denial 2 6 and the reason for the denial. 2 7 3. An applicant whose request for certification is denied 2 8 may appeal the decision of the chief law enforcement officer 2 9 to the district court for the county in which the applicant 2 10 resides or maintains an address of record. The court shall 2 11 review the decision of the chief law enforcement officer to 2 12 deny the certification de novo. If the court finds that the 2 13 applicant is not prohibited by law from making or transferring 2 14 the firearm suppressor, or is not the subject of a proceeding 2 15 that could result in such prohibition, or that no substantial 2 16 evidence supports the decision of the chief law enforcement 2 17 officer, the court shall order the chief law enforcement 2 18 officer to issue the certification and award court costs and 2 19 reasonable attorney fees to the applicant. If the court 2 20 determines the applicant is not eligible to be issued a 2 21 certification, the court shall award court costs and reasonable 2 22 attorney fees to the political subdivision of the state 2 23 representing the chief law enforcement officer. 2 24 4. In making a determination about whether to issue a 2 25 certification under subsection 2, a chief law enforcement 2 26 officer may conduct a criminal background check, but shall 2 27 only require the applicant provide as much information as is 2 28 necessary to identify the applicant for this purpose or to 2 29 determine the disposition of an arrest or proceeding relevant 2 30 to the eligibility of the applicant to lawfully possess or 2 31 receive a firearm suppressor. A chief law enforcement officer 2 32 shall not require access to or consent to inspect any private 2 33 premises as a condition of providing a certification under this 2 34 section. 2 35 5. A chief law enforcement officer and employees of the 3 1 chief law enforcement officer who act in good faith are immune 3 2 from liability arising from any act or omission in making a 3 3 certification as required by this section. 3 4 Sec. 3. NEW SECTION. 724.1B Firearm suppressors == penalty. 3 5 1. A person shall not possess a firearm suppressor in this 3 6 state unless authorized by federal law. 3 7 2. A person who possesses a firearm suppressor in violation 3 8 of subsection 1 commits a class "D" felony. 3 9 Sec. 4. Section 724.4, subsection 4, paragraph i, Code 2015, 3 10 is amended to read as follows: 3 11 i. (1) A person who has in the person's immediate 3 12 possession and who displays to a peace officer on demand a 3 13 valid permit to carry weapons which has been issued to the 3 14 person, and whose conduct is within the limits of that permit. 3 15 A peace officer shall verify through electronic means, if 3 16 possible, the validity of the person's permit to carry weapons. 3 17 (2) A person commits a simple misdemeanor punishable as 3 18 a scheduled violation pursuant to section 805.8C, subsection 3 19 11, if the person does not have in the person's immediate 3 20 possession a valid permit to carry weapons which has been 3 21 issued to the person. 3 22 (3)AExcept as provided subparagraph (2), a person shall 3 23 not be convicted of a violation of this section if the person 3 24 produces at the person's trial a permit to carry weapons which 3 25 was valid at the time of the alleged offense and which would 3 26 have brought the person's conduct within this exception if the 3 27 permit had been produced at the time of the alleged offense. 3 28 Sec. 5. Section 724.4B, subsection 2, paragraph a, Code 3 29 2015, is amended to read as follows: 3 30 a. A person listed under section 724.4, subsection 4, 3 31 paragraphs "b" through "f" or "j", or a certified peace officer 3 32 as specified in section 724.6, subsection 1. 3 33 Sec. 6. Section 724.5, Code 2015, is amended to read as 3 34 follows: 3 35 724.5 Duty to carry or verify permit to carry weapons. 4 1 1. A person armed with a revolver, pistol, or pocket billy 4 2 concealed upon the person shall have in the person's immediate 4 3 possession the permit provided for in section 724.4, subsection 4 4 4, paragraph "i", and shall produce the permit for inspection at 4 5 the request of a peace officer. 4 6 2. A peace officer shall verify through electronic means, if 4 7 possible, the validity of the person's permit to carry weapons. 4 8 3. Failure to so produce a permit is a simple misdemeanor, 4 9 punishable as a scheduled violation pursuant to section 805.8C, 4 10 subsection 12. 4 11 Sec. 7. Section 724.6, subsection 1, Code 2015, is amended 4 12 to read as follows: 4 13 1. A person may be issued a permit to carry weapons when 4 14 the person's employment in a private investigation business 4 15 or private security business licensed under chapter 80A, or a 4 16 person's employment as a peace officer, correctional officer, 4 17 security guard, bank messenger or other person transporting 4 18 property of a value requiring security, or in police work, 4 19 reasonably justifies that person going armed. The permit shall 4 20 be on a form prescribed and published by the commissioner of 4 21 public safety, shall identify the holder, and shall state 4 22 the nature of the employment requiring the holder to go 4 23 armed. A permit so issued, other than to a peace officer, 4 24 shall authorize the person to whom it is issued to go armed 4 25 anywhere in the state, only while engaged in the employment, 4 26 and while going to and from the place of the employment. A 4 27 permit issued to a certified peace officer shall authorize that 4 28 peace officer to go armed anywhere in the state, including a 4 29 school as provided in section 724.4B, at all times. Permits 4 30 shall expire twelve months after the date when issued except 4 31 that permits issued to peace officers and correctional officers 4 32 are valid through the officer's period of employment unless 4 33 otherwise canceled. When the employment is terminated, the 4 34 holder of the permit shall surrender it to the issuing officer 4 35 for cancellation. 5 1 Sec. 8. Section 724.7, subsection 1, Code 2015, is amended 5 2 to read as follows: 5 3 1. Any person who is not disqualified under section 724.8, 5 4 who satisfies the training requirements of section 724.9, if 5 5 applicable, and who files an application in accordance with 5 6 section 724.10 shall be issued a nonprofessional permit to 5 7 carry weapons. Such permits shall be on a form prescribed and 5 8 published by the commissioner of public safety, which shall 5 9 be readily distinguishable from the professional permit, and 5 10 shall identify the holder of the permit. Such permits shall 5 11 not be issued for a particular weapon and shall not contain 5 12 information about a particular weapon including the make, 5 13 model, or serial number of the weapon or any ammunition used 5 14 in that weapon. All permits so issued shall be for a period of 5 15 five years and shall be valid throughout the state except where 5 16 the possession or carrying of a firearm is prohibited by state 5 17 or federal law. 5 18 Sec. 9. Section 724.9, Code 2015, is amended to read as 5 19 follows: 5 20 724.9 Firearm training program. 5 21 1. An applicant for an initial permit to carry weapons, 5 22 an applicant for a renewal permit under subsection 2, or an 5 23 applicant for renewal who applies outside the time periods 5 24 specified for a renewal in section 724.11, shall demonstrate 5 25 knowledge of firearm safety by any of the following means: 5 26 a. Completion of any national rifle association handgun 5 27 safety training course. 