HF 2255 (LSB 5227YH (21) 83)

HOUSE FILE 2255

BY  BAUDLER, ZIRKELBACH, HORBACH, DRAKE, REICHERT, HELLAND, SCHULTE, S. OLSON, TJEPKES, ARNOLD, WATTS, ROBERTS, FORRISTALL, 

VAN ENGELENHOVEN, CHAMBERS, HUSEMAN, WORTHAN, DOLECHECK, GRASSLEY, 

L. MILLER, DEYOE, REASONER, SODERBERG, BELL, GAYMAN, MERTZ, BAILEY, MAREK, QUIRK, HANSON, HUSER, SWAIM, THOMAS, FORD, SHOMSHOR, PALMER, TYMESON, RAYHONS, DE BOEF, PAULSEN, KAUFMANN, LYKAM, UPMEYER, and R. OLSON

A BILL FOR

An Act relating to permits to carry weapons and permits to acquire pistols and revolvers including the dissemination of information relating to persons suffering from mental and substance abuse health-related disorders and the possession of firearms and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 22.7, Code Supplement 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  65.  Personally identifiable information relating to applicants or holders of nonprofessional permits to carry weapons and permits to acquire pistols and revolvers pursuant to chapter 724. Such information shall include but not be limited to the name, social security number, date of birth, driver’s license or other identification number, and residential or business address of the applicant or permit holder. This subsection does not apply to aggregate data collected by the department relating to the issuance, denial, revocation, and administration of such permits provided that the release of such information does not reveal the identity of any applicant or permit holder.
    Sec. 2.  Section 229.24, subsection 1, Code 2009, is amended to read as follows:
   1.  All papers and records pertaining to any involuntary hospitalization or application for involuntary hospitalization of any person under this chapter, whether part of the permanent record of the court or of a file in the department of human services, are subject to inspection only upon an order of the court for good cause shown. Nothing in this section shall prohibit a hospital from complying with the requirements of this chapter and of chapter 230 relative to financial responsibility for the cost of care and treatment provided a patient in that hospital, nor from properly billing any responsible relative or third-party payer for such care and treatment.
    Sec. 3.  Section 229.24, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  This section shall not prohibit any of the following:
   a.  A hospital from complying with the requirements of this chapter and of chapter 230 relative to financial responsibility for the cost of care and treatment provided a patient in that hospital or from properly billing any responsible relative or third-party payer for such care or treatment.
   b.  A court or the department of public safety from forwarding to the federal bureau of investigation a copy of an order issued under section 724.31, for the sole purpose of updating the national instant criminal background system database maintained by the federal bureau of investigation.
    Sec. 4.  NEW SECTION.  724.4C  Possession or carrying of firearms while under the influence.
   1.  Except as otherwise provided in this section, a person under the influence of alcohol or an illegally used or possessed controlled substance who knowingly possesses or carries a loaded firearm on or about the person or within the person’s immediate access and control while in a vehicle, commits a serious misdemeanor.
   2.  If a person who is arrested pursuant to this section has a permit to carry weapons issued pursuant to section 724.6 or 724.7, the issuing officer may suspend such permit pursuant to section 724.13. The issuing officer may revoke such permit pursuant to section 724.13 upon a conviction pursuant to this section.
   3.  This section shall not apply to any of the following:
   a.  A person who possesses or carries a firearm while in the person’s own dwelling or place of business or on land owned or possessed by the person.
   b.  The transitory possession or use of a firearm during an act committed in self-defense or in defense of another person or any other act committed if legally justified or excused, provided such possession or use lasts no longer than is immediately necessary.
    Sec. 5.  Section 724.7, Code 2009, is amended to read as follows:
   724.7  Nonprofessional permit to carry weapons.

   Any person who can reasonably justify going armed may is not disqualified under section 724.8, who satisfies the training requirements of section 724.9, and who files an application in accordance with section 724.10 shall be issued a nonprofessional permit to carry weapons. Such permits shall be on a form prescribed and published by the commissioner of public safety, which shall be readily distinguishable from the professional permit, and shall identify the holder thereof, and state the reason for the issuance of the permit, and the limits of the authority granted by such permit of the permit. All permits so issued shall be for a definite period as established by the issuing officer, but in no event shall exceed a period of twelve months five years and shall be valid throughout the state except where the possession or carrying of a firearm is prohibited by state or federal law.
    Sec. 6.  Section 724.8, Code 2009, is amended to read as follows:
   724.8  Persons eligible for permit to carry weapons.

   No person shall be issued a professional or nonprofessional permit to carry weapons unless shall be issued to a person who is subject to any of the following:

   1.  The person is Is less than eighteen years of age or older for a professional permit or less than twenty-one years of age for a nonprofessional permit.