5 28 b. Completion of any handgun safety training course 5 29 available to the general public offered by a law enforcement 5 30 agency, community college, college, private or public 5 31 institution or organization, or firearms training school, 5 32 utilizing instructors certified by the national rifle 5 33 association or the department of public safety or another 5 34 state's department of public safety, state police department, 5 35 or similar certifying body. 6 1 c. Completion of any handgun safety training course offered 6 2 for security guards, investigators, special deputies, or any 6 3 division or subdivision of a law enforcement or security 6 4 enforcement agency approved by the department of public safety. 6 5 d. Completion of small arms training while serving with the 6 6 armed forces of the United Statesas evidenced by any of the 6 7 following:. 6 8(1) For personnel released or retired from active duty, 6 9 possession of an honorable discharge or general discharge under 6 10 honorable conditions.6 11(2) For personnel on active duty or serving in one of the 6 12 national guard or reserve components of the armed forces of the 6 13 United States, possession of a certificate of completion of 6 14 basic training with a service record of successful completion 6 15 of small arms training and qualification.6 16 e. Completion of a law enforcement agency firearms training 6 17 course that qualifies a peace officer to carry a firearm in the 6 18 normal course of the peace officer's duties. 6 19 2. a. Beginning with the first renewal of a permit 6 20 issued after the calendar year 2010, and alternating renewals 6 21 thereafter, training is not required unless the applicant 6 22 applies outside of the time periods specified for a renewal in 6 23 section 724.11. 6 24 b. Beginning with the second renewal of a permit issued 6 25 after the calendar year 2010, and alternating renewals 6 26 thereafter, an applicant is required to complete training and 6 27 shall qualify under either of the following: 6 28 (1) Any training option specified in subsection 1. 6 29 (2) On a firing range under the supervision of an instructor 6 30 certified by the national rifle association or the department 6 31 of public safety or another state's department of public 6 32 safety, state police department, or similar certifying body. 6 332.3.EvidenceIf training or qualification is required 6 34 under this section, evidence of such training or qualification 6 35under this sectionmay be documented by any of the following: 7 1 a. A photocopy of a certificate of completion or any 7 2 similar document indicating completion of any course or 7 3 class identified in subsection 1 that was completed within 7 4 twenty=four months prior to the date of the application. 7 5 b. An affidavit from the instructor, school, organization, 7 6 or group that conducted or taught a course or class identified 7 7 in subsection 1 that was completed within twenty=four 7 8 months prior to the date of the application attesting to the 7 9 completion of the course or class by the applicant. 7 10c. A copy of any document indicating participation in any 7 11 firearms shooting competition.7 12 c. Possession of an honorable discharge or general discharge 7 13 under honorable conditions issued any time prior to the date of 7 14 the application for personnel released or retired from active 7 15 duty in the armed forces of the United States. 7 16 d. Possession of a certificate of completion of basic 7 17 training with a service record of successful completion of 7 18 small arms training and qualification issued prior to the 7 19 date of the application, or other official documentation 7 20 satisfactory to the issuing officer that was issued prior to 7 21 the date of the application for personnel on active duty or 7 22 serving in one of the national guard or reserve components of 7 23 the armed forces of the United States. 7 24 e. A qualification certificate, qualification card, or 7 25 affidavit from an instructor certified by the national rifle 7 26 association or the department of public safety or another 7 27 state's department of public safety, state police department, 7 28 or similar certifying body attesting that the applicant for 7 29 renewal has qualified on a firing range within twenty=four 7 30 months prior to the date of the application. 7 313.4. An issuing officer shall not condition the issuance 7 32 of a permit on training requirements that are not specified in 7 33 or that exceed the requirements of this section. 7 34 5. The handgun safety training course required in 7 35 subsection 1 may be conducted over the internet in a live or 8 1 web=based format, if completion of the course is verified by 8 2 the instructor or provider of the course. 8 3 Sec. 10. Section 724.10, subsections 1 and 2, Code 2015, are 8 4 amended to read as follows: 8 5 1. a. A person shall not be issued a permit to carry 8 6 weapons unless the person has completed and signed an 8 7 application on a form to be prescribed and published by 8 8 the commissioner of public safety. The application shall 8 9 require only the full name, driver's license or nonoperator's 8 10 identification card number, residence, place of birth, and 8 11 date of birth of the applicant, and shall state whether the 8 12 applicant meets the criteria specified in sections 724.8 8 13 and 724.9. An applicant may provide the applicant's social 8 14 security number if the applicant so chooses. The applicant 8 15 shall also display an identification card that bears a 8 16 distinguishing number assigned to the cardholder, the full 8 17 name, date of birth, sex, residence address, and a brief 8 18 description and colored photograph of the cardholder. 8 19 b. If the applicant is not a United States citizen, the 8 20 application shall, in addition to the information specified in 8 21 paragraph "a", require the applicant's country of citizenship, 8 22 any alien or admission number issued by the United States 8 23 immigration and customs enforcement or any successor agency, 8 24 and, if applicable, the basis for any exception claimed 8 25 pursuant to 18 U.S.C. {922(y). 8 26 2. The issuing officer, upon receipt of an initial or 8 27 renewal application under this section, shall immediately 8 28 conduct a background check concerning each applicant by 8 29 obtaining criminal history data from the department of 8 30 public safety which shall include an inquiry of the national 8 31 instant criminal background check system maintained by the 8 32 federal bureau of investigation or any successor agency and 8 33 an immigration alien query through a database maintained by 8 34 the United States immigration and customs enforcement or any 8 35 successor agency if the applicant is not a United States 9 1 citizen. 9 2 Sec. 11. Section 724.11, subsections 1 and 3, Code 2015, are 9 3 amended to read as follows: 9 4 1. Applications for permits to carry weapons shall be made 9 5 to the sheriff of the county in which the applicant resides. 9 6 Applications for professional permits to carry weapons for 9 7 persons who are nonresidents of the state, or whose need to 9 8 go armed arises out of employment by the state, shall be made 9 9 to the commissioner of public safety. In either case, the 9 10 sheriff or commissioner, before issuing the permit, shall 9 11 determine that the requirements of sections 724.6 to 724.10 9 12 have been satisfied.However, for renewal of a permit the 9 13 training program requirements in section 724.9, subsection 1, 9 14 shall apply or the renewal applicant may choose to qualify on a 9 15 firing range under the supervision of an instructor certified 9 16 by the national rifle association or the department of public 9 17 safety or another state's department of public safety, state 9 18 police department, or similar certifying body. Such training 9 19 or qualification must occur within the twelve=month period 9 20 prior to the expiration of the applicant's current permit. 9 21An applicant for renewal of a permit shall apply within 9 22 thirty days prior to the expiration of the permit or within 9 23 thirty days after the expiration of the permit; otherwise the 9 24 applicant shall be considered an applicant for an initial 9 25 permit under section 724.9, subsection 1. 9 26 3. The issuing officer shall collect a fee of fifty dollars, 9 27 except from a duly appointed peace officer or correctional 9 28 officer, for each permit issued. Renewal permits or duplicate 9 29 permits shall be issued for a fee of twenty=five dollars, 9 30 provided the application for such renewal permit is received by 9 31 the issuing officerat leastwithin thirty days prior to the 9 32 expiration of the applicant's current permit or within thirty 9 33 days after such expiration. The issuing officer shall notify 9 34 the commissioner of public safety of the issuance of any permit 9 35 at least monthly and forward to the commissioner an amount 10 1 equal to ten dollars for each permit issued and five dollars 10 2 for each renewal or duplicate permit issued. All such fees 10 3 received by the commissioner shall be paid to the treasurer of 10 4 state and deposited in the operating account of the department 10 5 of public safety to offset the cost of administering this 10 6 chapter. Notwithstanding section 8.33, any unspent balance as 10 7 of June 30 of each year shall not revert to the general fund of 10 8 the state. 10 9 Sec. 12. Section 724.11, Code 2015, is amended by adding the 10 10 following new subsection: 10 11 NEW SUBSECTION. 5. The initial or renewal permit shall 10 12 have a uniform appearance, size, and content prescribed and 10 13 published by the commissioner of public safety. The permit 10 14 shall contain the name of the permittee and the effective date 10 15 of the permit, but shall not contain the permittee's social 10 16 security number. Such a permit shall not be issued for a 10 17 particular weapon and shall not contain information about a 10 18 particular weapon including the make, model, or serial number 10 19 of the weapon, or any ammunition used in that weapon. 10 20 Sec. 13. Section 724.11A, Code 2015, is amended to read as 10 21 follows: 10 22 724.11A Recognition. 10 23 A valid permit or license issued by another state to any 10 24 nonresident of this state shall be considered to be a valid 10 25 permit or license to carry weapons issued pursuant to this 10 26 chapter, except that such permit or license shall not be 10 27 considered to be a substitute foran annuala permit to acquire 10 28pistols or revolversfirearms issued pursuant to section 10 29 724.15. 10 30 Sec. 14. Section 724.15, Code 2015, is amended by striking 10 31 the section and inserting in lieu thereof the following: 10 32 724.15 Optional permit to acquire firearms. 10 33 1. It is the purpose of this section to provide for a permit 10 34 to acquire firearms that will satisfy the requirements of 18 10 35 U.S.C. {922(t)(3) to allow the holder of such a permit to 11 1 acquire firearms from a federally licensed firearms dealer. A 11 2 person is not required to obtain a permit to acquire firearms 11 3 under this section if the person possesses a valid permit to 11 4 carry weapons issued in accordance with this chapter or if the 11 5 person has otherwise completed a satisfactory national instant 11 6 criminal background check required pursuant to 18 U.S.C. 11 7 {922(t). 11 8 2. A person may obtain a permit to acquire firearms pursuant 11 9 to this section. However, a permit to acquire firearms 11 10 shall not be issued to a person who is subject to any of the 11 11 following: 11 12 a. Is under twenty=one years of age. 11 13 b. Is prohibited by section 724.26 or federal law from 11 14 possessing, shipping, transporting, or receiving a firearm. 11 15 c. Is prohibited by court order from possessing, shipping, 11 16 transporting, or receiving a firearm. 11 17 3. A permit to acquire firearms shall authorize the permit 11 18 holder to acquire one or more firearms, without limitation, 11 19 from a federally licensed firearms dealer during the period the 11 20 permit remains valid pursuant to section 724.20. 11 21 4. An issuing officer who finds that a person issued 11 22 a permit to acquire firearms under this chapter has been 11 23 arrested for a disqualifying offense or who is the subject of 11 24 proceedings that could lead to the person's ineligibility for 11 25 such permit may immediately suspend such permit. An issuing 11 26 officer proceeding under this subsection shall immediately 11 27 notify the permit holder of the suspension by personal service 11 28 or certified mail on a form prescribed and published by the 11 29 commissioner of public safety and the suspension shall become 11 30 effective upon the permit holder's receipt of such notice. If 11 31 the suspension is based on an arrest or a proceeding that does 11 32 not result in a disqualifying conviction or finding against 11 33 the permit holder, the issuing officer shall immediately 11 34 reinstate the permit upon receipt of proof of the matter's 11 35 final disposition. If the arrest leads to a disqualifying 12 1 conviction or the proceedings to a disqualifying finding, the 12 2 issuing officer shall revoke the permit. The issuing officer 12 3 may also revoke the permit of a person whom the issuing officer 12 4 later finds was not qualified for such a permit at the time of 12 5 issuance or who the officer finds provided materially false 12 6 information on the permit application. A person aggrieved by a 12 7 suspension or revocation under this subsection may seek review 12 8 of the decision pursuant to section 724.21A. 12 9 Sec. 15. Section 724.16, Code 2015, is amended by striking 12 10 the section and inserting in lieu thereof the following: 12 11 724.16 Prohibited transfers of firearms. 12 12 1. A person shall not transfer a firearm to another person 12 13 if the person knows or reasonably should know that the other 12 14 person is prohibited from receiving or possessing a firearm 12 15 under section 724.26 or federal law. 12 16 2. A person shall not loan or rent a firearm to another 12 17 person for temporary use during lawful activities if the person 12 18 knows or reasonably should know that the person is prohibited 12 19 from receiving or possessing a firearm under section 724.26 or 12 20 federal law. 12 21 3. A person who transfers, loans, or rents a firearm in 12 22 violation of this section commits a class "D" felony. 12 23 Sec. 16. Section 724.17, Code 2015, is amended to read as 12 24 follows: 12 25 724.17 Application forannualpermit to acquire firearms ==== 12 26 criminal history check required. 12 27 1. The application foran annuala permit to acquirepistols 12 28 or revolversfirearms may be made to the sheriff of the county 12 29 of the applicant's residence and shall be on a form prescribed 12 30 and published by the commissioner of public safety. 12 31 a.TheIf an applicant is a United States citizen, the 12 32 application shall require only the full name of the applicant, 12 33 the driver's license or nonoperator's identification card 12 34 number of the applicant, the residence of the applicant, and 12 35 the date and place of birth of the applicant. 