   2.  The person has never been convicted of a felony.
   3.  The person is not addicted to the use of alcohol or any controlled substance.
   4.  The person has no history of repeated acts of violence.
   5.  The issuing officer reasonably determines that the applicant does not constitute a danger to any person.
   2.  Is subject to the provisions of section 724.26.
   6.3.  The person has never Has, within the previous three years, been convicted of any crime serious or aggravated misdemeanor defined in chapter 708, except “assault” as defined in section 708.1 and “harassment” as defined in section 708.7.
   4.  Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year as defined in 18 U.S.C. § 921(a)(20), pursuant to 18 U.S.C. § 922(d)(1) or 18 U.S.C. § 922(g)(1).
   5.  Is a fugitive from justice as defined in 18 U.S.C. § 921(a)(15), pursuant to 18 U.S.C. § 922(d)(2) or 18 U.S.C. § 922(g)(2).
   6.  Is an unlawful user of or addicted to any controlled substance pursuant to 18 U.S.C. § 922(d)(3) or 18 U.S.C. § 922(g)(3).
   7.  Has been adjudicated seriously mentally impaired or been committed to a mental institution for purposes of 18 U.S.C. § 922(d)(4) or 18 U.S.C. § 922(g)(4).
   8.  Is an alien illegally or unlawfully in the United States or admitted to the United States under a nonimmigrant visa, as those terms are used in 18 U.S.C. § 922(d)(5), 18 U.S.C. § 922(g)(5), or 18 U.S.C. § 922(y).
   9.  Has been discharged from the armed forces under dishonorable conditions pursuant to 18 U.S.C. § 922(d)(6) or 18 U.S.C. § 922(g)(6).
   10.  Has renounced the person’s United States citizenship pursuant to 18 U.S.C. § 922(d)(7) or 18 U.S.C. § 922(g)(7).
   11.  Is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner or any child of the intimate partner, as defined in 18 U.S.C. § 921(a)(32), pursuant to 18 U.S.C. § 922(d)(8) or 18 U.S.C. § 922(g)(8).
   12.  Has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921(a)(33), pursuant to 18 U.S.C. § 922(d)(9) or 18 U.S.C. § 922(g)(9).
   13.  Is under indictment for a crime punishable by imprisonment for a term exceeding one year as defined in 18 U.S.C. § 921(a)(20), pursuant to 18 U.S.C. § 922(n).
    Sec. 7.  Section 724.9, Code 2009, is amended by striking the section and inserting in lieu thereof the following:
   724.9  Firearm training program.
   1.  An applicant shall demonstrate knowledge of firearm safety by any of the following means:
   a.  Completion of any national rifle association firearms safety or firearms training course.
   b.  Completion of any firearms safety or firearms training course available to the general public offered by a law enforcement agency, community college, college, private or public institution or organization, or firearms training school utilizing instructors certified by the national rifle association or the department of public safety or another state’s department of public safety, state police department, or similar certifying body.
   c.  Completion of any law enforcement firearms safety or firearms training course or class offered for security guards, investigators, special deputies, or any division or subdivision of a law enforcement or security enforcement agency.
   d.  Evidence of equivalent experience with a firearm through participation in any organized shooting competition.
   e.  Completion of small arms training while serving with the armed forces of the United States as evidenced by any of the following:
   (1)  For personnel released or retired from active duty, possession of an honorable discharge or general discharge under honorable conditions.
   (2)  For personnel on active duty or serving in one of the national guard or reserve components of the armed forces of the United States, possession of a certificate of completion of basic training with a service record of successful completion of small arms training and qualification.
   f.  Previously having held a license to carry a firearm in this state, any political subdivision of this state, or in a state recognized under section 724.11A, unless such license was revoked for cause.
   g.  Completion of a law enforcement agency firearms training course that qualifies a peace officer to carry a firearm in the normal course of the peace officer’s duties.
   2.  Evidence of qualification under this section may be documented by any of the following:
   a.  A photocopy of a certificate of completion or any similar document indicating completion of any course or class identified in subsection 1.
   b.  An affidavit from the instructor, school, organization, or group that conducted or taught a course or class identified in subsection 1 attesting to the completion of the course or class by the applicant.
   c.  A copy of any document indicating participation in any firearms shooting competition.
   d.  A copy of a license described in subsection 1, paragraph “f”.
   3.  An issuing officer shall not condition the issuance of a permit on training requirements that are not specified in or that exceed the requirements of this section.