13 1 b. If the applicant is not a United States citizen, the 13 2 application shall, in addition to the information specified in 13 3 paragraph "a", require the applicant's country of citizenship, 13 4 any alien or admission number issued by the United States 13 5 immigration and customs enforcement or any successor agency, 13 6 and, if applicable, the basis for any exception claimed 13 7 pursuant to 18 U.S.C. {922(y). 13 8 c. The applicant shall also display an identification card 13 9 that bears a distinguishing number assigned to the cardholder, 13 10 the full name, date of birth, sex, residence address, and brief 13 11 description andcoloredphotograph of the cardholder, or other 13 12 identification as specified by rule of the department of public 13 13 safety. 13 14 2. The sheriff shall conduct a criminal history check 13 15 concerning each applicant by obtaining criminal history data 13 16 from the department of public safety which shall include an 13 17 inquiry of the national instant criminal background check 13 18 system maintained by the federal bureau of investigation or 13 19 any successor agency and an immigration alien query through 13 20 a database maintained by the United States immigration and 13 21 customs enforcement or any successor agency if the applicant 13 22 is not a United States citizen. 13 23 3. A person who makes what the person knows to be a false 13 24 statement of material fact on an application submitted under 13 25 this section or who submits what the person knows to be any 13 26 materially falsified or forged documentation in connection with 13 27 such an application commits a class "D" felony. 13 28 Sec. 17. Section 724.18, Code 2015, is amended by striking 13 29 the section and inserting in lieu thereof the following: 13 30 724.18 Procedure for making application for permit to acquire 13 31 firearms. 13 32 1. A person may personally request the sheriff to mail an 13 33 application for a permit to acquire firearms, and the sheriff 13 34 shall immediately forward such application to the person. The 13 35 person shall personally deliver such a completed application to 14 1 the sheriff. The permit to acquire firearms shall be issued 14 2 to the applicant within thirty days of the receipt of the 14 3 completed application, unless the applicant is disqualified 14 4 after a criminal history check and immigration alien query, if 14 5 applicable. 14 6 2. For the purposes of this section and section 724.19, 14 7 the date of application shall be the date on which the sheriff 14 8 receives the completed application. 14 9 Sec. 18. Section 724.19, Code 2015, is amended to read as 14 10 follows: 14 11 724.19 Issuance ofannualpermit to acquire firearms. 14 12 Theannualpermit to acquirepistols or revolversfirearms 14 13 shall be issued to the applicantimmediately upon completion 14 14 of the applicationwithin thirty days of the receipt of the 14 15 completed application, unless the applicant is disqualified 14 16 under the provisions of section 724.15andor 724.17. The 14 17 permit shallbe on a formhave a uniform appearance, size, and 14 18 content prescribed and published by the commissioner of public 14 19 safety. The permit shall contain the name of the permittee, 14 20 the residence of the permittee,and the effective date of the 14 21 permit, but shall not contain the permittee's social security 14 22 number. Such a permit shall not be issued for a particular 14 23 weapon and shall not contain information about a particular 14 24 weapon including the make, model, or serial number of the 14 25 weapon, or any ammunition used in that weapon. 14 26 Sec. 19. Section 724.20, Code 2015, is amended to read as 14 27 follows: 14 28 724.20 Validity ofannualpermit to acquirepistols or 14 29 revolversfirearms. 14 30 The permit shall be valid throughout the state and shall 14 31 bevalid three days after the date of application and shall 14 32 beinvalidone yearfive years after the date ofapplication 14 33issuance. 14 34 Sec. 20. Section 724.21, Code 2015, is amended to read as 14 35 follows: 15 1 724.21 Giving false information when acquiringweapon 15 2firearms. 15 3 A person who gives a false name or presents false 15 4 identification, or otherwise knowingly gives false material 15 5 information to one from whom the person seeks to acquire a 15 6pistol or revolverfirearm, commits a class "D" felony. 15 7 Sec. 21. Section 724.21A, subsections 1 and 7, Code 2015, 15 8 are amended to read as follows: 15 9 1. In any case where the sheriff or the commissioner of 15 10 public safety denies an application for or suspends or revokes 15 11 a permit to carry weapons oran annuala permit to acquire 15 12pistols or revolversfirearms, the sheriff or commissioner 15 13 shall provide a written statement of the reasons for the 15 14 denial, suspension, or revocation and the applicant or permit 15 15 holder shall have the right to appeal the denial, suspension, 15 16 or revocation to an administrative law judge in the department 15 17 of inspections and appeals within thirty days of receiving 15 18 written notice of the denial, suspension, or revocation. 15 19 7. In any case where the issuing officer denies an 15 20 application for, or suspends or revokes a permit to carry 15 21 weapons oran annuala permit to acquirepistols or revolvers 15 22firearms solely because of an adverse determination by 15 23 the national instant criminal background check system, the 15 24 applicant or permit holder shall not seek relief under this 15 25 section but may pursue relief of the national instant criminal 15 26 background check system determination pursuant to Pub. L. No. 15 27 103=159, sections 103(f) and (g) and 104 and 28 C.F.R. {25.10, 15 28 or other applicable law. The outcome of such proceedings shall 15 29 be binding on the issuing officer. 15 30 Sec. 22. Section 724.21A, Code 2015, is amended by adding 15 31 the following new subsection: 15 32 NEW SUBSECTION. 8. If an applicant appeals the decision 15 33 by the sheriff or commissioner to deny an application, or 15 34 suspend or revoke a permit to carry weapons or a permit to 15 35 acquire firearms, and it is later determined the applicant 16 1 is eligible to be issued or possess such a permit, the 16 2 applicant shall be awarded costs related to the administrative 16 3 proceeding and reasonable attorney fees if applicable. If the 16 4 decision of the sheriff or commission to deny the application, 16 5 or suspend or revoke the permit is upheld on appeal, the 16 6 political subdivision of the state representing the sheriff 16 7 or the commissioner shall be awarded costs related to the 16 8 administrative proceeding and reasonable attorney fees if 16 9 applicable. 16 10 Sec. 23. Section 724.22, subsection 5, Code 2015, is amended 16 11 to read as follows: 16 12 5. A parent or guardian or spouse who is twenty=one years of 16 13 age or older, of a personfourteen years of age but less than 16 14below the age of twenty=one may allow the person to possess a 16 15 pistol or revolver or the ammunition therefor for any lawful 16 16 purpose while under the direct supervision of the parent or 16 17 guardian or spouse who is twenty=one years of age or older, or 16 18 while the person receives instruction in the proper use thereof 16 19 from an instructor twenty=one years of age or older, with the 16 20 consent of such parent, guardian or spouse. 16 21 Sec. 24. Section 724.23, Code 2015, is amended to read as 16 22 follows: 16 23 724.23 Records kept by commissioner and issuing officers. 16 24 1. a. The commissioner of public safety shall maintain a 16 25 permanent record of all valid permits to carry weapons and of 16 26 current permit revocations. 