    Sec. 8.  Section 724.10, Code 2009, is amended to read as follows:
   724.10  Application for permit to carry weapons —— criminal history background check required.
   1.  A person shall not be issued a permit to carry weapons unless the person has completed and signed an application on a form to be prescribed and published by the commissioner of public safety. The application shall state require only the full name, driver’s license or nonoperator’s identification card number, residence, place of birth, and age of the applicant, and shall state whether the applicant has ever been convicted of a felony, whether the person is addicted to the use of alcohol or any controlled substance, and whether the person has any history of mental illness or repeated acts of violence meets the criteria specified in sections 724.8 and 724.9.  An applicant may provide the applicant’s social security number if the applicant so chooses. The applicant shall also display an identification card that bears a distinguishing number assigned to the cardholder, the full name, date of birth, sex, residence address, and a brief description and colored photograph of the cardholder.
   2.  The sheriff issuing officer, upon receipt of an initial or renewal application under this section, shall conduct immediately conduct a criminal history background check concerning each applicant by obtaining criminal history data from the department of public safety which shall include an inquiry of the national instant criminal background system maintained by the federal bureau of investigation or any successor agency.
   3.  A person who knowingly makes a false statement of material fact on the an application submitted under this section or who knowingly submits any materially falsified or forged document in connection with such application commits a class “D” felony an aggravated misdemeanor.
    Sec. 9.  Section 724.11, Code 2009, is amended to read as follows:
   724.11  Issuance of permit to carry weapons.
   1.  Applications for permits to carry weapons shall be made to the sheriff of the county in which the applicant resides. Applications from persons who are nonresidents of the state, or whose need to go armed arises out of employment by the state, shall be made to the commissioner of public safety. In either case, the issuance of the permit shall be by and at the discretion of the sheriff or commissioner, who shall, before issuing the permit, shall determine that the requirements of sections 724.6 to 724.10 have been satisfied. However, the training program requirements in section 724.9 may shall be waived for renewal permits.
   2.  The issuing officer shall collect a fee of ten dollars, except from a duly appointed peace officer or correctional officer, for each permit issued. Renewal permits or duplicate permits shall be issued for a fee of five dollars, provided the application for such renewal permit is received by the issuing officer at least thirty days prior to the expiration of the applicant’s current permit. The issuing officer shall notify the commissioner of public safety of the issuance of any permit at least monthly and forward to the commissioner an amount equal to two dollars for each permit issued and one dollar for each renewal or duplicate permit issued. All such fees received by the commissioner shall be paid to the treasurer of state and deposited in the operating account of the department of public safety to offset the cost of administering this chapter. Any Notwithstanding section 8.33, any unspent balance as of June 30 of each year shall revert to the general fund as provided by section 8.33 of the state.
   3.  The sheriff or commissioner of public safety shall approve or deny an initial or renewal application submitted under this section within thirty days of receipt of the application. If the issuing officer has not received a response to an information request necessary to determine the applicant’s eligibility at the end of the thirty-day period and the applicant is not otherwise disqualified, the issuing officer shall issue a conditional permit to the applicant. The conditional permit shall be readily distinguishable in appearance from a five-year permit and shall be immediately revoked if the information subsequently received indicates the applicant is ineligible for a permit and the application is denied. A person whose application for a permit under this chapter is denied may seek review of the denial under section 724.21A.
    Sec. 10.  NEW SECTION.  724.11A  Reciprocity.
   1.  The commissioner of public safety shall compare the provisions of sections 724.7 and 724.8 with similar statutes of other states to determine whether such state’s laws are similar to or exceed the requirements of sections 724.7 and 724.8. The commissioner shall seek a reciprocity agreement with each state whose laws are similar to or exceed the requirements of sections 724.7 and 724.8.
   2.  A valid nonprofessional permit or license to carry weapons recognized in this state pursuant to subsection 1 shall have the same legal effect as a nonprofessional permit to carry weapons issued under this chapter, except that such permit shall not be considered to be a substitute for an annual permit to acquire weapons issued pursuant to section 724.15.
    Sec. 11.  Section 724.13, Code 2009, is amended by striking the section and inserting in lieu thereof the following:
   724.13  Suspension or revocation of permit to carry weapons.
   An issuing officer who finds that a person issued a permit to carry weapons under this chapter has been arrested for a disqualifying offense or is the subject of proceedings that could lead to the person’s ineligibility for such permit may immediately suspend such permit. An issuing officer proceeding under this section shall immediately notify the permit holder of the suspension by personal service or certified mail on a form prescribed and published by the commissioner of public safety and the suspension shall become effective upon the permit holder’s receipt of such notice. If the suspension is based on an arrest or a proceeding that does not result in a disqualifying conviction or finding against the permit holder, the issuing officer shall immediately reinstate the permit upon receipt of proof of the matter’s final disposition. If the arrest leads to a disqualifying conviction or the proceedings to a disqualifying finding, the issuing officer shall revoke the permit. The issuing officer may also revoke the permit of a person whom the issuing officer later finds was not qualified for such a permit at the time of issuance or who the officer finds provided materially false information on the permit application. A person aggrieved by a suspension or revocation under this section make seek review of the decision pursuant to section 724.21A.
    Sec. 12.  Section 724.15, Code 2009, is amended to read as follows:
   724.15  Annual permit to acquire pistols or revolvers.
   1.  Any person who acquires desires to acquire ownership of any pistol or revolver shall first obtain an annual permit. An annual permit shall not be issued upon request to any person resident of this state unless the person is subject to any of the following:
   a.  The person is Is less than twenty-one years of age or older.
   b.  The person has never been convicted of a felony.
   c.  The person is not addicted to the use of alcohol or a controlled substance.
   d.  The person has no history of repeated acts of violence.
   e.  The person has never been convicted of a crime defined in chapter 708, except “assault” as defined in section 708.1 and “harassment” as defined in section 708.7.
   f.  The person has never been adjudged mentally incompetent.
   b.  Is subject to the provisions of section 724.26.
   c.  Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year as defined in 18 U.S.C. § 921(a)(20), pursuant to 18 U.S.C. § 922(d)(1) or 18 U.S.C. § 922(g)(1).
   d.  Is a fugitive from justice as defined in 18 U.S.C. § 921(a)(15), pursuant to 18 U.S.C. § 922(d)(2) or 18 U.S.C. § 922(g)(2).
   e.  Is an unlawful user of or addicted to any controlled substance pursuant to 18 U.S.C. § 922(d)(3) or 18 U.S.C. § 922(g)(3).
   f.  Has been adjudicated seriously mentally impaired or been committed to a mental institution for purposes of 18 U.S.C. § 922(d)(4) or 18 U.S.C. § 922(g)(4).
   g.  Is an alien illegally or unlawfully in the United States or admitted to the United States under a nonimmigrant visa, as those terms are used in 18 U.S.C. § 922(d)(5), 18 U.S.C. § 922(g)(5), or 18 U.S.C. § 922(y).
   h.  Has been discharged from the armed forces under dishonorable conditions pursuant to 18 U.S.C. § 922(d)(6) or 18 U.S.C. § 922(g)(6).
   i.  Has renounced the person’s United States citizenship pursuant to 18 U.S.C. § 922(d)(7) or 18 U.S.C. § 922(g)(7).
   j.  Is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner or any child of the intimate partner as defined in 18 U.S.C. § 921(a)(32), pursuant to 18 U.S.C. § 922(d)(8) or 18 U.S.C. § 922(g)(8).
   k.  Has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921(a)(33), pursuant to 18 U.S.C. § 922(d)(9) or 18 U.S.C. § 922(g)(9).
   l.  Is under indictment for a crime punishable by imprisonment for a term exceeding one year as defined in 18 U.S.C. § 921(a)(20), pursuant to 18 U.S.C. § 922(n).
   2.  Any person who acquires ownership of a pistol or revolver shall not be required to obtain an annual permit if any of the following apply:
   a.  The person transferring the pistol or revolver and the person acquiring the pistol or revolver are licensed firearms dealers under federal law;.
   b.  The pistol or revolver acquired is an antique firearm, a collector’s item, a device which is not designed or redesigned for use as a weapon, a device which is designed solely for use as a signaling, pyrotechnic, line-throwing, safety, or similar device, or a firearm which is unserviceable by reason of being unable to discharge a shot by means of an explosive and is incapable of being readily restored to a firing condition; or.
   c.  The person acquiring the pistol or revolver is authorized to do so on behalf of a law enforcement agency.
   d.  The person has obtained a valid permit to carry weapons, as provided in section 724.11.
   e.  The person transferring the pistol or revolver and the person acquiring the pistol or revolver are related to one another within the second degree of consanguinity or affinity unless the person transferring the pistol or revolver knows that the person acquiring the pistol or revolver would be ineligible to obtain disqualified from obtaining a permit.
   3.  The annual permit to acquire pistols or revolvers shall authorize the permit holder to acquire one or more pistols or revolvers during the period that the permit remains valid. If the issuing officer determines that the applicant has become disqualified under the provisions of subsection 1, the issuing officer may immediately invalidate the permit.