16 27 b. The permanent record shall be kept in a searchable 16 28 database that is accessible on a statewide basis for the 16 29 circumstances described in subsection 2, paragraph "b", "c", or 16 30 "d". 16 31 2. a. Notwithstanding any other law or rule to the 16 32 contrary, the commissioner of public safety and any issuing 16 33 officer shall keep confidential personally identifiable 16 34 information of holders of permits to carry weapons and permits 16 35 to acquire firearms, including but not limited to the name, 17 1 social security number, date of birth, residential or business 17 2 address, and driver's license or other identification number of 17 3 the applicant or permit holder. 17 4 b. This subsection shall not prohibit the release of 17 5 statistical information relating to the issuance, denial, 17 6 revocation, or administration of nonprofessional permits to 17 7 carry weapons and permits to acquire firearms, provided that 17 8 the release of such information does not reveal the identity of 17 9 any individual permit holder. 17 10 c. This subsection shall not prohibit the release of 17 11 information to any law enforcement agency or any employee or 17 12 agent thereof when necessary for the purpose of investigating a 17 13 possible violation of law or when probable cause exists, or for 17 14 conducting a lawfully authorized background investigation. 17 15 d. This subsection shall not prohibit the release of 17 16 information relating to the validity of a professional permit 17 17 to carry weapons to an employer who requires an employee or an 17 18 agent of the employer to possess a professional permit to carry 17 19 weapons as part of the duties of the employee or agent. 17 20 e. Except as provided in paragraphs "b", "c", and "d", the 17 21 release of any confidential information under this section 17 22 shall require a court order or the consent of the person whose 17 23 personally identifiable information is the subject of the 17 24 information request. 17 25 Sec. 25. Section 724.27, subsection 1, unnumbered paragraph 17 26 1, Code 2015, is amended to read as follows: 17 27 The provisions of section 724.8, section 724.15, subsection 17 2812, and section 724.26 shall not apply to a person who is 17 29 eligible to have the person's civil rights regarding firearms 17 30 restored under section 914.7 if any of the following occur: 17 31 Sec. 26. NEW SECTION. 724.29A Fraudulent purchase of 17 32 firearms or ammunition. 17 33 1. For purposes of this section: 17 34 a. "Ammunition" means any cartridge, shell, or projectile 17 35 designed for use in a firearm. 18 1 b. "Licensed firearms dealer" means a person who is licensed 18 2 pursuant to 18 U.S.C. {923 to engage in the business of dealing 18 3 in firearms. 18 4 c. "Materially false information" means information that 18 5 portrays an illegal transaction as legal or a legal transaction 18 6 as illegal. 18 7 d. "Private seller" means a person who sells or offers for 18 8 sale any firearm or ammunition. 18 9 2. A person who knowingly solicits, persuades, encourages, 18 10 or entices a licensed firearms dealer or private seller of 18 11 firearms or ammunition to transfer a firearm or ammunition 18 12 under circumstances that the person knows would violate the 18 13 laws of this state or of the United States commits a class "D" 18 14 felony. 18 15 3. A person who knowingly provides materially false 18 16 information to a licensed firearms dealer or private seller of 18 17 firearms or ammunition with the intent to deceive the firearms 18 18 dealer or seller about the legality of a transfer of a firearm 18 19 or ammunition commits a class "D" felony. 18 20 4. Any person who willfully procures another to engage in 18 21 conduct prohibited by this section shall be held accountable 18 22 as a principal. 18 23 5. This section does not apply to a law enforcement officer 18 24 acting in the officer's official capacity or to a person acting 18 25 at the direction of such law enforcement officer. 18 26 Sec. 27. NEW SECTION. 724.32 Rules. 18 27 The department of public safety shall adopt rules pursuant 18 28 to chapter 17A to administer this chapter. 18 29 Sec. 28. Section 805.8C, Code 2015, is amended by adding the 18 30 following new subsections: 18 31 NEW SUBSECTION. 11. Duty to possess permit to carry 18 32 weapons. For violations of section 724.4, subsection 4, 18 33 paragraph "i", subparagraph (2), the scheduled fine is ten 18 34 dollars. 18 35 NEW SUBSECTION. 12. Failure to produce permit to carry. For 19 1 violations of section 724.5, the scheduled fine is ten dollars. 19 2 Sec. 29. EFFECTIVE UPON ENACTMENT. The following 19 3 provision or provisions of this Act, being deemed of immediate 19 4 importance, take effect upon enactment: 19 5 1. The section of this Act amending section 724.1, 19 6 subsection 1, paragraph "h". 19 7 2. The section of this Act enacting new section 724.1A. 19 8 3. The section of this Act amending section 724.22. 19 9 4. The section of this Act amending section 724.23, 19 10 subsection 2. 19 11 5. The section of this Act amending section 724.29A. 19 12 6. The applicability section of this Act. 19 13 Sec. 30. APPLICABILITY. The section of this Act amending 19 14 section 724.23 applies to holders of nonprofessional permits to 19 15 carry weapons and permits to acquire firearms and to applicants 19 16 for nonprofessional permits to carry weapons and permits to 19 17 acquire firearms on or after the effective date of that section 19 18 of this Act. 19 19 EXPLANATION 19 20 The inclusion of this explanation does not constitute agreement with 19 21 the explanation's substance by the members of the general assembly. 19 22 This bill relates to the manufacture, acquisition, sale, and 19 23 use of firearms and suppressors. 19 24 FIREARM SUPPRESSORS. Current Iowa law provides that a 19 25 mechanical device specifically constructed and designed so that 19 26 when attached to a firearm it silences, muffles, or suppresses 19 27 the sound when fired is an offensive weapon. Under Code 19 28 section 724.3, any person who knowingly possesses an offensive 19 29 weapon commits a class "D" felony, punishable by confinement 19 30 for no more than five years and a fine of at least $750 but not 19 31 more than $7,500. 19 32 The bill strikes a provision in Code section 724.1(1)(h) 19 33 that classifies a firearm suppressor as an offensive weapon. 19 34 By striking this provision, a firearm suppressor is legal 19 35 to possess in the state. This provision takes effect upon 20 1 enactment. 20 2 The bill also creates in new Code section 724.1A, a process 20 3 whereby a person may apply to the chief law enforcement officer 20 4 of the jurisdiction where the person resides or maintains an 20 5 address of record for a certification to make or transfer a 20 6 firearm suppressor. The bill defines "firearm suppressor" to 20 7 mean a mechanical device specifically constructed and designed 20 8 so that when attached to a firearm silences, muffles, or 20 9 suppresses the sound when fired that is considered a "firearm 20 10 silencer" or "firearm muffler" as defined in 18 U.S.C. {921. 