   4.  An issuing officer who finds that a person issued a permit to acquire pistols or revolvers under this chapter has been arrested for a disqualifying offense or who is the subject of proceedings that could lead to the person’s ineligibility for such permit may immediately suspend such permit. An issuing officer proceeding under this subsection shall immediately notify the permit holder of the suspension by personal service or certified mail on a form prescribed and published by the commissioner of public safety and the suspension shall become effective upon the permit holder’s receipt of such notice. If the suspension is based on an arrest or a proceeding that does not result in a disqualifying conviction or finding against the permit holder, the commissioner shall immediately reinstate the permit upon receipt of proof of the matter’s final disposition. If the arrest leads to a disqualifying conviction or the proceedings to a disqualifying finding, the issuing officer shall revoke the permit. The issuing officer may also revoke the permit of a person whom the issuing officer later finds was not qualified for such a permit at the time of issuance or who the officer finds provided materially false information on the permit application. A person aggrieved by a suspension or revocation under this subsection may seek review of the decision, pursuant to section 724.21A.
    Sec. 13.  Section 724.17, Code 2009, is amended to read as follows:
   724.17  Application for annual permit to acquire —— criminal history check required.

   The application for an annual permit to acquire pistols or revolvers may be made to the sheriff of the county of the applicant’s residence and shall be on a form prescribed and published by the commissioner of public safety. The application shall state require only the full name of the applicant, the driver’s license or nonoperator’s identification card number of the applicant, the residence of the applicant, and the age and place of birth of the applicant. The applicant shall also display an identification card that bears a distinguishing number assigned to the cardholder, the full name, date of birth, sex, residence address, and brief description and colored photograph of the cardholder, or other identification as specified by rule of the department of public safety. The sheriff shall conduct a criminal history check concerning each applicant by obtaining criminal history data from the department of public safety which shall include an inquiry of the national instant criminal background system maintained by the federal bureau of investigation or any successor agency. A person who knowingly makes a false statement of material fact on the application commits a class “D” felony.  A person who knowingly makes a false statement of material fact on an application submitted under this section or who knowingly submits any materially falsified or forged document in connection with such application commits an aggravated misdemeanor.
    Sec. 14.  NEW SECTION.  724.21A  Hearing on denial, suspension, or revocation of permit to carry weapons and permits to acquire pistols or revolvers.
   1.  In any case where the sheriff or the commissioner of public safety denies an application for or suspends or revokes a permit to carry weapons or an annual permit to acquire pistols or revolvers, the applicant or permit holder shall have the right to appeal the denial, suspension, or revocation of the permit to an administrative law judge in the department of inspections and appeals within thirty days of receiving written notice of the denial, suspension, or revocation.
   2.  The applicant or permit holder may file an appeal with an administrative law judge by filing a copy of the denial, suspension, or revocation notice with a written statement that clearly states the applicant’s reasons rebutting the denial, suspension, or revocation along with a fee of ten dollars. Additional supporting information relevant to the proceedings may also be included.
   3.  The administrative law judge shall grant an aggrieved applicant an opportunity to be heard within forty-five days of receipt of the request for an appeal. The hearing may be held by telephone or video conference at the discretion of the administrative law judge. The administrative law judge shall receive witness testimony and other evidence relevant to the proceedings at the hearing.
   4.  Upon conclusion of the hearing, the administrative law judge shall order that the denial, suspension, or revocation of the permit be either rescinded or sustained. An applicant, permit holder, or issuing officer aggrieved by the final judgment of the administrative law judge shall have the right to judicial review in accordance with the terms of the Iowa administrative procedure Act, chapter 17A.
    Sec. 15.  Section 724.23, Code 2009, is amended to read as follows:
   724.23  Records kept by commissioner.

   The commissioner of public safety shall maintain a permanent record of all valid permits to carry weapons and of current permit revocations.  Information that would personally identify applicants or holders of nonprofessional permits to carry weapons or permits to acquire pistols or revolvers including but not limited to the person’s name, social security number, date of birth, driver’s license or other identification number, and residential or business address shall be kept confidential pursuant to section 22.7.
    Sec. 16.  Section 724.25, subsection 1, Code 2009, is amended to read as follows:
   1.  As used in sections 724.8, subsection 2, and section

724.26, the word “felony” means any offense punishable in the jurisdiction where it occurred by imprisonment for a term exceeding one year, but does not include any offense, other than an offense involving a firearm or explosive, classified as a misdemeanor under the laws of the state and punishable by a term of imprisonment of two years or less.
    Sec. 17.  Section 724.27, Code 2009, is amended to read as follows:
   724.27  Offenders’ rights restored.
   1.  The provisions of section 724.8, subsection 2, section 724.15, subsection 1, paragraphs “b” and “e”, and section 724.26 shall not apply to a person who is eligible to have the person’s civil rights regarding firearms restored under section 914.7 and who is pardoned or has had the person’s civil rights restored by the President of the United States or the chief executive of a state and who is expressly authorized by the President of the United States or such chief executive to receive, transport, or possess firearms or destructive devices. if any of the following occur:
   a.  The person is pardoned by the President of the United States or the chief executive of a state for a disqualifying conviction.
   b.  The person’s civil rights have been restored after a disqualifying conviction, commitment, or adjudication.
   c.  The person’s conviction for a disqualifying offense has been expunged.
   2.  Subsection 1 shall not apply to a person whose pardon, restoration of civil rights, or expungement of conviction expressly forbids the person to receive, transport, or possess firearms or destructive devices.
    Sec. 18.  NEW SECTION.  724.31  Persons subject to mental and substance abuse health-related orders, commitments, or findings

—— disabilities —— restoration of rights —— reports.
   1.  Subsequent to the issuance of a court order listed in subsection 2, a court shall make a finding as to whether the person who is the subject of the order is a person to whom the provisions of 18 U.S.C. § 922(d)(4) or 18 U.S.C. § 922(g)(4) apply, and if so, shall inform the person of the applicable prohibitions and shall order the person not to ship, possess, receive, or transport or cause the transport of firearms or ammunition. The court shall also order the person to make immediate arrangements for the disposition of any firearms or ammunition owned or possessed by the person. If the person is unable to make lawful disposition by other means, the department of public safety may take custody of any firearms or ammunition owned or possessed by the person for such time as the order issued in subsection 2 remains in effect. The clerk of the district court shall forward a copy of the prohibition order to the department of public safety which in turn shall forward a copy of the order to the federal bureau of investigation or its successor agency for inclusion in the national instant criminal background check system database.
   2.  A court order that does any of the following is subject to this section:
   a.  Orders commitment or treatment pursuant to section 125.84.
   b.  Orders commitment pursuant to section 222.31.
   c.  Orders commitment or treatment pursuant to section 229.14.
   d.  Appoints a guardian or conservator pursuant to section 231E.6.
   e.  Grants a petition filed pursuant to section 597.6.
   f.  Issues an order pursuant to section 633.244.
   g.  Appoints a guardian pursuant to section 633.556.
   h.  Finds a defendant incompetent to stand trial pursuant to section 812.5.
   3.  a.  A person who is the subject of a court order listed in subsection 2 may petition the court that issued the order or the court in the county where the person resides to cancel the order and to restore the person’s right to ship, possess, receive, or transport or cause the transport of firearms or ammunition. A copy of the petition shall also be served on the director of human services and the county attorney at the county attorney’s office of the county in which the original order, commitment, or finding occurred and the director or the county attorney may appear, support, object to, and present evidence relevant to the relief sought by the petitioner. A court considering a petition under this section shall receive evidence concerning all of the following:
   (1)  The circumstances surrounding the original issuance of the prohibition and disposition order pursuant to subsection 1.
   (2)  The petitioner’s mental health and criminal history.
   (3)  The petitioner’s reputation and character.
   (4)  Any changes in the petitioner’s condition or circumstances since the order of prohibition relevant to the relief sought.
   b.  The court shall grant a petition filed pursuant to paragraph “a” if the court finds by a preponderance of the evidence that the petitioner will not be likely to act in a manner dangerous to the public safety and that the granting of the relief would not be contrary to the public interest. The petitioner may appeal a denial of the requested relief and the review shall be de novo. A person may file a petition for relief under this subsection not more than once every two years.
   c.  If a court issues an order granting a petition for relief under paragraph “b”, the clerk of the district court shall immediately forward a copy of the order to the department of public safety which, upon receipt, shall immediately forward a copy of the order to the federal bureau of investigation or its successor agency for inclusion in the national instant criminal background check system database.
EXPLANATION
   This bill relates to permits to carry weapons and permits to acquire pistols and revolvers including the dissemination of information relating to persons suffering from mental and substance abuse health-related disorders and the possession of firearms.
   PERSONALLY IDENTIFIABLE INFORMATION —— PERMITS TO CARRY WEAPONS AND PERMITS TO ACQUIRE PISTOLS AND REVOLVERS. The bill adds a provision in Code section 22.7 making personally identifiable information of applicants or holders of nonprofessional permits to carry weapons and annual permits to acquire pistols or revolvers in Code chapter 724 confidential unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information. Such information includes but is not limited to the name, social security number or other identification number, date of birth, and residential or business address of the applicant or permit holder. This provision does not apply to aggregate data collected by the department of public safety relating to the issuance, denial, revocation, or administration of such permits, provided applicant or holder identities are not revealed. The bill makes a corresponding amendment to Code section 724.23 relating to records of permits to carry weapons including permit revocations maintained by the commissioner of public safety.