20 11 The bill specifies that a chief law enforcement officer 20 12 shall not refuse to provide certification, based on a 20 13 generalized objection, to an applicant making or transferring 20 14 a firearm suppressor. If a person applies for certification 20 15 to make or transfer a firearm suppressor with the chief 20 16 law enforcement officer, the bill requires the chief law 20 17 enforcement officer to issue the certification within 30 20 18 days of receiving such an application unless the applicant 20 19 is prohibited by law from making or transferring a firearm 20 20 suppressor or the applicant is the subject of a proceeding that 20 21 could result in the applicant being prohibited by law from 20 22 making or transferring a firearm suppressor. If the chief 20 23 law enforcement officer does not issue a certification under 20 24 the bill, the chief law enforcement officer shall provide the 20 25 applicant a written notification of the denial and the reason 20 26 for the denial. If the certification has been approved by the 20 27 chief law enforcement officer under the bill, the applicant 20 28 has the authority to make or transfer a firearm suppressor as 20 29 provided by state and federal law. 20 30 If the applicant's request for certification is denied, 20 31 the bill specifies that the applicant may appeal the decision 20 32 to the district court for the county in which the applicant 20 33 resides or maintains an address of record. The bill specifies 20 34 that the court shall review the decision of the chief law 20 35 enforcement officer to deny the certification de novo. If the 21 1 court finds that the applicant is not prohibited by law from 21 2 making or transferring a firearm suppressor, the bill requires 21 3 the court to order the chief law enforcement officer to issue 21 4 the certification and award court costs and reasonable attorney 21 5 fees to the applicant. If the court determines the applicant 21 6 is not eligible to be issued a certification, the bill requires 21 7 the court to award court costs and reasonable attorney fees to 21 8 the political subdivision of the state representing the chief 21 9 law enforcement officer. 21 10 In making a determination about whether to issue a 21 11 certification under the bill, a chief law enforcement officer 21 12 may conduct a criminal background check, but shall only require 21 13 the applicant to provide as much information as is necessary 21 14 to identify the applicant for this purpose or to determine 21 15 the disposition of an arrest or proceeding relevant to the 21 16 eligibility of the applicant to lawfully make or transfer a 21 17 firearm suppressor. The bill prohibits a chief law enforcement 21 18 officer from requiring access to any private premises as a 21 19 condition of providing a certification under this Code section. 21 20 A chief law enforcement officer and employees of the chief 21 21 law enforcement officer who act in good faith are immune 21 22 from liability arising from any act or omission in making a 21 23 certification under the bill. 21 24 The bill provides that a person shall not possess a firearm 21 25 suppressor unless authorized by federal law. A person who 21 26 violates this provision commits a class "D" felony. 21 27 The provisions relating to making or transferring a firearm 21 28 suppressor take effect upon enactment. 21 29 CARRYING WEAPONS. The bill provides that a person does not 21 30 commit the criminal offense of carrying weapons in violation of 21 31 Code section 724.4 if the person has in the person's immediate 21 32 possession and who displays to a peace officer on demand a 21 33 valid permit to carry weapons which has been issued to the 21 34 person, and whose conduct is within the limits of that permit. 21 35 The bill specifies that a peace officer shall verify through 22 1 electronic means, if possible, the validity of the person's 22 2 permit to carry weapons. Current law does not require the 22 3 permit to be in the person's immediate possession only that 22 4 the permit be in the person's possession. If a person, who 22 5 possesses a valid permit to carry weapons under the bill, fails 22 6 to carry such a permit in the immediate possession of the 22 7 person or fails to display the permit to a peace officer on 22 8 demand, a person commits a simple misdemeanor punishable by a 22 9 $10 scheduled fine. 22 10 CARRYING WEAPONS ON SCHOOL GROUNDS. The bill provides 22 11 that a certified peace officer who possesses a professional 22 12 permit to carry weapons does not commit the criminal violation 22 13 of unlawfully carrying weapons on school grounds under Code 22 14 section 724.4B. Under current law, a peace officer while 22 15 acting within the official duties of the officer may possess a 22 16 weapon on school grounds. A person who commits the offense of 22 17 unlawfully carrying weapons on school grounds commits a class 22 18 "D" felony. 22 19 DUTY TO POSSESS PERMIT TO CARRY WEAPONS. The bill under 22 20 Code section 724.5 makes it a simple misdemeanor punishable by 22 21 a $10 scheduled fine if a person armed with a revolver, pistol, 22 22 or pocket billy concealed upon the person does not possess 22 23 the permit to carry weapons in the immediate possession of 22 24 the person, and fails to produce such permit for inspection 22 25 upon the request of a peace officer. The bill specifies that 22 26 a peace officer shall verify through electronic means, if 22 27 possible, the validity of the person's permit to carry weapons. 22 28 Current law provides that if a person commits such a violation 22 29 the person commits a simple misdemeanor. 22 30 INITIAL PERMIT TO CARRY WEAPONS OR RENEWAL. Prior to issuing 22 31 any initial permit to carry weapons or any renewal permit, 22 32 the sheriff or commissioner under Code section 724.11 shall 22 33 determine if the requirements of Code sections 724.6, 724.7, 22 34 724.8, 724.9, and 724.10 have been met. Under Code section 22 35 724.10, an applicant who is a United States citizen is only 23 1 required to provide certain basic identifying documentation. 23 2 Under the bill, an applicant who is not a United States 23 3 citizen must provide additional information and is subject to 23 4 an immigration alien query through a database maintained by 23 5 the United States immigration and customs enforcement. All 23 6 applicants are subject to a criminal history background check. 23 7 The bill does not change the training or qualification 23 8 requirements for an initial application to carry weapons 23 9 under Code section 724.9(1), except that the training or 23 10 qualification must occur within 24 months prior to the date of 23 11 the application rather than within the 12=month period prior to 23 12 the application required under current law. 23 13 Any of the following firearm safety training courses are 23 14 acceptable under current law and the bill: the national rifle 23 15 association handgun safety training course; any handgun safety 23 16 training course available to the general public offered by a 23 17 law enforcement agency, community college, college, private or 23 18 public institution or organization, or firearms training school 23 19 utilizing certified instructors; a handgun safety training 23 20 course offered for security guards, investigators, special 23 21 deputies, or any division or subdivision of a law enforcement 23 22 or security enforcement agency approved by the department of 23 23 public safety; or small arms training while serving with the 23 24 armed forces of the United States. 23 25 The bill provides in Code section 724.9 that the handgun 23 26 safety training course required to obtain a permit to carry 23 27 under Code section 724.11 may be conducted over the internet in 23 28 a live or web=based format, as long as completion of the course 23 29 is verified by the instructor or provider of the course. 23 30 The bill provides that beginning with the first renewal 23 31 of a permit to carry weapons issued after the calendar year 23 32 2010, and alternating renewals thereafter, training under Code 23 33 section 724.9(1) is not required unless the renewal applicant 23 34 does not apply within 30 days prior to the expiration of the 23 35 permit or within 30 days after the expiration of the permit. 