   CONFIDENTIALITY OF RECORDS OF INVOLUNTARY HOSPITAL PROCEEDINGS. The bill provides that although all papers and records pertaining to any involuntary hospitalization or application for involuntary hospitalization of any person under Code chapter 229, whether part of the permanent record of the court or of a file in the department of human services, are subject to public inspection only upon an order of the court for good cause shown, this prohibition does not prevent a court or the department of public safety from forwarding to the federal bureau of investigation a copy of an order issued by a court relating to a person who is the subject of a mental health-related order or commitment and the possession of firearms by such a person under new Code section 724.31 created in the bill.
   POSSESSION OR CARRYING OF FIREARMS WHILE UNDER THE INFLUENCE. The bill creates a new crime relating to the possession or carrying of firearms while under the influence of alcohol or an illegally used or possessed controlled substance and provides certain exemptions. The bill makes this crime a serious misdemeanor. A person arrested under this provision in the bill may have the person’s nonprofessional or professional permit to carry weapons suspended or revoked. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875.
   NONPROFESSIONAL PERMIT TO CARRY WEAPONS —— ISSUANCE —— RENEWAL PERMITS. The bill amends current law relating to the issuance of nonprofessional permits to carry weapons to provide that a person who is not subject to the disqualifying criteria in Code section 724.8 and who meets the training requirements of Code section 724.9, as amended in the bill, and who files the requisite application under Code section 724.10, as amended in the bill, shall be issued such a permit for a five-year period. Current law provides that even if certain criteria are met the issuing officer has the discretion to decide whether a permit should be issued to the applicant.
   The bill provides that renewal permits or duplicate permits to carry weapons shall be issued provided the application for such renewal permit is received by the issuing officer at least 30 days prior to the expiration of the applicant’s current permit and the sheriff or commissioner of public safety shall approve or deny an initial or renewal application submitted within 30 days of receipt of the application. If the issuing officer has not received a response to an information request necessary to determine the applicant’s eligibility at the end of the 30-day period and the applicant is otherwise qualified, the issuing officer shall issue a conditional permit to the applicant, which shall be immediately revoked if the information subsequently received indicates the applicant is ineligible for a permit and the application is denied. A person whose application for a permit to carry weapons is denied may seek judicial review of the denial under Code chapter 17A.
   FIREARMS TRAINING PROGRAM. The bill amends current law relating to a firearms training program and requires an applicant to demonstrate knowledge of firearm safety through completion of certain firearms safety or firearms training courses, evidence of equivalent experience with a firearm through participation in an organized shooting competition, completion of a small arms training program while serving with the armed forces of the United States, obtaining or previously having held a license to carry a firearm in this state or any political subdivision unless such license has been revoked for cause, or completion of a law enforcement firearms training program that qualifies a peace officer to carry a firearm in the normal course of the peace officer’s duties.
   BACKGROUND CHECKS. The bill amends Code section 724.10 relating to background checks of an applicant for a permit to carry weapons. The bill requires the issuing officer, upon receipt of an initial or renewal application for a permit to carry weapons, to conduct a background check utilizing any available state and federal data sources. In addition, the bill provides that a person who knowingly gives a false name or presents false identification or otherwise knowingly gives false material information in connection with an application for a permit to carry weapons commits an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.
   RECIPROCITY. The bill creates a reciprocity provision requiring the commissioner of public safety to compare the relevant provisions relating to the issuance of a permit to carry weapons with similar statutes of other states in which reciprocity is requested to determine whether such state’s laws are similar to or exceed the requirements of Iowa law. In addition, the bill allows the commissioner of public safety to seek a reciprocity agreement with each state whose laws are similar to or exceed the Iowa requirements.
   SUSPENSION OR REVOCATION OF PERMITS TO CARRY. The bill amends current law relating to the revocation of permits to carry by providing that an issuing officer who finds that a person who has been issued a permit to carry weapons has been arrested for a disqualifying offense or is the subject of proceedings that could lead to the person’s ineligibility for such permit may immediately suspend such permit. If the suspension is based on an arrest or a proceeding that does not result in a disqualifying conviction or finding against the permit holder, the issuing officer shall immediately reinstate the permit upon receipt of proof of the matter’s final disposition. If the arrest leads to a disqualifying conviction or the proceedings to a disqualifying finding, the issuing officer shall revoke the permit. The issuing officer may also revoke the permit of a person whom the issuing officer later finds was not qualified for such a permit at the time of issuance or who the officer finds provided materially false information on the permit application. A person aggrieved by a suspension or revocation under this Code section may seek review of the decision pursuant to an administrative review process under the bill.