24 1 If the renewal applicant does not apply within 30 days prior 24 2 to the expiration of the permit or within 30 days after the 24 3 expiration of the permit the renewal applicant shall be subject 24 4 to the same training requirements as a person who initially 24 5 applies for a permit to carry weapons under Code section 24 6 724.9(1). 24 7 The bill provides that beginning with the second renewal 24 8 of a permit to carry weapons issued after the calendar year 24 9 2010, and alternating renewals thereafter, a renewal applicant 24 10 is required to complete training and shall qualify under 24 11 either of the following: the training requirements specified 24 12 in Code section 724.9(1), or on a firing range under the 24 13 supervision of an instructor certified by the national rifle 24 14 association or the department of public safety or another 24 15 state's department of public safety, state police department, 24 16 or similar certifying body. 24 17 The bill provides that an initial or renewal applicant 24 18 to carry weapons may evidence the training by providing the 24 19 following: a photocopy of a certificate of completion or any 24 20 similar document indicating completion of any course or class 24 21 identified in Code section 724.9(1) that was completed within 24 22 24 months prior to the date of the application; a photocopy of 24 23 a certificate of completion or any similar document indicating 24 24 completion of any course or class identified in Code section 24 25 724.9(1) that was completed within 24 months prior to the date 24 26 of the application; possession of an honorable discharge or 24 27 general discharge under honorable conditions issued any time 24 28 prior to the date of the application for personnel released 24 29 or retired from active duty in the armed forces of the United 24 30 States; possession of a certificate of completion of basic 24 31 training with a service record of successful completion of 24 32 small arms training and qualification issued prior to the 24 33 date of the application, or other official documentation 24 34 satisfactory to the issuing officer, for personnel on active 24 35 duty or serving in one of the national guard or reserve 25 1 components of the armed forces of the United States; or a 25 2 qualification certificate, qualification card, or affidavit 25 3 from an instructor certified by the national rifle association 25 4 or the department of public safety or another state's 25 5 department of public safety, state police department, or 25 6 similar certifying body attesting that the applicant for 25 7 renewal has qualified on a firing range within 24 months prior 25 8 to the date of the application. 25 9 The bill strikes a provision that allows an initial or 25 10 renewal applicant for a permit to carry weapons to evidence 25 11 the training by providing a copy of any document indicating 25 12 participation in a firearms shooting competition. 25 13 The bill specifies that the initial or renewal permit shall 25 14 have a uniform appearance, size, and content prescribed and 25 15 published by the commissioner of public safety. The bill 25 16 further specifies that the permit shall contain the name of 25 17 the permittee and the effective date of the permit, but shall 25 18 not contain the permittee's social security number. The bill 25 19 prohibits such a permit to be issued for a particular weapon or 25 20 to contain information about a particular weapon including the 25 21 make, model, or serial number of the weapon, or any ammunition 25 22 used in that weapon. 25 23 The bill does not increase or decrease the fee for a renewal 25 24 of a permit to carry weapons but does allow a renewal applicant 25 25 to pay the $25 renewal application fee if the renewal applicant 25 26 applies within 30 days prior to the expiration of the permit 25 27 or within 30 days after such expiration. Current law requires 25 28 that in order to be assessed the $25 renewal application fee, 25 29 the renewal applicant must apply at least 30 days prior to the 25 30 expiration of the permit to carry weapons. 25 31 PROHIBITED TRANSFERS OF FIREARMS. The bill strikes 25 32 the language of current Code section 724.16, relating to 25 33 transferring a pistol or revolver to a person without a 25 34 permit or acquiring a pistol or revolver without a permit and 25 35 substitutes language prohibiting the transfer of a firearm to 26 1 another person who does not possess a permit if the person 26 2 knows or reasonably should know the person is prohibited from 26 3 receiving or possessing a firearm under Code section 724.26 26 4 or federal law. The bill also provides that a person shall 26 5 not loan or rent a firearm to another person for temporary use 26 6 during lawful activities if the person knows or reasonably 26 7 should know the person is prohibited from receiving or 26 8 possessing a firearm under Code section 724.26 or federal 26 9 law. A person who violates this provision commits a class "D" 26 10 felony. 26 11 OPTIONAL PERMITS TO ACQUIRE AND PERMITS TO ACQUIRE FIREARMS. 26 12 Current law provides that any person who intends to purchase a 26 13 pistol or revolver is required to first obtain an annual permit 26 14 to acquire pistols or revolvers unless the person is otherwise 26 15 exempt from obtaining such a permit. The bill in Code section 26 16 724.15 eliminates this type of mandatory permit and provides 26 17 instead for an optional permit to acquire firearms in order to 26 18 satisfy the requirements of federal law allowing the holder of 26 19 such a permit to acquire firearms from a federally licensed 26 20 firearms dealer. A person is not required to obtain a permit 26 21 to acquire firearms to purchase firearms from a federally 26 22 licensed firearms dealer if the person possesses a valid permit 26 23 to carry weapons issued in accordance with Iowa law or if the 26 24 person has otherwise completed a satisfactory national instant 26 25 criminal background check required by federal law to purchase 26 26 firearms from a federally licensed firearms dealer. 26 27 Under the bill, a person who applies for an optional permit 26 28 to acquire firearms is not eligible for the permit if the 26 29 person is less than 21 years of age or is prohibited by Code 26 30 section 724.26 (felon in possession of a firearm), federal 26 31 law, or court order from possessing, shipping, transporting, 26 32 or receiving a firearm. 26 33 The bill in Code section 724.17 provides that an application 26 34 for a permit to acquire firearms is made to the sheriff of the 26 35 county of the applicant's residence. A person may request the 27 1 sheriff to mail a permit to acquire firearms under Code section 27 2 724.18, and the bill requires the sheriff to immediately 27 3 forward the application to the person. An applicant who is 27 4 a United States citizen is only required to provide certain 27 5 basic identifying documentation. An applicant who is not a 27 6 United States citizen must provide additional information and 27 7 is subject to an immigration alien query through a database 27 8 maintained by the United States immigration and customs 27 9 enforcement. All applicants are subject to a criminal history 27 10 background check. Corresponding amendments are made to Code 27 11 sections 724.11A and 724.21. 