   ADMINISTRATIVE REVIEW —— DENIAL, SUSPENSION, OR REVOCATION.

The bill provides an administrative review procedure in any case where the sheriff or the commissioner of public safety denies an application for or suspends or revokes a permit to carry weapons or an annual permit to acquire pistols or revolvers and provides that the applicant or permit holder shall have the right to appeal the denial, suspension, or revocation of the permit to an administrative law judge in the department of inspections and appeals within 30 days of receiving written notice of the denial, suspension, or revocation. The applicant or permit holder may file an appeal with an administrative law judge by filing a copy of the denial, suspension, or revocation notice with a written statement that clearly states the applicant’s reasons rebutting the denial, suspension, or revocation along with a fee of $10. The administrative law judge shall grant an aggrieved applicant an opportunity to be heard within 45 days of receipt of the appeal request and the hearing may be held by telephone or video conference at the discretion of the administrative law judge. The administrative law judge shall receive witness testimony and other evidence relevant to the proceedings at the hearing. Upon conclusion of the hearing, the administrative law judge shall order that the denial, suspension, or revocation of the permit be either rescinded or sustained. An applicant, permit holder, or issuing officer aggrieved by the final judgment of the administrative law judge shall have the right to judicial review in accordance with the terms of the Iowa administrative procedure Act pursuant to Code chapter 17A.
   PERMITS TO ACQUIRE PISTOLS OR REVOLVERS —— ISSUANCE —— PERMIT REVOCATIONS. The bill amends Code section 724.13 relating to the issuance of permits to acquire pistols or revolvers and provides the same procedure for such permit denials, suspensions, and revocations as previously indicated for denials, suspensions, and revocations of permits to carry weapons.
   RESTORATION OF RIGHTS —— FIREARMS. The bill makes conforming changes relating to the restoration of the right to possess a firearm under Code section 724.27 and provides that a person whose pardon, restoration of civil rights, or expungement of conviction expressly forbids the person to receive, transport, or possess firearms is ineligible to have the person’s civil rights regarding firearms restored.
   PERSONS SUBJECT TO MENTAL AND SUBSTANCE ABUSE HEALTH-RELATED ORDERS —— RESTORATION OF RIGHTS —— REPORTING. The bill provides that subsequent to a court order that orders commitment or treatment pursuant to Code section 125.84 (chemical substance abuse), Code section 222.31 (mental retardation), or Code section 229.14 (mental health), appoints a guardian or conservator pursuant to Code section 231E.6 (appointment of state or local substitute decision maker), grants a petition filed pursuant to Code section 597.6 (conveyance of property due to mental illness), issues an order pursuant to Code section 633.244 (incompetent spouse), appoints a guardian pursuant to Code section 633.556, or finds a defendant incompetent to stand trial pursuant to Code section 812.5, a court shall make a finding as to whether the person who is the subject of the order is subject to a federal firearms prohibition under federal law (18 U.S.C. § 922(d)(4) or (g)(4)), and if so, shall inform the person of the applicable prohibitions and shall order the person not to possess, receive, or transport or cause to transport a firearm or offensive weapon. The court shall also order the person to make immediate arrangements for the disposition of any firearms or ammunition owned or possessed by the person. If the person is unable to make lawful disposition by other means, the department of public safety may take custody of any firearms or ammunition owned or possessed by the person for such time as the order remains in effect. The clerk of the district court shall forward a copy of the order to the department of public safety which in turn shall forward a copy of the order to the federal bureau of investigation or its successor agency for inclusion in the national instant criminal background check system database.
   A person who is the subject of any of the underlying orders may petition the court that issued the order or the court in the county where the person resides to cancel the order and to restore the person’s right to ship, possess, receive, or transport or cause the transport of firearms or ammunition. A copy of the petition shall also be served on the director of human services and the county attorney at the county attorney’s office of the county in which the original order, commitment, or finding occurred and the director or the county attorney may appear, support, object to, and present evidence relevant to the relief sought by the petitioner. The court shall grant a petition if the court finds by a preponderance of the evidence that the petitioner will not be likely to act in a manner dangerous to the public safety and that the granting of the relief would not be contrary to the public interest. The petitioner may appeal a denial of the requested relief and the review shall be de novo. A person may file a petition for relief not more than once every two years. When a court issues an order granting a petition for relief, the clerk of the district court shall immediately forward a copy of the order to the department of public safety which, upon receipt, shall immediately forward a copy of the order to the federal bureau of investigation or its successor agency for inclusion in the national instant criminal background check system database.