27 12 The bill under Code section 724.18 provides that the permit 27 13 to acquire shall be issued to the applicant within 30 days of 27 14 receiving the completed application unless the applicant is 27 15 disqualified after a criminal history check and immigration 27 16 alien query, if applicable. The bill provides under Code 27 17 section 724.19 that the permit shall have a uniform appearance, 27 18 size, and content, but shall not contain the permittee's 27 19 social security number. Such permits shall not be issued for 27 20 a particular weapon and shall not contain information about a 27 21 particular weapon including the make, model, or serial number 27 22 of the weapon, or any ammunition used in that weapon. 27 23 The bill in Code section 724.15 provides that the permit to 27 24 acquire firearms may be suspended or revoked by the issuing 27 25 officer and the aggrieved permit holder may file an appeal with 27 26 an administrative law judge. 27 27 Current law in Code section 724.17 provides that a person who 27 28 makes what the person knows to be a false statement of material 27 29 fact on an application for a permit to acquire firearms 27 30 or who submits what the person knows to be any materially 27 31 falsified or forged documentation in connection with such an 27 32 application commits a class "D" felony. Under the bill in Code 27 33 section 724.16 a person who transfers ownership of a firearm 27 34 to a person that the transferor knows is prohibited under 27 35 Code section 724.26 (felon in possession of a firearm) from 28 1 possessing, shipping, transporting, or receiving a firearm 28 2 commits a class "D" felony. 28 3 The bill makes a conforming change to Code section 724.27 28 4 relating to the restoration of firearms rights. 28 5 ISSUANCE OF OPTIONAL PERMIT TO ACQUIRE AND PERMIT TO 28 6 ACQUIRE. The bill provides in Code section 724.20 that an 28 7 optional permit to acquire a firearm shall be valid five years 28 8 from the date of the issuance of the permit. Current law 28 9 provides that a permit to acquire is valid three days after 28 10 the date of the application and becomes invalid one year 28 11 after the date of the application for the permit to acquire. 28 12 The bill specifies that the permit to acquire firearms shall 28 13 have a uniform appearance, size, and content prescribed and 28 14 published by the commissioner of public safety. The bill 28 15 further specifies that the permit shall contain the name of 28 16 the permittee and the effective date of permit, but shall not 28 17 contain the permittee's social security number. 28 18 DENIAL, SUSPENSION, OR REVOCATION ==== PERMIT TO CARRY 28 19 WEAPONS AND PERMIT TO ACQUIRE FIREARMS. If an applicant under 28 20 Code section 724.21A appeals the decision by the sheriff or 28 21 commissioner to deny an application, or suspend or revoke a 28 22 permit to carry weapons or a permit to acquire firearms, and 28 23 it is later determined the applicant is eligible to be issued 28 24 or possess such a permit, the bill provides that the applicant 28 25 shall be awarded any costs related to the administrative 28 26 hearing and reasonable attorney fees if applicable. However, 28 27 if the decision of the sheriff or commissioner to deny the 28 28 application, or suspend or revoke the permit is upheld on 28 29 appeal, the political subdivision of the state representing the 28 30 sheriff or the commissioner shall be awarded court costs and 28 31 reasonable attorney fees if applicable. 28 32 POSSESSION OF PISTOL, REVOLVER, OR AMMUNITION BY PERSONS 28 33 UNDER 14 YEARS OF AGE. Under the bill in Code section 28 34 724.22(5), a parent or guardian or spouse who is 21 years of 28 35 age or older, or an instructor 21 years of age or older with 29 1 the consent of the parent or guardian or spouse, may allow 29 2 a minor of any age to possess a pistol or revolver or the 29 3 ammunition therefor, which then may be lawfully used. Current 29 4 law prohibits a parent or guardian or spouse who is 21 years 29 5 of age or older from allowing a minor under 14 years of age 29 6 from possessing a pistol, revolver, or the ammunition. This 29 7 provision takes effect upon enactment. 29 8 Except for the circumstances under Code section 724.22(4) 29 9 (security personnel) or Code section 724.22(5), under current 29 10 law, a person who sells, loans, gives, or makes available a 29 11 pistol or revolver or ammunition for a pistol or revolver to a 29 12 person below the age of 21 commits a serious misdemeanor for a 29 13 first offense and a class "D" felony for second and subsequent 29 14 offenses. 29 15 PERMIT TO CARRY AND PERMIT TO ACQUIRE RECORDS ==== 29 16 CONFIDENTIALITY. Current law requires the commissioner of 29 17 public safety to maintain a permanent record of all valid 29 18 permits to carry weapons and of current permit revocations. 29 19 The bill provides in Code section 724.23 that, 29 20 notwithstanding any other law or rule to the contrary, the 29 21 commissioner of public safety and any issuing officer (county 29 22 sheriff) shall keep confidential personally identifiable 29 23 information of holders of permits to carry weapons and 29 24 permits to acquire firearms. The release of any confidential 29 25 information, except as otherwise provided in the bill, requires 29 26 a court order or the consent of the person whose personally 29 27 identifiable information is the subject of the information 29 28 request. The bill does not prohibit release of statistical 29 29 information relating to the issuance, denial, revocation, or 29 30 administration of nonprofessional permits to carry weapons and 29 31 permits to acquire firearms if such information does not reveal 29 32 the identity of any individual permit holder, the release 29 33 of information to a law enforcement agency investigating a 29 34 violation of law or where probable cause exists, the release 29 35 for purposes of conducting a background check, or the release 30 1 of information relating to the validity of a professional 30 2 permit to carry weapons to an employer who requires an employee 30 3 or an agent of the employer to possess a professional permit to 30 4 carry weapons as part of the duties of the employee or agent. 30 5 This provision applies to holders of nonprofessional permits to 30 6 carry weapons and permits to acquire firearms and to applicants 30 7 for nonprofessional permits to carry weapons and permits to 30 8 acquire firearms on or after the effective date of the bill. 30 9 This provision takes effect upon enactment. 30 10 FRAUDULENT PURCHASE OF FIREARMS OR AMMUNITION. The bill 30 11 provides that a person who knowingly solicits, persuades, 30 12 encourages, or entices a licensed firearms dealer or private 30 13 seller of firearms or ammunition to transfer a firearm or 30 14 ammunition under circumstances that the person knows would 30 15 violate the laws of this state or of the United States commits 30 16 a class "D" felony. A person who knowingly provides materially 30 17 false information to a licensed firearms dealer or private 30 18 seller of firearms or ammunition with the intent to deceive the 30 19 firearms dealer or seller about the legality of a transfer of a 30 20 firearm or ammunition commits a class "D" felony. Any person 30 21 who willfully procures another to engage in conduct prohibited 30 22 by this Code section shall be held accountable as a principal. 30 23 The Code section does not apply to a law enforcement officer 30 24 acting in the officer's official capacity or to a person acting 30 25 at the direction of such law enforcement officer. 30 26 This new Code section takes effect upon enactment. 30 27 RULES. The bill specifies that the department of public 30 28 safety shall adopt rules pursuant to Code chapter 17A to 30 29 administer Code chapter 724. LSB 1099SV (3) 86 jm/rj
